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05-385 - USA v. SOLOMON et al


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05-385 - USA v. SOLOMON et al
November 1, 2006
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MEMORANDUM OPINION AND ORDER denying 156 Motion to Withdraw Plea of Guilty as to WANDA SOLOMON (3). Signed by Judge Terrence F. McVerry on 11/01/2006. (bsc)
November 3, 2006
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MEMORANDUM ORDER denying 124 Motion to Sever Defendant as to JELANIE SOLOMON (1). Signed by Judge Terrence F. McVerry on 11/03/06. (bsc)
February 20, 2007
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MEMORANDUM ORDER denying without prejudice 268 Motion to Suppress Statement Of February 14, 2004 filed by Defendant CLARON HANNER (2). Signed by Judge Terrence F. McVerry on 02/20/07. (bsc)
February 20, 2007
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MEMORANDUM ORDER denying without prejudice 210 Motion for Pre-Trial Statements of Individuals Not To Be Called As Witnesses; granting 217 Motion To Require Retention of Rough Notes And To Preserve Other Evidence; granting in part and denying in part 221 Motion For Notice of Government's Intention to Use Residual Hearsay Exception Under Rule 807. Signed by Judge Terrence F. McVerry on 02/20/07. (bsc)
February 20, 2007
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MEMORANDUM ORDER granting in part and denying in part 120 Motion for Disclosure of Brady Materials as to JELANI SOLOMON (1); denying 122 Motion for Additional Discovery as to JELANI SOLOMON (1); denying without prejudice 126 Motion to Exclude Irrelevant and/or Prejudicial Evidence as to JELANI SOLOMON (1); granting 129 Motion To Require Retention of Rough Notes And to Preserve Other Evidence as to JELANI SOLOMON (1); denying 133 Motion for Disclosure of Confidential Informants Or, In The Alternative, Motion to Preclude Hearsay Evidence of Confidential Informants From Pre-Trial Hearings and/or Trial as to JELANI SOLOMON (1). Signed by Judge Terrence F. McVerry on 02/20/07. (bsc)
March 26, 2007
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MEMORANDUM ORDER denying as moot 266 Motion to Require Government Stipulation Regarding The Fact Of A Prior Conviction as to CLARON HANNER (2). Signed by Judge Terrence F. McVerry on 03/26/2007. (bsc)
March 26, 2007
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MEMORANDUM ORDER denying as moot 304 Motion For Notice And Discovery of All Government Witnesses Whose Testimony May be Subject to DAUBERT Challenge as to CLARON HANNER (2). Signed by Judge Terrence F. McVerry on 03/26/07. (bsc)
March 26, 2007
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MEMORANDUM OPINION AND ORDER deferring ruling on 235 Motion to Suppress Intercepted Mail as to JELANI SOLOMON (1) and [275-2] Motion to Suppress Evidence Seized from Cellular Telephone 412-628-5290 as to CLARON HANNER. An evidentiary hearing(s) on these motions is scheduled for April 2, 2007 at 9:30 a.m. It is further ORDERED that Defendant Hanner's motion to suppress evidence seized from Cricket Communications is DENIED [275-1]. Signed by Judge Terrence F. McVerry on 03/26/07. (bsc)MEMORANDUM OPINION AND ORDER deferring ruling on 235 Motion to Suppress Intercepted Mail as to JELANI SOLOMON (1) and [275-2] Motion to Suppress Evidence Seized from Cellular Telephone 412-628-5290 as to CLARON HANNER. An evidentiary hearing(s) on these motions is scheduled for April 2, 2007 at 9:30 a.m. It is further ORDERED that Defendant Hanner's motion to suppress evidence seized from Cricket Communications is DENIED [275-1]. Signed by Judge Terrence F. McVerry on 03/26/07. (bsc)
March 26, 2007
