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14-095 - USA v. Venditte et al


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14-095 - USA v. Venditte et al
April 21, 2014
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ORDER APPOINTING COUNSEL as to defendant Ruby A. Venditte - CJA Counsel Matthew M. Munderloh is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
April 21, 2014
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ORDER APPOINTING COUNSEL as to defendant John W. Wagstaffe - CJA Counsel Jason E. Troia is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
April 21, 2014
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ORDER granting the oral motions for an extension of time to file pretrial motions as to Louis A. Venditte (1), Ruby A. Venditte (2) and John W. Wagstaffe (3). The ends of justice have been served by granting such motions 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 motions, i.e., from April 21, 2014, and June 30, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason defendants' counsel require additional time to adequately prepare the case, taking into consideration due diligence of counsel, and the novelty and complexity of this 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)ORDER granting the oral motions for an extension of time to file pretrial motions as to Louis A. Venditte (1), Ruby A. Venditte (2) and John W. Wagstaffe (3). The ends of justice have been served by granting such motions 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 motions, i.e., from April 21, 2014, and June 30, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason defendants' counsel require additional time to adequately prepare the case, taking into consideration due diligence of counsel, and the novelty and complexity of this 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)ORDER granting the oral motions for an extension of time to file pretrial motions as to Louis A. Venditte (1), Ruby A. Venditte (2) and John W. Wagstaffe (3). The ends of justice have been served by granting such motions 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 motions, i.e., from April 21, 2014, and June 30, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason defendants' counsel require additional time to adequately prepare the case, taking into consideration due diligence of counsel, and the novelty and complexity of this 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 25, 2014
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ORDER granting Venditte's 33 Motion for an extension of timeas to Louis A. Venditte (1). All defendants are given until on or before September 30, 2014, 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 June 25, 2014, and September 30, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Pretrial Motion Deadline set for 9/30/2014. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)ORDER granting Venditte's 33 Motion for an extension of timeas to Louis A. Venditte (1). All defendants are given until on or before September 30, 2014, 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 June 25, 2014, and September 30, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Pretrial Motion Deadline set for 9/30/2014. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)ORDER granting Venditte's 33 Motion for an extension of timeas to Louis A. Venditte (1). All defendants are given until on or before September 30, 2014, 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 June 25, 2014, and September 30, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Pretrial Motion Deadline set for 9/30/2014. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
September 25, 2014
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ORDER granting Venditte's 38 Motion for Extension of Time. All defendants are given until on or before October 31, 2014, 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 25, 2014, and October 31, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to Ruby A. Venditte, Louis A. Venditte and John w. Wagstaffe. Pretrial Motion Deadline set for 10/31/2014. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)ORDER granting Venditte's 38 Motion for Extension of Time. All defendants are given until on or before October 31, 2014, 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 25, 2014, and October 31, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to Ruby A. Venditte, Louis A. Venditte and John w. Wagstaffe. Pretrial Motion Deadline set for 10/31/2014. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)ORDER granting Venditte's 38 Motion for Extension of Time. All defendants are given until on or before October 31, 2014, 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 25, 2014, and October 31, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to Ruby A. Venditte, Louis A. Venditte and John w. Wagstaffe. Pretrial Motion Deadline set for 10/31/2014. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
November 12, 2014
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ORDER granting Venditte's 41 Motion to Continue trial. Trial of this matter as to all defendants is re-scheduled for January 5, 2015, before Senior Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between November 12, 2014, and January 5, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to defendants Louis A. Venditte, Ruby A. Venditte, and John W. Wagstaffe. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)ORDER granting Venditte's 41 Motion to Continue trial. Trial of this matter as to all defendants is re-scheduled for January 5, 2015, before Senior Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between November 12, 2014, and January 5, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to defendants Louis A. Venditte, Ruby A. Venditte, and John W. Wagstaffe. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)ORDER granting Venditte's 41 Motion to Continue trial. Trial of this matter as to all defendants is re-scheduled for January 5, 2015, before Senior Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between November 12, 2014, and January 5, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to defendants Louis A. Venditte, Ruby A. Venditte, and John W. Wagstaffe. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
December 5, 2014
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ORDER granting Wagstaffe's 43 Motion to Continue trial as to John W. Wagstaffe, Louis A. Venditte and Ruby A. Venditte. Trial of this matter as to all defendants is re-scheduled for February 23, 2015, before Senior Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between December 5, 2014, 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 defendants counsel require 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)ORDER granting Wagstaffe's 43 Motion to Continue trial as to John W. Wagstaffe, Louis A. Venditte and Ruby A. Venditte. Trial of this matter as to all defendants is re-scheduled for February 23, 2015, before Senior Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between December 5, 2014, 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 defendants counsel require 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)ORDER granting Wagstaffe's 43 Motion to Continue trial as to John W. Wagstaffe, Louis A. Venditte and Ruby A. Venditte. Trial of this matter as to all defendants is re-scheduled for February 23, 2015, before Senior Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between December 5, 2014, 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 defendants counsel require 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)
