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13-107 - USA v. Doe #1 et al


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13-107 - USA v. Doe #1 et al
April 25, 2013
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ORDER APPOINTING COUNSEL as to defendant Brandon Moore - Dana C. Bradford, III is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
May 2, 2013
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ORDER of Detention pending trial as to defendant Michael Huyck. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
May 7, 2013
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ORDER granting 53 Defendant's Motion to Extend as to Michael Huyck (6). Pretrial Motion Deadline continued to 6/10/2013. The time between May 7, 2013, and June 10, 2013, 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. (Copy to USA and defendant's counsel)(JAB)
May 29, 2013
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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 Vincent Diberardino, Michael Huyck, Brandon Moore, John Sebes, Gary Reibert. 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 Vincent Diberardino, Michael Huyck, Brandon Moore, John Sebes, Gary Reibert. 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 Vincent Diberardino, Michael Huyck, Brandon Moore, John Sebes, Gary Reibert. 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 Vincent Diberardino, Michael Huyck, Brandon Moore, John Sebes, Gary Reibert. 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 Vincent Diberardino, Michael Huyck, Brandon Moore, John Sebes, Gary Reibert. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
June 14, 2013
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ORDER granting 90 SEALED MOTION as to John Doe #1 (1), John Doe #2 (2), John Doe #3 (3), Vincent Diberardino (4), John Doe #5 (5), Michael Huyck (6), John Doe #7 (7), John Doe #8 (8), Brandon Moore (9), John Sebes (10), and Gary Reibert (11). 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 90 SEALED MOTION as to John Doe #1 (1), John Doe #2 (2), John Doe #3 (3), Vincent Diberardino (4), John Doe #5 (5), Michael Huyck (6), John Doe #7 (7), John Doe #8 (8), Brandon Moore (9), John Sebes (10), and Gary Reibert (11). 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 90 SEALED MOTION as to John Doe #1 (1), John Doe #2 (2), John Doe #3 (3), Vincent Diberardino (4), John Doe #5 (5), Michael Huyck (6), John Doe #7 (7), John Doe #8 (8), Brandon Moore (9), John Sebes (10), and Gary Reibert (11). 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 90 SEALED MOTION as to John Doe #1 (1), John Doe #2 (2), John Doe #3 (3), Vincent Diberardino (4), John Doe #5 (5), Michael Huyck (6), John Doe #7 (7), John Doe #8 (8), Brandon Moore (9), John Sebes (10), and Gary Reibert (11). 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 90 SEALED MOTION as to John Doe #1 (1), John Doe #2 (2), John Doe #3 (3), Vincent Diberardino (4), John Doe #5 (5), Michael Huyck (6), John Doe #7 (7), John Doe #8 (8), Brandon Moore (9), John Sebes (10), and Gary Reibert (11). 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 90 SEALED MOTION as to John Doe #1 (1), John Doe #2 (2), John Doe #3 (3), Vincent Diberardino (4), John Doe #5 (5), Michael Huyck (6), John Doe #7 (7), John Doe #8 (8), Brandon Moore (9), John Sebes (10), and Gary Reibert (11). 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 90 SEALED MOTION as to John Doe #1 (1), John Doe #2 (2), John Doe #3 (3), Vincent Diberardino (4), John Doe #5 (5), Michael Huyck (6), John Doe #7 (7), John Doe #8 (8), Brandon Moore (9), John Sebes (10), and Gary Reibert (11). 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 90 SEALED MOTION as to John Doe #1 (1), John Doe #2 (2), John Doe #3 (3), Vincent Diberardino (4), John Doe #5 (5), Michael Huyck (6), John Doe #7 (7), John Doe #8 (8), Brandon Moore (9), John Sebes (10), and Gary Reibert (11). 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 90 SEALED MOTION as to John Doe #1 (1), John Doe #2 (2), John Doe #3 (3), Vincent Diberardino (4), John Doe #5 (5), Michael Huyck (6), John Doe #7 (7), John Doe #8 (8), Brandon Moore (9), John Sebes (10), and Gary Reibert (11). 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 90 SEALED MOTION as to John Doe #1 (1), John Doe #2 (2), John Doe #3 (3), Vincent Diberardino (4), John Doe #5 (5), Michael Huyck (6), John Doe #7 (7), John Doe #8 (8), Brandon Moore (9), John Sebes (10), and Gary Reibert (11). 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 90 SEALED MOTION as to John Doe #1 (1), John Doe #2 (2), John Doe #3 (3), Vincent Diberardino (4), John Doe #5 (5), Michael Huyck (6), John Doe #7 (7), John Doe #8 (8), Brandon Moore (9), John Sebes (10), and Gary Reibert (11). 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)
July 24, 2013
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ORDER - Upon a review of the Superseding Indictment and of the representations made by the parties regarding the extent of discovery made available in this matter, the court finds a bill of particulars, as sought by Reibert is not warranted in this matter as he seeks evidentiary material and seeks to have the government marshal the evidence for trial. Accordingly, the motion for a bill of particulars (Filing No. 93) is denied, without prejudice as to Gary Reibert (11). Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
July 26, 2013
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ORDER granting 97 Defendant's Motion to Modify Conditions of Release as to John Sebes (10). Ordered by Magistrate Judge Thomas D. Thalken. (JAB)
August 9, 2013
