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10-061 - USA v. Salyer


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10-061 - USA v. Salyer
January 5, 2010
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/5/10 GRANTING 2 PETITION to seal filed by USA as to Frederick Scott Salyer. Case to remain sealed until the first defendant is arrested by agents of the United States, except for copies for use by the United States. (Owen, K)[2:10-mj-00002-DAD]
February 26, 2010
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ORDER as to Frederick Scott Salyer, signed by Magistrate Judge Kendall J. Newman on 02/25/2010, ORDERING that the undersigned HEREBY RECUSES himself from presiding over proceedings in the matter presently set for 2/25/2010 pursuant to 28 U.S.C. 455(b)(3). (Schultz, C)
March 5, 2010
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DETENTION ORDER as to Frederick Scott Salyer signed by Magistrate Judge Edmund F. Brennan on 3/5/2010. (Matson, R)
March 5, 2010
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/5/2010 as to Frederick Scott Salyer DENYING 4 Motion for Pre-Trial Release filed by Frederick Scott Salyer and GRANTING 11 Motion seeking Defendant's Pretrial Detention filed by USA. (Matson, R)
March 8, 2010
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ORDER granting 30 Motion for Limited Disclosure and Protection of Grand Jury Materials signed by Senior Judge Lawrence K. Karlton on 3/8/2010. (Narcisse, M)
March 25, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 03/25/10 ORDERING that dft Frederick Scott Salyer's 35 Motion for Bail/Reconsideration is GRANTED. The dft will be released on bail when the totality of cash and property bond has been tendered and the detailed conditions will then go into effect. (Benson, A.)
March 26, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/26/2010 denying 49 Motion to Stay Order releasing defendant on bail as to Frederick Scott Salyer (1). (Waggoner, D)
March 29, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/29/10 ORDERING that Defendant's Application for release is DENIED to the extent it seeks a modification of the terms and conditions for bail. To the extent it seeks to post the Redondo Road property, the defendant must demonstrate that he can do so despite the Lis Pendens. (Mena-Sanchez, L)
March 30, 2010
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ORDER as to Frederick Scott Salyer signed by Senior Judge Lawrence K. Karlton on 3/30/10 ORDERING that the court will not accept the Pebble Beach home as sufficient support for the bond under the order. (Donati, J)
April 6, 2010
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STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/6/10 regulating discovery. (Owen, K)
April 12, 2010
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RELATED CASE ORDER as to Frederick Scott Salyer signed by Senior Judge Lawrence K. Karlton on 4/12/2010 ORDERING that the actions denominated No. 2:10-CV-810-GEB, 2:10-CV-811-WBS and 2:10-CV-812-JAM are reassigned to Judge Lawrence K. Karlton for all further proceedings. Henceforth the caption on all documents filed in the reassigned cases shall be shown as No. 2:10-CV-810-LKK, 2:10-CV-811-LKK and 2:10-CV-812-LKK. IT IS FURTHER ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment.(Duong, D)
April 15, 2010
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SUMMARY ORDER signed by Senior Judge Lawrence K. Karlton on April 15, 2010 as to defendant Frederick Scott Salyer. Further Status Conference set for 4/27/2010 at 09:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. **Excludable started as to Frederick Scott Salyer: Excludable T2 Start: 04/13/2010 Stop: 04/27/2010. (Rivas, A)
April 28, 2010
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ORDER REGARDING PRETRIAL MOTION SCHEDULE signed by Senior Judge Lawrence K. Karlton on April 28, 2010 as to defendant Frederick Scott Salyer re 91. The defendant shall file a discovery motion on or before 05/14/2010, Response due 05/28/2010, reply is due 06/04/2010, the hearing on the motions is to be noticed for the Magistrate Judge's calendar. The defendant shall file Fourth Amendment motion(s) to suppress evidence on or before 06/07/2010, Response due by 6/28/2010, Reply due by 7/6/2010, Non-Evidentiary Motion Hearing set for 7/13/2010 at 09:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The defendant shall file any further challenges to the Title III wire and interceptions, to dismiss the indictment, or counts thereof, severance and other FRCP Rule 12 motions, on or before 07/26/2010, Response due by 8/16/2010, Reply due by 8/23/2010, Non-Evidentiary Motion Hearing set for 8/31/2010 at 09:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. **Excludable started as to Frederick Scott Salyer: Excludable T4 Start: 04/27/2010 Stop: 05/14/2010. (Rivas, A)
May 19, 2010
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ORDER 101 regarding defendant Frederick Scott Salyer's release and return cash bail posted signed by Senior Judge Lawrence K. Karlton on 5/18/2010. Clerk directed to immediately release and return $300,000 cash bail so that it can be returned to Trusts. (cc: Court Financial Department) (Marciel, M)
May 26, 2010
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ORDER REGARDING MODIFIED PRETRIAL MOTION SCHEDULE signed by Senior Judge Lawrence K. Karlton on May 25, 2010 as to defendant Frederick Scott Salyer re 102. The defendant shall file a discovery motion on or before 06/01/2010, Response due 06/15/2010, reply is due 06/22/2010, the hearing on the motions is to be noticed for the Magistrate Judge's calendar. The defendant shall file Fourth Amendment motion(s) to suppress evidence on or before 06/29/2010, Response due by 7/20/2010, Reply due by 7/27/2010, Motion Hearing set for 8/03/2010 at 09:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The defendant shall file any further challenges to the Title III wire and interceptions, to dismiss the indictment, or counts thereof, severance and other FRCP Rule 12 motions, on or before 08/24/2010, Response due by 9/14/2010, Reply due by 9/21/2010, Motion Hearing set for 9/28/2010 at 09:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. **Excludable started as to Frederick Scott Salyer: Excludable T4 Start: 05/25/2010 Stop: 06/01/2010. (Rivas, A)
May 26, 2010
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AMENDED ORDER 103 as to Frederick Scott Salyer signed by Senior Judge Lawrence K. Karlton on 5/25/2010 re 104 ORDERING that The Clerk of the Court is hereby directed to release and return the $300,000 cash bail to: "Robert Pruett, Trustee of the CGS 2007 Trust and the SAS 2007 Trust," whose mailing address is 2593 Gillian Court, Pleasanton, CA 94566. [In lieu of returning the cash bail via mail to Mr. Pruett, the Clerk of the Court is alternatively permitted to release the check payable to : Robert Pruett, Trustee of the CGS 2007 Trust and the SAS 2007 Trust" to SEGAL & KIRBY LLP for delivery to Mr. Pruett.] (Duong, D)
June 18, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 06/18/10 ORDERING that: all discovery in the bankruptcy case pertaining to discovery directed to dft's criminal counsel and any deposition of dft himself is STAYED pending further order of this court; the bankruptcy trustee may file a reply to dft's 112 Request for a Stay w/i 15 days; the reply, if any, shall address whether the trustee may intervene in the criminal case for the purpose of opposing the request; the U.S. Attorney may file any response he feels appropriate w/i 15 days; the dft will have 15 days thereafter to respond; a hearing is SET for 08/03/10 at 09:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Clerk to serve USBC and counsel for Trustee Bradley Sharp, Gregory C. Nuti (cc: USBC, Nuti). (Benson, A.)