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MEMORANDUM OPINION AND ORDER denying as moot [279-1] Motion to Suppress evidence seized from real property and denying [279-2] Motion tto Suppress evidence seized from automobile as to JELANI SOLOMON (1); denying 281 Motion to Suppress as to JELANI SOLOMON (1); denying 233 Motion to Suppress Intercepted Jail Calls as to JELANI SOLOMON (1); denying 248 Motion to Suppress Cellular Phone Evidence as to JELANI SOLOMON (1); denying 267 Motion to Suppress Blood Sample as to CLARON HANNER (2); and denying 270 Motion to Suppress Items Seized from Room 117 at the Airport Plaza Hotel as to CLARON HANNER (2). Signed by Judge Terrence F. McVerry on 03/26/07. (bsc)MEMORANDUM OPINION AND ORDER denying as moot [279-1] Motion to Suppress evidence seized from real property and denying [279-2] Motion tto Suppress evidence seized from automobile as to JELANI SOLOMON (1); denying 281 Motion to Suppress as to JELANI SOLOMON (1); denying 233 Motion to Suppress Intercepted Jail Calls as to JELANI SOLOMON (1); denying 248 Motion to Suppress Cellular Phone Evidence as to JELANI SOLOMON (1); denying 267 Motion to Suppress Blood Sample as to CLARON HANNER (2); and denying 270 Motion to Suppress Items Seized from Room 117 at the Airport Plaza Hotel as to CLARON HANNER (2). Signed by Judge Terrence F. McVerry on 03/26/07. (bsc)
March 26, 2007
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MEMORANDUM ORDER denying as moot 284 Motion for Disclosure as to JELANI SOLOMON (1); deferring ruling on 237 Motion to Hold Audibility Hearing as to JELANI SOLOMON (1); denying request for James hearing [239-1]and denying as moot defendant's request for production of alleged co-conpsirator statement [239-2] Motion as to JELANI SOLOMON (1); deferring ruling on 241 Motion to designate Videotapes and Audio Files as to JELANI SOLOMON (1); denying 250 Motion for Additional Discovery as to JELANI SOLOMON (1); denying 255 Motion for Disclosure of Medical, Mental Health, drug and Alcohol Treatment, Prescript Drug, Jail and Social Security Records of Cooperating Witnesses as to CLARON HANNER (2); denying as moot 257 Motion for Disclosure of Presentatnce Investigation reprots, Probation, Parole adn Supervised Release Reports and Progress as to CLARON HANNER (2); denying as moot 260 Motion for Bill of Particulars as to CLARON HANNER (2); denying as moot 262 Motion to Immediately Disclose Any and All contact Between Government Agents or Prosecutors and Potential Jailhouse Informants Incarcerated with Defendant Hanner as to CLARON HANNER (2); denying 264 Motion for Discovery, Inspection and Disclosure of Exculpatory Evidence Concerning Government's Use of Informants, Operatives and Cooperating Individuals as to CLARON HANNER (2). See Memorandum Order for further details. Signed by Judge Terrence F. McVerry on 03/26/07. (bsc)MEMORANDUM ORDER denying as moot 284 Motion for Disclosure as to JELANI SOLOMON (1); deferring ruling on 237 Motion to Hold Audibility Hearing as to JELANI SOLOMON (1); denying request for James hearing [239-1]and denying as moot defendant's request for production of alleged co-conpsirator statement [239-2] Motion as to JELANI SOLOMON (1); deferring ruling on 241 Motion to designate Videotapes and Audio Files as to JELANI SOLOMON (1); denying 250 Motion for Additional Discovery as to JELANI SOLOMON (1); denying 255 Motion for Disclosure of Medical, Mental Health, drug and Alcohol Treatment, Prescript Drug, Jail and Social Security Records of Cooperating Witnesses as to CLARON HANNER (2); denying as moot 257 Motion for Disclosure of Presentatnce Investigation reprots, Probation, Parole adn Supervised Release Reports and Progress as to CLARON HANNER (2); denying as moot 260 Motion for Bill of Particulars as to CLARON HANNER (2); denying as moot 262 Motion to Immediately Disclose Any and All contact Between Government Agents or Prosecutors and Potential Jailhouse Informants Incarcerated with Defendant Hanner as to CLARON HANNER (2); denying 264 Motion for Discovery, Inspection and Disclosure of Exculpatory Evidence Concerning Government's Use of Informants, Operatives and Cooperating Individuals as to CLARON HANNER (2). See Memorandum Order for further details. Signed by Judge Terrence F. McVerry on 03/26/07. (bsc)
March 28, 2007
