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12-171 - USA v. Mix


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12-171 - USA v. Mix
June 26, 2012
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ORDER AND REASONS as to Kurt Mix, GRANTING IN PART AND DENYING IN PART as set forth in document 26 MOTION for Protective Order to Allow for Immediate Disclosure and, if Necessary, Use at Trial of Exculpatory Information Not Currently in the Government's Possession.Signed by Judge Stanwood R. Duval, Jr on 6/26/2012. (my, )
December 11, 2012
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ORDER AND OPINION GRANTING IN PART 92 Motion for Brady Materials as to Kurt Mix (1)as set forth in document. Signed by Judge Stanwood R. Duval, Jr on 12/11/2012. (my, )
January 7, 2013
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ORDER AND OPINION DENYING 89 Motion in Limine to Introduce Evidence Of Defendant's Awareness That Law Enforcement Officials Sought To Interview Him as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 1/7/2013. (my, )
January 30, 2013
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ORDER AND OPINION DENYING 144 Motion in Limine to Admit Under Federal Rule of Evidence 801(d)(2) the Department of Justices Exculpatory Factual Assertions Confirming that Defendant Kurt Mix Personally Preserved and Produced the Smoking Gun Documents That the Government Used in Charging BP PLC With Making False Statements Regarding Flow Rate as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 1/30/2013. (my, )
February 1, 2013
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ORDER AND OPINION GRANTING 173 Motion to Quash Subpoenas as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 2/1/2013. (my, )
February 26, 2013
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ORDER AND OPINION GRANTING 196 Motion to Amend/Correct 65 Protective Order as to Kurt Mix (1). FURTHER ORDERED that the Protective Order entered on 6/26/2012 (Doc. 65) is hereby amended to permit defendant Kurt E. Mix to disclose the exculpatory privileged information (EPI) identified in that Protective Order ONLY to counsel for the United States in this proceeding, including the supervisory attorneys for the Department of Justice in this proceeding.Signed by Judge Stanwood R. Duval, Jr on 2/26/2013. (my, )
April 12, 2013
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ORDER and OPINION denying 213 Motion to Preclude Proposed Expert Testimony as to Kurt Mix (1). However, the Court will require defendant Kurt Mix to make additional disclosures as to the testimony of Terry Payne and Dr. David Cummings, as detailed hereinafter, if defendant Kurt Mix intends to have those witnesses express expert opinions on the matters specified herein.Signed by Judge Stanwood R. Duval, Jr on 4/12/2013. (my, )
May 2, 2013
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ORDER and OPINION GRANTING 253 Motion in Limine to Preclude the Government From Introducing Evidence Regarding Defendant's Retention of Personal Legal Counsel as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 5/2/2013. (my, )
May 2, 2013
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ORDER and OPINION GRANTING 259 Motion in Limine to Preclude the Government From Referring to BP's Supposed Suspension of His Employmentas to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 5/2/2013. (my, )
May 2, 2013
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ORDER and OPINION GRANTING 248 Motion in Limine to Exclude Improper Argument andReferences to Alleged Prosecutorial Misconduct and to Exclude Improper Argument and References to Prosecutorial Discretion and Potential Sentences as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 5/2/2013. (my, )
May 3, 2013
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ORDER and OPINION GRANTING 211 Motion to Compel Production of Unredacted Document as to Kurt Mix (1). Defendant is ordered to inform BP that it should produce to the United States an unredacted version of the email chain not later than 5/8/2013.Signed by Judge Stanwood R. Duval, Jr on 5/3/2013. (my, )
May 3, 2013
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ORDER and OPINION GRANTING IN PART AND DENYING IN PART 212 Motion to Compel Production of Unredacted Documents and Attorney Notes as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 5/3/2013. (my, )