June 30, 2010
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ORDER REGARDING MODIFIED PRETRIAL MOTION SCHEDULE signed by Senior Judge Lawrence K. Karlton on June 29, 2010 as to defendant Frederick Scott Salyer re 120. The defendant shall file Fourth Amendment motion(s) to suppress evidence on or before 07/20/2010, Response due by 08/10/2010, Reply due by 08/17/2010, Motion Hearing set for 09/08/2010 at 09:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The defendant shall file any further challenges to the Title III wire and interceptions, to dismiss the indictment, or counts thereof, severance and other FRCP Rule 12 motions, on or before 09/14/20/10, Response due by 10/05/2010, Reply due by 10/12/2010, Motion Hearing set for 10/26/2010 at 09:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. **Excludable started as to Frederick Scott Salyer: Excludable T4 Start: 04/27/2010 Stop: 07/20/2010. (Rivas, A)
July 8, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 7/8/10 ORDERING that the actions denominated 2:10-CV-1492-FCD; 2:10-CV-1493-GEB; 2:10-CV-1496-WBS;2:10-CV-1497-GEB; 2:10-CV-1498-WBS; 2:10-CV-1499-WBS; and 2:10-CV-1500-MCE are reassigned to Judge Lawrence K. Karlton for all further proceedings. Henceforth the caption on all documents filed in the reassigned cases shall be shown as No. 2:10-CV-1492-LKK; 2:10-CV-1493-LKK; 2:10-CV-1496-LKK; 2:10-CV-1497-LKK;2:10-CV-1498-LKK; 2:10-CV-1499-LKK; and 2:10-CV-1500-LKK. IT IS FURTHER ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of cases to compensate for this reassignment. (Becknal, R)
July 9, 2010
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ORDER signed by Magistrate Judge Gregory G. Hollows on 7/8/2010 ORDERING 109 Motion for Discovery is denied and granted as set forth herein. Production of any information ordered herein is to be made within 21 days of the filed date of this order. Disclosure and/or Identification of Brady/Giglio material is to be made within 21 days as well, and served on Salyer. The court will issue a separate order on the "Motion for Preservation" (docket #108). (Matson, R)
July 20, 2010
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STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 7/20/10 ORDERING that the hearing on MOTION for RECONSIDERATION 133 is CONTINUED to 7/28/2010 at 09:00 AM. Defendant's Reponse due close of business Monday, 7/26/2010. (Mena-Sanchez, L)
July 27, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 7/27/10 ORDERING that it appears to the court that all issues to be raised in the captioned bankruptcy appeals may be resolved during the August 3, 2010 hearing. The court to dispose of the bankruptcy appeals along with the criminal motion absent objection by any interested parties. Any objections shall be filed in writing on or before 12:00 p.m. on Monday, August 2, 2010. Objecting parties must also appear at the August 3, 2010 hearing at 09:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Carlos, K) Modified on 7/27/2010 (Carlos, K).
August 2, 2010
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ORDER signed by Magistrate Judge Gregory G. Hollows on 8/2/10 GRANTING 133 Motion for Reconsideration of its 132 Order, but upon reconsideration, it is ORDERED that the previous order is AFFIRMED as explained herein with appropriate logistical modifications. (Donati, J)
August 2, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 8/2/10 ORDERING that the court will not decide the bankruptcy appeals until briefing is complete. The briefing schedule for the appeals remains unchanged. Counsel for the non-debtor entities is not required to appear at the 8/3/2010 criminal hearing. (Donati, J)
August 10, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 8/5/10 as to Frederick Scott Salyer regarding redaction of previously filed exhibits 170, 163, 162, 164. (Carlos, K)
August 11, 2010
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ORDER as to Frederick Scott Salyer signed by Senior Judge Lawrence K. Karlton on 8/11/10: the court is in receipt of dfts request for reconsideration of conditions of release. The government may file a response within 14 days from the date of this order. The response shall be no longer than 10 pages in length. If the court determines a hearing is necessary, one will be set and the parties will be notified. (Carlos, K)
August 12, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 8/11/10 ORDERING the redaction of exhibits contained in document 8, attachment 2, exhibit 12 and attachment 3, exhibit 13. (Carlos, K) Modified on 8/13/2010 (Donati, J).
