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13-108 - USA v. Cottom et al


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13-108 - USA v. Cottom et al
April 25, 2013
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ORDER APPOINTING COUNSEL as to defendant Kirk Cottom - Joseph F. Gross, Jr. is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
May 7, 2013
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ORDER that the Clerk of Court is directed to fax or email the referenced documents and text orders to the defendant's attorney, Joseph F. Gross, Jr. at 402.391.6221 or [email protected] The clerk shall provide a copy of this order to Joseph F. Gross, Jr. Further, until this matter is unsealed, all documents shall be delivered to the clerk for filing as to defendant(s) Kirk Cottom. Ordered by Magistrate Judge Thomas D. Thalken. (JLS, )
May 15, 2013
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ORDER granting 28 Motion to Amend as to Kirk Cottom (1). Ordered by Judge Joseph F. Bataillon. (Copy to USA and defendants counsel)(ADB)
May 22, 2013
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ORDER APPOINTING COUNSEL as to defendant Kevin M. Pitman - Julie A. Frank is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
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 Kirk Cottom, Kevin M. Pitman. 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 Kirk Cottom, Kevin M. Pitman. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
June 14, 2013
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ORDER granting 48 SEALED MOTION as to Kirk Cottom (1), John Doe #2 (2), and Kevin M. Pitman (3). 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 48 SEALED MOTION as to Kirk Cottom (1), John Doe #2 (2), and Kevin M. Pitman (3). 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 48 SEALED MOTION as to Kirk Cottom (1), John Doe #2 (2), and Kevin M. Pitman (3). 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)
September 4, 2013
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ORDER granting 55 Motion to Continue as to Kirk Cottom (1). All defendants are given until on or before October 18, 2013, in which to file pretrial motions pursuant to the progression order. The time between September 6, 2013, and October 18, 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. (ADB)ORDER granting 55 Motion to Continue as to Kirk Cottom (1). All defendants are given until on or before October 18, 2013, in which to file pretrial motions pursuant to the progression order. The time between September 6, 2013, and October 18, 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. (ADB)
September 16, 2013
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ORDER granting 57 Motion to Extend as to Kirk Cottom (1), John Doe #2 (2) and Kevin M. Pitman (3). The government shall file its omnibus response to all defendants' motions on or before November 1, 2013. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)ORDER granting 57 Motion to Extend as to Kirk Cottom (1), John Doe #2 (2) and Kevin M. Pitman (3). The government shall file its omnibus response to all defendants' motions on or before November 1, 2013. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)ORDER granting 57 Motion to Extend as to Kirk Cottom (1), John Doe #2 (2) and Kevin M. Pitman (3). The government shall file its omnibus response to all defendants' motions on or before November 1, 2013. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
October 18, 2013
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ORDER denying 51 Motion to Sever as to Kirk Cottom (1); denying 59 Motion to Sever as to Kevin M. Pitman (3); Pitman's request for a hearing (Filing No. 59) is denied. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)ORDER denying 51 Motion to Sever as to Kirk Cottom (1); denying 59 Motion to Sever as to Kevin M. Pitman (3); Pitman's request for a hearing (Filing No. 59) is denied. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)ORDER denying 51 Motion to Sever as to Kirk Cottom (1); denying 59 Motion to Sever as to Kevin M. Pitman (3); Pitman's request for a hearing (Filing No. 59) is denied. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
November 20, 2013
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ORDER granting 81 Motion to Continue suppression hearing as to Kirk Cottom (1) and granting 82 Motion to Continue suppression hearing as to Kevin M. Pitman (3). The suppression hearing on their motion to suppress will be rescheduled following the arraignment of the third defendant David Smith on November 25, 2013. Ordered by Magistrate Judge Thomas D. Thalken. ( ADB, )ORDER granting 81 Motion to Continue suppression hearing as to Kirk Cottom (1) and granting 82 Motion to Continue suppression hearing as to Kevin M. Pitman (3). The suppression hearing on their motion to suppress will be rescheduled following the arraignment of the third defendant David Smith on November 25, 2013. Ordered by Magistrate Judge Thomas D. Thalken. ( ADB, )ORDER granting 81 Motion to Continue suppression hearing as to Kirk Cottom (1) and granting 82 Motion to Continue suppression hearing as to Kevin M. Pitman (3). The suppression hearing on their motion to suppress will be rescheduled following the arraignment of the third defendant David Smith on November 25, 2013. Ordered by Magistrate Judge Thomas D. Thalken. ( ADB, )