May 7, 2013
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ORDER and OPINION GRANTING IN PART AND DENYING IN PART 251 Motion in Limine to Preclude the Government From Referring to the 11 Deaths That Resulted From the Deepwater Horizon's Explosion, any Pre-Spill Misconduct on the Part of BP, the Size of the Oil Spill, or BP's Guilty Plea as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 5/7/2013. (my, )
May 14, 2013
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ORDER AND OPINION GRANTING IN PART AND DENYING IN PART 255 Motion in Limine to Preclude the Government from Improperly Relying Upon the BP Litigation Hold Notices as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 5/14/2013. (my, )
May 14, 2013
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ORDER AND OPINION GRANTING 250 Motion in Limine to Preclude the Government from Referring to the Drop in BP's Stock Priceas to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 5/14/2013. (my, )
May 14, 2013
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ORDER AND OPINION DENYING 247 Motion in Limine to Allow the Government to Make Responsive Arguments as to Kurt Mix (1); GRANTING 254 Motion in Limine to Preclude the Government From Referencing his Supposed 'Refusal to be Interviewed' by Prosecutors as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 5/14/2013. (my, )
May 16, 2013
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**WITHDRAWN PER REC DOC 393**ORDER AND OPINION DENYING 214 Motion in Limine to Preclude the Government from Making Reference at Trial to the 17 Unrecovered Text Messages as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 5/16/2013. (my, ) Modified on 5/17/2013 (my, ).
June 6, 2013
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**WITHDRAWN PER REC DOC 469**ORDER & OPINION: granting in part and denying in part 258 Motion in Limine Preclude References to Unrecovered Voicemails, and for an Order Compelling Disclosure of the Grand Jury Transcripts file by Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 6/6/2013. (gbw, ) (Additional attachment(s) added on 6/6/2013: # (1) Sealed Transcript, # (2) Sealed Transcript) (gbw, ). Modified on 9/6/2013 (my, ).
July 18, 2013
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ORDER and OPINION DENYING 214 Motion in Limine to Preclude the Government from Making Reference at Trial to the 17 Unrecovered Text Messages as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 7/18/2013. (my, )
July 18, 2013
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ORDER and OPINION GRANTING IN PART AND DENYING IN PART 252 Motion in Limine to Exclude Evidence of the Alleged SEC Investigation as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 7/18/2013. (my, )
July 25, 2013
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ORDER and REASONS GRANTING IN PART AND DENYING IN PART 391 Motion to Quash Subpoena as to Kurt Mix (1).. Signed by Judge Stanwood R. Duval, Jr on 7/25/2013. (my, )
August 5, 2013
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ORDER AND OPINION GRANTING IN PART AND DENYING IN PART 384 Renewed Motion to Preclude Proposed Expert Testimony as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 8/5/2013. (my, )
August 23, 2013
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ORDER AND OPINION DENYING THE MOTION IN PART AND DEFERRING ITS RULING ON THE REMAINDER OF THE MOTION as to Kurt Mix re 257 MOTION for Disclosure of Evidence the Government Intends to Present Pursuant to Rule 404(b) as set forth in document. Signed by Judge Stanwood R. Duval, Jr on 8/23/2013. (my, )
September 5, 2013
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ORDER AND OPINION DENYING 261 Motion for Sanctions Pursuant to the Court's Supervisory Powers as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 9/5/2013. (my, )
September 6, 2013
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ORDER AND OPINION GRANTING IN PART AND DENYING IN PART 258 Motion in Limine to Preclude References to Unrecovered Voicemails, and for an Order Compelling Disclosure of the Grand Jury Transcripts. Signed by Judge Stanwood R. Duval, Jr on 9/6/2013. (my, ) (Additional attachment(s) added on 9/6/2013: # (1) Sealed Transcript, # (2) Sealed Transcript) (my, ).