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SEPARATION ORDER as to JELANI SOLOMON and CLARON HANNER. Signed by Judge Terrence F. McVerry on 03/28/07. (bsc)SEPARATION ORDER as to JELANI SOLOMON and CLARON HANNER. Signed by Judge Terrence F. McVerry on 03/28/07. (bsc)
March 30, 2007
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ORDER OF COURT re 406 Supplement To Jelani Solomon's Motion to Suppress Intercepted Mail filed by USA. It appearing that no additional evidence will be presented by the government at the hearing, but for testimony regarding the authenticity and relevance of the government's exhibits, all counsel should be on notice to be prepared to present testimony and evidence on Monday, April 2, 2007, on Defendant Hanner's Motion to Suppress Evidence Seized from Cellular Telephone 412/628-5290 275 and Defendant Hanner's Motion to Suppress January 24 and 25, 2006 Statements 326. Signed by Judge Terrence F. McVerry on 03/30/07. (bsc)ORDER OF COURT re 406 Supplement To Jelani Solomon's Motion to Suppress Intercepted Mail filed by USA. It appearing that no additional evidence will be presented by the government at the hearing, but for testimony regarding the authenticity and relevance of the government's exhibits, all counsel should be on notice to be prepared to present testimony and evidence on Monday, April 2, 2007, on Defendant Hanner's Motion to Suppress Evidence Seized from Cellular Telephone 412/628-5290 275 and Defendant Hanner's Motion to Suppress January 24 and 25, 2006 Statements 326. Signed by Judge Terrence F. McVerry on 03/30/07. (bsc)
April 11, 2007
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MEMORANDUM OPINION AND ORDER OF COURT denying 235 Motion to Suppress Intercepted Mail as to JELANI SOLOMON (1). See Memorandum Opinion for details. Signed by Judge Terrence F. McVerry on 04/11/07. (bsc)
April 12, 2007
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MEMORANDUM OPINION AND ORDER granting in part and denying in part 408 Motion to Reconsider Court's Ruling on Motion to Suppress Items Seized from Room 117 396 as to CLARON HANNER (2). The Motion is granted to the extent that the Court has reconsidered its prior decision reflected in the Court's Memorandum Opinion of March 26, 2007. However, upon reflection, while the Court concludes that the affidavit which supported the warrant did not provide a substantial basis for finding probable cause to search Room 117 of the Airport Plaza Hotel, the good faith exception to the exclusionary rule applies and the Motion to Suppress 270 continues to be denied. See Memorandum Opinion for details. Signed by Judge Terrence F. McVerry on 04/12/07. (bsc)
April 19, 2007
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MEMORANDUM OPINION AND ORDER OF COURT denying 326 Motion to Suppress Statements as to CLARON HANNER (2). Signed by Judge Terrence F. McVerry on 04/19/07. (bsc)
April 25, 2007
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ORDER OF COURT as to CLARON HANNER re 262 MOTION for Disclosure of Any and All Contact Between Government Agents or Prosecutors and Potential Jailhouse Informants Incarcerated With Defendant Hanner filed by CLARON HANNER. The Court finds that a pretrial evidentiary hearing is justified for inquiry into the facts and circumstances surrounding the initiation and/or aftermath of communciations between certain individuals and Claron Hanner during his incarceration from and after February 14, 2004. See Order of Court for further details. Signed by Judge Terrence F. McVerry on 04/25/07. (bsc)
April 25, 2007
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MEMORANDUM ORDER granting in part and denying in part 342 Motion To Prohibit Any Reference to the First Phase of the Proceedings as the Guilt Phase as to JELANI SOLOMON (1). All counsel and the court shall refer to the first phase of these proceedings as the "trial phase." The second phase of the proceedings, should it be necessary, shall hereinafter be referred to as the "penalty phase." Signed by Judge Terrence F. McVerry on 04/25/07. (bsc)
April 25, 2007
