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09-10166 - USA v. DiMasi et al


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09-10166 - USA v. DiMasi et al
August 5, 2009
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Chief Judge Mark L. Wolf: MEMORANDUM and ORDER entered. Accordingly, it is hereby ORDERED that:1. The redacted versions of the Motion and documents relating to it that are listed on Exhibit A hereto shall be unsealed. 2. Future filings concerning the Motion may be made under seal in an effort to protect P.A.'s identity, with redacted copies filed for the public record, or public filings may be madereferring to the private attorney only as P.A. 3. Unless otherwise ordered, future proceedings concerning the Motion shall be open to the public. 4. A hearing to address the pending discovery dispute concerning the Motion and related matters shall be held on August 7, 2009, at 2:00 p.m. (O'Leary, Dennis)Chief Judge Mark L. Wolf: MEMORANDUM and ORDER entered. Accordingly, it is hereby ORDERED that:1. The redacted versions of the Motion and documents relating to it that are listed on Exhibit A hereto shall be unsealed. 2. Future filings concerning the Motion may be made under seal in an effort to protect P.A.'s identity, with redacted copies filed for the public record, or public filings may be madereferring to the private attorney only as P.A. 3. Unless otherwise ordered, future proceedings concerning the Motion shall be open to the public. 4. A hearing to address the pending discovery dispute concerning the Motion and related matters shall be held on August 7, 2009, at 2:00 p.m. (O'Leary, Dennis)Chief Judge Mark L. Wolf: MEMORANDUM and ORDER entered. Accordingly, it is hereby ORDERED that:1. The redacted versions of the Motion and documents relating to it that are listed on Exhibit A hereto shall be unsealed. 2. Future filings concerning the Motion may be made under seal in an effort to protect P.A.'s identity, with redacted copies filed for the public record, or public filings may be madereferring to the private attorney only as P.A. 3. Unless otherwise ordered, future proceedings concerning the Motion shall be open to the public. 4. A hearing to address the pending discovery dispute concerning the Motion and related matters shall be held on August 7, 2009, at 2:00 p.m. (O'Leary, Dennis)Chief Judge Mark L. Wolf: MEMORANDUM and ORDER entered. Accordingly, it is hereby ORDERED that:1. The redacted versions of the Motion and documents relating to it that are listed on Exhibit A hereto shall be unsealed. 2. Future filings concerning the Motion may be made under seal in an effort to protect P.A.'s identity, with redacted copies filed for the public record, or public filings may be madereferring to the private attorney only as P.A. 3. Unless otherwise ordered, future proceedings concerning the Motion shall be open to the public. 4. A hearing to address the pending discovery dispute concerning the Motion and related matters shall be held on August 7, 2009, at 2:00 p.m. (O'Leary, Dennis)
December 29, 2009
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Chief Judge Mark L. Wolf: ORDER entered granting 174 Sealed Motion as to Richard D. Vitale (4) 1. The government's Motion to File Affidavit Ex Parte and Under Seal (Docket No. 174) is ALLOWED without prejudice to possible reconsideration. 2. The government shall, by January 6, 2010, serve on defendants DiMasi and Vitale, and file, redacted versions of the Motion to File Affidavit Ex Parte and Under Seal, the affidavit, and the exhibits to the affidavit. See Rule 7.1(C) of the Local Rules of the United States District Court for the District of Massachusetts. The redacted version of the documents may be filed, at least temporarily, under seal if the government asserts that there is a proper basis for their impoundment. Defendants DiMasi and Vitale shall, by January 20, 2010, respond to the Motion to File Affidavit Ex Parte and Under Seal. 3. The government shall, by January 27, 2010, file any reply. (Boyce, Kathy) Chief Judge Mark L. Wolf: ORDER entered granting 174 Sealed Motion as to Richard D. Vitale (4) 1. The government's Motion to File Affidavit Ex Parte and Under Seal (Docket No. 174) is ALLOWED without prejudice to possible reconsideration. 2. The government shall, by January 6, 2010, serve on defendants DiMasi and Vitale, and file, redacted versions of the Motion to File Affidavit Ex Parte and Under Seal, the affidavit, and the exhibits to the affidavit. See Rule 7.1(C) of the Local Rules of the United States District Court for the District of Massachusetts. The redacted version of the documents may be filed, at least temporarily, under seal if the government asserts that there is a proper basis for their impoundment. Defendants DiMasi and Vitale shall, by January 20, 2010, respond to the Motion to File Affidavit Ex Parte and Under Seal. 3. The government shall, by January 27, 2010, file any reply. (Boyce, Kathy) Chief Judge Mark L. Wolf: ORDER entered granting 174 Sealed Motion as to Richard D. Vitale (4) 1. The government's Motion to File Affidavit Ex Parte and Under Seal (Docket No. 174) is ALLOWED without prejudice to possible reconsideration. 