Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

13-106 - USA v. Pierce et al


Download Files

Metadata

Document in Context
13-106 - USA v. Pierce et al
April 25, 2013
PDF | More
ORDER APPOINTING COUNSEL as to defendant Joshua Welch - Wesley S. Dodge is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
April 26, 2013
PDF | More
ORDER APPOINTING COUNSEL as to defendant Thomas Spencer - James J. Regan is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
May 7, 2013
PDF | More
ORDER - IT IS ORDERED: Pierce's motion for an extension of time to file pretrial motions is granted. Pierce shall have to on or before July 26, 2013, in which to file pretrial motions in accordance with the progression order. The additional time arising as a result of the granting of the motion, i.e., from May 6, 2013, and July 26, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to Russell Glenn Pierce. Ordered by Magistrate Judge Thomas D. Thalken. (Copy to defendants counsel)( TCL )
May 8, 2013
PDF | More
ORDER - This matter is before the court sua sponte. During the hearing on May 6, 2013, releasing defendant Russell Glenn Pierce (Pierce), the court announced Pierce would be subject to electronic monitoring in connection with his home confinement program. The actual written order (Filing No. 46) inadvertently indicated the home confinement program will not include electronic monitoring. The written order is in error as Pierce's home confinement program WILL INCLUDE electronic monitoring at Pierce's expense as to defendant Russell Glenn Pierce. IT IS SO ORDERED. Ordered by Magistrate Judge Thomas D. Thalken. (Copy to defendants counsel)(TCL )
May 22, 2013
PDF | More
ORDER APPOINTING COUNSEL as to defendant David William Peer - Glenn A. Shapiro is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
May 29, 2013
PDF | More
ORDER : Pretrial Motion Deadline set for 9/6/2013; Time under the Speedy Trial Act will be excluded from today until September 6, 2013 as to defendants Russell Glenn Pierce, David William Peer, Joshua Welch, Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)ORDER : Pretrial Motion Deadline set for 9/6/2013; Time under the Speedy Trial Act will be excluded from today until September 6, 2013 as to defendants Russell Glenn Pierce, David William Peer, Joshua Welch, Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)ORDER : Pretrial Motion Deadline set for 9/6/2013; Time under the Speedy Trial Act will be excluded from today until September 6, 2013 as to defendants Russell Glenn Pierce, David William Peer, Joshua Welch, Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)ORDER : Pretrial Motion Deadline set for 9/6/2013; Time under the Speedy Trial Act will be excluded from today until September 6, 2013 as to defendants Russell Glenn Pierce, David William Peer, Joshua Welch, Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
June 14, 2013
PDF | More
ORDER granting 67 SEALED MOTION as to Russell Glenn Pierce (1), David William Peer (2), John Doe # 3 (3), John Doe # 4 (4), John Doe # 5 (5), John Doe # 6 (6), Joshua Welch (7), and Thomas Spencer (8). The United States of America's Ex Parte Emergency Motion For Substitution of Redacted Indictments is granted. Ordered by Magistrate Judge Thomas D. Thalken. (E-mailed to counsel)(JAB) Modified on 6/17/2013 to unseal. (JAB)ORDER granting 67 SEALED MOTION as to Russell Glenn Pierce (1), David William Peer (2), John Doe # 3 (3), John Doe # 4 (4), John Doe # 5 (5), John Doe # 6 (6), Joshua Welch (7), and Thomas Spencer (8). The United States of America's Ex Parte Emergency Motion For Substitution of Redacted Indictments is granted. Ordered by Magistrate Judge Thomas D. Thalken. (E-mailed to counsel)(JAB) Modified on 6/17/2013 to unseal. (JAB)ORDER granting 67 SEALED MOTION as to Russell Glenn Pierce (1), David William Peer (2), John Doe # 3 (3), John Doe # 4 (4), John Doe # 5 (5), John Doe # 6 (6), Joshua Welch (7), and Thomas Spencer (8). The United States of America's Ex Parte Emergency Motion For Substitution of Redacted Indictments is granted. Ordered by Magistrate Judge Thomas D. Thalken. (E-mailed to counsel)(JAB) Modified on 6/17/2013 to unseal. (JAB)ORDER granting 67 SEALED MOTION as to Russell Glenn Pierce (1), David William Peer (2), John Doe # 3 (3), John Doe # 4 (4), John Doe # 5 (5), John Doe # 6 (6), Joshua Welch (7), and Thomas Spencer (8). The United States of America's Ex Parte Emergency Motion For Substitution of Redacted Indictments is granted. Ordered by Magistrate Judge Thomas D. Thalken. (E-mailed to counsel)(JAB) Modified on 6/17/2013 to unseal. (JAB)ORDER granting 67 SEALED MOTION as to Russell Glenn Pierce (1), David William Peer (2), John Doe # 3 (3), John Doe # 4 (4), John Doe # 5 (5), John Doe # 6 (6), Joshua Welch (7), and Thomas Spencer (8). The United States of America's Ex Parte Emergency Motion For Substitution of Redacted Indictments is granted. Ordered by Magistrate Judge Thomas D. Thalken. (E-mailed to counsel)(JAB) Modified on 6/17/2013 to unseal. (JAB)ORDER granting 67 SEALED MOTION as to Russell Glenn Pierce (1), David William Peer (2), John Doe # 3 (3), John Doe # 4 (4), John Doe # 5 (5), John Doe # 6 (6), Joshua Welch (7), and Thomas Spencer (8). The United States of America's Ex Parte Emergency Motion For Substitution of Redacted Indictments is granted. Ordered by Magistrate Judge Thomas D. Thalken. (E-mailed to counsel)(JAB) Modified on 6/17/2013 to unseal. (JAB)ORDER granting 67 SEALED MOTION as to Russell Glenn Pierce (1), David William Peer (2), John Doe # 3 (3), John Doe # 4 (4), John Doe # 5 (5), John Doe # 6 (6), Joshua Welch (7), and Thomas Spencer (8). The United States of America's Ex Parte Emergency Motion For Substitution of Redacted Indictments is granted. Ordered by Magistrate Judge Thomas D. Thalken. (E-mailed to counsel)(JAB) Modified on 6/17/2013 to unseal. (JAB)ORDER granting 67 SEALED MOTION as to Russell Glenn Pierce (1), David William Peer (2), John Doe # 3 (3), John Doe # 4 (4), John Doe # 5 (5), John Doe # 6 (6), Joshua Welch (7), and Thomas Spencer (8). The United States of America's Ex Parte Emergency Motion For Substitution of Redacted Indictments is granted. Ordered by Magistrate Judge Thomas D. Thalken. (E-mailed to counsel)(JAB) Modified on 6/17/2013 to unseal. (JAB)
June 25, 2013
PDF | More
ORDER denying the defendant's 70 Motion to Review as to Joshua Welch (7). Pursuant to NECrimR 59.2 any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
September 9, 2013
PDF | More
ORDER granting the Motions to Continue 94 and 103. Any motion to sever shall be filed on or before September 18, 2013. The government's omnibus response shall be filed on or before September 27, 2013. Any other pretrial motions shall be filed on or before December 9, 2013. The government's omnibus response shall be filed on or before December 20, 2013. The time between today's date and the anticipated hearing/trial is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1). Pretrial Motion Deadline set for 12/9/2013 as to defendants Russell Glenn Pierce, David William Peer, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Joshua Welch and Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER granting the Motions to Continue 94 and 103. Any motion to sever shall be filed on or before September 18, 2013. The government's omnibus response shall be filed on or before September 27, 2013. Any other pretrial motions shall be filed on or before December 9, 2013. The government's omnibus response shall be filed on or before December 20, 2013. The time between today's date and the anticipated hearing/trial is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1). Pretrial Motion Deadline set for 12/9/2013 as to defendants Russell Glenn Pierce, David William Peer, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Joshua Welch and Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER granting the Motions to Continue 94 and 103. Any motion to sever shall be filed on or before September 18, 2013. The government's omnibus response shall be filed on or before September 27, 2013. Any other pretrial motions shall be filed on or before December 9, 2013. The government's omnibus response shall be filed on or before December 20, 2013. The time between today's date and the anticipated hearing/trial is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1). Pretrial Motion Deadline set for 12/9/2013 as to defendants