August 27, 2010
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ORDER REGARDING MODIFIED PRETRIAL MOTION SCHEDULE signed by Senior Judge Lawrence K. Karlton on August 27, 2010 as to Frederick Scott Salyer re 200: The defendant shall file his replies to the government's responses to the motions to suppress evidence on or before 09/14/2010, and the government if it believe new facts or issues are raised by the defendant in his replies, shall file its sur-replies by 09/28/2010, Motion Hearing set for 10/19/2010 at 09:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The defendant shall file any further challenges to the Title III wire and interceptions, any motion to dismiss any counts of the indictment, for severance of counts of the indictment and all other FRCP Rule 12 motions, on or before 11/09/2010, the government shall file a response by 12/02/2010, and the defendant shall file a reply by 12/16/2010, Motion Hearing set for 01/11/2011 at 09:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The government shall file its appeal of Magistrate Judge Hollow's discovery order(s), currently due on 08/16/2010, by 08/26/2010, and the defendant shall file his opposition by 09/02/2010, Motion Hearing set for 09/21/2010 at 09:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. In addition, the ninety day time from for the government to comply with the order with respect to Brady/Giglio identification/disclosure shall be extended for twenty-one days. (Rivas, A)
September 3, 2010
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ORDER as to Frederick Scott Salyer signed by Senior Judge Lawrence K. Karlton on 9/3/10: The defendant will be released on bail when the totality of cash and property bond has been tendered and the conditions will then go into effect. (Kaminski, H)
September 3, 2010
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ORDER as to Frederick Scott Salyer signed by Senior Judge Lawrence K. Karlton on 9/3/10 FOR RELEASE OF PERSON IN CUSTODY. (Donati, J)
September 16, 2010
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ORDER REGARDING REVISED PRETRIAL MOTIONS SCHEDULE AND DISCOVERY ORDER signed by Senior Judge Lawrence K. Karlton on September 16, 2010 as to Frederick Scott Salyer re 214. The defendant shall file his replies to the government's responses to the motions to suppress evidence on or before 10/12/2010, and the government if it believe new facts or issues are raised by the defendant in his replies and without waiver of the right to argue that the Court should disregard any such new facts or issues, shall file its sur-replies by 10/26/2010. Motion Hearing set for 11/16/2010 at 09:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The date for the defendant to file any further challenges to the Title III wire and interceptions, any motion to dismiss any counts of the indictment, for severance of counts of the indictment and all other FRCP Rule 12 motions (which were previously scheduled to be filed on or 11/09/2010), and the briefing and hearing scheduled relating thereto, shall be determined pursuant to future agreement by the parties. The government has filed its appeal of Magistrate Judge Hollow's discovery order(s), and a hearing on the matter shall be held on September 21, 2010 at 09:15 AM. The ninety day time from for the government to comply with the order with respect to Brady/Giglio identification/disclosure, previously extended for twenty-one days, shall be extended for an additional twenty-eight days.(Rivas, A)
September 17, 2010
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AMENDED ORDER as to Frederick Scott Salyer, signed by Senior Judge Lawrence K. Karlton on 9/17/10. The Court ORDERS that dft will be released on bail when the totality of cash and property bond has been tendered, and the conditions listed in this order will then go into effect.(Kastilahn, A)
September 21, 2010
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ORDER for 218 WAIVER of APPEARANCE, as to defendant Frederick Scott Salyer, signed by Senior Judge Lawrence K. Karlton on 9/20/2010. (Marciel, M)
November 9, 2010
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STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 11/8/10: Status Conference continued to 11/23/2010 at 09:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Excludable started as to Frederick Scott Salyer: T-4 Start: 11/9/10 Stop: 11/23/10. (Kaminski, H)
November 23, 2010
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RELATED CASE ORDER signed by Senior Judge Lawrence K. Karlton on 11/23/10 ORDERING actions 2:10-cv-2912 WBS, 2:10-CV-2913 FCD, AND 2:10-CV-2914 MCE are REASSIGNED to Judge Lawrence K. Karlton for all further proceedings; the caption on all documents filed in the reassigned cases shall now be known as 2:10-cv-2912, 2:10-cv-2913 LKK, and 2:10-cv-2914 LKK; IT IS FURTHER ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of these case to compensate for this reassignment. (Carlos, K)
December 2, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 12/1/10, GRANTING dft's 247 Request for Ext of Time to File Memorandum Replying to the Govt's Standing Argument re: motions to suppress evidence. (Kastilahn, A)
December 22, 2010
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ORDER re 252 Application to Temporarily Modify Conditions of Release as to Dft Frederick Scott Salyer, signed by Senior Judge Lawrence K. Karlton on 12/21/10. Dft is permitted to temporarily leave his residence on Christmas Day for dinner at the designated neighbor's residence, and for associated travel, at the discretion of and under the direction of Pre-Trial Services. While the dft is away from his residence, he will remain subject to electronic monitoring and must remain accessible at all times by telephone at the phone numbers provided to Pre-Trial Services. (Kastilahn, A)
December 23, 2010
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ORDER re preservation of notes by members of the prosecution team as to Frederick Scott Salyer signed by Magistrate Judge Gregory G. Hollows on 12/20/10. (Kaminski, H)
January 20, 2011
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RELATED CASE ORDER signed by Senior Judge Lawrence K. Karlton on 1/19/11 ORDERING that the action denominated 2:10-CV-3467 MCE is reassigned to Judge Lawrence K. Karlton for all further proceedings. Henceforth the caption on all documents filed in the reassigned case shall be shown as No. 2:10-CV-3467-LKK. IT IS FURTHER ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of cases to compensate for this reassignment. (Becknal, R)
January 28, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 01/27/11 GRANTING 261 Motion for Permission to Transfer Funds from Andorra to the U.S. (Williams, D)
February 7, 2011
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ORDER denying 144 Motion to Suppress as to Frederick Scott Salyer (1) signed by Senior Judge Lawrence K. Karlton on 2/7/11. (Matson, R)
February 17, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 02/17/11 ORDERING as to all recorded telephone calls made to attorneys other than Longoria, the governments motion 129 is DENIED and defendants motion 141 is GRANTED. The court refers the calls made to Longoria to the Magistrate Judge to determine whether they are attorney client communications. All documents and recordings will be provided directly to the Magistrate Judge, and shall not be filed in this case. Insofar as the Magistrate Judge determines that the calls are attorney client communications, the governments motion is DENIED and the defendants motion is GRANTED. Insofar as he determines that the calls are not attorney client communications, the governments motion is GRANTED and the defendants motion is DENIED. Only the calls that are not determined to be attorney client communications may be presented to or filed before this district court. This matter is referred to Magistrate Edmund F. Brennan. (CC: Magistrate Judge Edmund F. Brennan.) (Williams, D) Modified on 2/18/2011 (Williams, D).
February 18, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 2/18/11 as to Frederick Scott Salyer GRANTING 275 Application to temporarily modify conditions of pretrial release to attendtwo-day settlement conference. (Matson, R)
March 9, 2011
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ORDER as to Frederick Scott Salyer signed by Senior Judge Lawrence K. Karlton on 3/8/2011 ORDERING that the matter is REFERRED to Magistrate Judge Gregory G. Hollows for further hearing on the matter. The dft shall supply the magistrate judge with affidavits which support their contention. The magistrate judge shall recommend to the district court appropriate orders dealing with the asserted positions of the parties. (Zignago, K.)
