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11-123 - Baranski v. United States of America


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11-123 - Baranski v. United States of America
April 26, 2011
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on of the instant action., Attorney U. S. Attorney - Criminal for United States of America added. Signed by Honorable Charles A. Shaw on 4/26/2011. (NCL)MEMORANDUM AND ORDER IT IS HEREBY ORDERED that on the Court's own motion, the $350 filing fee shall be returned to petitioner Keith Byron Baranski, and petitioner is absolved from the requirement to obtain service of process on the respondent under Federal Rule of Civil Procedure 4. IT IS FURTHER ORDERED that the Clerk of Court shall refund petitioner's $350 filing fee, payable directly to petitioner Keith Byron Baranski, at P. O. Box 11, Brownsville, Ohio 43721. IT IS FURTHER ORDERED that, similar to the procedure used in § 2255 cases, the Clerk of Court shall enter the Office of the United States Attorney on the docket in this matter such that the United States Attorney will receive notificati
February 9, 2012
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Rosenblum, Schwartz, Rogers, & Glass P.C. shall produce a privilege log that details the nature of each document or communication responsive to Baranski's supboena, without revealing information that is itself privileged, that is sufficient to MEMORANDUM & ORDER: IT IS HEREBY ORDERED that the Court reserves ruling on non-party Rosenblum, Schwartz, Rogers, & Glass, P.C.'s Motion to Quash Keith Byron Baranski's Subpoena of November 26, 2011. IT IS FURTHER ORDERED thatenable Baranski and the Court to assess the validity of the privilege claim as to each document or communication. The privilege log shall be produced within fourteen (14) days of this order. Response to Court due by 2/23/2012. Signed by Honorable Charles A. Shaw on 2/9/2012. (KSM)
March 5, 2012
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ORDER: IT IS HEREBY ORDERED that non-party movant Rosenblum, Schwartz, Rogers & Glass, P.C. shall file a certificate of service no later than March 6, 2012, stating that Document 43 has been served on petitioner by means other than CM/ECF. IT IS FURTHER ORDERED that petitioners Motion to Unseal Response Docket No. 43 and for Attorneys Fees is DENIED as to the motion to unseal Document 43. [Doc. 44]. IT IS FURTHER ORDERED that petitioners Motion to Unseal Response Docket No. 43 and for Attorneys Fees remains pending as to the issue of attorneys fees. [Doc. 44]. Response to Court due by 3/6/2012. Signed by Honorable Charles A. Shaw on 3/5/2012. (KSM)
May 25, 2012
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner Baranski's first Motion for Attorney's Fees is GRANTED, and that movant Rosenblum, Schwartz, Rogers, and Glass, P.C., shall pay the sum of One Thousand Seven Hundred Sixteen Dollars ($1,716.00) to attorney Saeid Shafizadeh, and the sum of One Hundred Eighty Dollars ($180.00) to attorney Richard Gardiner, within ten (10) days of the date of this Order, and file a Notice with the Court stating that it has done so. [Doc. 44] IT IS FURTHER ORDERED that petitioner Baranski's second Motion for Attorney's Fees is DENIED. [Doc. 54] Signed by Honorable Charles A. Shaw on 5/25/2012. (KSM)
February 27, 2013
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that petitioner Baranskis Motion to Release Pre-Trial Services and U.S. Probation Office Records of James M. Carmi is GRANTED as set forth herein. [Doc. 94]IT IS FURTHER ORDERED that the U.S. Pretrial Services Office and U.S. Probation Office for the Eastern District of Missouri shall, by March 6, 2013, produce and deliver to thechambers of the undersigned all records in their possession related to James M. Carmi that concern, or arguably or potentially may concern: 1) an agreement by James M. Carmi to cooperate with the government; 2) a reduction in sentence for Carmi pursuant to U.S.S.G. § 5K1.1 or Rule 35; 3) perjury by Carmi; 4) suborning of perjury by Carmi; or 5) employment, potential employment, or attempted employment of Carmi by the United States as a confidential informant.The foregoing includes documents prepared by, and sent to, Susan McGuire, William Brown, or any other therapist who has treated Carmi. IT IS FURTHER ORDERED that the Clerk of the Court shall transmit a copy of this Memorandum and Order to the Chief Pretrial Services Officer and the Chief Probation Officer of this Court. IT IS FURTHER ORDERED that the U.S. Pretrial Services Office and U.S. Probation Office may each provide the Court, along with the requested documents, an ex parte written statement detailing any information they believe should be redacted from specific documents if the Court determines, following in camera review, that the documents should be produced. Any such written statement shall include the reasons underlying each proposed redaction. ( Response to Court due by 3/6/2013.) Signed by District Judge Charles A. Shaw on 2/27/13. (JWJ)
December 5, 2013