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ORDER - Defendant Reibert's motion for an extension of time (Filing No. 99) is granted. All defendants are given until on or before October 1, 2013, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between September 6, 2013, and October 1, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to all defendants. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)ORDER - Defendant Reibert's motion for an extension of time (Filing No. 99) is granted. All defendants are given until on or before October 1, 2013, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between September 6, 2013, and October 1, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to all defendants. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)ORDER - Defendant Reibert's motion for an extension of time (Filing No. 99) is granted. All defendants are given until on or before October 1, 2013, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between September 6, 2013, and October 1, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to all defendants. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)ORDER - Defendant Reibert's motion for an extension of time (Filing No. 99) is granted. All defendants are given until on or before October 1, 2013, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between September 6, 2013, and October 1, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to all defendants. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)ORDER - Defendant Reibert's motion for an extension of time (Filing No. 99) is granted. All defendants are given until on or before October 1, 2013, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between September 6, 2013, and October 1, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to all defendants. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)ORDER - Defendant Reibert's motion for an extension of time (Filing No. 99) is granted. All defendants are given until on or before October 1, 2013, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between September 6, 2013, and October 1, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to all defendants. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)ORDER - Defendant Reibert's motion for an extension of time (Filing No. 99) is granted. All defendants are given until on or before October 1, 2013, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between September 6, 2013, and October 1, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to all defendants. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)ORDER - Defendant Reibert's motion for an extension of time (Filing No. 99) is granted. All defendants are given until on or before October 1, 2013, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between September 6, 2013, and October 1, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to all defendants. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)ORDER - Defendant Reibert's motion for an extension of time (Filing No. 99) is granted. All defendants are given until on or before October 1, 2013, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between September 6, 2013, and October 1, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to all defendants. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)ORDER - Defendant Reibert's motion for an extension of time (Filing No. 99) is granted. All defendants are given until on or before October 1, 2013, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between September 6, 2013, and October 1, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to all defendants. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)ORDER - Defendant Reibert's motion for an extension of time (Filing No. 99) is granted. All defendants are given until on or before October 1, 2013, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between September 6, 2013, and October 1, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to all defendants. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
September 26, 2013
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ORDER - Defendant Reibert's motion for an extension of time (Filing No. 101) is granted. Reibert is given until on or before November 1, 2013, in which to file pretrial motions pursuant to the progression order. 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 September 26, 2013, and November 1, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to Gary Reibert (11). Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
September 30, 2013
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ORDER - Defendant Huyck's motion for an extension of time (Filing No. 103) is granted. Huyck is given until on or before November 1, 2013, in which to file pretrial motions pursuant to the progression order. 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 September 30, 2013, and November 1, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to defendant Michael Huyck. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
October 1, 2013
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ORDER - Defendant Moore's motion for an extension of time (Filing No. 105) is granted. Moore is given until on or before November 1, 2013, in which to file pretrial motions pursuant to the progression order. 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 October 1, 2013, and November 1, 2013, shall be deemed excludable time in any computation of time under the requirement of theSpeedy Trial Act as to Brandon Moore (9). Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
October 2, 2013
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ORDER - Defendant Diberardino's motion for an extension of time (Filing No. 107) is granted. Moore is given until on or before November 1, 2013, in which to file pretrial motions pursuant to the progression order. 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 October 2, 2013, and November 1, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to Vincent Diberardino (4). Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