March 10, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 3/10/2011 ORDERING 287 Hearing regarding discovery set for 3/30/2011 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows; declaration(s) shall be submitted on or before 3/18/2011; United States shall respond to the declaration(s) no later than 3/25/2011. (Reader, L)
March 11, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/10/11 as to Frederick Scott Salyer GRANTING 286 Proposed Order; the conditions of release requiring the defendant to remain in his residence in Pebble Beach, California, under electronic monitoring twenty-four hours a day, seven days a week, are hereby modified to permit the defendant to travel to Sacramento on March 18, 2011, stay overnight at a Sacramento hotel and return to his residence on March 19, 2011, for the purpose of attending a continued settlement conference in bankruptcy proceedings at the United States Courthouse. The defendant shall be accompanied by attorney Van Durrer who shall maintain custody and control over the defendant. While the defendant is away from his residence, he will remain subject to electronic monitoring, and further he shall be available to be contacted at any time by Pretrial Services. (Matson, R)
April 4, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 4/4/11 ORDERING that The Bank of the West may appear as amicus curiae to oppose defendant's motion to enjoin. Defendant's 283 motion to enjoin enforcement of state court referee's order regarding the transfer of funds from Andorra to the United States is DENIED. The court's 270 order granting defendant's motion forpermission to transfer funds from Andorra to the UnitedStates is AMENDED, as follows: The defendant, F. Scott Salyer, has moved for an order authorizing him to apply to the authorities in the country of Andorra for return to the United States of funds on deposit in that country to the bank account ofthe Trustee for his children's Trusts in the United States. The motion is made pursuant to Paragraph 9 of the amended Release Order, signed by this Court on September 17, 2010, which requires the defendant to seek permission of the Pretrial Services Office of the District Court for the Eastern District of California for "all financial transactions, including transferring of funds, purchase of property or assets, and liquidation of assets...." Pretrial Services has advised the defendant to seek the required permission from this Court because of the amount of the funds for which he seeks authority to transfer. Upon consideration of the parties' briefs and oral argument on defendant's motion to enjoin the state court referee, the court hereby ORDERS as follows: Paragraph 9 of the release order dated September 23, 2010, shall not bar the defendant from repatriating assets currently located in Andorra, provided such transaction is otherwise lawful. Nothing in this order is intended to interfere in any way with or to suggest the proper resolution of the dispute between Salyer and Bank of the West in the state court proceedings or in any potential Bankruptcy Court proceedings. (D. Duong)
April 18, 2011
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FINDINGS and RECOMMENDATIONS as to Frederick Scott Salyer, signed by Magistrate Judge Gregory G. Hollows on 4/18/11, RECOMMENDING that the court need not delay resolution of the various suppression motions due to the volume of discovery in this case; the government (prosecution) not be compelled to create, or share in the cost of creating, a common data base; if Salyer desires to do so, he be permitted to file ex parte, within thirty days of any district judge order adopting this recommendation, a CJA request for services in which he details his financial need for such, and the necessity for such with respect to preparation of an effective defense; and that trial be scheduled for late 2011 or early 2012. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any reply to the objections shall be served and filed within seven days after service of the objections.(Kastilahn, A)
April 21, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 04/21/11 ORDERING that dft's 304 Application is GRANTED; dft Salyer's conditions of release are MODIFIED to permit the dft to temporarily leave his residence on Easter Sunday, 04/24/11, for dinner at the designated neighbor's residence, and for associated travel, at the discretion of and under the direction of Pre-Trial Services. While the defendant is away from his residence, he will remain subject to electronic monitoring and must remain accessible at all times by telephone at the phone numbers provided to Pre-Trial Services. (Benson, A.)
May 12, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 5/12/11 ORDERING that the 303 findings are adopted in full. The court shall hold a status conference on May 18, 2011 at 10:00 a.m. to resolve the various scheduling issues addressed in the recommendations and to determine whether defendant may be permitted to file a CJA request for services.(Duong, D)
June 16, 2011
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ORDER as to Frederick Scott Salyer signed by Senior Judge Lawrence K. Karlton on 6/15/11: Defendant F. Scott Salyer's Request to Seal Documents relating to the representation of Mr. Salyer is GRANTED, and the Clerk is ordered to file under seal the Request to Seal Documents and Pages 1 - 15 of the submitted Documents to be Sealed. (Kaminski, H)
June 20, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 6/17/11, ORDERING that the hearing on defendant Salyer's motion 313 is VACATED. Defendant is instructed to notice his motion before Magistrate Judge Hollows. (Kastilahn, A) Modified on 6/20/2011 (Kastilahn, A).
June 30, 2011
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ORDER MODIFYING THE CONDITIONS OF DEFENDANT'S PRETRIAL RELEASE, signed by Senior Judge Lawrence K. Karlton on 6/29/11. (Kastilahn, A)
July 14, 2011
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ORDER as to Frederick Scott Salyer signed by Senior Judge Lawrence K. Karlton on 07/13/11 ORDERING that the gov't file a motion to disqualify attorneys and/or file a second superseding indictment within 20 days. (Michel, G)
July 21, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 7/20/11 ORDERING that the hearing on MOTIONS to SUPPRESS 147, 151, 154 AND 157 and the MOTION FOR RECONSIDERATION 340 is CONTINUED to 8/24/2011 at 10:00 AM. Defendant's OPPOSITION to the goverment's MOTION to Disqualify 339 shall be filed on or before 7/18/11. The Goverment may file a reply in support of its MOTION on or before 8/3/11. (Mena-Sanchez, L)
July 29, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 7/28/11 ORDERING that the Government's deadline to respond to the Defendant's Motion to Reconsider is 8/17/11. The deadline to file a Second Superseding Indictment is EXTENDED to 8/17/2011. (Mena-Sanchez, L)
August 9, 2011
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RELATED CASE ORDER signed by Senior Judge Lawrence K. Karlton on 08/08/11 ORDERING that the following cases are RELATED: 2:10-CR-061 LKK, 2:11-CV-1839 GEB, 2:11-CV-01840 JAM, 2:11-CV-1841 KJM, 2:11-CV-1842 WBS, 2:11-CV-1845 GEB, 2:11-CV-1846 MCE, 2:11-CV-1847 KJM, 2:11-CV-1849 GEB, 2:11-CV-1850 JAM, 2:11-CV-1853 KJM and 2:11-CV-1855-MCE and are REASSIGNED to Senior Judge Lawrence K. Karlton for all further proceedings and all further pleadings shall reflect only LKK. (Benson, A.)
