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14-141 - USA v. Sember


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14-141 - USA v. Sember
April 1, 2015
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ENTRY AND ORDER OVERRULING SEMBER'S MOTION TO SUPPRESS (Doc. 14) AND OVERRULING SEMBER'S MOTION TO DISMISS (Doc. 13). Signed by Judge Thomas M Rose on 4/1/15. (ep)
April 8, 2015
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PROTECTIVE ORDER. Signed by Judge Thomas M Rose on 4/8/15. (ep)
November 5, 2015
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PROTECTIVE ORDER. Signed by Judge Thomas M. Rose on 11/5/15. (ep)
March 16, 2016
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ENTRY AND ORDER denying 87 Motion to Dismiss as to John M. Sember (1). Signed by Judge Thomas M. Rose on 3-16-2016. (de)
March 16, 2016
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ENTRY AND ORDER granting in part and denying in part 62 Motion to Suppress as to John M. Sember (1). The Court rules on Defendant's Motion to Suppress 62 as follows: The Government is BARRED from offering into evidence at trial any items seized from the truck or shed outside of Defendant's house during the FBI's March 28, 2014 search; and the Motion to Suppress is DENIED in all other respects. Signed by Judge Thomas M. Rose on 3-16-2016. (de)
March 21, 2016
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ENTRY AND ORDER GRANTING IN PART DEFENDANT'S MOTION IN LIMINE TO PROHIBIT THE ADMISSION OF CERTAIN EVIDENCE FOR LACK OF THE CHAIN OF CUSTODY 86 - The Government is BARRED from introducing the HP Elitebook into evidence, but it may move to introduce the Dell laptop and external hard drive into evidence at trial, if it so chooses. Signed by Judge Thomas M. Rose on 3-21-2016. (de)
March 25, 2016
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ENTRY AND ORDER GRANTING IN PART MOTION IN LIMINE TO PROHIBIT THE USE OF GOVERNMENT EXPERT OR IN THE ALTERNATIVE TO HOLD A DAUBERT HEARING 85. Signed by Judge Thomas M. Rose on 3-25-2016. (de)
March 25, 2016
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ENTRY AND ORDER REGARDING DEFENDANT'S MOTION IN LIMINE TO PROHIBIT THE ADMISSION OF CERTAIN EVIDENCE FOR LACK OF THE CHAIN OF CUSTODY 86 AND WRITTENOBJECTION TO GOVERNMENT EXHIBITS 105. Signed by Judge Thomas M. Rose on 3-25-2016. (de)
March 25, 2016
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ENTRY AND ORDER GRANTING DEFENDANT'S MOTION IN LIMINE TO PROHIBIT THE DISCUSSION AND/OR INTRODUCTION OF "AIR FORCE CORE VALUES" AND RELATED DOCUMENTS 100. Signed by Judge Thomas M. Rose on 3-25-2016. (de)
March 25, 2016
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ENTRY AND ORDER GRANTING IN PART DEFENDANT'S MOTION IN LIMINE TO PROHIBIT THE DISCUSSION IN ANY FORM OF CLASSIFIED INFORMATION 88. Signed by Judge Thomas M. Rose on 3-25-2016. (de)
March 28, 2016
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ENTRY AND ORDER DENYING DEFENDANT'S MOTION IN LIMINE AND OBJECTION TO PARTICULAR PROPOSED GOVERNMENT EXHIBITS 106 AND OVERRULING DEFENDANT'S OBJECTIONS 108 TO THE GOVERNMENT'S NOTICE OF INTENT TO INTRODUCE FED. R. EVID. 404(b) EVIDENCE 107. Signed by Judge Thomas M. Rose on 3-28-2016. (de)
March 29, 2016
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ENTRY AND SUPPLEMENTAL ORDER ON DEFENDANT'S MOTION IN LIMINE TO PROHIBIT THE ADMISSION OF CERTAIN EVIDENCE FOR LACK OF THE CHAIN OF CUSTODY 86. Signed by Judge Thomas M. Rose on 3-29-2016. (de)
April 1, 2016
