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14-399 - USA v. Discala et al


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14-399 - USA v. Discala et al
December 28, 2017
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MEMORANDUM AND ORDER as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. In line with the foregoing, Attorney Maranda E. Fritz is ordered disqualified from representing Morris in this case. Given that there is a trial date set for 1/22/18, and the voluminous discovery in this case, the Court would be inclined to sever Morris if his attorney could not be ready for the concretely scheduled trial date, notwithstanding what it might otherwise do on the pending severance motions. Separately, moreover, deft DiScala has sought a continuance with objection so far from only the government. As a result, the severance of Morris's trial will await the next status conference and resolution of the continuance request and other pending motions. (Ordered by Judge Eric N. Vitaliano on 12/24/17) c/m (Galeano, Sonia)MEMORANDUM AND ORDER as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. In line with the foregoing, Attorney Maranda E. Fritz is ordered disqualified from representing Morris in this case. Given that there is a trial date set for 1/22/18, and the voluminous discovery in this case, the Court would be inclined to sever Morris if his attorney could not be ready for the concretely scheduled trial date, notwithstanding what it might otherwise do on the pending severance motions. Separately, moreover, deft DiScala has sought a continuance with objection so far from only the government. As a result, the severance of Morris's trial will await the next status conference and resolution of the continuance request and other pending motions. (Ordered by Judge Eric N. Vitaliano on 12/24/17) c/m (Galeano, Sonia)MEMORANDUM AND ORDER as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. In line with the foregoing, Attorney Maranda E. Fritz is ordered disqualified from representing Morris in this case. Given that there is a trial date set for 1/22/18, and the voluminous discovery in this case, the Court would be inclined to sever Morris if his attorney could not be ready for the concretely scheduled trial date, notwithstanding what it might otherwise do on the pending severance motions. Separately, moreover, deft DiScala has sought a continuance with objection so far from only the government. As a result, the severance of Morris's trial will await the next status conference and resolution of the continuance request and other pending motions. (Ordered by Judge Eric N. Vitaliano on 12/24/17) c/m (Galeano, Sonia)MEMORANDUM AND ORDER as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. In line with the foregoing, Attorney Maranda E. Fritz is ordered disqualified from representing Morris in this case. Given that there is a trial date set for 1/22/18, and the voluminous discovery in this case, the Court would be inclined to sever Morris if his attorney could not be ready for the concretely scheduled trial date, notwithstanding what it might otherwise do on the pending severance motions. Separately, moreover, deft DiScala has sought a continuance with objection so far from only the government. As a result, the severance of Morris's trial will await the next status conference and resolution of the continuance request and other pending motions. (Ordered by Judge Eric N. Vitaliano on 12/24/17) c/m (Galeano, Sonia)MEMORANDUM AND ORDER as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. In line with the foregoing, Attorney Maranda E. Fritz is ordered disqualified from representing Morris in this case. Given that there is a trial date set for 1/22/18, and the voluminous discovery in this case, the Court would be inclined to sever Morris if his attorney could not be ready for the concretely scheduled trial date, notwithstanding what it might otherwise do on the pending severance motions. Separately, moreover, deft DiScala has sought a continuance with objection so far from only the government. As a result, the severance of Morris's trial will await the next status conference and resolution of the continuance request and other pending motions. (Ordered by Judge Eric N. Vitaliano on 12/24/17) c/m (Galeano, Sonia)MEMORANDUM AND ORDER as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. In line with the foregoing, Attorney Maranda E. Fritz is ordered disqualified from representing Morris in this case. Given that there is a trial date set for 1/22/18, and the voluminous discovery in