2. The government shall, by January 6, 2010, serve on defendants DiMasi and Vitale, and file, redacted versions of the Motion to File Affidavit Ex Parte and Under Seal, the affidavit, and the exhibits to the affidavit. See Rule 7.1(C) of the Local Rules of the United States District Court for the District of Massachusetts. The redacted version of the documents may be filed, at least temporarily, under seal if the government asserts that there is a proper basis for their impoundment. Defendants DiMasi and Vitale shall, by January 20, 2010, respond to the Motion to File Affidavit Ex Parte and Under Seal. 3. The government shall, by January 27, 2010, file any reply. (Boyce, Kathy) Chief Judge Mark L. Wolf: ORDER entered granting 174 Sealed Motion as to Richard D. Vitale (4) 1. The government's Motion to File Affidavit Ex Parte and Under Seal (Docket No. 174) is ALLOWED without prejudice to possible reconsideration. 2. The government shall, by January 6, 2010, serve on defendants DiMasi and Vitale, and file, redacted versions of the Motion to File Affidavit Ex Parte and Under Seal, the affidavit, and the exhibits to the affidavit. See Rule 7.1(C) of the Local Rules of the United States District Court for the District of Massachusetts. The redacted version of the documents may be filed, at least temporarily, under seal if the government asserts that there is a proper basis for their impoundment. Defendants DiMasi and Vitale shall, by January 20, 2010, respond to the Motion to File Affidavit Ex Parte and Under Seal. 3. The government shall, by January 27, 2010, file any reply. (Boyce, Kathy)
March 9, 2010
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Chief Judge Mark L. Wolf: MEMORANDUM AND ORDER entered as to Salvatore F. DiMasi, Joseph P. Lally, Jr, Richard W. McDonough, Richard D. Vitale. Accordingly, it is hereby ORDERED that: 1. The Motion to File Affidavit Ex Parte and Under Seal (Docket No. 174) is DENIED. However this motion and the appended affidavit and exhibits will remain on the docket ex parte and under seal solely for the purpose of ensuring that the record of this proceeding is complete. 2. When deciding the defendants' Motion to Dismiss the Superseding Indictment for Abuse of the Grand Jury (Docket No. 137) the court will rely only on information available to thedefendants. At present, that information includes the contents of the Redacted Merritt Affidavit (Docket No. 189). By March 11, 2010, at 5:00 p.m., the government shall report either that it intends to supplement the Redacted Merritt Affidavit with additional information which will be served on the defendants forthwith or that no additional information will be provided to thedefendants. (O'Leary, Dennis)Chief Judge Mark L. Wolf: MEMORANDUM AND ORDER entered as to Salvatore F. DiMasi, Joseph P. Lally, Jr, Richard W. McDonough, Richard D. Vitale. Accordingly, it is hereby ORDERED that: 1. The Motion to File Affidavit Ex Parte and Under Seal (Docket No. 174) is DENIED. However this motion and the appended affidavit and exhibits will remain on the docket ex parte and under seal solely for the purpose of ensuring that the record of this proceeding is complete. 2. When deciding the defendants' Motion to Dismiss the Superseding Indictment for Abuse of the Grand Jury (Docket No. 137) the court will rely only on information available to thedefendants. At present, that information includes the contents of the Redacted Merritt Affidavit (Docket No. 189). By March 11, 2010, at 5:00 p.m., the government shall report either that it intends to supplement the Redacted Merritt Affidavit with additional information which will be served on the defendants forthwith or that no additional information will be provided to thedefendants. (O'Leary, Dennis)Chief Judge Mark L. Wolf: MEMORANDUM AND ORDER entered as to Salvatore F. DiMasi, Joseph P. Lally, Jr, Richard W. McDonough, Richard D. Vitale. Accordingly, it is hereby ORDERED that: 1. The Motion to File Affidavit Ex Parte and Under Seal (Docket No. 174) is DENIED. However this motion and the appended affidavit and exhibits will remain on the docket ex parte and under seal solely for the purpose of ensuring that the record of this proceeding is complete. 