August 18, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 8/17/11 ORDERING that Mr Celio may seek an Order Protecting Confidential Information within 7 days of the date of this order. If no such request or Motion is timely filed, the Request for Lodging in camera and for sealing will be disregarded, and the Clerk will be directed to file the letter and accompanyng documents. (Mena-Sanchez, L)
August 19, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 8/19/2011 ORDERING 339 Motion to Disqualify KVN is DENIED. (Waggoner, D)
September 1, 2011
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ORDER signed by Judge Lawrence K. Karlton on 8/31/11 DENYING 340 Motion for Reconsideration and further ORDERS following motions: 151, 154, 157, and 147 Motions to Suppress Statements; Evidentiary Hearing Requested, for hearing on 9/22/11 at 10:00 a.m. (Meuleman, A)
September 12, 2011
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 9/12/11 RESCHEDULING Hearing re 151, 154, 157, and 147 MOTION to SUPPRESS for 9/23/2011 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton as to Frederick Scott Salyer. Excludable started: XT-4 Start: 9/12/11 Stop: 11/29/11. Additional Motions shall be filed on September 30, 2011; Oppositions due October 28, 2011; Any Reply due November 10, 2011; Motions will be heard on November 29, 2011. (Meuleman, A) Modified on 9/13/2011 (Meuleman, A).
September 13, 2011
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RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 9/13/11 ORDERING the action denominated 11-CV-2369 JAM is REASSIGNED to Senior Judge Lawrence K. Karlton for all further proceedings; Henceforth, the caption on documents filed in the reassigned case shall be shown as 11-CV-2369 LKK; and the Clerk shall make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Matson, R)
September 27, 2011
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ORDER REGARDING COMPUTATION signed by Judge Lawrence K. Karlton on 9/26/2011 re time under the speedy trial act ORDERING On 7/20/2010, the Defendant filed his Motions to Suppress. (Dkt. Nos. 141-170). This automatically tolled time under the STA. 18:3161(h)(1)(D). Most of those motions are still pending and time is still excluded. (Reader, L)
September 29, 2011
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ORDER as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on 9/28/11: The conditions of release are hereby modified to permit the defendant to attend the two upcoming state court proceedings. (Kaminski, H)
October 3, 2011
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 9/30/2011 ORDERING 386 Defendant's opening brief shall be filed on 10/14/2011; The government's opposition brief shall be filed on 10/28/2011, and Defendant's reply brief shall be filed on 11/4/2011. (Reader, L)
October 27, 2011
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ORDER as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on 10/26/2011 MODIFYING Conditions of Pretrial Release. The Dft. is permitted to attend the hearing on 11/16/2011 at 9:00 A.M. before Judge Susan Matcham in the Superior Court of California, County of Monterey. (Michel, G)
November 3, 2011
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ORDER as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on 11/2/11: The court orders the government's Exhibits C - J filed under seal until the case is finally disposed of. (Kaminski, H)
November 10, 2011
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ORDER signed by Judge Lawrence K. Karlton on 11/09/11 ORDERING that Frederick Scott Salyer's 434 Notice of Request to Seal Documents is GRANTED. The Clerk is ordered to file under seal the submitted Request to File Application Under Seal, and Defendant's Unopposed Application to Temporarily Modify Conditions of Pretrial Release. The documents shall remain under seal unless and until this Court orders otherwise. (Benson, A.)
November 10, 2011
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ORDER as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on 11/09/11 ORDERING that the conditions of release requiring the defendant to remain in his residence in Pebble Beach, California, under electronic monitoring twenty-four hours a day, seven days a week, are hereby modified to permit the defendant to attend Thanksgiving and Christmas dinners at the residences identified in Defendant's sealed Application, along with associated travel at the discretion of and under the direction of Pre-Trial Services. While the defendant is away from his residence, he will remain subject to electronic monitoring and be available to Pretrial Services at all times at the telephone numbers provided. (Benson, A.)
December 1, 2011
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ORDER as to Frederick Scott Salyer, signed by Judge Lawrence K. Karlton on 12/1/11 ORDERING that the government shall inform defendant of any and all Rule 404(b) evidence it intends to tender at trial, not later than 1/15/12. (Kastilahn, A)
December 2, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 12/2/2011 ORDERING that with the exception of further identification of regulation violations, Salyer's 389 motion for a bill of particulars is DENIED. The identification of regulations violated by mislabeling quality control documents shall be made within twenty-one (21) days of the filed date of this order. (Zignago, K.)
December 12, 2011
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ORDER as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on 12/12/11: Defendant's motion to sever the antitrust counts is GRANTED. Hearing set for 12/20/2011 at 09:15 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton for scheduling of the second trial. (Kaminski, H)
December 16, 2011
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ORDER EXCLUDING TIME as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on 12/15/11 ORDERING the time between 09/23/11-04/17/12 is EXCLUDED under the Speedy Trial Act. (Benson, A.)