November 4, 2013
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ORDER as to defendant Michael Huyck (6). This matter is before the court on defendant Michael Huyck's (Huyck) motion for an extension of time to file discovery motions (Filing No. 123). The motion will be granted to the extent Huyck may file additional discovery or pretrial motions based on discovery materials supplied to him after November 1, 2013. Any such motions shall be filed within ten workings days of the delivery of such discovery material to Huyck. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)
November 4, 2013
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ORDER as to defendants John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. Unless specifically requested by a party for good cause, the arraignment on the Second Superseding Indictment in this matter shall immediately precede jury selection, any pretrial hearing or the change of plea hearing, whichever is applicable. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER as to defendants John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. Unless specifically requested by a party for good cause, the arraignment on the Second Superseding Indictment in this matter shall immediately precede jury selection, any pretrial hearing or the change of plea hearing, whichever is applicable. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER as to defendants John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. Unless specifically requested by a party for good cause, the arraignment on the Second Superseding Indictment in this matter shall immediately precede jury selection, any pretrial hearing or the change of plea hearing, whichever is applicable. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER as to defendants John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. Unless specifically requested by a party for good cause, the arraignment on the Second Superseding Indictment in this matter shall immediately precede jury selection, any pretrial hearing or the change of plea hearing, whichever is applicable. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER as to defendants John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. Unless specifically requested by a party for good cause, the arraignment on the Second Superseding Indictment in this matter shall immediately precede jury selection, any pretrial hearing or the change of plea hearing, whichever is applicable. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER as to defendants John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. Unless specifically requested by a party for good cause, the arraignment on the Second Superseding Indictment in this matter shall immediately precede jury selection, any pretrial hearing or the change of plea hearing, whichever is applicable. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER as to defendants John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. Unless specifically requested by a party for good cause, the arraignment on the Second Superseding Indictment in this matter shall immediately precede jury selection, any pretrial hearing or the change of plea hearing, whichever is applicable. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER as to defendants John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. Unless specifically requested by a party for good cause, the arraignment on the Second Superseding Indictment in this matter shall immediately precede jury selection, any pretrial hearing or the change of plea hearing, whichever is applicable. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER as to defendants John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. Unless specifically requested by a party for good cause, the arraignment on the Second Superseding Indictment in this matter shall immediately precede jury selection, any pretrial hearing or the change of plea hearing, whichever is applicable. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER as to defendants John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. Unless specifically requested by a party for good cause, the arraignment on the Second Superseding Indictment in this matter shall immediately precede jury selection, any pretrial hearing or the change of plea hearing, whichever is applicable. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER as to defendants John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. Unless specifically requested by a party for good cause, the arraignment on the Second Superseding Indictment in this matter shall immediately precede jury selection, any pretrial hearing or the change of plea hearing, whichever is applicable. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)
November 19, 2013
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ORDER as to defendant Anthony Laurita - CJA Counsel Mark W. Bubak is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
November 25, 2013
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ORDER as to defendant Anthony Laurita. Laurita's motion for an extension of time to file pretrial motions is granted. Laurita shall have to on or before December 31, 2013, in which to file pretrial motions in accordance with the progression order. 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., from November 25, 2013, and December 31, 2013, 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. (AOA)
December 5, 2013
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ORDER granting 150 Motion to Modify Conditions of Release as to John Sebes (10). All remaining conditions of release shall remain in effect. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
December 30, 2013