Russell Glenn Pierce, David William Peer, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Joshua Welch and Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER granting the Motions to Continue 94 and 103. Any motion to sever shall be filed on or before September 18, 2013. The government's omnibus response shall be filed on or before September 27, 2013. Any other pretrial motions shall be filed on or before December 9, 2013. The government's omnibus response shall be filed on or before December 20, 2013. The time between today's date and the anticipated hearing/trial is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1). Pretrial Motion Deadline set for 12/9/2013 as to defendants Russell Glenn Pierce, David William Peer, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Joshua Welch and Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER granting the Motions to Continue 94 and 103. Any motion to sever shall be filed on or before September 18, 2013. The government's omnibus response shall be filed on or before September 27, 2013. Any other pretrial motions shall be filed on or before December 9, 2013. The government's omnibus response shall be filed on or before December 20, 2013. The time between today's date and the anticipated hearing/trial is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1). Pretrial Motion Deadline set for 12/9/2013 as to defendants Russell Glenn Pierce, David William Peer, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Joshua Welch and Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER granting the Motions to Continue 94 and 103. Any motion to sever shall be filed on or before September 18, 2013. The government's omnibus response shall be filed on or before September 27, 2013. Any other pretrial motions shall be filed on or before December 9, 2013. The government's omnibus response shall be filed on or before December 20, 2013. The time between today's date and the anticipated hearing/trial is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1). Pretrial Motion Deadline set for 12/9/2013 as to defendants Russell Glenn Pierce, David William Peer, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Joshua Welch and Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER granting the Motions to Continue 94 and 103. Any motion to sever shall be filed on or before September 18, 2013. The government's omnibus response shall be filed on or before September 27, 2013. Any other pretrial motions shall be filed on or before December 9, 2013. The government's omnibus response shall be filed on or before December 20, 2013. The time between today's date and the anticipated hearing/trial is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1). Pretrial Motion Deadline set for 12/9/2013 as to defendants Russell Glenn Pierce, David William Peer, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Joshua Welch and Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER granting the Motions to Continue 94 and 103. Any motion to sever shall be filed on or before September 18, 2013. The government's omnibus response shall be filed on or before September 27, 2013. Any other pretrial motions shall be filed on or before December 9, 2013. The government's omnibus response shall be filed on or before December 20, 2013. The time between today's date and the anticipated hearing/trial is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1). Pretrial Motion Deadline set for 12/9/2013 as to defendants Russell Glenn Pierce, David William Peer, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Joshua Welch and Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
September 23, 2013
PDF | More
ORDER granting the 115 Motion to Extend as to John Doe # 6 (6). In accordance with the court's previous order of September 9, 2013 (Filing No. 105), any pretrial motions, except motions to sever, shall be filed on or before December 9, 2013. The government's omnibus response shall be filed on or before December 20, 2013. Speedy Trial Act. Time under the Speedy Trial Act will be excluded from today until December 9, 2013. The ends of justice will be served by such exclusion and outweigh the best interest of the public and the defendants in a speedy trial. Pretrial Motion Deadline set for 12/9/2013. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
October 18, 2013
PDF | More
ORDER- The court does not anticipate that, upon proper instruction, the jury will have great difficulty compartmentalizing the evidence pertaining to each defendant and returning a verdict as to each defendant as to each count of the indictment. No evidence was presented as to the disparity of evidence between the defendants which would warrant a severance for prejudicial joinder under Fed. R. Crim. P. 14. Accordingly, Pierce's motion to sever (Filing No. 108) is denied; Peer's motion to sever (Filing No. 106) is denied; Tidwell's motion to sever (Filing No. 112) is denied; Welch's motion to sever (Filing No. 110) is denied; and Spencer's motion to sever (Filing No. 101) is denied. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER- The court does not anticipate that, upon proper instruction, the jury will have great difficulty compartmentalizing the evidence pertaining to each defendant and returning a verdict as to each defendant as to each count of the indictment. No evidence was presented as to the disparity of evidence between the defendants which would warrant a severance for prejudicial joinder under Fed. R. Crim. P. 14. Accordingly, Pierce's motion to sever (Filing No. 108) is denied; Peer's motion to sever (Filing No. 106) is denied; Tidwell's motion to sever (Filing No. 112) is denied; Welch's motion to sever (Filing No. 110) is denied; and Spencer's motion to sever (Filing No. 101) is denied. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER- The court does not anticipate that, upon proper instruction, the jury will have great difficulty compartmentalizing the evidence pertaining to each defendant and returning a verdict as to each defendant as to each count of the indictment. No evidence was presented as to the disparity of evidence between the defendants which would warrant a severance for prejudicial joinder under Fed. R. Crim. P. 14. Accordingly, Pierce's motion to sever (Filing No. 108) is denied; Peer's motion to sever (Filing No. 106) is denied; Tidwell's motion to sever (Filing No. 112) is denied; Welch's motion to sever (Filing No. 110) is denied; and Spencer's motion to sever (Filing No. 101) is denied. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER- The court does not anticipate that, upon proper instruction, the jury will have great difficulty compartmentalizing the evidence pertaining to each defendant and returning a verdict as to each defendant as to each count of the indictment. No evidence was presented as to the disparity of evidence between the defendants which would warrant a severance for prejudicial joinder under Fed. R. Crim. P. 14. Accordingly, Pierce's motion to sever (Filing No. 108) is denied; Peer's motion to sever (Filing No. 106) is denied; Tidwell's motion to sever (Filing No. 112) is denied; Welch's motion to sever (Filing No. 110) is denied; and Spencer's motion to sever (Filing No. 101) is denied. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER- The court does not anticipate that, upon proper instruction, the jury will have great difficulty compartmentalizing the evidence pertaining to each defendant and returning a verdict as to each defendant as to each count of the indictment. No evidence was presented as to the disparity of evidence between the defendants which would warrant a severance for prejudicial joinder under Fed. R. Crim. P. 14. Accordingly, Pierce's motion to sever (Filing No. 108) is denied; Peer's motion to sever (Filing No. 106) is denied; Tidwell's motion to sever (Filing No. 112) is denied; Welch's motion to sever (Filing No. 110) is denied; and Spencer's motion to sever (Filing No. 101) is denied. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
November 8, 2013
PDF | More