November 25, 2013
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ORDER that defendant Smith's oral motion for an extension of time to file pretrial motions is granted. Smith shall have to on or before January 31, 2014 in which to file pretrial motions. The time between 11/25/13 and 1/31/14 shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to defendant David Smith. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
December 12, 2013
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MEMORANDUM AND ORDER that defendants Cottom's and Pitman's Objection to Magistrate Judge Order (Filing Nos. 71, 73, and 75) are sustained. The magistrate judge's order (Filing No. 63) is reversed. The defendants' motions to sever (Filing Nos. 51 and 59) are granted. This action is to be tried separately with respect to each defendant as to Kirk Cottom (1), David Smith (2), and Kevin M. Pitman (3). Ordered by Judge Joseph F. Bataillon. (ADB)MEMORANDUM AND ORDER that defendants Cottom's and Pitman's Objection to Magistrate Judge Order (Filing Nos. 71, 73, and 75) are sustained. The magistrate judge's order (Filing No. 63) is reversed. The defendants' motions to sever (Filing Nos. 51 and 59) are granted. This action is to be tried separately with respect to each defendant as to Kirk Cottom (1), David Smith (2), and Kevin M. Pitman (3). Ordered by Judge Joseph F. Bataillon. (ADB)MEMORANDUM AND ORDER that defendants Cottom's and Pitman's Objection to Magistrate Judge Order (Filing Nos. 71, 73, and 75) are sustained. The magistrate judge's order (Filing No. 63) is reversed. The defendants' motions to sever (Filing Nos. 51 and 59) are granted. This action is to be tried separately with respect to each defendant as to Kirk Cottom (1), David Smith (2), and Kevin M. Pitman (3). Ordered by Judge Joseph F. Bataillon. (ADB)
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 Kirk Cottom, David Smith and Kevin M. Pitman. 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 Kirk Cottom, David Smith and Kevin M. Pitman. 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 Kirk Cottom, David Smith and Kevin M. Pitman. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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 as to defendants Kirk Cottom, David Smith and Kevin M. Pitman. Pursuant to NECrimR 59.2 any objection to this Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Findings and Recommendation. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)FINDINGS AND RECOMMENDATION to Judge Joseph Bataillon that: the MOTIONS to Suppress 144, 140, 161, 142 and 145 be denied as to defendants Russell Glenn Pierce, David William Peer, Warren Tidwell, Joshua Welch and Thomas Spencer. The motions in 8:13CR107, Filing No. 121 (Diberardino), Filing No. 124 (Huyck), Filing No. 196 (Laurita), and Filing Nos. 117 and 131 (Reibert) be denied. The motions to suppress in 8:13CR108, Filing No. 53 (Cottom), Filing No. 107 (Smith), and Filing No. 64 (Pitman) be denied as to defendants Kirk Cottom, David Smith and Kevin M. Pitman. Pursuant to NECrimR 59.2 any objection to this Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Findings and Recommendation. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)FINDINGS AND RECOMMENDATION to Judge Joseph Bataillon that: the MOTIONS to Suppress 144, 140, 161, 142 and 145 be denied as to defendants Russell Glenn Pierce, David William Peer, Warren Tidwell, Joshua Welch and Thomas Spencer. The motions in 8:13CR107, Filing No. 121 (Diberardino), Filing No. 124 (Huyck), Filing No. 196 (Laurita), and Filing Nos. 117 and 131 (Reibert) be denied. The motions to suppress in 8:13CR108, Filing No. 53 (Cottom), Filing No. 107 (Smith), and Filing No. 64 (Pitman) be denied as to defendants Kirk Cottom, David Smith and Kevin M. Pitman. Pursuant to NECrimR 59.2 any objection to this Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Findings and Recommendation. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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 Kirk Cottom (1). 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 Kirk Cottom (1). 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 Kirk Cottom (1). Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
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)
October 27, 2014