this case, the Court would be inclined to sever Morris if his attorney could not be ready for the concretely scheduled trial date, notwithstanding what it might otherwise do on the pending severance motions. Separately, moreover, deft DiScala has sought a continuance with objection so far from only the government. As a result, the severance of Morris's trial will await the next status conference and resolution of the continuance request and other pending motions. (Ordered by Judge Eric N. Vitaliano on 12/24/17) c/m (Galeano, Sonia)MEMORANDUM AND ORDER as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. In line with the foregoing, Attorney Maranda E. Fritz is ordered disqualified from representing Morris in this case. Given that there is a trial date set for 1/22/18, and the voluminous discovery in this case, the Court would be inclined to sever Morris if his attorney could not be ready for the concretely scheduled trial date, notwithstanding what it might otherwise do on the pending severance motions. Separately, moreover, deft DiScala has sought a continuance with objection so far from only the government. As a result, the severance of Morris's trial will await the next status conference and resolution of the continuance request and other pending motions. (Ordered by Judge Eric N. Vitaliano on 12/24/17) c/m (Galeano, Sonia)MEMORANDUM AND ORDER as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. In line with the foregoing, Attorney Maranda E. Fritz is ordered disqualified from representing Morris in this case. Given that there is a trial date set for 1/22/18, and the voluminous discovery in this case, the Court would be inclined to sever Morris if his attorney could not be ready for the concretely scheduled trial date, notwithstanding what it might otherwise do on the pending severance motions. Separately, moreover, deft DiScala has sought a continuance with objection so far from only the government. As a result, the severance of Morris's trial will await the next status conference and resolution of the continuance request and other pending motions. (Ordered by Judge Eric N. Vitaliano on 12/24/17) c/m (Galeano, Sonia)MEMORANDUM AND ORDER as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. In line with the foregoing, Attorney Maranda E. Fritz is ordered disqualified from representing Morris in this case. Given that there is a trial date set for 1/22/18, and the voluminous discovery in this case, the Court would be inclined to sever Morris if his attorney could not be ready for the concretely scheduled trial date, notwithstanding what it might otherwise do on the pending severance motions. Separately, moreover, deft DiScala has sought a continuance with objection so far from only the government. As a result, the severance of Morris's trial will await the next status conference and resolution of the continuance request and other pending motions. (Ordered by Judge Eric N. Vitaliano on 12/24/17) c/m (Galeano, Sonia)MEMORANDUM AND ORDER as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. In line with the foregoing, Attorney Maranda E. Fritz is ordered disqualified from representing Morris in this case. Given that there is a trial date set for 1/22/18, and the voluminous discovery in this case, the Court would be inclined to sever Morris if his attorney could not be ready for the concretely scheduled trial date, notwithstanding what it might otherwise do on the pending severance motions. Separately, moreover, deft DiScala has sought a continuance with objection so far from only the government. As a result, the severance of Morris's trial will await the next status conference and resolution of the continuance request and other pending motions. (Ordered by Judge Eric N. Vitaliano on 12/24/17) c/m (Galeano, Sonia)
February 2, 2018
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MEMORANDUM & ORDER denying 352 Motion to Suppress as to Abraxas J. Discala (1); finding as moot 445 Government's Motion to Quash as to Abraxas J. Discala (1); denying 448 Motion for Subpoena as to Abraxas J. DiScala (1); denying 458 Motion to Suppress as to Abraxas J. Discala (1); denying 349 Motion to Sever Defendant as to Michael Morris (10); denying 341 Motion to Sever Defendant as to Kyleen Cane (6); denying 349 Motion to Dismiss as to Michael Morris (10); denying 341 Motion to Dismiss as to Michael Morris (1); and granting 341 Use of a Jury Questionnaire as to Kyleen Cane (6). A formal memorandum opinion will be forthcoming to explain the basis for the Court's rulings. This memorandum & order is being issued