ORDER granting Pierce's 129 Motion to Extend pretrial motions deadline as to Russell Glenn Pierce (1). Pierce and all co-defendants shall have to on or before January 9, 2014, in which to file pretrial motions. The time between December 9, 2013, and January 9, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Pretrial Motion Deadline set for 1/9/2014. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)ORDER granting Pierce's 129 Motion to Extend pretrial motions deadline as to Russell Glenn Pierce (1). Pierce and all co-defendants shall have to on or before January 9, 2014, in which to file pretrial motions. The time between December 9, 2013, and January 9, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Pretrial Motion Deadline set for 1/9/2014. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)ORDER granting Pierce's 129 Motion to Extend pretrial motions deadline as to Russell Glenn Pierce (1). Pierce and all co-defendants shall have to on or before January 9, 2014, in which to file pretrial motions. The time between December 9, 2013, and January 9, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Pretrial Motion Deadline set for 1/9/2014. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)ORDER granting Pierce's 129 Motion to Extend pretrial motions deadline as to Russell Glenn Pierce (1). Pierce and all co-defendants shall have to on or before January 9, 2014, in which to file pretrial motions. The time between December 9, 2013, and January 9, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Pretrial Motion Deadline set for 1/9/2014. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)ORDER granting Pierce's 129 Motion to Extend pretrial motions deadline as to Russell Glenn Pierce (1). Pierce and all co-defendants shall have to on or before January 9, 2014, in which to file pretrial motions. The time between December 9, 2013, and January 9, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Pretrial Motion Deadline set for 1/9/2014. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)ORDER granting Pierce's 129 Motion to Extend pretrial motions deadline as to Russell Glenn Pierce (1). Pierce and all co-defendants shall have to on or before January 9, 2014, in which to file pretrial motions. The time between December 9, 2013, and January 9, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Pretrial Motion Deadline set for 1/9/2014. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)ORDER granting Pierce's 129 Motion to Extend pretrial motions deadline as to Russell Glenn Pierce (1). Pierce and all co-defendants shall have to on or before January 9, 2014, in which to file pretrial motions. The time between December 9, 2013, and January 9, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Pretrial Motion Deadline set for 1/9/2014. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)ORDER granting Pierce's 129 Motion to Extend pretrial motions deadline as to Russell Glenn Pierce (1). Pierce and all co-defendants shall have to on or before January 9, 2014, in which to file pretrial motions. The time between December 9, 2013, and January 9, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Pretrial Motion Deadline set for 1/9/2014. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
December 12, 2013
PDF | More
MEMORANDUM AND ORDER - Defendants Thomas Spencer's and Joshua Rydell's objections (Filing No. 127 and Filing No. 130) are sustained. The magistrate judge's order (Filing No. 125) is reversed. The defendants' motions to sever (Filing Nos. 101, 106, 108, 110 and 112) are granted. This action is to be tried separately with respect to each defendant as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch, Thomas Spencer. Ordered by Judge Joseph F. Bataillon. (MKR) Modified on 12/16/2013 to correct typographical error. (MBM)MEMORANDUM AND ORDER - Defendants Thomas Spencer's and Joshua Rydell's objections (Filing No. 127 and Filing No. 130) are sustained. The magistrate judge's order (Filing No. 125) is reversed. The defendants' motions to sever (Filing Nos. 101, 106, 108, 110 and 112) are granted. This action is to be tried separately with respect to each defendant as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch, Thomas Spencer. Ordered by Judge Joseph F. Bataillon. (MKR) Modified on 12/16/2013 to correct typographical error. (MBM)MEMORANDUM AND ORDER - Defendants Thomas Spencer's and Joshua Rydell's objections (Filing No. 127 and Filing No. 130) are sustained. The magistrate judge's order (Filing No. 125) is reversed. The defendants' motions to sever (Filing Nos. 101, 106, 108, 110 and 112) are granted. This action is to be tried separately with respect to each defendant as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch, Thomas Spencer. Ordered by Judge Joseph F. Bataillon. (MKR) Modified on 12/16/2013 to correct typographical error. (MBM)MEMORANDUM AND ORDER - Defendants Thomas Spencer's and Joshua Rydell's objections (Filing No. 127 and Filing No. 130) are sustained. The magistrate judge's order (Filing No. 125) is reversed. The defendants' motions to sever (Filing Nos. 101, 106, 108, 110 and 112) are granted. This action is to be tried separately with respect to each defendant as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch, Thomas Spencer. Ordered by Judge Joseph F. Bataillon. (MKR) Modified on 12/16/2013 to correct typographical error. (MBM)MEMORANDUM AND ORDER - Defendants Thomas Spencer's and Joshua Rydell's objections (Filing No. 127 and Filing No. 130) are sustained. The magistrate judge's order (Filing No. 125) is reversed. The defendants' motions to sever (Filing Nos. 101, 106, 108, 110 and 112) are granted. This action is to be tried separately with respect to each defendant as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch, Thomas Spencer. Ordered by Judge Joseph F. Bataillon. (MKR) Modified on 12/16/2013 to correct typographical error. (MBM)MEMORANDUM AND ORDER - Defendants Thomas Spencer's and Joshua Rydell's objections (Filing No. 127 and Filing No. 130) are sustained. The magistrate judge's order (Filing No. 125) is reversed. The defendants' motions to sever (Filing Nos. 101, 106, 108, 110 and 112) are granted. This action is to be tried separately with respect to each defendant as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch, Thomas Spencer. Ordered by Judge Joseph F. Bataillon. (MKR) Modified on 12/16/2013 to correct typographical error. (MBM)MEMORANDUM AND ORDER - Defendants Thomas Spencer's and Joshua Rydell's objections (Filing No. 127 and Filing No. 130) are sustained. The magistrate judge's order (Filing No. 125) is reversed. The defendants' motions to sever (Filing Nos. 101, 106, 108, 110 and 112) are granted. This action is to be tried separately with respect to each defendant as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch, Thomas Spencer. Ordered by Judge Joseph F. Bataillon. (MKR) Modified on 12/16/2013 to correct typographical error. (MBM)MEMORANDUM AND ORDER - Defendants Thomas Spencer's and Joshua Rydell's objections (Filing No. 127 and Filing No. 130) are sustained. The magistrate judge's order (Filing No. 125) is reversed. The defendants' motions to sever (Filing Nos. 101, 106, 108, 110 and 112) are granted. This action is to be tried separately with respect to each defendant as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch, Thomas Spencer. Ordered by Judge Joseph F. Bataillon. (MKR) Modified on 12/16/2013 to correct typographical error. (MBM)
December 26, 2013
PDF | More
ORDER granting Defendant Pierce's 138 Motion for an extensionof time. Pierce is given until on or before March 7, 2014, in which to file pretrial motions pursuant to the progression order as to Russell Glenn Pierce (1). Pretrial Motion Deadline set for 3/7/2014. The additional time arising as a result of the granting of the motion, i.e., the time between December 26, 2013, and March 7, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
January 17, 2014
PDF | More