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ORDER - Defendant Laurita's motion for an extension of time (Filing No. 169) is granted. Laurita is given until on or before March 6, 2014, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motions 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 December 30, 2013, and March 6, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to Anthony Laurita (7). Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
January 2, 2014
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ORDER - The motion (Filing No. 171) held in abeyance pending compliance with NECrimR 12.1(a) and Paragraph 9 of the Progression Order. Absent compliance on or before January 13, 2014, the motion will be deemed withdrawn and termed on the docket as to Gary Reibert (11). Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
January 17, 2014
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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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore, John Sebes, Gary Reibert. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
January 27, 2014
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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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore and John Sebes and Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore and John Sebes and Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore and John Sebes and Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore and John Sebes and Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore and John Sebes and Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore and John Sebes and Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore and John Sebes and Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore and John Sebes and Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore and John Sebes and Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore and John Sebes and Gary Reibert. 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 John Doe #1, John Doe #2, John Doe #3, Vincent Diberardino, John Doe #5, Michael Huyck, Anthony Laurita, John Doe #8, Brandon Moore and John Sebes and Gary Reibert. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
February 6, 2014
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ORDER denying Reibert's 177 Motion for Release as to Gary Reibert (11). Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
May 16, 2014
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ORDER regarding MOTION to Modify Conditions of Release 226 as to defendant John Sebes. The motion has been granted and the defendant's pre-trial release is temporarily modified with two additional conditions. All remaining conditions of release remain in effect. Ordered by District Judge Joseph F. Bataillon. (KMG)
July 3, 2014
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ORDER granting 246 Motion to Modify Conditions of Release as to John Sebes. The defendant is granted permission for overnight travel to and from the Boston, Massachusetts, area on July 23-27, 2014. Ordered by Judge Joseph F. Bataillon. (KMG)
July 23, 2014
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ORDER granting 249 Motion to Modify Conditions of Release as to Vincent Diberardino. The defendant has permission to move to his residence in Westerly, Rhode Island. The defendant shall consult with Pretrial Services and execute a consent to modify the conditions of his release. Ordered by Magistrate Judge Thomas D. Thalken. (KMG)
July 28, 2014
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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 as to defendants Vincent Diberardino, Michael Huyck, Anthony Laurita, Brandon Moore, John Sebes, Gary Reibert. 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 as to defendants Vincent Diberardino, Michael Huyck, Anthony Laurita, Brandon Moore, John Sebes, Gary Reibert. 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 as to defendants Vincent Diberardino, Michael Huyck, Anthony Laurita, Brandon Moore, John Sebes, Gary Reibert. 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 as to defendants Vincent Diberardino, Michael Huyck, Anthony Laurita, Brandon Moore, John Sebes, Gary Reibert. 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 as to defendants Vincent Diberardino, Michael Huyck, Anthony Laurita, Brandon Moore, John Sebes, Gary Reibert. 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 as to defendants Vincent Diberardino, Michael Huyck, Anthony Laurita, Brandon Moore, John Sebes, Gary Reibert. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
August 6, 2014
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ORDER- These matters are before the court on motions for an extension of time to file objections to the magistrate's Report and Recommendation on the motions to suppress by defendant Peer in 8:13CR106 (Filing No. 208 ) and by defendant Cottom in 8:13CR108 (Filing No. 149). The motions will be granted. Furthermore, to avoid the filing of identical motions by the various defendants, the court will extend the time to August 22, 2014, for all defendants in all the above-captioned cases to file their objections to the magistrate judge's July 28, 2014, Report and Recommendation concerning the NIT warrants suppression issues. The government shall have to on or before September 12, 2014, to file an omnibus response as to defendant Vincent Diberardino, Michael Huyck, Anthony Laurita, Brandon Moore, John Sebes, Gary Reibert. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER- These matters are before the court on motions for an extension of time to file objections to the magistrate's Report and Recommendation on the motions to suppress by defendant Peer in 8:13CR106 (Filing No. 208 ) and by defendant Cottom in 8:13CR108 (Filing No. 149). The motions will be granted. Furthermore, to avoid the filing of identical motions by the various defendants, the court will extend the time to August 22, 2014, for all defendants in all the above-captioned cases to file their objections to the magistrate judge's July 28, 2014, Report and Recommendation concerning the NIT warrants suppression issues. The government shall have to on or before September 12, 2014, to file an omnibus response as to defendant Vincent Diberardino, Michael Huyck, Anthony Laurita, Brandon Moore, John Sebes, Gary Reibert. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER- These matters are before the court on motions for an extension of time to file objections to the magistrate's Report and Recommendation on the motions to suppress by defendant Peer in 8:13CR106 (Filing No. 208 ) and by defendant Cottom in 8:13CR108 (Filing No. 149). The motions will be granted. Furthermore, to avoid the filing of identical motions by the various defendants, the court will extend the time to August 22, 2014, for all defendants in all the above-captioned cases to file their objections to the magistrate judge's July 28, 2014, Report and Recommendation concerning the NIT warrants suppression issues. The government shall have to on or before September 12, 2014, to file an omnibus response as to defendant Vincent Diberardino, Michael Huyck, Anthony Laurita, Brandon Moore, John Sebes, Gary Reibert. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER- These matters are before the court on motions for an extension of time to file objections to the magistrate's Report and Recommendation on the motions to suppress by defendant Peer in 8:13CR106 (Filing No. 208 ) and by defendant Cottom in 8:13CR108 (Filing No. 149). The motions will be granted. Furthermore, to avoid the filing of identical motions by the various defendants, the court will extend the time to August 22, 2014, for all defendants in all the above-captioned cases to file their objections to the magistrate judge's July 28, 2014, Report and Recommendation concerning the NIT warrants suppression issues. The government shall have to on or before September 12, 2014, to file an omnibus response as to defendant Vincent Diberardino, Michael Huyck, Anthony Laurita, Brandon Moore, John Sebes, Gary Reibert. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER- These matters are before the court on motions for an extension of time to file objections to the magistrate's Report and Recommendation on the motions to suppress by defendant Peer in 8:13CR106 (Filing No. 208 ) and by defendant Cottom in 8:13CR108 (Filing No. 149). The motions will be granted. Furthermore, to avoid the filing of identical motions by the various defendants, the court will extend the time to August 22, 2014, for all defendants in all the above-captioned cases to file their objections to the magistrate judge's July 28, 2014, Report and Recommendation concerning the NIT warrants suppression issues. The government shall have to on or before September 12, 2014, to file an omnibus response as to defendant Vincent Diberardino, Michael Huyck, Anthony Laurita, Brandon Moore, John Sebes, Gary Reibert. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER- These matters are before the court on motions for an extension of time to file objections to the magistrate's Report and Recommendation on the motions to suppress by defendant Peer in 8:13CR106 (Filing No. 208 ) and by defendant Cottom in 8:13CR108 (Filing No. 149). The motions will be granted. Furthermore, to avoid the filing of identical motions by the various defendants, the court will extend the time to August 22, 2014, for all defendants in all the above-captioned cases to file their objections to the magistrate judge's July 28, 2014, Report and Recommendation concerning the NIT warrants suppression issues. The government shall have to on or before September 12, 2014, to file an omnibus response as to defendant Vincent Diberardino, Michael Huyck, Anthony Laurita, Brandon Moore, John Sebes, Gary Reibert. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
August 11, 2014
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ORDER granting 255 Motion to Appoint Counsel as to Michael Huyck (6). Following an examination of Mr. Hug's affidavit, the court determines it will be in the interest of justice to appoint Mr. Hug,1823 Harney Street, #1004, Omaha, NE 68102, (402) 346-1733, to represent Huyck for the balance of these proceedings commencing as of August 11, 2014. The clerk shall provide a copy of this order to the Office of the Federal Public Defender. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)(Copy to FPD)
September 18, 2014
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ORDER granting 287 Motion to Extend as to defendant Gary Reibert (11). Reibert's motion to suppress (Filing No. 117) is scheduled for an evidentiary hearing before the undersigned magistrate judge at 8:30 a.m. on November 17, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. This being a criminal case, defendant must be present unless otherwise ordered by the court. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER granting 287 Motion to Extend as to defendant Gary Reibert (11). Reibert's motion to suppress (Filing No. 117) is scheduled for an evidentiary hearing before the undersigned magistrate judge at 8:30 a.m. on November 17, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. This being a criminal case, defendant must be present unless otherwise ordered by the court. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER granting 287 Motion to Extend as to defendant Gary Reibert (11). Reibert's motion to suppress (Filing No. 117) is scheduled for an evidentiary hearing before the undersigned magistrate judge at 8:30 a.m. on November 17, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. This being a criminal case, defendant must be present unless otherwise ordered by the court. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER granting 287 Motion to Extend as to defendant Gary Reibert (11). Reibert's motion to suppress (Filing No. 117) is scheduled for an evidentiary hearing before the undersigned magistrate judge at 8:30 a.m. on November 17, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. This being a criminal case, defendant must be present unless otherwise ordered by the court. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER granting 287 Motion to Extend as to defendant Gary Reibert (11). Reibert's motion to suppress (Filing No. 117) is scheduled for an evidentiary hearing before the undersigned magistrate judge at 8:30 a.m. on November 17, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. This being a criminal case, defendant must be present unless otherwise ordered by the court. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER granting 287 Motion to Extend as to defendant Gary Reibert (11). Reibert's motion to suppress (Filing No. 117) is scheduled for an evidentiary hearing before the undersigned magistrate judge at 8:30 a.m. on November 17, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. This being a criminal case, defendant must be present unless otherwise ordered by the court. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER granting 287 Motion to Extend as to defendant Gary Reibert (11). Reibert's motion to suppress (Filing No. 117) is scheduled for an evidentiary hearing before the undersigned magistrate judge at 8:30 a.m. on November 17, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. This being a criminal case, defendant must be present unless otherwise ordered by the court. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER granting 287 Motion to Extend as to defendant Gary Reibert (11). Reibert's motion to suppress (Filing No. 117) is scheduled for an evidentiary hearing before the undersigned magistrate judge at 8:30 a.m. on November 17, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. This being a criminal case, defendant must be present unless otherwise ordered by the court. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER granting 287 Motion to Extend as to defendant Gary Reibert (11). Reibert's motion to suppress (Filing No. 117) is scheduled for an evidentiary hearing before the undersigned magistrate judge at 8:30 a.m. on November 17, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. This being a criminal case, defendant must be present unless otherwise ordered by the court. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER granting 287 Motion to Extend as to defendant Gary Reibert (11). Reibert's motion to suppress (Filing No. 117) is scheduled for an evidentiary hearing before the undersigned magistrate judge at 8:30 a.m. on November 17, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. This being a criminal case, defendant must be present unless otherwise ordered by the court. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)ORDER granting 287 Motion to Extend as to defendant Gary Reibert (11). Reibert's motion to suppress (Filing No. 117) is scheduled for an evidentiary hearing before the undersigned magistrate judge at 8:30 a.m. on November 17, 2014, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. This being a criminal case, defendant must be present unless otherwise ordered by the court. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)
October 14, 2014
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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)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 15, 2014
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FINDINGS AND RECOMMENDATION regarding MOTION to Suppress Statement filing 193 as to defendant Anthony Laurita. IT IS RECOMMENDED TO SENIOR DISTRICT JUDGE JOSEPH F. BATAILLON that Laurita's Motion to Suppress Statement (Filing No. 193) 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. (GJG)
October 27, 2014
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ORDER granting the defendant's Motion to Sever 126 186 118 and 115 as to Michael Huyck (6), Anthony Laurita (7), Brandon Moore (9) and Gary Reibert (11) and separate trials will be ordered. 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. 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)ORDER granting the defendant's Motion to Sever 126 186 118 and 115 as to Michael Huyck (6), Anthony Laurita (7), Brandon Moore (9) and Gary Reibert (11) and separate trials will be ordered. 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. 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)ORDER granting the defendant's Motion to Sever 126 186 118 and 115 as to Michael Huyck (6), Anthony Laurita (7), Brandon Moore (9) and Gary Reibert (11) and separate trials will be ordered. 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. 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)ORDER granting the defendant's Motion to Sever 126 186 118 and 115 as to Michael Huyck (6), Anthony Laurita (7), Brandon Moore (9) and Gary Reibert (11) and separate trials will be ordered. 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. 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)ORDER granting the defendant's Motion to Sever 126 186 118 and 115 as to Michael Huyck (6), Anthony Laurita (7), Brandon Moore (9) and Gary Reibert (11) and separate trials will be ordered. 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. 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)ORDER granting the defendant's Motion to Sever 126 186 118 and 115 as to Michael Huyck (6), Anthony Laurita (7), Brandon Moore (9) and Gary Reibert (11) and separate trials will be ordered. 