to allow the parties to expeditiously prepare for trial. Additionally, the parties should confer on the use of the proposed jury questionnaire, and submit a finalized version to the Court by February 12, 2018. Ordered by Judge Eric N. Vitaliano on 2/2/2018. (Mejia, Benjamin)MEMORANDUM & ORDER denying 352 Motion to Suppress as to Abraxas J. Discala (1); finding as moot 445 Government's Motion to Quash as to Abraxas J. Discala (1); denying 448 Motion for Subpoena as to Abraxas J. DiScala (1); denying 458 Motion to Suppress as to Abraxas J. Discala (1); denying 349 Motion to Sever Defendant as to Michael Morris (10); denying 341 Motion to Sever Defendant as to Kyleen Cane (6); denying 349 Motion to Dismiss as to Michael Morris (10); denying 341 Motion to Dismiss as to Michael Morris (1); and granting 341 Use of a Jury Questionnaire as to Kyleen Cane (6). A formal memorandum opinion will be forthcoming to explain the basis for the Court's rulings. This memorandum & order is being issued to allow the parties to expeditiously prepare for trial. Additionally, the parties should confer on the use of the proposed jury questionnaire, and submit a finalized version to the Court by February 12, 2018. Ordered by Judge Eric N. Vitaliano on 2/2/2018. (Mejia, Benjamin)MEMORANDUM & ORDER denying 352 Motion to Suppress as to Abraxas J. Discala (1); finding as moot 445 Government's Motion to Quash as to Abraxas J. Discala (1); denying 448 Motion for Subpoena as to Abraxas J. DiScala (1); denying 458 Motion to Suppress as to Abraxas J. Discala (1); denying 349 Motion to Sever Defendant as to Michael Morris (10); denying 341 Motion to Sever Defendant as to Kyleen Cane (6); denying 349 Motion to Dismiss as to Michael Morris (10); denying 341 Motion to Dismiss as to Michael Morris (1); and granting 341 Use of a Jury Questionnaire as to Kyleen Cane (6). A formal memorandum opinion will be forthcoming to explain the basis for the Court's rulings. This memorandum & order is being issued to allow the parties to expeditiously prepare for trial. Additionally, the parties should confer on the use of the proposed jury questionnaire, and submit a finalized version to the Court by February 12, 2018. Ordered by Judge Eric N. Vitaliano on 2/2/2018. (Mejia, Benjamin)MEMORANDUM & ORDER denying 352 Motion to Suppress as to Abraxas J. Discala (1); finding as moot 445 Government's Motion to Quash as to Abraxas J. Discala (1); denying 448 Motion for Subpoena as to Abraxas J. DiScala (1); denying 458 Motion to Suppress as to Abraxas J. Discala (1); denying 349 Motion to Sever Defendant as to Michael Morris (10); denying 341 Motion to Sever Defendant as to Kyleen Cane (6); denying 349 Motion to Dismiss as to Michael Morris (10); denying 341 Motion to Dismiss as to Michael Morris (1); and granting 341 Use of a Jury Questionnaire as to Kyleen Cane (6). A formal memorandum opinion will be forthcoming to explain the basis for the Court's rulings. This memorandum & order is being issued to allow the parties to expeditiously prepare for trial. Additionally, the parties should confer on the use of the proposed jury questionnaire, and submit a finalized version to the Court by February 12, 2018. Ordered by Judge Eric N. Vitaliano on 2/2/2018. (Mejia, Benjamin)
March 6, 2018
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MEMORANDUM OPINION as to Abraxas J. Discala, Craig Josephberg, Kyleen Cane, & Michael Morris, setting forth reasons for the Court's February 2, 2018 Memorandum & Order denying 352 Motion to Suppress as to Abraxas J. Discala (1); finding as moot 445 Government's Motion to Quash as to Abraxas J. Discala (1); denying 448 Motion for Subpoena as to Abraxas J. DiScala (1); denying 458 Motion to Suppress as to Abraxas J. Discala (1); denying 349 Motion to Sever Defendant as to Michael Morris (10); denying 341 Motion to Sever Defendant as to Kyleen Cane (6); denying 349 Motion to Dismiss as to Michael Morris (10); denying 341 Motion to Dismiss as to Michael Morris (1); and granting 341 Use of a Jury Questionnaire as to Kyleen Cane (6). Ordered by Judge Eric N. Vitaliano on 3/6/2018. (Mejia, Benjamin)MEMORANDUM OPINION as to Abraxas J. Discala, Craig Josephberg, Kyleen Cane, & Michael Morris, setting forth reasons for the Court's February 2, 2018 Memorandum & Order denying 352 Motion to Suppress as to Abraxas J. Discala (1); finding as moot 445 Government's Motion to Quash as to Abraxas J. Discala (1); denying 448 Motion for Subpoena as to Abraxas J. DiScala (1); denying 458 Motion to Suppress as to Abraxas J. Discala (1); denying 349 