September 19, 2013
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ORDER AND OPINION DENYING AS MOOT 257 Motion for Disclosure as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 9/19/2013. (my, )
September 25, 2013
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ORDER AND OPINION DENYING 439 Motion in Limine Preclude the Government From Introducing Evidence or Argument Concerning Defendant's Supposed State of Mind at Times Other Than 10/4/2010 and 8/20/2011 as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 9/25/2013. (my, )
October 10, 2013
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ORDER AND REASONS DENYING 449 Motion to Dismiss the Pending Indictments for Facial Insufficiency; DENYING 450 Motion to Dismiss Count Two of the Pending Indictments as Legally Insufficient; DENYING 456 Motion to Dismiss the Pending Indictments Due to Constitutional Defects in the Grand Jury Proceedings. Signed by Judge Stanwood R. Duval, Jr on 10/10/2013. (my, )
October 23, 2013
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ORDER AND REASONS: FINDING AS MOOT 480 Motion in Limine to Preclude the Government From Eliciting From Its Forensic Expert Undisclosed Opinions, Untimely and Inadequately Disclosed Hearsay, and Supposed Facts Regarding BP's Information Technology Network of Which There is No Evidence Kurt Mix was Aware ; DEFERRING 481 Motion in Limine to Preclude the Government from Eliciting Undisclosed, Unreliable and Irrelevant Opinion Testimony Regarding Flow Rate and Top Kill; FINDING AS MOOT, GRANTING IN PART AND DENYING IN PART, GRANTING, DEFERRING as outlined in document 482 Motion in Limine to Preclude the Government from Asking Fact Witnesses to Offer Lay Opinions on the Materiality of Mix's Text Messages, to Answer Hypothetical Questions About Flow Rate and Top Kill, or to Testify toFacts Beyond Their Personal Knowledge; DEFERRRING to trial 483 Motion in Limine to Preclude the Government From Eliciting Inadmissible Lay Opinion Testimony Regarding Statements Supposedly Made by Kurt Mix; GRANTING 484 Motion in Limine to Preclude the Government From Suggesting that Kurt Mix was a Target or the Focus of a Federal Investigation into the Macondo Incident; GRANTING 485 Motion in Limine to Preclude the Government From Referencing Any Alleged Text Message Deletions by Supervisor. Signed by Judge Stanwood R. Duval, Jr on 10/23/2013. (my, )
November 15, 2013
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**AMENDED PER REC DOC 675**ORDER AND REASON re 479 Motion in Limine to Preclude Supposed Other Bad Acts Evidence as to Kurt Mix (1). ORDERED that the Motion in Limine is DENIED as to the Government's use of a May 23, 2010 slide deck to allegedly demonstrate that Kurt Mix misled Government officials provided the Government lays a proper foundation as outlined above. ORDERED that the Motion in Limine is GRANTED with regard to the alleged failure of Mr. Mix to "raise the flow rate discrepancy" in the BP Control Room during Top Kill. ORDERED that the motion is DENIED with respect to Question Nos. 18 and 19 of Part III, and their answers contained in "BP Litigation Case Management Custodian Interview Questionnaire" and GRANTED with it argued as constituting proof of Mr. Mix providing false information with respect to his answer to Question 21 of Part III. FURTHER ORDERED that the Court defers ruling as to any other evidence to be elicited from Vendor Hoe as explained above. ORDERED that the motion is DENIED as to statements made by Mr. Mix to the Vendor with respect to the August 22, 2011, turnover meeting.Signed by Judge Stanwood R. Duval, Jr on 11/15/2013. (my, ) Modified on 12/11/2013 (my, ).