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. 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)ORDER granting the defendant's Motion to Sever 126 186 118 and 115 as to Michael Huyck (6), Anthony Laurita (7), Brandon Moore (9) and Gary Reibert (11) and separate trials will be ordered. 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. 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)ORDER granting the defendant's Motion to Sever 126 186 118 and 115 as to Michael Huyck (6), Anthony Laurita (7), Brandon Moore (9) and Gary Reibert (11) and separate trials will be ordered. 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. 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)ORDER granting the defendant's Motion to Sever 126 186 118 and 115 as to Michael Huyck (6), Anthony Laurita (7), Brandon Moore (9) and Gary Reibert (11) and separate trials will be ordered. 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. 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)ORDER granting the defendant's Motion to Sever 126 186 118 and 115 as to Michael Huyck (6), Anthony Laurita (7), Brandon Moore (9) and Gary Reibert (11) and separate trials will be ordered. 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. 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)ORDER granting the defendant's Motion to Sever 126 186 118 and 115 as to Michael Huyck (6), Anthony Laurita (7), Brandon Moore (9) and Gary Reibert (11) and separate trials will be ordered. 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. 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)
October 31, 2014
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FINDINGS AND RECOMMENDATION as to defendant Michael Huyck. IT IS RECOMMENDED to the Honorable Joseph F. Bataillon, Senior United States District Judge, that the motion to suppress (Filing No.[ 124]) as it relates to the staleness issue be denied as set forth in the oral Findings and Recommendation as will be reflected in the transcript. FURTHER, IT IS ORDERED: The clerk shall cause a transcript of the hearing to be prepared and filed. Pursuant to NECrimR 59.2 any objection to those Findings and Recommendations shall be filed with the Clerk of the Court within fourteen (14) days after the transcript has been filed. 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. (GJG)
November 7, 2014
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ORDER granting 313 Defendant's Motion to Continue as to Brandon Moore (9). Jury Trial continued to 1/5/2015 at 08:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. 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)(7)(A)&(B). Ordered by Magistrate Judge Thomas D. Thalken. (JAB)
December 1, 2014
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ORDER granting 334 Motion to Continue Trial as to Vincent Diberardino (4). Jury Trial set for 1/5/2015 at 08:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. The time between December 1, 2014, and January 5, 2015, 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. (GJG)
December 3, 2014
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JUDGMENT as to John Sebes (10), 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-two (42) months; The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons, as notified by the United States Marshal on or before January 21, 2015; 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 John Sebes. Ordered by Senior Judge Joseph F. Bataillon. (4 Certified copies to USM)(ADB, )
December 12, 2014
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FINDINGS AND RECOMMENDATION - IT IS RECOMMENDED TO SENIOR JUDGE JOSEPH F. BATAILLON that: Reiberts Motion to Suppress (Filing No. 117) 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. 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 as to defendant Gary Reibert. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
December 16, 2014
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MEMORANDUM AND ORDER - IT IS ORDERED that Defendant Laurita's objection (Filing No. 303) is sustained. The court will not adopt the Findings and Recommendation ("F&R") of the United States Magistrate Judge (Filing No. 295). Defendant Laurita's motion to suppress (Filing No. 193) is granted as to defendant Anthony Laurita. Ordered by Senior Judge Joseph F. Bataillon. ( TCL )
January 2, 2015
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ORDER granting 353 Motion to Continue Trial as to Brandon Moore. Jury Trial continued to 2/23/2015 at 08:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. 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 2, 2015, and February 23, 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. (KMG)
January 5, 2015
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ORDER as to defendant Michael Huyck. Trial of Case No. 8:13CR117 will be rescheduled to follow the trial in Case No. 8:13CR107. The additional time arising as a result of the granting of the rescheduling, i.e., the time until March 2, 2015, 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. (GJG)
January 23, 2015
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MEMORANDUM AND ORDER - IT IS ORDERED: Defendant Huyck's objections to the F&R (Filing No. 332) are overruled, The Findings and Recommendation of the magistrate judge (Filing No. 307) is hereby adopted. Defendant Huyck's motion to suppress (Filing No. 124) is denied as to Michael Huyck. Ordered by Senior Judge Joseph F. Bataillon. ( TCL )
January 27, 2015
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MEMORANDUM AND ORDER - IT IS ORDERED: Defendant Reibert's objections to the F&R (Filing No. 350) are overruled. The Findings and Recommendation of the magistrate judge (Filing No. 347) is hereby adopted. Defendant Reibert's motion to suppress (Filing No. 117) is denied as to Gary Reibert. Ordered by Senior Judge Joseph F. Bataillon. ( TCL )