ORDER - IT IS ORDERED: The Unopposed Motion for Rule 17.1 Pretrial Conference filed by defendant Kirk Cottom (Filing No. 102) is granted. A conference pursuant to Fed. R. Crim. P. 17.1 will be held in the above captioned cases in Courtroom No. 7, Second Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 11:30 a.m. on January 24, 2014. All counsel are required to attend or participate by telephone conference. All participating counsel shall have available their calendars and be prepared to schedule events in this case. Since this will be a scheduling conference, defendants are not required to be present. Any counsel wishing to participate by telephone conference shall arrange, in advance of the conference, such participation with Mary Beth McFarland by calling 402-661-7344 as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch, Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )ORDER - IT IS ORDERED: The Unopposed Motion for Rule 17.1 Pretrial Conference filed by defendant Kirk Cottom (Filing No. 102) is granted. A conference pursuant to Fed. R. Crim. P. 17.1 will be held in the above captioned cases in Courtroom No. 7, Second Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 11:30 a.m. on January 24, 2014. All counsel are required to attend or participate by telephone conference. All participating counsel shall have available their calendars and be prepared to schedule events in this case. Since this will be a scheduling conference, defendants are not required to be present. Any counsel wishing to participate by telephone conference shall arrange, in advance of the conference, such participation with Mary Beth McFarland by calling 402-661-7344 as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch, Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )ORDER - IT IS ORDERED: The Unopposed Motion for Rule 17.1 Pretrial Conference filed by defendant Kirk Cottom (Filing No. 102) is granted. A conference pursuant to Fed. R. Crim. P. 17.1 will be held in the above captioned cases in Courtroom No. 7, Second Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 11:30 a.m. on January 24, 2014. All counsel are required to attend or participate by telephone conference. All participating counsel shall have available their calendars and be prepared to schedule events in this case. Since this will be a scheduling conference, defendants are not required to be present. Any counsel wishing to participate by telephone conference shall arrange, in advance of the conference, such participation with Mary Beth McFarland by calling 402-661-7344 as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch, Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )ORDER - IT IS ORDERED: The Unopposed Motion for Rule 17.1 Pretrial Conference filed by defendant Kirk Cottom (Filing No. 102) is granted. A conference pursuant to Fed. R. Crim. P. 17.1 will be held in the above captioned cases in Courtroom No. 7, Second Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 11:30 a.m. on January 24, 2014. All counsel are required to attend or participate by telephone conference. All participating counsel shall have available their calendars and be prepared to schedule events in this case. Since this will be a scheduling conference, defendants are not required to be present. Any counsel wishing to participate by telephone conference shall arrange, in advance of the conference, such participation with Mary Beth McFarland by calling 402-661-7344 as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch, Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )ORDER - IT IS ORDERED: The Unopposed Motion for Rule 17.1 Pretrial Conference filed by defendant Kirk Cottom (Filing No. 102) is granted. A conference pursuant to Fed. R. Crim. P. 17.1 will be held in the above captioned cases in Courtroom No. 7, Second Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 11:30 a.m. on January 24, 2014. All counsel are required to attend or participate by telephone conference. All participating counsel shall have available their calendars and be prepared to schedule events in this case. Since this will be a scheduling conference, defendants are not required to be present. Any counsel wishing to participate by telephone conference shall arrange, in advance of the conference, such participation with Mary Beth McFarland by calling 402-661-7344 as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch, Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )ORDER - IT IS ORDERED: The Unopposed Motion for Rule 17.1 Pretrial Conference filed by defendant Kirk Cottom (Filing No. 102) is granted. A conference pursuant to Fed. R. Crim. P. 17.1 will be held in the above captioned cases in Courtroom No. 7, Second Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 11:30 a.m. on January 24, 2014. All counsel are required to attend or participate by telephone conference. All participating counsel shall have available their calendars and be prepared to schedule events in this case. Since this will be a scheduling conference, defendants are not required to be present. Any counsel wishing to participate by telephone conference shall arrange, in advance of the conference, such participation with Mary Beth McFarland by calling 402-661-7344 as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch, Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )ORDER - IT IS ORDERED: The Unopposed Motion for Rule 17.1 Pretrial Conference filed by defendant Kirk Cottom (Filing No. 102) is granted. A conference pursuant to Fed. R. Crim. P. 17.1 will be held in the above captioned cases in Courtroom No. 7, Second Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 11:30 a.m. on January 24, 2014. All counsel are required to attend or participate by telephone conference. All participating counsel shall have available their calendars and be prepared to schedule events in this case. Since this will be a scheduling conference, defendants are not required to be present. Any counsel wishing to participate by telephone conference shall arrange, in advance of the conference, such participation with Mary Beth McFarland by calling 402-661-7344 as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch, Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )ORDER - IT IS ORDERED: The Unopposed Motion for Rule 17.1 Pretrial Conference filed by defendant Kirk Cottom (Filing No. 102) is granted. A conference pursuant to Fed. R. Crim. P. 17.1 will be held in the above captioned cases in Courtroom No. 7, Second Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 11:30 a.m. on January 24, 2014. All counsel are required to attend or participate by telephone conference. All participating counsel shall have available their calendars and be prepared to schedule events in this case. Since this will be a scheduling conference, defendants are not required to be present. Any counsel wishing to participate by telephone conference shall arrange, in advance of the conference, such participation with Mary Beth McFarland by calling 402-661-7344 as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch, Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
January 27, 2014
PDF | More
ORDER - The parties shall have until February 3, 2014, to file any stipulation regarding the defendants' standing to challenge the execution and related matters associated with the search warrants issued between November 15, 2012, and November 17, 2012. The defendants shall have until February 19, 2014, to file notice of an offer of proof containing a general description of the testimony expected of their internet privacy expert witness. The government shall have until February 27, 2014, to file any motions in limine in response to the defendants' offer of proof. Any response to the motion in limine shall be filed by March 7, 2014. The defendants' motions to suppress are scheduled for an omnibus hearing on the issues associated with the search warrants issued between November 15, 2012, and November 17, 2012, before the undersigned magistrate judge at 8:30 a.m. on April 17-18, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch and Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER - The parties shall have until February 3, 2014, to file any stipulation regarding the defendants' standing to challenge the execution and related matters associated with the search warrants issued between November 15, 2012, and November 17, 2012. The defendants shall have until February 19, 2014, to file notice of an offer of proof containing a general description of the testimony expected of their internet privacy expert witness. The government shall have until February 27, 2014, to file any motions in limine in response to the defendants' offer of proof. Any response to the motion in limine shall be filed by March 7, 2014. The defendants' motions to suppress are scheduled for an omnibus hearing on the issues associated with the search warrants issued between November 15, 2012, and November 17, 2012, before the undersigned magistrate judge at 8:30 a.m. on April 17-18, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch and Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER - The parties shall have until