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner Baranskis Motion for Leave of Court to Filein Pro Se Capacity the Amended Verified Petition for Writ of Error Coram Nobis is DENIED.[Doc. 120]IT IS FURTHER ORDERED that petitioner Baranskis Motion for Leave of Court to Filean Amended Verified Petition for Writ of Error Coram Nobis is DENIED. [Doc. 121]IT IS FURTHER ORDERED that the Clerk of the Court shall retain the proposed amended petition and all exhibits thereto until Monday, January 6, 2014. If Mr. Baranski wishes to have these documents returned to him, he must contact the Clerk and provide return postage costs, or pick up the pleading, prior to that date. After January 6, 2014, the Clerk shall discard the proposed amended petition and exhibits by shredding them, without further order of the Court. Signed by District Judge Charles A. Shaw on 12/5/2013. (RAK)
June 17, 2014
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Motion to Quash Deposition Subpoena of Raoul Williams, filed by movants United States Probation Office for the Eastern District of Missouri and Raoul Williams, is DENIED. [Doc. 129] IT IS FURTHER ORDERED that former U. S. Probation Officer Mr. Raoul Williams shall appear for deposition in this matter and answer petitioner's questions on the topics set forth in the Touhy statement attached to the deposition subpoena previously issued to him. Signed by District Judge Charles A. Shaw on 6/17/2014. (NCL)
August 4, 2014
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the government's Motion to Continue Stay of Discovery and to Continue Filing of Joint Memorandum is DENIED as to a further stay of discovery and GRANTED as to a continuance for the filing of a joint memorandum. [Doc. 147] IT IS FURTHER ORDERED that petitioner's Motion to Continue Filing of Joint Memorandum is GRANTED. [Doc. 151] Signed by District Judge Charles A. Shaw on 8/4/14. (KXS)
October 7, 2014
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MEMORANDUM AND ORDER.......IT IS HEREBY ORDERED that the United States' Motion to Dismiss is GRANTED in part and DENIED in part; the motion to dismiss for failure to state a claim upon which relief can be granted is GRANTED; the motion to dismiss for abuse of the writ is GRANTED as to the claims in Counts III, IV, VII, VIII and IX and the portions of Count X based on Counts III, IV, VII, VIII and IX, and DENIED in all other respects. {Doc. 146] IT IS FURTHER ORDERED that petitioner's Motion for Leave to file a third amended petition for writ of error coram nobis is GRANTED, but petitioner shall omit from his amended petition those claims which the Court has held constitute abuse of the writ or are second or successive. [Doc. 169] IT IS FURTHER ORDERED that the third amended petition for writ of error coram nobis shall be filed by October 22, 2014. IT IS FURTHER ORDERED that by November 3, 2014 the parties shall file a joint memorandum setting forth proposed deadlines for the close of discovery, for the filing of any dispositive motions, and proposed dates for the evidentiary hearing. An appropriate order of partial dismissal will accompany this Memorandum and Order. ( Response to Court due by 10/22/2014.). Signed by District Judge Charles A. Shaw on 10/7/2014. (MRC)
December 19, 2014
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MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that petitioner Baranski's Motion to Compel is GRANTED to the extent that the ATF's St. Louis Field Office III shall conduct a thorough review of all documents and records within its control to determine if any documents or records exist that are responsive to petitioner's subpoena duces tecum and the list of sixty-five items attached to petitioner's Motion to Compel, in accordance with this Memorandum and Order. Any such documents or records shall be produced within thirty (30) days of this date of this Order. [Doc. 157] IT IS FURTHER ORDERED that to the extent the ATF's St. Louis Field Office III claimsthat any otherwise responsive documents or records are subject to privilege, including the documents and records ATF-STL has previously identified as privileged, it shall file a privilege log in accordance with Rule 45(d)(2)(A) within thirty days of the date of this Order, or the Court will deem any privilege waived. IT IS FURTHER ORDERED that petitioner Baranski's Motion for Sanctions, construed as a motion for contempt under Rule 45(g), is DENIED without prejudice. [Doc. 157] Signed by District Judge Charles A. Shaw on 12/19/2014. (MRC)
June 3, 2015
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the government has waived any privileges associated with the documents listed on its privilege log, Government Exhibit I. IT IS FURTHER ORDERED that as to Documents 2, 4, 32, 36-38, 42, 43-49, and 55-58 listed on Government Exhibit I, petitioner shall (1) either return all copies of these documents to the U.S. Attorneys Office, or destroy them; (2) take reasonable steps to retrieve any copies of the documents that petitioner provided to anyone else; and (3) not use or disclose any information gained from these documents for any purpose. IT IS FURTHER ORDERED that within ten (10) days of the date of this Order, petitioner shall file a notice with the Court, signed under penalty of perjury, that details his compliance with the foregoing order. IT IS FURTHER ORDERED that the government shall submit a proposed protective order with respect to disclosure of the ATF Kansas City confidential informant file on James Carmi within ten (10) days of the date of this Order, and shall attempt to obtain petitioner's approval of the form of the proposed order prior to submitting it to the Court. IT IS FURTHER ORDERED that the government shall produce the confidential informant file on James Carmi to petitioner within five (5) days of the issuance of a protective order. Signed by District Judge Charles A. Shaw on 6/3/15. (KXS)