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ENTRY AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS GOVERNMENT'S THEORY OF KNOWING CONVERSION WITH SPECIFIC INTENT (DOC. 126) - Defendant's Motion to Dismiss the Government's conversion theory is barred under Williams and Short, and is therefore DENIED. Signed by Judge Thomas M. Rose on 4/1/16. (ep)
May 27, 2016
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ENTRY AND ORDER granting in part and denying in part 144 Motion as to John M. Sember (1)- The Motion re: Evidence Seized is GRANTED as to the four (4) green cloth covered Engineering Notebooks identified in the Government's Attachment A (Doc. 144-1), 2. The Motion re: Evidence Seized is DENIED as to the Western Digital External Hard Drive 500 GB serial no. WXB1AA3C7693 identified in the Government's Attachment A (Doc. 144-1) (the Western Digital External Hard Drive), 3. The Government is ORDERED to transfer the Western Digital External Hard Drive to the Clerk of Courts, and 4. The Clerk of Courts is ORDERED to store the Western Digital External Hard Drive until further order of the Court. Signed by Judge Thomas M. Rose on 5-27-2016. (de)
September 2, 2016
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ENTRY AND ORDER REPRIMANDING THE GOVERNMENT'S COUNSEL FOR VIOLATIONS OF THE OHIO RULES OF PROFESSIONAL CONDUCT AND ORDERING THAT THE COURT'S ORDER TO SHOW CAUSE (DOC. 146) AND THE PARTIES' BRIEFING (DOCS. 150, 152) RELATED TO THIS MATTER BE UNSEALED : Government's counsel violated the Court'sOrder on Sember's motion to suppress by introducing the ARINC NDA into evidence at trial. As a result, the Court REPRIMANDS the Government's counsel for violation of the Ohio Rules of Professional Conduct and ORDERS that, for every item of non-testimonial evidence offered by the Government in a criminal trial before this Court, the Government's counsel in this case shall be required to submit a declaration identifying the source of the item of evidence and attesting that the item of evidence has not been suppressed or otherwise excluded from evidence by the Court. This Order shall remain in effect until further order of the Court. Signed by Judge Thomas M. Rose on 9/2/2016. (ep)
September 16, 2016
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ENTRY AND ORDER DIRECTING THE GOVERNMENT'S COUNSEL TO SUBMIT DECLARATION IN SUPPORT OF MOTION TO RECONSIDER (DOC. 157) THE COURT'S ENTRY AND ORDER REPRIMANDING THE GOVERNMENT'S COUNSEL FOR VIOLATIONS OF THE OHIO RULES OF PROFESSIONAL CONDUCT (DOC. 156) - Government's co-counsel is to submit a declaration of no more than 5 pages describing her role in the prosecution of this case, including her role, if any, in the management of the evidentiary file, no later than September 30, 2016. Signed by Judge Thomas M. Rose on 9/16/2016. (ep) Modified on 9/16/2016 correction of date signed(ep).
September 27, 2016
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ENTRY AND ORDER GRANTING MOTION TO RECONSIDER (DOC. 157) AND VACATING ORDER OF REPRIMAND (DOC. 156) - The Court will enter an Amended Order of Reprimand forthwith. Signed by Judge Thomas M. Rose on 9/27/16. (ep)
September 27, 2016
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AMENDED ENTRY AND ORDER REPRIMANDING LEAD GOVERNMENT'S COUNSEL FOR VIOLATIONS OF THE OHIO RULES OF PROFESSIONAL CONDUCT AND ORDERING THAT THE COURT'S ORDER TO SHOW CAUSE (DOC. 146) AND THE PARTIES' BRIEFING (DOCS. 150, 152)RELATED TO THIS MATTER BE UNSEALED Signed by Judge Thomas M. Rose on 9/27/16. (ep)
March 31, 2017
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ENTRY AND ORDER denying 167 Motion For Permission To Use Grand Jury Testimony. Signed by Judge Thomas M. Rose on 3-31-2017. (de)