November 21, 2013
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ORDER AND REASONS granting in part and denying in part as outlined 573 Motion in Limine to Preclude the Government from Lodging Newly-Minted Insinuations of Uncharged "Kinkos Misconduct" as to Kurt Mix (1). FURTHER ORDERED that the Defendant's Objection to the Government's Demonstratives to be used during opening with respect to notations concerning Arabie shall beremoved as ordered above.Signed by Judge Stanwood R. Duval, Jr on 11/21/2013. (my, )
November 22, 2013
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ORDER AND REASONS denying 561 Motion in Limine to Preclude Improper Summary Evidence as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 11/22/2013. (my, )
December 11, 2013
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AMENDED ORDER and REASONS re 479 MOTION in Limine to Preclude Supposed Other Bad Acts Evidence filed by Kurt Mix. ORDERED that the Motion in Limine is DENIED as to the Government's use of a 5/23/2010 slide deck to allegedly demonstrate that Kurt Mix misled Government officials provided the Government lays a proper foundation as outlined above. ORDERED that the Motion in Limine is GRANTED with regard to the alleged failure of Mr. Mix to "raise the flow rate discrepancy" in the BP Control Room during Top Kill.ORDERED that the motion is GRANTED as to it being used to argue that it constitutes proof of Mr. Mix providing false information with respect to his answer to Question 21 of Part III. FURTHER ORDERED that the Court defers ruling as to any other evidence to be elicited from Vendor Hoe as explained above. ORDERED that the motion is DENIED as to statements made by Mr. Mix to the Vendor with respect to the 8/22/2011, turnover meeting.Signed by Judge Stanwood R. Duval, Jr on 12/11/2013. (my, ) (Main Document 675 replaced on 12/12/2013) (my, ). Modified on 12/12/2013 (my, ).
December 12, 2013
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ORDER AND REASONS: ORDERED that the United States' Motion to Compel Discovery 655 is MOOT. FURTHER ORDERED that the United States' Motion to Disclose Exhibits Previously Filed Ex Parte and Under Seal 656 is DENIED as to Exhibit A as it contains attorney work product and GRANTED as to Exhibits B-H as the Court has been apprised by email that these are public documents and do not contain any attorney work product.Signed by Judge Stanwood R. Duval, Jr on 12/12/2013. (my, )
February 13, 2014
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ORDER & REASONS denying 720 Motion for Recusal as to Kurt Mix (1). Signed by Judge Stanwood R. Duval, Jr on 2/13/2014. (Attachments: # (1) Exhibit A) (rll, ) (Main Document 748 replaced on 2/18/2014) (my, ).
June 12, 2014
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ORDER AND REASONS finding as MOOT 481 Motion in Limine to Preclude the Government from Eliciting Undisclosed, Unreliable, and Irrelevant Opinion Testimony Regarding Flow Rate and Top Kill; 483 Motion in Limine to Preclude the Government from Eliciting Inadmissible Lay Opinion Testimony Regarding Statements Supposedly Made by Kurt Mix, as all objections thereto have been ruled upon in the context of the trial of this matter. Signed by Judge Stanwood R. Duval, Jr on 6/12/2014. (my)
June 12, 2014
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ORDERED that Defendant's Rule 29 Motion for a Judgment of Acquittal (Doc. 710) is DENIED and Defendant's Motion for a Judgment of Acquital (sic) (Doc. 679) is DISMISSED as being superseded by Document 710. Signed by Judge Stanwood R. Duval, Jr. (gec)
June 12, 2014
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ORDERED that Defendant's Rule 33 Motion for a New Trial Due to Deficient Evidence and Various Trial Defects (Doc. 711) is DENIED. It is FURTHER ORDERED that the seventh line of the Order of December 10, 2013 (Doc. 672) be amended to read "thereof at Kinkos was outweighed by the prejudicial nature thereof. As a result, the Court ordered that it". Signed by Judge Stanwood R. Duval, Jr. (gec)
June 12, 2014
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ORDERED Kurt Mix's Rule 33 Motion for an Order Vacating the Jury's Verdict and Granting a New Trial Due to Juror Misconduct. (Doc. 706) is GRANTED. It is FURTHER ORDERED that the Order of January 14, 2014 (Doc. 717) and the Order of January 27, 2014 (Doc. 726) are hereby UNSEALED. Signed by Judge Stanwood R. Duval, Jr. (gec)
June 12, 2014
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ORDERED that Defendant's Motion and Incorporated Memorandum for a New Trial Pursuant to Federal Rule of Criminal Procedure 33 (Doc. 735) is DENIED. Signed by Judge Stanwood R. Duval, Jr. (gec)