February 3, 2015
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ORDER granting the 45 Motion to Continue trial as to defendants Louis A. Venditte, Ruby A. Venditte, and John W. Wagstaffe. Trial of this matter is re-scheduled for April 6, 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 defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between February 3, 2015, and April 6, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason that counsel require 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)ORDER granting the 45 Motion to Continue trial as to defendants Louis A. Venditte, Ruby A. Venditte, and John W. Wagstaffe. Trial of this matter is re-scheduled for April 6, 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 defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between February 3, 2015, and April 6, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason that counsel require 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)ORDER granting the 45 Motion to Continue trial as to defendants Louis A. Venditte, Ruby A. Venditte, and John W. Wagstaffe. Trial of this matter is re-scheduled for April 6, 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 defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between February 3, 2015, and April 6, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason that counsel require additional time to adequately prepare the case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(7)(A) & (B). Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
March 10, 2015
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ORDER - Wagstaffe's motion to continue trial (Filing No. 42) is granted. Trial of this matter as to both defendants is re-scheduled for June 8, 2015, before Senior Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between March 10, 2015 and June 8, 2015, shall be deemed excludable time in any computation of time under 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)ORDER - Wagstaffe's motion to continue trial (Filing No. 42) is granted. Trial of this matter as to both defendants is re-scheduled for June 8, 2015, before Senior Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between March 10, 2015 and June 8, 2015, shall be deemed excludable time in any computation of time under the Speedy Trial Act for the reason that defendant's counsel requires additional time to adequately prepare the case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(7)(A) & (B). Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
May 13, 2015
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ORDER granting the60 Motion to Continue trial. Trial of this matter is re-scheduled for June 22, 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 May 13, 2015, and June 22, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason that an essential witness is unavailable. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(3)(A) as to Ruby A. Venditte (2) and John W. Wagstaffe (3). Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)ORDER granting the60 Motion to Continue trial. Trial of this matter is re-scheduled for June 22, 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 May 13, 2015, and June 22, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason that an essential witness is unavailable. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(3)(A) as to Ruby A. Venditte (2) and John W. Wagstaffe (3). Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
June 5, 2015
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ORDER granting Wagstaffe's 67 Motion to Continue trial. Trial of this matter as to both defendants is re-scheduled for August 31, 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 June 5, 2015, and August 31, 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)ORDER granting Wagstaffe's 67 Motion to Continue trial. Trial of this matter as to both defendants is re-scheduled for August 31, 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 June 5, 2015, and August 31, 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)
August 28, 2015
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ORDER granting 116 Motion to Continue as to John W. Wagstaffe (3) and granting 118 Motion to Continue as to Louis A. Venditte (1), Ruby A. Venditte (2). Trial of the Indictment against Wagstaffe and trial of the forfeiture matter as to Louis A. and Ruby A. Venditte is re-scheduled for October 26, 2015, before Senior Judge Joseph F. Bataillon and a jury 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 August 28, 2015, and October 26, 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. (ADB)ORDER granting 116 Motion to Continue as to John W. Wagstaffe (3) and granting 118 Motion to Continue as to Louis A. Venditte (1), Ruby A. Venditte (2). Trial of the Indictment against Wagstaffe and trial of the forfeiture matter as to Louis A. and Ruby A. Venditte is re-scheduled for October 26, 2015, before Senior Judge Joseph F. Bataillon and a jury 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 August 28, 2015, and October 26, 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. (ADB)ORDER granting 116 Motion to Continue as to John W. Wagstaffe (3) and granting 118 Motion to Continue as to Louis A. Venditte (1), Ruby A. Venditte (2). Trial of the Indictment against Wagstaffe and trial of the forfeiture matter as to Louis A. and Ruby A. Venditte is re-scheduled for October 26, 2015, before Senior Judge Joseph F. Bataillon and a jury 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 August 28, 2015, and October 26, 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. (ADB)
October 19, 2015
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ORDER that the 124 Motion to Dismiss Forfeiture Allegation is sustained as to Louis A. Venditte (1), Ruby A. Venditte (2). The Forfeiture Allegation of the Indictment is hereby dismissed, as to Defendants Louis A. Venditte and Ruby A. Venditte. Ordered by Senior Judge Joseph F. Bataillon. (ADB)ORDER that the 124 Motion to Dismiss Forfeiture Allegation is sustained as to Louis A. Venditte (1), Ruby A. Venditte (2). The Forfeiture Allegation of the Indictment is hereby dismissed, as to Defendants Louis A. Venditte and Ruby A. Venditte. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
October 3, 2016
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ORDER FOR DISMISSAL - IT IS HEREBY ORDERED: Leave is granted for the United States to dismiss, without prejudice, the Indictment filed herein as to the Defendant, John Wagstaffe. The Indictment filed herein is hereby dismissed, without prejudice, as it pertains to only the Defendant, John Wagstaffe. Ordered by Senior Judge Joseph F. Bataillon. (1 Certified copy to USM)( TCL)