February 3, 2014, to file any stipulation regarding the defendants' standing to challenge the execution and related matters associated with the search warrants issued between November 15, 2012, and November 17, 2012. The defendants shall have until February 19, 2014, to file notice of an offer of proof containing a general description of the testimony expected of their internet privacy expert witness. The government shall have until February 27, 2014, to file any motions in limine in response to the defendants' offer of proof. Any response to the motion in limine shall be filed by March 7, 2014. The defendants' motions to suppress are scheduled for an omnibus hearing on the issues associated with the search warrants issued between November 15, 2012, and November 17, 2012, before the undersigned magistrate judge at 8:30 a.m. on April 17-18, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch and Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER - The parties shall have until February 3, 2014, to file any stipulation regarding the defendants' standing to challenge the execution and related matters associated with the search warrants issued between November 15, 2012, and November 17, 2012. The defendants shall have until February 19, 2014, to file notice of an offer of proof containing a general description of the testimony expected of their internet privacy expert witness. The government shall have until February 27, 2014, to file any motions in limine in response to the defendants' offer of proof. Any response to the motion in limine shall be filed by March 7, 2014. The defendants' motions to suppress are scheduled for an omnibus hearing on the issues associated with the search warrants issued between November 15, 2012, and November 17, 2012, before the undersigned magistrate judge at 8:30 a.m. on April 17-18, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch and Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER - The parties shall have until February 3, 2014, to file any stipulation regarding the defendants' standing to challenge the execution and related matters associated with the search warrants issued between November 15, 2012, and November 17, 2012. The defendants shall have until February 19, 2014, to file notice of an offer of proof containing a general description of the testimony expected of their internet privacy expert witness. The government shall have until February 27, 2014, to file any motions in limine in response to the defendants' offer of proof. Any response to the motion in limine shall be filed by March 7, 2014. The defendants' motions to suppress are scheduled for an omnibus hearing on the issues associated with the search warrants issued between November 15, 2012, and November 17, 2012, before the undersigned magistrate judge at 8:30 a.m. on April 17-18, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch and Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER - The parties shall have until February 3, 2014, to file any stipulation regarding the defendants' standing to challenge the execution and related matters associated with the search warrants issued between November 15, 2012, and November 17, 2012. The defendants shall have until February 19, 2014, to file notice of an offer of proof containing a general description of the testimony expected of their internet privacy expert witness. The government shall have until February 27, 2014, to file any motions in limine in response to the defendants' offer of proof. Any response to the motion in limine shall be filed by March 7, 2014. The defendants' motions to suppress are scheduled for an omnibus hearing on the issues associated with the search warrants issued between November 15, 2012, and November 17, 2012, before the undersigned magistrate judge at 8:30 a.m. on April 17-18, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch and Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER - The parties shall have until February 3, 2014, to file any stipulation regarding the defendants' standing to challenge the execution and related matters associated with the search warrants issued between November 15, 2012, and November 17, 2012. The defendants shall have until February 19, 2014, to file notice of an offer of proof containing a general description of the testimony expected of their internet privacy expert witness. The government shall have until February 27, 2014, to file any motions in limine in response to the defendants' offer of proof. Any response to the motion in limine shall be filed by March 7, 2014. The defendants' motions to suppress are scheduled for an omnibus hearing on the issues associated with the search warrants issued between November 15, 2012, and November 17, 2012, before the undersigned magistrate judge at 8:30 a.m. on April 17-18, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch and Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER - The parties shall have until February 3, 2014, to file any stipulation regarding the defendants' standing to challenge the execution and related matters associated with the search warrants issued between November 15, 2012, and November 17, 2012. The defendants shall have until February 19, 2014, to file notice of an offer of proof containing a general description of the testimony expected of their internet privacy expert witness. The government shall have until February 27, 2014, to file any motions in limine in response to the defendants' offer of proof. Any response to the motion in limine shall be filed by March 7, 2014. The defendants' motions to suppress are scheduled for an omnibus hearing on the issues associated with the search warrants issued between November 15, 2012, and November 17, 2012, before the undersigned magistrate judge at 8:30 a.m. on April 17-18, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. as to defendants Russell Glenn Pierce, David William Peer, John Doe # 3, John Doe # 4, John Doe # 5, Warren Tidwell, Joshua Welch and Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
February 26, 2014
PDF | More
ORDER granting in part and denying in part the 158 Motion to Extend as to Russell Glenn Pierce (1). Pierce bases his motion on a yet to be produced forensic report. Pierce is included in an omnibus suppression hearing on April 17, 2014, along with numerous other defendants. Counsel for the government opposes the motion. Pierce's motion will be granted to the extent any such motion will be based upon the forensic report yet to be produced, otherwise, the motion is denied. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
May 27, 2014
PDF | More
ORDER that Attorney Wesley Dodge has a pending case in this court and has not paid the 2013/2014 Attorney Assessment. Within 30 days from the date of this order, Mr. Wesley Dodge is directed to pay the $20.00 fee or show cause why he is unable to do so. As to defendant Joshua Welch. (Case Management Deadline set for 6/27/2014.) Ordered by Chief Judge Laurie Smith Camp. (MTB)
July 28, 2014
PDF | More
FINDINGS AND RECOMMENDATION to Judge Joseph Bataillon that: the MOTIONS to Suppress 144, 140, 161, 142 and 145 be denied as to defendants Russell Glenn Pierce, David William Peer, Warren Tidwell, Joshua Welch and Thomas Spencer. The motions in 8:13CR107, Filing No. 121 (Diberardino), Filing No. 124 (Huyck), Filing No. 196 (Laurita), and Filing Nos. 117 and 131 (Reibert) be denied. The motions to suppress in 8:13CR108, Filing No. 53 (Cottom), Filing No. 107 (Smith), and Filing No. 64 (Pitman) be denied. Pursuant to NECrimR 59.2 any objection to this Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Findings and Recommendation. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)FINDINGS AND RECOMMENDATION to Judge Joseph Bataillon that: the MOTIONS to Suppress 144, 140, 161, 142 and 145 be denied as to defendants Russell Glenn Pierce, David William Peer, Warren Tidwell, Joshua Welch and Thomas Spencer. The motions in 8:13CR107, Filing No. 121 (Diberardino), Filing No. 124 (Huyck), Filing No. 196 (Laurita), and Filing Nos. 117 and 131 (Reibert) be denied. The motions to suppress in 8:13CR108, Filing No. 53 (Cottom), Filing No. 107 (Smith), and Filing No. 64 (Pitman) be denied. Pursuant to NECrimR 59.2 any objection to this Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Findings and Recommendation. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)FINDINGS AND RECOMMENDATION to Judge Joseph Bataillon that: the MOTIONS to Suppress 144, 140, 161, 142 and 145 be denied as to defendants Russell Glenn Pierce, David William Peer, Warren Tidwell, Joshua Welch and Thomas Spencer. The motions in 8:13CR107, Filing No. 121 (Diberardino), Filing No. 124 (Huyck), Filing No. 196 (Laurita), and Filing Nos. 117 and 131 (Reibert) be denied. The motions to suppress in 8:13CR108, Filing No. 53 (Cottom), Filing No. 107 (Smith), and Filing No. 64 (Pitman) be denied. Pursuant to NECrimR 59.2 any objection to this Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Findings and Recommendation. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)FINDINGS AND RECOMMENDATION to Judge Joseph Bataillon that: the MOTIONS to Suppress 144, 140, 161, 142 and 145 be denied as to defendants Russell Glenn Pierce, David William Peer, Warren Tidwell, Joshua Welch and Thomas Spencer. The motions in 8:13CR107, Filing No. 121 (Diberardino), Filing No. 124 (Huyck), Filing No. 196 (Laurita), and Filing Nos. 117 and 131 (Reibert) be denied. The motions to suppress in 8:13CR108, Filing No. 53 (Cottom), Filing No. 107 (Smith), and Filing No. 64 (Pitman) be denied. Pursuant to NECrimR 59.2 any objection to this Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Findings and Recommendation. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)FINDINGS AND RECOMMENDATION to Judge Joseph Bataillon that: the MOTIONS to Suppress 144, 140, 161, 142 and 145 be denied as to defendants Russell Glenn Pierce, David William Peer, Warren Tidwell, Joshua Welch and Thomas Spencer. The motions in 8:13CR107, Filing No. 121 (Diberardino), Filing No. 124 (Huyck), Filing No. 196 (Laurita), and Filing Nos. 117 and 131 (Reibert) be denied. The motions to suppress in 8:13CR108, Filing No. 53 (Cottom), Filing No. 107 (Smith), and Filing No. 64 (Pitman) be denied. Pursuant to NECrimR 59.2 any objection to this Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Findings and Recommendation. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
September 5, 2014
PDF | More
ORDER denying the defendant's 227 Motion to Modify Conditions of Release as to Russell Glenn Pierce (1). Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
October 14, 2014
PDF | More
MEMORANDUM AND ORDER- The motions to suppress in 8:13CR106, Filing No. 161 (Pierce), Filing No. 144 (Peer), Filing No. 145 (Tidwell as pertains to the NIT warrant), Filing No. 142 (Welch), and Filing No. 140 (Spencer) are denied. The motions in 8:13CR107, Filing No. 121 (Diberardino), Filing No. 124 (Huyck), Filing No. 196 (Laurita), and Filing Nos. 117 and 131 (Reibert) are denied. The motions to suppress in 8:13CR108, Filing No. 53 (Cottom), Filing No. 107 and Filing No. 64 (Pitman) are denied. The objections of the defendants, Filing Nos. 217, 219, 220, 222, 223, in Case No. 8:13CR106; Filing Nos. 259, 268, 270, and 272, in Case No. 8:13CR107; and Filing Nos. 151, 152, and 154 in Case No. 8:13CR108; are denied. The findings and recommendations of the magistrate judge, Filing No. 203 in Case No. 8:13cr106; Filing No. 254 in Case No. 8:13CR107; and Filing No. 148 in Case No. 8:13CR108, are adopted in their entirety. Ordered by Judge Joseph F. Bataillon. ( MKR)MEMORANDUM AND ORDER- The motions to suppress in 8:13CR106, Filing No. 161 (Pierce), Filing No. 144 (Peer), Filing No. 145 (Tidwell as pertains to the NIT warrant), Filing No. 142 (Welch), and Filing No. 140 (Spencer) are denied. The motions in 8:13CR107, Filing No. 121 (Diberardino), Filing No. 124 (Huyck), Filing No. 196 (Laurita), and Filing Nos. 117 and 131 (Reibert) are denied. The motions to suppress in 8:13CR108, Filing No. 53 (Cottom), Filing No. 107 and Filing No. 64 (Pitman) are denied. The objections of the defendants, Filing Nos. 217, 219, 220, 222, 223, in Case No. 8:13CR106; Filing Nos. 259, 268, 270, and 272, in Case No. 8:13CR107; and Filing Nos. 151, 152, and 154 in Case No. 8:13CR108; are denied. The findings and recommendations of the magistrate judge, Filing No. 203 in Case No. 8:13cr106; Filing No. 254 in Case No. 8:13CR107; and Filing No. 148 in Case No. 8:13CR108, are adopted in their entirety. Ordered by Judge Joseph F. Bataillon. ( MKR)MEMORANDUM AND ORDER- The motions to suppress in 8:13CR106, Filing No. 161 (Pierce), Filing No. 144 (Peer), Filing No. 145 (Tidwell as pertains to the NIT warrant), Filing No. 142 (Welch), and Filing No. 140 (Spencer) are denied. The motions in 8:13CR107, Filing No. 121 (Diberardino), Filing No. 124 (Huyck), Filing No. 196 (Laurita), and Filing Nos. 117 and 131 (Reibert) are denied. The motions to suppress in 8:13CR108, Filing No. 53 (Cottom), Filing No. 107 and Filing No. 64 (Pitman) are denied. The objections of the defendants, Filing Nos. 217, 219, 220, 222, 223, in Case No. 8:13CR106; Filing Nos. 259, 268, 270, and 272, in Case No. 8:13CR107; and Filing Nos. 151, 152, and 154 in Case No. 8:13CR108; are denied. The findings and recommendations of the magistrate judge, Filing No. 203 in Case No. 8:13cr106; Filing No. 254 in Case No. 8:13CR107; and Filing No. 148 in Case No. 8:13CR108, are adopted in their entirety. Ordered by Judge Joseph F. Bataillon. ( MKR)MEMORANDUM AND ORDER- The motions to suppress in 8:13CR106, Filing No. 161 (Pierce), Filing No. 144 (Peer), Filing No. 145 (Tidwell as pertains to the NIT warrant), Filing No. 142 (Welch), and Filing No. 140 (Spencer) are denied. The motions in 8:13CR107, Filing No. 121 (Diberardino), Filing No. 124 (Huyck), Filing No. 196 (Laurita), and Filing Nos. 117 and 131 (Reibert) are denied. The motions to suppress in 8:13CR108, Filing No. 53 (Cottom), Filing No. 107 and Filing No. 64 (Pitman) are denied. The objections of the defendants, Filing Nos. 217, 219, 220, 222, 223, in Case No. 8:13CR106; Filing Nos. 259, 268, 270, and 272, in Case No. 8:13CR107; and Filing Nos. 151, 152, and 154 in Case No. 8:13CR108; are denied. The findings and recommendations of the magistrate judge, Filing No. 203 in Case No. 8:13cr106; Filing No. 254 in Case No. 8:13CR107; and Filing No. 148 in Case No. 8:13CR108, are adopted in their entirety. Ordered by Judge Joseph F. Bataillon. ( MKR)MEMORANDUM AND ORDER- The motions to suppress in 8:13CR106, Filing No. 161 (Pierce), Filing No. 144 (Peer), Filing No. 145 (Tidwell as pertains to the NIT warrant), Filing No. 142 (Welch), and Filing No. 140 (Spencer) are denied. The motions in 8:13CR107, Filing No. 121 (Diberardino), Filing No. 124 (Huyck), Filing No. 196 (Laurita), and Filing Nos. 117 and 131 (Reibert) are denied. The motions to suppress in 8:13CR108, Filing No. 53 (Cottom), Filing No. 107 and Filing No. 64 (Pitman) are denied. The objections of the defendants, Filing Nos. 217, 219, 220, 222, 223, in Case No. 8:13CR106; Filing Nos. 259, 268, 270, and 272, in Case No. 8:13CR107; and Filing Nos. 151, 152, and 154 in Case No. 8:13CR108; are denied. The findings and recommendations of the magistrate judge, Filing No. 203 in Case No. 8:13cr106; Filing No. 254 in Case No. 8:13CR107; and Filing No. 148 in Case No. 8:13CR108, are adopted in their entirety. Ordered by Judge Joseph F. Bataillon. ( MKR)MEMORANDUM AND ORDER- The motions to suppress in 8:13CR106, Filing No. 161 (Pierce), Filing No. 144 (Peer), Filing No. 145 (Tidwell as pertains to the NIT warrant), Filing No. 142 (Welch), and Filing No. 140 (Spencer) are denied. The motions in 8:13CR107, Filing No. 121 (Diberardino), Filing No. 124 (Huyck), Filing No. 196 (Laurita), and Filing Nos. 117 and 131 (Reibert) are denied. The motions to suppress in 8:13CR108, Filing No. 53 (Cottom), Filing No. 107 and Filing No. 64 (Pitman) are denied. The objections of the defendants, Filing Nos. 217, 219, 220, 222, 223, in Case No. 8:13CR106; Filing Nos. 259, 268, 270, and 272, in Case No. 8:13CR107; and Filing Nos. 151, 152, and 154 in Case No. 8:13CR108; are denied. The findings and recommendations of the magistrate judge, Filing No. 203 in Case No. 8:13cr106; Filing No. 254 in Case No. 8:13CR107; and Filing No. 148 in Case No. 8:13CR108, are adopted in their entirety. Ordered by Judge Joseph F. Bataillon. ( MKR)MEMORANDUM AND ORDER- The motions to suppress in 8:13CR106, Filing No. 161 (Pierce), Filing No. 144 (Peer), Filing No. 145 (Tidwell as pertains to the NIT warrant), Filing No. 142 (Welch), and Filing No. 140 (Spencer) are denied. The motions in 8:13CR107, Filing No. 121 (Diberardino), Filing No. 124 (Huyck), Filing No. 196 (Laurita), and Filing Nos. 117 and 131 (Reibert) are denied. The motions to suppress in 8:13CR108, Filing No. 53 (Cottom), Filing No. 107 and Filing No. 64 (Pitman) are denied. The objections of the defendants, Filing Nos. 217, 219, 220, 222, 223, in Case No. 8:13CR106; Filing Nos. 259, 268, 270, and 272, in Case No. 8:13CR107; and Filing Nos. 151, 152, and 154 in Case No. 8:13CR108; are denied. The findings and recommendations of the magistrate judge, Filing No. 203 in Case No. 8:13cr106; Filing No. 254 in Case No. 8:13CR107; and Filing No. 148 in Case No. 8:13CR108, are adopted in their entirety. Ordered by Judge Joseph F. Bataillon. ( MKR)MEMORANDUM AND ORDER- The motions to suppress in 8:13CR106, Filing No. 161 (Pierce), Filing No. 144 (Peer), Filing No. 145 (Tidwell as pertains to the NIT warrant), Filing No. 142 (Welch), and Filing No. 140 (Spencer) are denied. The motions in 8:13CR107, Filing No. 121 (Diberardino), Filing No. 124 (Huyck), Filing No. 196 (Laurita), and Filing Nos. 117 and 131 (Reibert) are denied. The motions to suppress in 8:13CR108, Filing No. 53 (Cottom), Filing No. 107 and Filing No. 64 (Pitman) are denied. The objections of the defendants, Filing Nos. 217, 219, 220, 222, 223, in Case No. 8:13CR106; Filing Nos. 259, 268, 270, and 272, in Case No. 8:13CR107; and Filing Nos. 151, 152, and 154 in Case No. 8:13CR108; are denied. The findings and recommendations of the magistrate judge, Filing No. 203 in Case No. 8:13cr106; Filing No. 254 in Case No. 8:13CR107; and Filing No. 148 in Case No. 8:13CR108, are adopted in their entirety. Ordered by Judge Joseph F. Bataillon. ( MKR)
October 23, 2014
PDF | More
FINDINGS AND RECOMMENDATION that the MOTION to Suppress Statements164 be denied as to defendant Russell Glenn Pierce. Pursuant to NECrimR 59.2 any objection to this Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Findings and Recommendation. Failure to timely object may constitute a waiver of any such objection. The brief in support of any objection shall be filed at the time of filing such objection. Failure to file a brief in support of any objection may be deemed an abandonment of the objection. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
November 4, 2014
PDF | More
ORDER granting Tidwell's 249 Motion to Continue trial as to Warren Tidwell (6). Trial of this matter is re-scheduled for January 5, 2015, before Senior Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between November 4, 2014, and January 5, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. See 18 U.S.C. § 3161(h)(7)(A) & (B). Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
November 10, 2014
PDF | More
ORDER granting Welch's 254 Motion to Continue trial as to Joshua Welch (7). Trial of this matter is re-scheduled for January 5, 2015, before Senior Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time betweenNovember 10, 2014, and January 5, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Jury Trial set for 1/5/2015 at 09:00 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
November 12, 2014
PDF | More
ORDER that the 247 Findings and Recommendations is adopted in its entirety; and the defendant's 164 Motion to Suppress is denied as to Russell Glenn Pierce (1). Ordered by Senior Judge Joseph F. Bataillon. (ADB)
November 21, 2014
PDF | More
ORDER granting Pierce's 262 Motion to Continue Trial. Trial of this matter is re- scheduled for February 2, 2015, before Senior Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between November 21, 2014, and February 2, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to Russell Glenn Pierce (1). Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
November 25, 2014
PDF | More
ORDER granting Tidwell's 264 Motion to Continue as to Warren Tidwell (6). Trial of this matter is re-scheduled for March 9, 2015, before Senior Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between November 25, 2014, and March 9, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason that defendants counsel requires additional time to adequately prepare the case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(7)(A) & (B). Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
January 20, 2015
PDF | More
ORDER granting Pierce's 292 Motion to Continue. Trial of this matter is re- scheduled for March 23, 2015, before Senior Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between January 20, 2015, and March 23, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason that defendants counsel requires additional time to adequately prepare the case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(7)(A) & (B) as to Russell Glenn Pierce (1). Pretrial Motion Deadline set for 3/23/2015. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
January 28, 2015
PDF | More
ORDER - IT IS ORDERED: Defendant's motion in limine (Filing No. 295) is granted as provided above. Defendant's motion in limine (Filing No. 299) is granted in part and denied in part, without prejudice to its reassertion via timely objection to the admissibility of such evidence at trial as to Joshua Welch. Ordered by Senior Judge Joseph F. Bataillon. ( TCL)
February 6, 2015
PDF | More
ORDER on the Motion for defense litigation costs 322 as to defendant Warren Tidwell. Tidwell has filed a Financial Affidavit demonstrating his inability to pay (Filing No. 286- Sealed). Accordingly, Tidwell's counsel may file an ex parte application for the issuance of trial subpoenas for witnesses which will include their name, address and a summary of their expected testimony which establishes the necessity of their testimony for an adequate defense. The application shall be accompanied by a completed subpoena form for each witness which are available from the Clerk on the courts website. The application will be reviewed by the trial judge to determine the necessity of the witness for trial for an adequate defense and the trial judge will direct the Clerk to issue such subpoenas as the trial judge determines are necessary. Payments to witnesses who testify in this case pursuant to the court's order will be made by the U.S. Marshal following the witness's testimony pursuant to Form OBD-3. A copy of such form is attached to this Order. Counsel for Tidwell shall contact the U.S. Marshal for directions as to completing such form and directing the witness to the U.S. Marshal's office for payment. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
March 11, 2015
PDF | More
ORDER granting Tidwell's 350 Motion to Continue trial. Trial of this matter is re-scheduled for July 27, 2015, before Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between March 11, 2015, and July 27, 2015, shall be deemed excludable time in any computation of time under the requirement of theSpeedy Trial Act for the reason that defendant's counsel requires additional time to adequately prepare the case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(7)(A) & (B). Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
March 12, 2015
PDF | More
ORDER granting Pierce's 356 Motion to Continue trial. Trial of this matter is re-scheduled for May 26, 2015, before Senior Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between March 12, 2015, and May 26, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason that defendant's counsel requires additional time to adequately prepare the case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h) (7)(A) & (B). Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
May 4, 2015
PDF | More
JUDGMENT as to Joshua Welch (7), Counts 1ss, 2ss - The defendant was found guilty on counts I and II of the Second Superseding Indictment after a plea of not guilty and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of one hundred twenty (120) months on count I and a term of one hundred twenty (120) months on count II, said terms of imprisonment to be served concurrently; supervised release for a term of ten (10) years on count I and a term of ten (10) years on count II, said terms of supervised release to be served concurrently; $200.00 special assessment. Counts 1, 1s, 2, 2s, The Indictment and Superseding Indictment are dismissed on the motion of the United States as to this defendant only as to defendant Joshua Welch. Ordered by Senior Judge Joseph F. Bataillon. (4 Certified copies to USM) (ADB)
May 8, 2015
PDF | More