2. When deciding the defendants' Motion to Dismiss the Superseding Indictment for Abuse of the Grand Jury (Docket No. 137) the court will rely only on information available to thedefendants. At present, that information includes the contents of the Redacted Merritt Affidavit (Docket No. 189). By March 11, 2010, at 5:00 p.m., the government shall report either that it intends to supplement the Redacted Merritt Affidavit with additional information which will be served on the defendants forthwith or that no additional information will be provided to thedefendants. (O'Leary, Dennis)Chief Judge Mark L. Wolf: MEMORANDUM AND ORDER entered as to Salvatore F. DiMasi, Joseph P. Lally, Jr, Richard W. McDonough, Richard D. Vitale. Accordingly, it is hereby ORDERED that: 1. The Motion to File Affidavit Ex Parte and Under Seal (Docket No. 174) is DENIED. However this motion and the appended affidavit and exhibits will remain on the docket ex parte and under seal solely for the purpose of ensuring that the record of this proceeding is complete. 2. When deciding the defendants' Motion to Dismiss the Superseding Indictment for Abuse of the Grand Jury (Docket No. 137) the court will rely only on information available to thedefendants. At present, that information includes the contents of the Redacted Merritt Affidavit (Docket No. 189). By March 11, 2010, at 5:00 p.m., the government shall report either that it intends to supplement the Redacted Merritt Affidavit with additional information which will be served on the defendants forthwith or that no additional information will be provided to thedefendants. (O'Leary, Dennis)
February 4, 2011
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Chief Judge Mark L. Wolf: MEMORANDUM AND ORDER entered denying 249 Motion to Dismiss as to Salvatore F. DiMasi (1); denying 244 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 254 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 126 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 140 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 141 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 134 Motion to Dismiss as to Richard W. McDonough (3); denying 246 Motion to Strike as to Richard D. Vitale (4); granting in part and denying in part 247 Motion for Bill of Particulars as to Richard D. Vitale (4); granting 264 Motion to Amend as to Richard D. Vitale (4); denying 284 Motion to Strike as to Richard D. Vitale (4); denying 284 Motion to Dismiss as to Richard D. Vitale (4); dismissing 147 Motion to Dismiss as to Richard D. Vitale (4)....Hearings on pretrial motions and other matters will commence on April 13, 2011, at 9:00 a.m., and, if necessary, continue day to day until April 25, 2011. This schedule may be modified at the March 9, 2011 pretrial conference. (Boyce, Kathy) Chief Judge Mark L. Wolf: MEMORANDUM AND ORDER entered denying 249 Motion to Dismiss as to Salvatore F. DiMasi (1); denying 244 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 254 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 126 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 140 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 141 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 134 Motion to Dismiss as to Richard W. McDonough (3); denying 246 Motion to Strike as to Richard D. Vitale (4); granting in part and denying in part 247 Motion for Bill of Particulars as to Richard D. Vitale (4); granting 264 Motion to Amend as to Richard D. Vitale (4); denying 284 Motion to Strike as to Richard D. Vitale (4); denying 284 Motion to Dismiss as to Richard D. Vitale (4); dismissing 147 Motion to Dismiss as to Richard D. Vitale (4)....Hearings on pretrial motions and other matters will commence on April 13, 2011, at 9:00 a.m., and, if necessary, continue day to day until April 25, 2011. This schedule may be modified at the March 9, 2011 pretrial conference. (Boyce, Kathy) Chief Judge Mark L. Wolf: MEMORANDUM AND ORDER entered denying 249 Motion to Dismiss as to Salvatore F. DiMasi (1); denying 244 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 254 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 126 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 140 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 141 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 134 Motion to Dismiss as to Richard W. McDonough (3); denying 246 Motion to Strike as to Richard D. Vitale (4); granting in part and denying in part 247 Motion for Bill of Particulars as to Richard D. Vitale (4); granting 264 Motion to Amend as to Richard D. Vitale (4); denying 284 Motion to Strike as to Richard D. Vitale (4); denying 284 Motion to Dismiss as to Richard D. Vitale (4); dismissing 147 Motion to Dismiss as to Richard D. Vitale (4)....Hearings on pretrial motions and other matters will commence on April 13, 2011, at 9:00 a.m., and, if necessary, continue day to day until April 25, 2011. This schedule may be modified at the March 9, 2011 pretrial conference. (Boyce, Kathy) Chief Judge Mark L. Wolf: MEMORANDUM AND ORDER entered denying 249 Motion to Dismiss as to Salvatore F. DiMasi (1); denying 