July 21, 2015
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ORDER -..IT IS HEREBY ORDERED that the parties shall mark pages 84-86 of the transcript of ATF Agent Michael Johnsons transcript as Privileged Subject to Protective Order. IT IS FURTHER ORDERED that petitioner shall provide a copy of this Order to Midwest Litigation Services (MLS), the court reporting service that transcribed ATF Agent Michael Johnsons deposition taken September 16, 2014, and direct MLS to (1) mark pages 84-86 of Agent Johnsons deposition transcript (in each format in which MLS retains the transcript) as Privileged Subject to Protective Order; (2) return to petitioners counsel for destruction any physical copies of Protected Document No. 32 (marked as Exhibit 11 to Agent Johnsons deposition) that MLS may have; and (3) delete or destroy any digital copies MLS may have of Protected Document No. 32 (marked as Exhibit 11 to Agent Johnsons deposition). Petitioners counsel shall file a declaration within fourteen (14) days of the date of this Order that details his compliance with this paragraph. IT IS FURTHER ORDERED that if either party determines that any other deposition transcript in this case mentions a Protected Document or information gained therefrom, or that a Protected Document was marked as an exhibit to a deposition, counsel for that party shall immediately provide a copy of this Order to the court reporting service that transcribed the deposition and direct it to comply with the terms of the foregoing paragraph as to the transcript pages and/or Protected Documents at issue. Counsel shall file a declaration with the Court that details compliance with this Order within fourteen (14) days of providing the Order to the court reporting service. IT IS FURTHER ORDERED that petitioner shall comply with the terms of this Order and the Memorandum and Order of June 3, 2015, with respect to any Protected Documents that are in his possession or come into his possession, from whatever source. IT IS FURTHER ORDERED that all persons or entities to whom a copy of this Order is delivered shall comply with its terms and shall refrain from any disclosure or use of the informationthey have gained as a result of disclosure to them of the Protected Documents. Response to Court due by 8/4/2015.. Signed by District Judge Charles A. Shaw on 7/21/2015. (MRC)
November 18, 2015
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ORDER -{see Order for complete details}...IT IS HEREBY ORDERED that for all future filings under seal, petitioner shall comply fully with the Courts Administrative Procedures, and shall contemporaneously serve a copy of sealed documents or motions to opposing counsel by means other than electronic notice through CM/ECF.. Signed by District Judge Charles A. Shaw on 11/18/2015. (MRC)
November 30, 2015
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MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that petitioner's Motion to Strike is DENIED. [Doc. 268] IT IS FURTHER ORDERED that petitioner's Motion for Leave to File Surresponse is DENIED for failure to state why additional briefing is needed and because the Court finds the surresponse was filed in an attempt to avoid the Court's prior orders. [Doc. 269] IT IS FURTHER ORDERED that petitioner's Motion for Leave to File in Excess of Page Limitation and Motion for Leave to File Surresponse Under Seal are DENIED as moot. [Doc. 270, 271] IT IS FURTHER ORDERED that the Clerk of the Court shall delete from the record petitioner's Surresponse and all attachments thereto, filed under seal. [Doc. 272]. Signed by District Judge Charles A. Shaw on 11/30/2015. (MRC)
March 31, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Counts I, II, III and V of petitioner Keith Byron Baranski's Third Verified Amended Petition for Writ of Error Coram Nobis are DISMISSED. [Doc. 187] IT IS FURTHER ORDERED that Count IV of petitioner Keith Byron Baranski's Third Verified Amended Petition for Writ of Error Coram Nobis is DISMISSED, having been withdrawn. IT IS FURTHER ORDERED that the United States of America's motion for summary judgment is DENIED as moot. [Doc. 237] An appropriate Order of Dismissal will accompany this Memorandum and Order. Signed by District Judge Charles A. Shaw on 3/31/16. (JWD)
July 19, 2016
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MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that petitioner Keith Byron Baranski's Motion to Amend Findings and Alter or Amend the Judgment of Dismissal, or For New Trial is DENIED in all respects. [Doc. 326] Signed by District Judge Charles A. Shaw on 7/19/2016. (MRC)