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MEMORANDUM ORDER denying without prejudice 365 Motion To Declare Lethal Injection Unconstitutional In Violation of the Eighth Amendment to the United States Constitution as to JELANI SOLOMON (1); and denying without prejudice 366 Motion for Lethal Injuection Discovery as to JELANI SOLOMON (1). See Memorandum Order for details. Signed by Judge Terrence F. McVerry on 04/25/07. (bsc)
April 25, 2007
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MEMORANDUM OPINION AND ORDER granting in part and denying in part 272 Second Motion to Sever Defendant as to JELANI SOLOMON (1); and denying 253 Motion for Severance as to CLARON HANNER (2). See Memorandum Opinion for details.Signed by Judge Terrence F. McVerry on 04/25/07. (bsc)MEMORANDUM OPINION AND ORDER granting in part and denying in part 272 Second Motion to Sever Defendant as to JELANI SOLOMON (1); and denying 253 Motion for Severance as to CLARON HANNER (2). See Memorandum Opinion for details.Signed by Judge Terrence F. McVerry on 04/25/07. (bsc)
May 2, 2007
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MEMORANDUM OPINION AND ORDER denying 333 Motion for Discovery on the Issue of Racial Disparity in Prosecutorial Decision Making as to CLARON HANNER (2), and joined by Defendant Solomon 377. Signed by Judge Terrence F. McVerry on 05/02/07. (bsc)
May 14, 2007
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MEMORANDUM OPINION AND ORDER OF COURT denying 275-2 Motion to Suppress Evidence Seized from Cricket Telephone 412-628-5290 as to CLARON HANNER (2). Signed by Judge Terrence F. McVerry on 05/14/07. (bsc).
May 14, 2007
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MEMORANDUM OPINION AND ORDER denying 351 Motion To Declare Federal Death Penalty Unconstitutional as to JELANI SOLOMON (1); denying 330 Motion To Preclude The Death Penalty As a Sentencing Option Because the 1994 Federal Death Penalty Act is Unconstitutional as to CLARON HANNER (2). Signed by Judge Terrence F. McVerry on 05/14/07. (bsc)MEMORANDUM OPINION AND ORDER denying 351 Motion To Declare Federal Death Penalty Unconstitutional as to JELANI SOLOMON (1); denying 330 Motion To Preclude The Death Penalty As a Sentencing Option Because the 1994 Federal Death Penalty Act is Unconstitutional as to CLARON HANNER (2). Signed by Judge Terrence F. McVerry on 05/14/07. (bsc)
June 26, 2007
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ORDER as to JELANI SOLOMON. It is ordered and directed that summons be issued for 350 jurors to report on Tuesday, July 31, 2007, for preliminary instructions, qualifications screening, and completion of a Jury Questionnaire in this matter. This special jury pool is required for jury selection in this matter, to commence on September 4, 2007. Signed by Judge Terrence F. McVerry on 06/26/07. (bsc)
June 26, 2007
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MEMORANDUM OPINION AND ORDER denying 338 Motion To Strike Notice of Intent to Seek Death Penalty Or, in the alternative, 349 Motion to Dismiss Specific Aggravating Factors as to JELANI SOLOMON. It is further Ordered that the government shall elaborate on the nature of its victim impact information consistent with Paragraph C(6) of the Memorandum Opinion. See Memorandum Opinion for further details. Signed by Judge Terrence F. McVerry on 06/26/07. (bsc)
July 20, 2007
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ORDER OF COURT as to JELANI SOLOMON. It is ordered and directed that summons be issued for 350 jurors to report on Tuesday, August 28, 2007, for preliminary instructions, qualifications screening, and completion of a Jury Questionnaire in this matter. The special jury pool is required for jury selection in this matter to commence on September 24, 2007. Signed by Judge Terrence F. McVerry on 07/20/07. (bsc)
September 10, 2007