244 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 254 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 126 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 140 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 141 Motion to Dismiss as to Joseph P. Lally Jr. (2); denying 134 Motion to Dismiss as to Richard W. McDonough (3); denying 246 Motion to Strike as to Richard D. Vitale (4); granting in part and denying in part 247 Motion for Bill of Particulars as to Richard D. Vitale (4); granting 264 Motion to Amend as to Richard D. Vitale (4); denying 284 Motion to Strike as to Richard D. Vitale (4); denying 284 Motion to Dismiss as to Richard D. Vitale (4); dismissing 147 Motion to Dismiss as to Richard D. Vitale (4)....Hearings on pretrial motions and other matters will commence on April 13, 2011, at 9:00 a.m., and, if necessary, continue day to day until April 25, 2011. This schedule may be modified at the March 9, 2011 pretrial conference. (Boyce, Kathy)
March 16, 2011
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Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough, Richard D. Vitale re 328 MOTION to Vacate MOTION to Intervene, Modify or Vacate Protective Order MOTION to Unseal Document filed by Globe Newspaper Company, Inc. In view of the foregoing, it is hereby ORDERED that the Motionto Intervene (Docket No. 328) is ALLOWED to the extent that thecourt is unsealing the Second Redacted Merritt Affidavit withslight additional redactions. In all other respects, the Motion toIntervene is DENIED. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough, Richard D. Vitale re 328 MOTION to Vacate MOTION to Intervene, Modify or Vacate Protective Order MOTION to Unseal Document filed by Globe Newspaper Company, Inc. In view of the foregoing, it is hereby ORDERED that the Motionto Intervene (Docket No. 328) is ALLOWED to the extent that thecourt is unsealing the Second Redacted Merritt Affidavit withslight additional redactions. In all other respects, the Motion toIntervene is DENIED. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough, Richard D. Vitale re 328 MOTION to Vacate MOTION to Intervene, Modify or Vacate Protective Order MOTION to Unseal Document filed by Globe Newspaper Company, Inc. In view of the foregoing, it is hereby ORDERED that the Motionto Intervene (Docket No. 328) is ALLOWED to the extent that thecourt is unsealing the Second Redacted Merritt Affidavit withslight additional redactions. In all other respects, the Motion toIntervene is DENIED. (Hohler, Daniel)
March 16, 2011
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Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough, Richard D. Vitale re 328 MOTION to Vacate MOTION to Intervene, Modify or Vacate Protective Order MOTION to Unseal Document filed by Globe Newspaper Company, Inc. Pursuant to the March 16, 2011 Memorandum and Order concerningthe Boston Globe's Motion to Intervene (Docket No. 328) theattached redacted affidavit of Assistant United States Attorney S.Theodore Merritt is hereby made part of the public record of thiscase. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough, Richard D. Vitale re 328 MOTION to Vacate MOTION to Intervene, Modify or Vacate Protective Order MOTION to Unseal Document filed by Globe Newspaper Company, Inc. Pursuant to the March 16, 2011 Memorandum and Order concerningthe Boston Globe's Motion to Intervene (Docket No. 328) theattached redacted affidavit of Assistant United States Attorney S.Theodore Merritt is hereby made part of the public record of thiscase. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough, Richard D. Vitale re 328 MOTION to Vacate MOTION to Intervene, Modify or Vacate Protective Order MOTION to Unseal Document filed by Globe Newspaper Company, Inc. Pursuant to the March 16, 2011 Memorandum and Order concerningthe Boston Globe's Motion to Intervene (Docket No. 328) theattached redacted affidavit of Assistant United States Attorney S.Theodore Merritt is hereby made part of the public record of thiscase. (Hohler, Daniel)
April 5, 2011
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Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Joseph P. Lally, Jr, Richard W. McDonough, Richard D. Vitale re 428 Letter (non-motion). For the foregoing reasons, it is hereby ORDERED that Mr.Hiller's Request (Docket No. 428) is DENIED without prejudice. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Joseph P. Lally, Jr, Richard W. McDonough, Richard D. Vitale re 428 Letter (non-motion). For the foregoing reasons, it is hereby ORDERED that Mr.Hiller's Request (Docket No. 428) is DENIED without prejudice. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Joseph P. Lally, Jr, Richard W. McDonough, Richard D. Vitale re 428 Letter (non-motion). For the foregoing reasons, it is hereby ORDERED that Mr.Hiller's Request (Docket No. 428) is DENIED without prejudice. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Joseph P. Lally, Jr, Richard W. McDonough, Richard D. Vitale re 428 Letter (non-motion). For the foregoing reasons, it is hereby ORDERED that Mr.Hiller's Request (Docket No. 428) is DENIED without prejudice. (Hohler, Daniel)