ORDER permitting defendant to proceed in forma pauperis regarding Notice of Appeal to USCA 399 as to defendant Joshua Welch. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
May 12, 2015
PDF | More
JUDGMENT as to Thomas Spencer (8), Count 2ss - Defendant pleaded guilty to count II of the Second Superseding Indictment and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of forty-eight (48) months; 5 years supervised release with special conditions; $100.00 special assessment. Counts 1, 1s, 1ss, 2, 2s - The Indictment, Superseding Indictment and Count I of the Second Superseding Indictment are dismissed on the motion of the United States as to this defendant only as to defendant Thomas Spencer. Ordered by Senior Judge Joseph F. Bataillon. (4 Certified copies to USM)(ADB, )
July 22, 2015
PDF | More
ORDER - IT IS ORDERED that defendant shall comply with the court's earlier order (Filing No. 396) on or before the close of business on July 25, 2015, or the defendant's objection (Filing No. 351) to the magistrate judge's order (Filing No. 282), will be overruled as to defendant Warren Tidwell. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
July 22, 2015
PDF | More
AMENDED ORDER - IT IS ORDERED that defendant shall comply with the court's earlier order (Filing No. 396) on or before the close of business on July 24, 2015, or the defendant's objection (Filing No. 351) to the magistrate judge's order (Filing No. 282), will be overruled as to defendant Warren Tidwell. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
July 28, 2015
PDF | More
ORDER that defendant's 351 Objection to Magistrate Judge Order is sustained.That portion of the order of the magistrate judge (Filing Nos. 282 & 289) that denies the defendant's motion for appointment of counsel under the CJA is reversed. The defendant's motion for appointment of counsel under the CJA (Filing No. 277) is granted. Counsel Joseph L. Howard is appointed under the Criminal Justice Act to represent defendant Warren Tidwell in this matter, effective January 12, 2015 as to defendant Warren Tidwell (6). Ordered by Senior Judge Joseph F. Bataillon. (E-mailed to FPD)(ADB)
October 6, 2015
PDF | More
JUDGMENT as to Russell Glenn Pierce (1) - Count 2ss: Defendant pleaded guilty to count II of the Second Superseding Indictment and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of forty-eight (48) months; 5 year supervised release; $100.00 special assessment. Counts 1, 1s, 1ss, 2, 2s: The Indictment, Superseding Indictment and Count I of the Second Superseding Indictment are dismissed on the motion of the United States as to this defendant only as to defendant Russell Glenn Pierce. Ordered by Senior Judge Joseph F. Bataillon. (4 Certified copies to USM) (ADB)
July 13, 2016
PDF | More
ORDER that the government shall respond to the defendant's request no later than Monday, July 18, 2016, at noon as to defendant Thomas Spencer. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
July 18, 2016
PDF | More
ORDER denying without prejudice the defendant's request for a copy of a warrant 491 as to Thomas Spencer (8). Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)( MKR)
October 6, 2016
PDF | More
ORDER that the United State's Motion to Dismiss Forfeiture Allegation 498 is hereby sustained. The Forfeiture Allegation of the Indictment is hereby dismissed as to Russell Glenn Pierce (1), David William Peer (2), John Doe # 3 (3), John Doe # 4 (4), John Doe # 5 (5), Warren Tidwell (6), Joshua Welch (7), Thomas Spencer (8). Ordered by Senior Judge Joseph F. Bataillon. (ADB)ORDER that the United State's Motion to Dismiss Forfeiture Allegation 498 is hereby sustained. The Forfeiture Allegation of the Indictment is hereby dismissed as to Russell Glenn Pierce (1), David William Peer (2), John Doe # 3 (3), John Doe # 4 (4), John Doe # 5 (5), Warren Tidwell (6), Joshua Welch (7), Thomas Spencer (8). Ordered by Senior Judge Joseph F. Bataillon. (ADB)ORDER that the United State's Motion to Dismiss Forfeiture Allegation 498 is hereby sustained. The Forfeiture Allegation of the Indictment is hereby dismissed as to Russell Glenn Pierce (1), David William Peer (2), John Doe # 3 (3), John Doe # 4 (4), John Doe # 5 (5), Warren Tidwell (6), Joshua Welch (7), Thomas Spencer (8). Ordered by Senior Judge Joseph F. Bataillon. (ADB)ORDER that the United State's Motion to Dismiss Forfeiture Allegation 498 is hereby sustained. The Forfeiture Allegation of the Indictment is hereby dismissed as to Russell Glenn Pierce (1), David William Peer (2), John Doe # 3 (3), John Doe # 4 (4), John Doe # 5 (5), Warren Tidwell (6), Joshua Welch (7), Thomas Spencer (8). Ordered by Senior Judge Joseph F. Bataillon. (ADB)ORDER that the United State's Motion to Dismiss Forfeiture Allegation 498 is hereby sustained. The Forfeiture Allegation of the Indictment is hereby dismissed as to Russell Glenn Pierce (1), David William Peer (2), John Doe # 3 (3), John Doe # 4 (4), John Doe # 5 (5), Warren Tidwell (6), Joshua Welch (7), Thomas Spencer (8). Ordered by Senior Judge Joseph F. Bataillon. (ADB)ORDER that the United State's Motion to Dismiss Forfeiture Allegation 498 is hereby sustained. The Forfeiture Allegation of the Indictment is hereby dismissed as to Russell Glenn Pierce (1), David William Peer (2), John Doe # 3 (3), John Doe # 4 (4), John Doe # 5 (5), Warren Tidwell (6), Joshua Welch (7), Thomas Spencer (8). Ordered by Senior Judge Joseph F. Bataillon. (ADB)ORDER that the United State's Motion to Dismiss Forfeiture Allegation 498 is hereby sustained. The Forfeiture Allegation of the Indictment is hereby dismissed as to Russell Glenn Pierce (1), David William Peer (2), John Doe # 3 (3), John Doe # 4 (4), John Doe # 5 (5), Warren Tidwell (6), Joshua Welch (7), Thomas Spencer (8). Ordered by Senior Judge Joseph F. Bataillon. (ADB)ORDER that the United State's Motion to Dismiss Forfeiture Allegation 498 is hereby sustained. The Forfeiture Allegation of the Indictment is hereby dismissed as to Russell Glenn Pierce (1), David William Peer (2), John Doe # 3 (3), John Doe # 4 (4), John Doe # 5 (5), Warren Tidwell (6), Joshua Welch (7), Thomas Spencer (8). Ordered by Senior Judge Joseph F. Bataillon. (ADB)
May 18, 2017
PDF | More
ORDER that on initial review, the court finds that summary dismissal is not appropriate regarding 500 Motion to Vacate (2255). The United States shall file an answer to the defendant's § 2255 motion within 21 days of the date of this order. The defendant's motion for leave to proceed in forma pauperis (Filing No. 501) and motion for a status report (Filing No. 505) are denied as moot as to Joshua Welch (7). Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB)
August 30, 2017
PDF | More
ORDER - IT IS ORDERED that: The defendant's motion for extension of time to file reply in § 2255, Filing No. 515, is granted. The defendant shall file his reply to the government's answer on or before October 2, 2017. NO FURTHER EXTENSIONS WILL BE GRANTED ABSENT GOOD CAUSE as to Joshua Welch. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)( TCL)
January 24, 2018
PDF | More
ORDER: Counsel for the defendant notified the court on January 19, 2018 that counsel wishes the following exhibits held by the court in this matter to be destroyed: Defendant's Exhibits from hearing held 4/26/2013. Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerk's office is directed to destroy the above-listed exhibits 14 days from the date of this order as to defendant Thomas Spencer. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
January 24, 2018
PDF | More
ORDER: Counsel for the defendant notified the court on January 19, 2018 that counsel wishes the following exhibits held by the court in this matter to be destroyed: Defendant's Exhibits from hearings held 9/4/2014 and 1/12/2015. Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerk's office is directed to destroy the above-listed exhibits 14 days from the date of this order as to defendant Warren Tidwell. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
January 24, 2018
PDF | More
ORDER: Counsel for the defendant notified the court on January 24, 2018 that counsel wishes the following exhibits held by the court in this matter to be destroyed: Defendant's Exhibits from hearing held 5/6/2013. Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerk's office is directed to destroy the above-listed exhibits 14 days from the date of this order as to defendant Russell Glenn Pierce. Ordered by Senior Judge Joseph F. Bataillon. (ADB)