January 9, 2012
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ORDER EXCLUDING TIME as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on 1/9/12: Excludable T-4 Start: 12/21/11 Stop: 9/11/12. (Kaminski, H)
January 12, 2012
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ORDER signed by Judge Lawrence K. Karlton on 1/11/2012 ORDERING Defendant has failed to show that the government was not entitled to the wiretaps and extensions it sought. ACCORDINGLY 154 Defendant's motion to suppress the wiretap evidence is DENIED as to Frederick Scott Salyer. (Reader, L)
February 10, 2012
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ORDER signed by Judge Lawrence K. Karlton on 2/9/12 as to Frederick Scott Salyer DENYING 151 MOTION to SUPPRESS and 157 MOTION to SUPPRESS filed by Frederick Scott Salyer. (Meuleman, A)
February 15, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/15/2012 as to Frederick Scott Salyer ORDERING that the Court finds that calls 633220K0.v10, 723220U5.v10, 753220UR.v10,753Y10RY.v10, and 753Y10RZ.v10 are protected by attorney client privilege. However, because the predominate purpose of all of the other calls between Salyer and Longoria was to engage in personal phone converations and not to seek legal advice from Longoria, Salyer has not met his burden of establishing that those calls, or the communications therein, are protected by attorney client privilege. Therefore, as stated in the district judge's order with regard to calls 633220K0.v10,723220U5.v10, 753220UR.v10, 753Y10RY.v10, and 753Y10RZ.v10, the government's 129 Motion is DENIED and Salyer's 141 Motion is GRANTED. With regard to all of the other calls, the government's motion is GRANTED and Salyer's Motion is DENIED; accordingly, effective 14 days from the date of this order, Government may listen to those recordings. IT IS FURTHER ORDERED that defendant's letter brief addressing the claim of attorney client privilege, submitted in camera on 10/24/2011, shall be docketed but the letter is ORDERED SEALED. (Waggoner, D)
February 29, 2012
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 02/29/12 ORDERING that Salyer will file his opposition to Morning Star's 463 Motion to Quash on 03/02/12 and Morning Star will file its reply in support of the motion on 03/09/12; Salyer will file his opposition to the United States' 464 Motion for Rule 49(c) Notice on 03/05/12, and the United States will file its reply on 03/09/12; the United States will file its motion for reciprocal discovery on 03/02/12; Salyer will file his opposition to that motion on 03/09/12; and the United States will file its reply on 03/14/12. The hearing on all three Motions will be held 03/16/12 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Should the Court deny Morning Star's motion to quash in whole or in part, the return date for the Subpoenas shall be set for 10 court days from the Court's issuance of its written order; Salyer also agrees that he will not seek any additional Rule 17 orders for early return unless the orders are filed on ECF. (Benson, A.)
March 8, 2012
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ORDER as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on 3/7/12 ORDERING Defendant to serve the government with all such orders, no later than seven days from the date of this order. (Mena-Sanchez, L)
March 12, 2012
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STIPULATION and ORDER 473 signed by Judge Lawrence K. Karlton on 3/9/2012 ORDERING the Court's Scheduling Order Extended to allow Defendant to file a Motion to Dismiss by 3/23/2012. The United States shall file any Opposition by 4/6/2012, and any Reply shall be filed by 4/13/2012. The Hearing on any such motion shall be noticed for the same date as the hearing on any motions in limine. (Krueger, M)
March 29, 2012
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RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 3/29/2012 ORDERING that case 2:12-cv-0775 JAM is RELATED to this action and REASSIGNED to Senior District Judge Lawrence K. Karlton for all further matters. (Donati, J)
March 30, 2012
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RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 3/29/12 ORDERING that this case be related to case number 2:12-CV-669 MCE and that the related case be reassigned to Judge Lawrence K. Karlton for all further proceedings. The caption on documents filed in the reassigned case shall be shown as Civ. No. 2:12-cv-669 LKK. The Clerk shall make the appropriate adjustments in the case assignment. (Meuleman, A)
April 5, 2012
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ORDER as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on 4/5/2012 GRANTING 483 Request to Seal Documents. (Krueger, M)
April 13, 2012
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RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 4/13/2012 Related case(s) with; 2:10-CR-61 LKK, 2:10-CV-810 LKK, 2:12-CV-669 LKK, 2:12-CV-775 LKK; REASSIGNING CASE(s) 2:12-CV-655 GEB and 2:12-CV-894 JAM to Judge Lawrence K. Karlton for all further proceedings. New Case Numbers: 2:12-CV-655 LKK, 2:12-CV-894 LKK. (Reader, L)
April 27, 2012
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ORDER as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on 4/26/2012 ORDERING Defendant's Pretrial Services Officer to file its recommendation re 489 Application to Modify Conditions of Pretrial Release within 10 days. Opposition due 15 days thereafter. Defendant's Response due 10 days later. (Michel, G)
May 2, 2012
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ORDER signed by Judge Lawrence K. Karlton on 5/1/2012 ORDERING Examination of the case(s) 2:10-CR-61 LKK, 2:11-CV-1840 LKK, 2:11-CV-1841 LKK, 2:11-CV-1842 LKK and 2:10-CV-3467 LKK, that case 2:12-CV-940 JAM is not related to the other cases, in the sense contemplated by E.D. Cal. R. 123(c), as this case is a collateral matter not apparently related to the issues involved in the other cases. The court therefore DECLINES to relate them. (Reader, L)
May 2, 2012
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RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 5/1/12 ORDERING that the case denominated Civ No. 12-923 GEB is REASSIGNED to Senior Judge Lawrence K. Karlton for all further proceedings. The caption on documents filed in the REASSIGNED case shall be shown as 2:12-cv-923 LKK. The Clerk shall make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Mena-Sanchez, L)
May 24, 2012
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ORDER signed by Judge Lawrence K. Karlton on 5/23/12 ORDERING that Defendant's Motion to alter the terms of Pretrial Release is DENIED (Mena-Sanchez, L)
June 5, 2012
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RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 6/4/12 ORDERING that the case denominated Civ. No. 2:12-cv-1311-JAM is REASSIGNED to Senior Judge Lawrence K. Karlton for all further proceedings. Henceforth, the caption on documents filed in the reassigned case shall be shown as Civ. No. 2:12-cv-1311-LKK. (Kastilahn, A)
June 5, 2012
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RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 6/4/12 ORDERING that this case be related to case number 2:12-cv-1308 JAM and that the related case be REASSIGNED to Judge Lawrence K. Karlton for all further proceedings. The Clerk shall make the appropriate adjustments in the case assignment. (Meuleman, A)