May 9, 2011
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Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Joseph P. Lally, Jr, Richard W. McDonough, Richard D. Vitale re 494 MOTION for Reconsideration filed by Richard D. Vitale Accordingly, it is hereby ORDERED that:1. Decision on the Motion (Docket No. 494) is RESERVED and therevised subpoena remains outstanding.2. Lally shall preserve the e-mails subject to the revisedsubpoena and be prepared to produce some or all of them promptly ifordered to do so. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Joseph P. Lally, Jr, Richard W. McDonough, Richard D. Vitale re 494 MOTION for Reconsideration filed by Richard D. Vitale Accordingly, it is hereby ORDERED that:1. Decision on the Motion (Docket No. 494) is RESERVED and therevised subpoena remains outstanding.2. Lally shall preserve the e-mails subject to the revisedsubpoena and be prepared to produce some or all of them promptly ifordered to do so. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Joseph P. Lally, Jr, Richard W. McDonough, Richard D. Vitale re 494 MOTION for Reconsideration filed by Richard D. Vitale Accordingly, it is hereby ORDERED that:1. Decision on the Motion (Docket No. 494) is RESERVED and therevised subpoena remains outstanding.2. Lally shall preserve the e-mails subject to the revisedsubpoena and be prepared to produce some or all of them promptly ifordered to do so. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Joseph P. Lally, Jr, Richard W. McDonough, Richard D. Vitale re 494 MOTION for Reconsideration filed by Richard D. Vitale Accordingly, it is hereby ORDERED that:1. Decision on the Motion (Docket No. 494) is RESERVED and therevised subpoena remains outstanding.2. Lally shall preserve the e-mails subject to the revisedsubpoena and be prepared to produce some or all of them promptly ifordered to do so. (Hohler, Daniel)
June 15, 2011
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Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough, Richard D. Vitale re 595 Letter (non-motion).Accordingly, it is hereby ORDERED that:1. The Boston Globe's request for the names and addresses ofthe jurors (Docket No. 595) is ALLOWED.2. A list of the names and addresses of each juror shall bemade part of the public record in this case on June 16, 2011, at11:00 a.m. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough, Richard D. Vitale re 595 Letter (non-motion).Accordingly, it is hereby ORDERED that:1. The Boston Globe's request for the names and addresses ofthe jurors (Docket No. 595) is ALLOWED.2. A list of the names and addresses of each juror shall bemade part of the public record in this case on June 16, 2011, at11:00 a.m. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough, Richard D. Vitale re 595 Letter (non-motion).Accordingly, it is hereby ORDERED that:1. The Boston Globe's request for the names and addresses ofthe jurors (Docket No. 595) is ALLOWED.2. A list of the names and addresses of each juror shall bemade part of the public record in this case on June 16, 2011, at11:00 a.m. (Hohler, Daniel)
June 16, 2011
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Chief Judge Mark L. Wolf: MEMORANDUM AND ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough re 603 Joint MOTION to Continue Sentencing Hearing to September 8 or 9, 2011 filed by USA. Accordingly, it is hereby ORDERED that:1. The Joint Motion to Continue Sentencing (Docket No. 603)is ALLOWED. As requested by the parties, the sentencing of DiMasiand McDonough will commence on September 8, 2011, at 10:00 a.m.,and continue from day to day until concluded.2. The government shall, by June 28, 2011, inform Probation,defendants, and the court of what, if anything, it asserts isRelevant Conduct for the purpose of calculating the Guidelineranges for DiMasi and McDonough.3. The parties shall comply with the attached RevisedProcedural Orders Re: Sentencing. In their submissions toProbation, the parties shall address, among other things, theissues raised in this Memorandum.Any memorandum or other information the parties request beconsidered by the court shall be filed by August 24, 2011. Anyresponse to such submissions shall be filed by August 31, 2011. Intheir submissions, the parties shall state whether it is proposedthat any witnesses testify at the sentencing hearing and, if so,identify the witnesses, the subject of their proposed testimony,and its estimated length. Copies of such submissions shall beprovided to probation. (Hohler, Daniel)Chief