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ORDER granting Smith's 159 Motion to Continue trial. Trial of this matter is re- scheduled for February 2, 2015, before Senior Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between October 27, 2014, and February 2, 2015, shall be deemed excludable time in anycomputation of time under the requirement of the Speedy Trial Act as to David Smith (2). Ordered by Magistrate Judge Thomas D. Thalken. ( MKR )
October 28, 2014
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ORDER granting 161 Motion to Continue Trial as to Kevin M. Pitman (3). Jury Trial rescheduled for 2/2/2015 before Senior Judge Joseph F. Bataillon and a jury. The time between 10/28/14 and 2/2/15 is deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
February 5, 2015
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ORDER APPOINTING COUNSEL - CJA Counsel Joseph L. Howard is appointed as co-counsel to represent the defendant in this matter as to defendant Kirk Cottom. Ordered by Senior Judge Joseph F. Bataillon. (E-mailed to FPD)(ADB)
March 11, 2015
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ORDER granting Cottom's 186 Motion to Continue trial. Trial of this matter is re-scheduled for August 3, 2015, before Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between March 11, 2015, and August 3, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason that defendant's counsel requires additional time to adequately prepare the case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(7)(A) & (B). Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
June 26, 2015
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JUDGMENT as to Kevin M. Pitman (3), Count 2s - Defendant pleaded guilty to count II of the Second Superseding Indictment and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of forty-eight (48) months; 5 years supervised release; $100.00 special assessment (paid). The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons on or before July 29, 2015. Counts 1, 1s, 2 - The 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 Kevin M. Pitman. Ordered by Senior Judge Joseph F. Bataillon. (4 Certified copies to USM) (ADB)
June 26, 2015
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JUDGMENT as to David Smith (2), ; Count 2s - Defendant pleaded guilty to count II of the Second Superseding Indictment and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of forty-eight (48) months; 8 years supervised release; $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, 2 - The 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 David Smith. Ordered by Senior Judge Joseph F. Bataillon. (4 Certified copies to USM)(ADB, )
December 22, 2015
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MEMORANDUM AND ORDER - IT IS ORDERED that: The defendant's motion in limine (Filing No. 215) and renewed oral motion to suppress are denied as to Kirk Cottom. Ordered by Senior Judge Joseph F. Bataillon. ( TCL)
December 29, 2015
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Kirk Cottom. Ordered by Senior Judge Joseph F. Bataillon. (JSF)
October 3, 2016
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ORDER - IT IS THEREFORE ORDERED as follows: The United States' Motion to Dismiss Forfeiture Allegation is hereby sustained. The Forfeiture Allegation of the Second Superseding Indictment is hereby dismissed as to defendants Kirk Cottom, David Smith, Kevin M. Pitman. Ordered by Senior Judge Joseph F. Bataillon. (1 Certified copy to USM)( TCL)ORDER - IT IS THEREFORE ORDERED as follows: The United States' Motion to Dismiss Forfeiture Allegation is hereby sustained. The Forfeiture Allegation of the Second Superseding Indictment is hereby dismissed as to defendants Kirk Cottom, David Smith, Kevin M. Pitman. Ordered by Senior Judge Joseph F. Bataillon. (1 Certified copy to USM)( TCL)ORDER - IT IS THEREFORE ORDERED as follows: The United States' Motion to Dismiss Forfeiture Allegation is hereby sustained. The Forfeiture Allegation of the Second Superseding Indictment is hereby dismissed as to defendants Kirk Cottom, David Smith, Kevin M. Pitman. Ordered by Senior Judge Joseph F. Bataillon. (1 Certified copy to USM)( TCL)
May 2, 2018
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ORDER: counsel for the defendant shall either 1) withdraw the following exhibits previously submitted in this matter within 14 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed regarding Exhibit List 240 from motion hearing held August 3, 2015 as to defendant Kirk Cottom. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
May 18, 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, together with a brief on the merits, within 21 days of the date of this order. The defendant shall have 21 days thereafter to file a response as to defendant Kirk Cottom. Ordered by Senior Judge Joseph F. Bataillon. (TCL)