February 10, 2015
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ORDER granting 374 Motion to Continue Trial as to Gary Reibert. Jury Trial is rescheduled for 4/13/2015 at 08:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. 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 February 10, 2015, and April 13, 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. (KMG)
August 10, 2015
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MEMORANDUM AND ORDER - IT IS ORDERED The defendant's motion for a judgment of acquittal or new trial (Filing No. 424 in 8:13CR107) is denied. The defendant's motion for a judgment of acquittal or new trial (Filing No. 41 in 8:15CR44) is granted with respect to Count I and denied with respect to Count II). The defendant's motion to vacate (Filing No. 42 in 8:15CR44) is denied as moot. The court accepts the jury's verdict on Counts I and II in Case No. 8:13CR107. The court will accept the jury's verdict on Count II in Case No. 8:15CR44, but finds insufficient evidence to support the jury's verdict on Count I in Case No. 8:15CR44. A Judgment in conformity with this Memorandum and Order will be entered at sentencing as to Michael Huyck. Ordered by Senior Judge Joseph F. Bataillon. ( TCL )
October 19, 2015
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SENTENCING ORDER - THEREFORE, IT IS ORDERED THAT: The defendant's oral motion for a variance is granted. A Judgment and Commitment and a Statement of Reasons in conformity with this Sentencing Order, and with the Court's findings at the sentencing hearing, will issue this date as to defendant Michael Huyck. Ordered by Senior Judge Joseph F. Bataillon. (TCL )
October 22, 2015
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Michael Huyck. Ordered by Magistrate Judge Thomas D. Thalken. (SLP)
October 29, 2015
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ORDER permitted the defendant to proceed on appeal in forma pauperis as to defendant Michael Huyck. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
April 28, 2016
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ORDER - IT IS ORDERED that defendant Laurita's motion for reconsideration (Filing No. 547) is denied without prejudice to reassertion as to Anthony Laurita. Ordered by Senior Judge Joseph F. Bataillon. ( TCL)
August 5, 2016
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MEMORANDUM AND ORDER that defendant's objection to the government's withdrawal of a stipulation on standing (Filing No. 558) is overruled; The defendant's motion for reconsideration (Filing No. 552) is granted; On reconsideration, the defendant's motion to suppress with respect to the NIT warrant (Filing No. 196) is denied as to Anthony Laurita (7). Ordered by Senior Judge Joseph F. Bataillon. (ADB)
November 22, 2016
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JUDGMENT as to Anthony Laurita (7), Count 2ss - The 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 fifty-four (54) months; 5 years supervised release with special conditions; $100.00 special assessment (paid). The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons, as notified by the United States Marshal. Counts 1, 1s, 1ss, 2, 2s - The Indictment, Superseding Indictment, Count I of the Second Superseding Indictment, and the forfeiture allegation are dismissed on the motion of the United States as to this defendant only as to defendant Anthony Laurita. Ordered by Senior Judge Joseph F. Bataillon. (4 Certified copies to USM)(ADB, )
January 24, 2018
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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 Motion to Suppress hearing held 9/9/2014. 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 Anthony Laurita. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
January 24, 2018
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ORDER: Counsel for the defendant notified the court on January 22, 2018 that counsel wishes the following exhibits held by the court in this matter to be destroyed: Defendant's Exhibits from hearing held 5/10/2013. 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 Vincent Diberardino. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
January 24, 2018
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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 hearings held 5/8/2013, 9/9/2014, and 11/17/2014. 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 Gary Reibert. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
May 4, 2018
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ORDER as to defendant Vincent Diberardino (4). The Defendant's Unopposed Motion to Vacate Bond Order and Conditions (Filing No. 603) is granted. Defendant's bond order in the United States District Court for the District of Connecticut (Filing No. 69-8) that was adopted in Nebraska is hereby vacated. Ordered by Magistrate Judge Susan M. Bazis. (JAB)
May 15, 2018
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ORDER - THEREFORE, IT IS ORDERED: On initial review, the court finds that summary dismissal is not appropriate. The United States shall file an answer to the defendant's § 2255 motion within 21 days of the date of this order as to defendant Michael Huyck. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
August 7, 2018
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MEMORANDUM AND ORDER - IT IS ORDERED THAT: The defendant's § 2255 motion, Filing No. 594 in 8:13CR107 and Filing No. 93 in 8:15CR44, is dismissed. No certificate of appealability will issue. A separate judgment will be entered in accordance with this memorandum and order as to Michael Huyck. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL) Civil Case 8:18-cv-00050-JFB closed.