Judge Mark L. Wolf: MEMORANDUM AND ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough re 603 Joint MOTION to Continue Sentencing Hearing to September 8 or 9, 2011 filed by USA. Accordingly, it is hereby ORDERED that:1. The Joint Motion to Continue Sentencing (Docket No. 603)is ALLOWED. As requested by the parties, the sentencing of DiMasiand McDonough will commence on September 8, 2011, at 10:00 a.m.,and continue from day to day until concluded.2. The government shall, by June 28, 2011, inform Probation,defendants, and the court of what, if anything, it asserts isRelevant Conduct for the purpose of calculating the Guidelineranges for DiMasi and McDonough.3. The parties shall comply with the attached RevisedProcedural Orders Re: Sentencing. In their submissions toProbation, the parties shall address, among other things, theissues raised in this Memorandum.Any memorandum or other information the parties request beconsidered by the court shall be filed by August 24, 2011. Anyresponse to such submissions shall be filed by August 31, 2011. Intheir submissions, the parties shall state whether it is proposedthat any witnesses testify at the sentencing hearing and, if so,identify the witnesses, the subject of their proposed testimony,and its estimated length. Copies of such submissions shall beprovided to probation. (Hohler, Daniel)
June 24, 2011
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Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough, Richard D. Vitale (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough, Richard D. Vitale (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough, Richard D. Vitale (Hohler, Daniel)
August 30, 2011
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Chief Judge Mark L. Wolf: ORDER entered as to Salvatore F. DiMasi, Richard W. McDonough re 609 MOTION for Acquittal filed by Salvatore F. DiMasi, 610 MOTION for Acquittal on All Counts or, Alternatively, for a New Trial and Incorporated Memorandum of Law filed by Richard W. McDonough. In view of the foregoing, the motions of DiMasi and McDonough for judgment of acquittal or, alternatively, for a new trial (Docket Nos. 609 and 610) are hereby DENIED. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered as to Salvatore F. DiMasi, Richard W. McDonough re 609 MOTION for Acquittal filed by Salvatore F. DiMasi, 610 MOTION for Acquittal on All Counts or, Alternatively, for a New Trial and Incorporated Memorandum of Law filed by Richard W. McDonough. In view of the foregoing, the motions of DiMasi and McDonough for judgment of acquittal or, alternatively, for a new trial (Docket Nos. 609 and 610) are hereby DENIED. (Hohler, Daniel)
September 2, 2011
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Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough. Accordingly, it is hereby ORDERED that the parties shall, by 12:00 noon on September 6, 2011, state whether they object to the letters being made part of the public record and, if so, state the basis for their objection(s). They may also submit redacted versions of letters for the court's consideration. Copies of the parties' submissions shall be provided to Probation. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough. Accordingly, it is hereby ORDERED that the parties shall, by 12:00 noon on September 6, 2011, state whether they object to the letters being made part of the public record and, if so, state the basis for their objection(s). They may also submit redacted versions of letters for the court's consideration. Copies of the parties' submissions shall be provided to Probation. (Hohler, Daniel)
September 7, 2011
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Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough. It is hereby ORDERED that the sentencing hearing will begin at 1:00 p.m., rather than 10:00 a.m., on September 8, 2011. The parties shall be prepared to address the numerous sentencing issues and defendants' motions to be released pending appeal. As there are many matters to be argued by the parties and decided by the court, it is likely that the sentences will be imposed and the motions decided on September 9, 2011. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough. It is hereby ORDERED that the sentencing hearing will begin at 1:00 p.m., rather than 10:00 a.m., on September 8, 2011. The parties shall be prepared to address the numerous sentencing issues and defendants' motions to be released pending appeal. As there are many matters to be argued by the parties and decided by the court, it is likely that the sentences will be imposed and the motions decided on September 9, 2011. (Hohler, Daniel)
September 16, 2011