September 27, 2012
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PRELIMINARY ORDER OF FORFEITURE as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on 9/27/12. (Matson, R)
October 17, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/2012 as to Frederick Scott Salyer ORDERING that on or before October 31, 2012, Ms. Salyer shall file a supplemental brief addressing (1) the basis for this courts jurisdiction to grant the requested relief, and (2) the reasons why each of the four specific requests for relief is necessary and supported by proper legal authority. Any response to Ms. Salyers brief shall be filed on or before November 7, 2012. (Waggoner, D)
November 15, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/15/12 as to Frederick Scott Salyer GRANTING 503 Motion for Reconveyance of Deeds of Trust filed by Lynne Salyer; Accordingly, the clerk of court is directed to request full reconveyance of the three deeds of trust at issue herein (Monterey County, California, Recorders Document numbers 2010017263, 2010017264 and 2010017265). (Matson, R)
November 20, 2012
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ORDER granting 511 REQUEST to Seal Documents as to Frederick Scott Salyer (1) signed by Judge Lawrence K. Karlton on 11/19/12. (Kaminski, H)
December 14, 2012
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ORDER signed by Judge Lawrence K. Karlton on December 14, 2012 GRANTING 521 Request to Seal Documents as to Frederick Scott Salyer. (Rivas, A)
December 18, 2012
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STIPULATION and ORDER 522 to continue Briefing Schedule signed by Judge Lawrence K. Karlton on 12/8/2012. Hearing regarding Petition for Adjudication of validity of interest in property by Bank of Montreal is RE-SCHEDULED for 2/26/2013 at 9:15 AM in Courtroom 4 (LKK). Extension of Briefing schedule and Ancillary Hearing has no impact on Judgment and Sentencing currently set for 1/8/2013 at 9:15 AM. The ancillary proceeding is not a part of Sentencing. (Marciel, M)
January 29, 2013
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ORDER signed by Judge Lawrence K. Karlton on 1/29/2013. Court is in receipt of defendants 5366 Request to file under seal F. Scott Salyer's Sentencing Memorandum and Objections to Presentence Report, as well as Declaration of Paven Malhotra, and accompanying exhibits. The Sacramento Bee's Opposition contains a Request to Intervene in this case for limited purpose of opposing the 536 Request. Sacramento Bee's Request is GRANTED. Court does not believe that oral argument would be useful and accordingly, DENIES defendants Request for Oral Argument. Upon review of 536 Request to Seal, Oppositions and Reply, 536 Request is DENIED. Defendant's documents submitted for sealing will not become a part of docket nor be considered for any purpose. If defendant wishes to submit public Objections to Presentence Report, he shall do so no later than 2/5/2013 at 4:30 PM. Judgment and Sentencing, as to Frederick Scott Salyer, is CONTINUED to 2/15/2013 at 10:00 AM in Courtroom 4 (LKK). (Marciel, M)
February 5, 2013
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 2/4/13 ORDERING that the United States' response to the petition is EXTENDED to 3/15/2013, and the ancillary hearing is CONTINUED to 4/9/2013 at 09:15 AM.(Mena-Sanchez, L)
February 14, 2013
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JUDGMENT and COMMITMENT as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on February 14, 2013. (Rivas, A)
February 22, 2013
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RELATED CASE ORDER as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on 2/21/2013 ORDERING that this case be related to 2:13-cv-00237 JAM CKD; REASSIGNING the related case to Judge Lawrence K. Karlton for all further proceedings; DIRECTING the Clerk of Court to make the appropriate adjustment in the assignment of civil cases. (Michel, G) Modified on 2/25/2013 (Michel, G).
March 14, 2013
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AMENDED JUDGMENT and COMMITMENT as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on March 14, 2013. (Rivas, A)
March 18, 2013
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STIPULATION and ORDER as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on 3/15/13: Modification to the conditions of pretrial release is APPROVED. (Kaminski, H)
March 26, 2013
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ORDER as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on 3/25/13: Discovery Cutoff 6/3/13, Dispositive Motions shall be filed by 7/5/2013. (Kaminski, H)
April 1, 2013
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ORDER signed by Judge Lawrence K. Karlton on 3/29/13 as to Frederick Scott Salyer VACATING 569 Amended Judgment and Commitment with respect to the restitution only; and REFERRING to Magistrate Judge Dale A. Drozd for consideration of the matter and the submission back to this court of Findings and Recommendations of 555 Request for Restitution. (Meuleman, A)
April 4, 2013
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ORDER signed by Judge Lawrence K. Karlton on 4/3/2013 ORDERING that the defendant's 590 Motion to Delay Surrender is DENIED. (Zignago, K.)
April 19, 2013
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ORDER as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on 4/18/13: The court hereby CLARIFIES that all requests for restitution in this case are referred to the Magistrate Judge. The Motion To Exonerate (ECF No. 598) is hereby REFERRED to Magistrate Judge Dale A. Drozd. (Kaminski, H)
May 8, 2013
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ORDER signed by Judge Lawrence K. Karlton on May 7, 2013 as to Frederick Scott Salyer re 615. The motion to dismiss 571 is DENIED. (Rivas, A)
May 8, 2013
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ORDER signed by Judge Lawrence K. Karlton on May 7, 2013 as to Petitioners Stefanie Gallegly and Caroline Salyer, individually and as beneficiaries of the SAS 1999 Trust and the CGS 1999 Trust, and Petitioner Robert Pruett, in his Capacity as Trustee of the SAS 1999 Trust and the CGS 1999 Trust re 616. The United States and Petitioners are authorized to conduct discovery pursuant to FRCP 32.2(c)(1)(B). Discovery cutoff is set for 08/05/2013; Last day to file dispositive motions set for 09/06/2013; Ancillary Hearing set for 10/8/2013 at 09:15 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Rivas, A)
June 7, 2013
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STIPULATION AND ORDER signed by Judge Lawrence K. Karlton on June 7, 2013 as to Petitioners Bank of Montreal, Stefanie A. Gallegly and Caroline G. Sayler, individually and as beneficiaries of the Caroline G. Salyer and Stanie A. Gallegly Irrevocable Trust dated 03/29/1999, and Robert Pruett, trustee of the Caroline G. Salyer and Stefanie A. Gallegly Irrevocable Trusts dated 03/29/1999 re 620. The parties' stipulation re new briefing schedule is GRANTED: Discovery cutoff is CONTINUED to 09/03/2013; Last day to file dispositive motions is CONTINUED to 10/03/2013; Ancillary Hearing is set for to 11/13/2013 at 09:15 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Rivas, A)
June 17, 2013