Motion to Sever Defendant as to Michael Morris (10); denying 341 Motion to Sever Defendant as to Kyleen Cane (6); denying 349 Motion to Dismiss as to Michael Morris (10); denying 341 Motion to Dismiss as to Michael Morris (1); and granting 341 Use of a Jury Questionnaire as to Kyleen Cane (6). Ordered by Judge Eric N. Vitaliano on 3/6/2018. (Mejia, Benjamin)MEMORANDUM OPINION as to Abraxas J. Discala, Craig Josephberg, Kyleen Cane, & Michael Morris, setting forth reasons for the Court's February 2, 2018 Memorandum & Order denying 352 Motion to Suppress as to Abraxas J. Discala (1); finding as moot 445 Government's Motion to Quash as to Abraxas J. Discala (1); denying 448 Motion for Subpoena as to Abraxas J. DiScala (1); denying 458 Motion to Suppress as to Abraxas J. Discala (1); denying 349 Motion to Sever Defendant as to Michael Morris (10); denying 341 Motion to Sever Defendant as to Kyleen Cane (6); denying 349 Motion to Dismiss as to Michael Morris (10); denying 341 Motion to Dismiss as to Michael Morris (1); and granting 341 Use of a Jury Questionnaire as to Kyleen Cane (6). Ordered by Judge Eric N. Vitaliano on 3/6/2018. (Mejia, Benjamin)MEMORANDUM OPINION as to Abraxas J. Discala, Craig Josephberg, Kyleen Cane, & Michael Morris, setting forth reasons for the Court's February 2, 2018 Memorandum & Order denying 352 Motion to Suppress as to Abraxas J. Discala (1); finding as moot 445 Government's Motion to Quash as to Abraxas J. Discala (1); denying 448 Motion for Subpoena as to Abraxas J. DiScala (1); denying 458 Motion to Suppress as to Abraxas J. Discala (1); denying 349 Motion to Sever Defendant as to Michael Morris (10); denying 341 Motion to Sever Defendant as to Kyleen Cane (6); denying 349 Motion to Dismiss as to Michael Morris (10); denying 341 Motion to Dismiss as to Michael Morris (1); and granting 341 Use of a Jury Questionnaire as to Kyleen Cane (6). Ordered by Judge Eric N. Vitaliano on 3/6/2018. (Mejia, Benjamin)
March 23, 2018
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MEMORANDUM & ORDER, Jury selection in this case is scheduled to take place on 4/3/18. The parties have filed various evidentiary motions in limine. Having considered the submissions of the parties, the motions in limine are resolved in the manner and for the reasons as set forth below: granting in part and denying in part 399 government's First Motion in Limine as to Abraxas J. Discala (1) & Kyleen Cane (6); denying 426 Cane's First Motion in Limine as to Abraxas J. Discala (1) & Kyleen Cane (6); granting in part and denying in part 441 Cane's Second Motion in Limine as to Abraxas J. Discala (1) & Kyleen Cane (6); granting 461 government's Second Motion in Limine as to Abraxas J. Discala (1); granting 479 Cane's Motion to Amend/Correct 477 Third Motion in Limine as to Kyleen Cane (6); denying 477 Cane's Third Motion in Limine as to Kyleen Cane (6); and granting 491 government's Third Partial Motion in Limine as to Kyleen Cane (6). (See Memorandum and Order for details.) Ordered by Judge Eric N. Vitaliano on 3/23/2018. (Mejia, Benjamin)MEMORANDUM & ORDER, Jury selection in this case is scheduled to take place on 4/3/18. The parties have filed various evidentiary motions in limine. Having considered the submissions of the parties, the motions in limine are resolved in the manner and for the reasons as set forth below: granting in part and denying in part 399 government's First Motion in Limine as to Abraxas J. Discala (1) & Kyleen Cane (6); denying 426 Cane's First Motion in Limine as to Abraxas J. Discala (1) & Kyleen Cane (6); granting in part and denying in part 441 Cane's Second Motion in Limine as to Abraxas J. Discala (1) & Kyleen Cane (6); granting 461 government's Second Motion in Limine as to Abraxas J. Discala (1); granting 479 Cane's Motion to Amend/Correct 477 Third Motion in Limine as to Kyleen Cane (6); denying 477 Cane's Third Motion in Limine as to Kyleen Cane (6); and granting 491 government's Third Partial Motion in Limine as to Kyleen Cane (6). (See Memorandum and Order for details.) Ordered by Judge Eric N. Vitaliano on 3/23/2018. (Mejia, Benjamin)
April 1, 2018
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ORDER granting 550 Motion to Quash as to Kyleen Cane (6). The government's motion to quash Cane's trial subpoena is granted but only to the extent that the subpoena is modified to compel the production of the tax returns on the day that the witness is scheduled to testify. The records will be made available for the purposes of impeachment, but, unless some door is opened on direct examination, are not likely admissible in their own right. Ordered by Judge Eric N. Vitaliano on 3/31/2018. (Mejia, Benjamin)