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Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough re 659 Joint MOTION to Continue Hearing on Motion for Bail Pending Appeal to two weeks after receipt of transcripts to conduct hearing on bail pending appeal filed by Salvatore F. DiMasi. Accordingly, it is hereby ORDERED that the Motion (DocketNo. 659) is DENIED without prejudice to possible reconsideration at the September 23, 2011 hearing. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough re 659 Joint MOTION to Continue Hearing on Motion for Bail Pending Appeal to two weeks after receipt of transcripts to conduct hearing on bail pending appeal filed by Salvatore F. DiMasi. Accordingly, it is hereby ORDERED that the Motion (DocketNo. 659) is DENIED without prejudice to possible reconsideration at the September 23, 2011 hearing. (Hohler, Daniel)
September 23, 2011
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Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough. For the reasons described in detail in court on September 23, 2011, defendant Salvatore DiMasi's Motion for Bail Pending Appeal (Docket No. 632) and defendant Richard McDonough's Motion for Bail Pending Appeal (Docket No. 631) are hereby DENIED. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough. For the reasons described in detail in court on September 23, 2011, defendant Salvatore DiMasi's Motion for Bail Pending Appeal (Docket No. 632) and defendant Richard McDonough's Motion for Bail Pending Appeal (Docket No. 631) are hereby DENIED. (Hohler, Daniel)
October 11, 2011
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Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough. Accordingly, as previously ordered on September 23, 2011, defendants' motions for bail pending appeal are hereby DENIED. (Hohler, Daniel)Chief Judge Mark L. Wolf: ORDER entered. as to Salvatore F. DiMasi, Richard W. McDonough. Accordingly, as previously ordered on September 23, 2011, defendants' motions for bail pending appeal are hereby DENIED. (Hohler, Daniel)
March 11, 2012
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Chief Judge Mark L. Wolf: MEMORANDUM and ORDER entered denying 722 Motion as to Salvatore F. DiMasi (1). "Therefore, it is hereby ORDERED that Salvatore F. DiMasi's Motion for Recommendation to Remain in First Circuit Judicial District to Assist in Preparation of His Brief (Docket No. 722) is DENIED." (Hohler, Daniel)
October 19, 2016
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER (Hohler, Daniel) (Main Document 875 replaced on 10/19/2016) (Hohler, Daniel).
October 28, 2016
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER (Hohler, Daniel)
October 31, 2016
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER (Hohler, Daniel)
November 17, 2016
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER "In view of the foregoing, is hereby ORDERED that: 1. The Director of the Bureau of Prisons' Motion to Reduce Term of Imprisonment to Time Served (Docket No. 872) is ALLOWED. 2. An Amended Judgment consistent with this Memorandum shall enter. 3. If notified by the Probation Office for the District of Massachusetts that it has approved DiMasi's travel itinerary, the Bureau of Prisons shall release DiMasi, in North Carolina, to the custody of Deborah DiMasi on November 22, 2016, at 10:00 a.m. 4. Mr. and Mrs. DiMasi shall return to Massachusetts forthwith, proceed directly to their residence, and inform the Probation Office when they have arrived home." (Hohler, Daniel)
December 29, 2016
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER (Hohler, Daniel)
January 30, 2017
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Judge Mark L. Wolf: MEMORANDUM AND ORDER entered ALLOWING 922 Motion for Reconsideration as to Richard W. McDonough to the limited extent as described in the Memorandum and Order. See modified special conditions of Supervised Release in the Memorandum and Order. (Bono, Christine) Modified as to title only on 1/30/2017 (Bono, Christine).
March 31, 2017
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Judge Mark L. Wolf: ORDER entered denying without prejudice 925 Motion to Show Cause re Revocation of Supervised Release as to Salvatore F. DiMasi (1) (Bono, Christine)
May 22, 2017
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. (Attachments: # (1) Exhibit Doctor Letter) (Bono, Christine)
March 29, 2018
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Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. McDonough's Motion under 28 U.S.C. ยง2255 to Vacate, Set Aside, or Correct his Sentence (Docket No. 850) is DENIED. 2. A Certificate of Appealability is DENIED. 3. The United States' Motion for Order Regarding Waiver of Attorney-Client Privilege and for Extension of Time to File Response (Docket No. 857) is MOOT." ORDER entered denying 850 Motion to Vacate (2255) as to Richard W. McDonough (3); finding as moot 857 Motion for Order as to Richard W. McDonough (3) (Bono, Christine) Civil Case 1:15-cv-10220-MLW closed.