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ORDER signed by Judge Lawrence K. Karlton on 6/14/13 ORDERING that the case denominated Civ. No. 2:13-cv-522 JAM is REASSIGNED to Senior Judge Lawrence K. Karlton for all further proceedings. The Caption on documents filed in the REASSIGNED case shall be shown as Civ. No. 2:13-cv-522 LKK. The Clerk shall make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Mena-Sanchez, L)
July 30, 2013
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ORDER signed by Judge Lawrence K. Karlton on 7/29/13 ORDERING the case denominated Civ. No. 2:13-cv-1363-MCE is REASSIGNED to Senior Judge Lawrence K. Karlton for all further proceedings. Henceforth, the caption on documents filed in the reassigned case shall be shown as Civ. No. 2:13-cv-1363-LKK. The Clerk of the Court make shall make appropriate adjustments in the assignment of civil cases to compensate for this reassignment. (Becknal, R)
August 6, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 8/6/2013 GRANTING-IN-PART 598 Motion to Exonerate Bond as to Frederick Scott Salyer (1). The 208 Appearance Bond is EXONERATED. The clerk is DIRECTED to return defendant Salyer's passport and Federal Aviation Commercial Pilot Proficiency Case to the defendant or his attorneys. The clerk is further DIRECTED to RECONVEY the real property posted as collateral at dockets 221, 222, 223, 224, 226, and 227. (Donati, J)
September 5, 2013
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STIPULATION AND ORDER signed by Judge Lawrence K. Karlton on September 3, 2013 re Petitioners Bank of Montreal, Stefanie A. Gallegly and Caroline G. Sayler, individually and as beneficiaries of the Caroline G. Salyer and Stanie A. Gallegly Irrevocable Trust dated 03/29/1999, and Robert Pruett, trustee of the Caroline G. Salyer and Stefanie A. Gallegly Irrevocable Trusts dated 03/29/1999 re 636. The parties' stipulation re new briefing schedule is GRANTED: Discovery cutoff is CONTINUED to 01/08/2014; Last day to file dispositive motions is CONTINUED to 02/12/2014; Ancillary Hearing is set for to 03/18/2014 at 09:15 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Rivas, A)
January 9, 2014
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 1/8/14 ORDERING that Discovery cutoff is SET for 3/14/2014. Last day to file dispositive Motions SET for 4/18/2014; and Ancillary Hearing SET for 5/20/2014 at 09:15 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Mena-Sanchez, L)
January 29, 2014
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ORDER as to Frederick Scott Salyer signed by Magistrate Judge Dale A. Drozd on 1/28/14: 643 Request to Seal Document(s) is denied at this time without prejudice.(Kaminski, H)
January 29, 2014
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ORDER as to Frederick Scott Salyer signed by Magistrate Judge Dale A. Drozd on 1/28/14: 645 Request to Seal Document(s) is granted. (Kaminski, H)
February 3, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 2/3/2014 as to Frederick Scott Salyer RECOMMENDING 598 MOTION to EXONERATE BOND and for Reconveyance of Real Property be granted; and 600 MOTION For Turnover of Property Subject to Judgment Creditor's Lien be denied; and Clerk be directed to return the sum of $300,000, depositied as bail to partially secure the defendant's release, to the Linda Salyer Lee Revocable Trust; Matter referred to Senior Judge Lawrence K. Karlton; Any party may file objections to these findings and recommendations within 14 days after being served; parties are advised the failure to file objections within the specified time may waived the right to appeal the District Court's order. (Waggoner, D)
March 21, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 3/20/14 ORDERING that Morning Star's renewed request to seal 656 is GRANTED. The Clerk shall file under seal the declaration of Chris Rufer and the exhibits in support of that declaration. Access to the declaration of Chris Rufer and the exhibits in support of that declaration shall be restricted to counsel of record for the government and counsel of record for defendant Salyer only. (Kastilahn, A)
March 26, 2014
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ORDER signed by Judge Lawrence K. Karlton on 3/26/2014 ORDERING that the 655 Findings and Recommendations are ADOPTED IN FULL. Defendant's 598 Motion to Exonerate Bond with respect to the $300,000 cash bail is GRANTED. The Bank of Montreal's 600 Motion for Turnover of Property Subject to Judgment Creditor's Lien is DENIED. The Clerk of the Court is directed to return the sum of $300,000, deposited as bail to partially secure the defendant's release, to the Linda Salyer Lee Revocable Trust. (cc: Financial) (Zignago, K.)
April 16, 2014
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STIPULATION AND ORDER signed by Judge Lawrence K. Karlton on April 16, 2014 as to Petitioners Bank of Montreal, Stefanie A. Gallegly and Caroline G. Sayler, individually and as beneficiaries of the Caroline G. Salyer and Stefanie A. Gallegly Irrevocable Trust dated 03/29/1999, and Robert Pruett, trustee of the Caroline G. Salyer and Stefanie A. Gallegly Irrevocable Trusts dated 03/29/1999 re 664. The parties' stipulation re new briefing schedule is GRANTED: last day to file dispositive Motion is CONTINUED TO 05/16/2014; Ancillary Motion Hearing is CONTINUED TO 6/17/2014 at 09:15 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Rivas, A)
June 16, 2014
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STIPULATION and FINAL ORDER OF FORFEITURE as to Frederick Scott Salyer signed by Judge Lawrence K. Karlton on 6/13/14. (Kaminski, H)
November 1, 2015
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FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 11/1/2015 as to Frederick Scott Salyer RECOMMENDING that no restitution order be entered against Defendants Jennifer Lou Dahlman, Steven James King; RECOMMENDING that no further restitution order be entered as to Defendant Robert C. Turner; RECOMMENDING that Defendant James Wahl, Jr. be ordered to pay restitution to Frito-Lay in the amount of $160,219.00; RECOMMENDING that the court find that the calculation of any other restitution orders would involve complex issues of fact related to the cause and amount of the victims' losses which would complicate and prolong the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process; RECOMMENDING that no additional award of restitution be entered; REFERRING this matter to Judge Troy L. Nunley; ORDERING that any objections be filed and served within fourteen days after being served with these Findings and Recommendations. (Michel, G.)
March 31, 2016
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ORDER signed by District Judge Troy L. Nunley on 3/30/2016 ADOPTING IN FULL 682 Findings and Recommendations; ORDERING no restitution against Defendants Jennifer Lou Dahlman and Steven James King; ORDERING no further restitution against Defendant Robert C. Turner; ORDERING Defendant James Wahl, Jr. to pay restitution to Frito-Lay in the amount of $160,219.00; FINDING that the calculation of any other restitution orders would involve complex issues of fact and that the need to provide restitution to any victim is outweighed by the burden on the sentencing process; DECLINING to enter any additional award of restitution. (Michel, G.)