April 26, 2018
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MEMORANDUM & OPINION as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. Having heard and considered defendant Cane's proffered arguments and authority regarding granting of the government's motion in limine 593, Cane's motion for reconsideration is denied. Refer to the Memorandum & Opinion for further details. Ordered by Judge Eric N. Vitaliano on 4/26/2018. (Mejia, Benjamin)MEMORANDUM & OPINION as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. Having heard and considered defendant Cane's proffered arguments and authority regarding granting of the government's motion in limine 593, Cane's motion for reconsideration is denied. Refer to the Memorandum & Opinion for further details. Ordered by Judge Eric N. Vitaliano on 4/26/2018. (Mejia, Benjamin)MEMORANDUM & OPINION as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. Having heard and considered defendant Cane's proffered arguments and authority regarding granting of the government's motion in limine 593, Cane's motion for reconsideration is denied. Refer to the Memorandum & Opinion for further details. Ordered by Judge Eric N. Vitaliano on 4/26/2018. (Mejia, Benjamin)MEMORANDUM & OPINION as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. Having heard and considered defendant Cane's proffered arguments and authority regarding granting of the government's motion in limine 593, Cane's motion for reconsideration is denied. Refer to the Memorandum & Opinion for further details. Ordered by Judge Eric N. Vitaliano on 4/26/2018. (Mejia, Benjamin)MEMORANDUM & OPINION as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. Having heard and considered defendant Cane's proffered arguments and authority regarding granting of the government's motion in limine 593, Cane's motion for reconsideration is denied. Refer to the Memorandum & Opinion for further details. Ordered by Judge Eric N. Vitaliano on 4/26/2018. (Mejia, Benjamin)MEMORANDUM & OPINION as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. Having heard and considered defendant Cane's proffered arguments and authority regarding granting of the government's motion in limine 593, Cane's motion for reconsideration is denied. Refer to the Memorandum & Opinion for further details. Ordered by Judge Eric N. Vitaliano on 4/26/2018. (Mejia, Benjamin)MEMORANDUM & OPINION as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. Having heard and considered defendant Cane's proffered arguments and authority regarding granting of the government's motion in limine 593, Cane's motion for reconsideration is denied. Refer to the Memorandum & Opinion for further details. Ordered by Judge Eric N. Vitaliano on 4/26/2018. (Mejia, Benjamin)MEMORANDUM & OPINION as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. Having heard and considered defendant Cane's proffered arguments and authority regarding granting of the government's motion in limine 593, Cane's motion for reconsideration is denied. Refer to the Memorandum & Opinion for further details. Ordered by Judge Eric N. Vitaliano on 4/26/2018. (Mejia, Benjamin)MEMORANDUM & OPINION as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. Having heard and considered defendant Cane's proffered arguments and authority regarding granting of the government's motion in limine 593, Cane's motion for reconsideration is denied. Refer to the Memorandum & Opinion for further details. Ordered by Judge Eric N. Vitaliano on 4/26/2018. (Mejia, Benjamin)MEMORANDUM & OPINION as to Abraxas J. Discala, Marc Wexler, Ira Shapiro, Matthew Bell, Craig Josephberg, Kyleen Cane, Victor Azrak, Darren Goodrich, Darren Ofsink, Michael Morris. Having heard and considered defendant Cane's proffered arguments and authority regarding granting of the government's motion in limine 593, Cane's motion for reconsideration is denied. Refer to the Memorandum & Opinion for further details. Ordered by Judge Eric N. Vitaliano on 4/26/2018. (Mejia, Benjamin)
May 4, 2018
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MEMORANDUM & ORDER as to Michael Morris's Letter 577 Seeking the Appointment of Brian D. Waller as counsel. The application is granted, subject to the terms and conditions set forth in the Memorandum & Order. Michael Morris and Brian Waller are directed to appear at the status conference calendared for May 11, 2018. Ordered by Judge Eric N. Vitaliano on 4/30/2018. (Mejia, Benjamin)