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11-183 - USA v. Musgrave et al


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11-183 - USA v. Musgrave et al
August 27, 2012
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ORDER DENYING DEFENDANTS' DISCOVERY MOTIONS. Signed by Judge Timothy S. Black on 8/27/12. (mr1)ORDER DENYING DEFENDANTS' DISCOVERY MOTIONS. Signed by Judge Timothy S. Black on 8/27/12. (mr1)
September 13, 2012
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ORDER THAT: (1) DEFENDANT MUSGRAVE'S MOTION TO DISMISS (Doc. 56) IS GRANTED IN PART AND DENIED IN PART; (2) DEFENDANT GOLDBERG'S MOTION TO DISMISS (Doc. 47) IS DENIED; (3) DEFENDANTS' MOTIONS TO SEVER (Docs. 41 & 48) ARE GRANTED; AND (4) THE MOTIONS FOR A BILL OF PARTICULARS (Docs. 50, 51) ARE DENIED. Signed by Judge Timothy S. Black on 9/13/12. (mr1)ORDER THAT: (1) DEFENDANT MUSGRAVE'S MOTION TO DISMISS (Doc. 56) IS GRANTED IN PART AND DENIED IN PART; (2) DEFENDANT GOLDBERG'S MOTION TO DISMISS (Doc. 47) IS DENIED; (3) DEFENDANTS' MOTIONS TO SEVER (Docs. 41 & 48) ARE GRANTED; AND (4) THE MOTIONS FOR A BILL OF PARTICULARS (Docs. 50, 51) ARE DENIED. Signed by Judge Timothy S. Black on 9/13/12. (mr1)
January 17, 2013
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ORDER DENYING DEFENDANT'S MOTIONS IN LIMINE AND RENEWED MOTION TO DISMISS (DOC. 83). Pursuant to the Governments request, Counts 2, 3, 4, 6 and 8 of the Indictment are hereby DISMISSED. Signed by Judge Timothy S. Black on 1/16/2013. (mr1)
January 28, 2013
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Minute entry for proceedings before Judge Timothy S. Black as to Paul David Musgrave (001). This case came before the Court for a jury trial on 1/28/2013 at 9:00 a.m. Attorneys Dwight Keller and Alex Sistla for the Government; William Terpening and Matthew DeAntonio for the Defendant participated. Defendant was present with counsel. Governments Motion in Limine (Doc. 94) and Defendants response (Doc. 95) now ripe; Court orally rules the Motion is moot because Defendant acknowledges that blaming the victim for not discovering a fraud is not a defense to charges of fraud; however, the acts of the lenders may be used to evidence that Defendant did not have intent to defraud. Trial commenced; 51 prospective jurors were sworn; voir dire conducted; jury of 14 (including two alternates) empaneled and sworn; Parties gave opening statements; an Instruction regarding "blaming the victims" given to the Jury prior to the Defendants opening. Stipulation that MFSB was FDIC insured read into the record; Government called witness Jerry Mercer (sworn); Testimony given and to be continued; Day one completed; Jury admonished; Trial to continue on 1/29/2013 at 9:00 a.m. Counsel to report by 8:45 a.m. (Court Reporter Jodie Perkins, Official.) (mr1)
May 21, 2013
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DECISION AND ENTRY DENYING DEFENDANT'S MOTION FOR JUDGMENT OF ACQUITTAL AND FOR A NEW TRIAL (Doc. 135). Signed by Judge Timothy S. Black on 5/21/2013. (mr1)
June 17, 2014
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DECISION AND ENTRY: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE (Doc. 192); (2) OVERRULING THE GOVERNMENT'S OBJECTIONS (Doc. 193); AND(3) DENYING THE GOVERNMENTS MOTION TO DISMISS (Doc. 188). Signed by Judge Timothy S. Black on 6/17/2014. (mr1)
March 13, 2015
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ORDER DENYING DEFENDANT'S MOTION FOR RELIEF PURSUANT TO 28 U.S.C. ยง 2255 (Docs. 186, 211). Signed by Judge Timothy S. Black on 3/13/2015. (mr1) Civil Case 3:14-cv-00101-TSB closed.
April 24, 2015
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ORDER GRANTING DEFENDANT'S MOTION TO STAY QUARTERLY PAYMENTS PENDING APPEAL (Doc. 226). Signed by Judge Timothy S. Black on 4/24/2015. (mr)
November 30, 2017
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REPORT AND RECOMMENDATIONS ON RESTITUTION as to Paul David Musgrave - It is respectfully recommended that the Court enter a restitution order requiring David Musgrave to pay $2,000 per month. The supersedeas bond should be dissolved and the cash returned to Barbara Musgrave who posted it. Objections to R&R due by 12/14/2017. Signed by Magistrate Judge Michael R. Merz on 11/30/2017. (kpf)
December 12, 2017
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RECOMMITTAL ORDER as to Paul David Musgrave: This case is before the Court on the Government's Objections (ECF No. 283) to the Magistrate Judge's Report and Recommendations (ECF No. 282). Defendant and the Intervenor are entitled to respond to the Government's Objections, but have not yet done so. The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, pursuant to Fed. R. Civ. P. 59(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections and making recommendations based on that analysis. Signed by Judge Timothy S. Black on 12/12/17. (kma)
December 28, 2017
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ORDER SETTING RESPONSE DEADLINE- This criminal case is before the Court on Objections by the United States (ECF No. 283) to the Report and Recommendations on Restitution (Report, ECF No. 282). In his Orderrecommitting the matter to the Magistrate Judge for reconsideration, District Judge Black recognized the right of both Defendant and the Intervenor to respond to those Objections, but did not set a deadline (ECF No. 284, PageID 6443). The Magistrate Judge had anticipated that any response would be filed within fourteen days, which is the deadline set by rule in civil matters.Fed. R. Civ. P. 72(b). Fed. R. Crim. P. 59(b) does not, however, set a deadline by rule. It is accordingly ORDERED that any response by Intervenor or Defendant be filed not later than January 4, 2018. Signed by Magistrate Judge Michael R. Merz on 12/28/17. (kma)
January 9, 2018
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON RESTITUTION as to Paul David Musgrave - The Magistrate Judge again respectfully recommends that the Court enter a restitution order requiring David Musgrave to pay $2,000 per month and that the supersedeas bond be dissolved and the cash returned to Barbara Musgrave who posted it. Objections to R&R due by 1/23/2018 Signed by Magistrate Judge Michael R. Merz on 1/9/2018. (kpf)