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ORDER granting 563 Motion in Limine re: Execution Impact Evidence as to JELANI SOLOMON (1). On or before September 21, 2007, the defendant shall provide to the government an outline of the nature of any execution impact evidence it intends to introduce at the penalty phase of this case. Likewise, the government is ordered that on or before September 21, 2007 it shall provide to the Defendant an outline of the substance of any victim impact evidence it intends to use at the penalty phase of the trial. See Order for further details. Signed by Judge Terrence F. McVerry on 09/10/07. (bsc)
September 10, 2007
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ORDER granting 564 Motion in Limine as to JELANI SOLOMON (1). On or before Noon on September 21, 2007, the defense shall provide to the Court and to the government a list of its witnesses. Likewise, on or before Noon on September 21, 2007, the government shall provide to the Court and to the defense a list of its witnesses. Additionally, on or before Noon on September 21, 2007, the defense shall provide to the government a list of mitigating factors which it intends to introduce in any penalty phase of the trial. See Order for further details. Signed by Judge Terrence F. McVerry on 09/10/07. (bsc)
September 13, 2007
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MEMORANDUM OPINION AND ORDER denying 566 Second Motion to Suppress Jail Calls filed by Defendant Jelani Solomon (1). See Memorandum Opinion for details. Signed by Judge Terrence F. McVerry on 09/13/07. (bsc)
October 28, 2007
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MEMORANDUM ORDER granting 527 the government's Motion in Limine Regarding Residual Doubt as to JELANI SOLOMON (1). See Memorandum Order for details.Signed by Judge Terrence F. McVerry on 10/28/07. (bsc)
October 28, 2007
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MEMORANDUM ORDER as to JELANI SOLOMON. For the reasons set forth in the Memorandum Order, the Defendant will not be permitted to waive the sentencing option of "a lesser term of years." Signed by Judge Terrence F. McVerry on 10/28/07. (bsc)
March 23, 2010
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MEMORANDUM OPINION AND ORDER denying 806 Motion for Relief Pursuant to USSG 1B1.10(c) - Amendment 9 as to WANDA SOLOMON (3). Signed by Judge Terrence F. McVerry on 03/23/2010. (bsc)
May 3, 2010
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MEMORANDUM ORDER as to WANDA SOLOMON regarding 811 Request for Clarification. Signed by Judge Terrence F. McVerry on 05/03/2010. (bsc)
April 26, 2011
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MEMORANDUM ORDER denying 829 Motion to Vacate (2255) as to WANDA SOLOMON (3). Certificate of Appealability should not issue because Defendant has not made a substantial showing of the denial of a constitutional right. Signed by Judge Terrence F. McVerry on 04/26/2011. (bsc)
June 15, 2012
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MEMORANDUM OPINION AND ORDER denying DePierre Claim Motion Pursuant to 18 U.S.C. § 841(b)(1) and 18 U.S.C. § 2255 as to WANDA SOLOMON (2) for lack of jurisdiction. Signed by Judge Terrence F. McVerry on 06/15/2012. (bsc) (Entered: 06/15/2012)
February 7, 2013
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MEMORANDUM OPINION AND ORDER denying 841 Motion for Recusal or Disqualification of Judge as to JELANI SOLOMON (1). Signed by Judge Terrence F. McVerry on 02/07/2013. (bsc)
February 7, 2013
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ORDER denying 893 Letter Motion requesting assistance with BOP in obtaining credit for time spent in federal custody as to JELANI SOLOMON (1). Signed by Judge Terrence F. McVerry on 02/07/2013. (Attachments: # (1) Exhibit) (bsc)
March 7, 2013
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MEMORANDUM OPINION AND ORDER denying 839 Motion to Vacate (2255) as to JELANI SOLOMON (1). Signed by Judge Terrence F. McVerry on 03/07/2013. (bsc)
July 10, 2014
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MEMORANDUM ORDER dismissing 913 Motion to Vacate (2255) as to JELANI SOLOMON (1); dismissing 914 Motion to Vacate (2255) as to WANDA SOLOMON (3) for lack of jurisdiction and denying certificate of appealability, as explained therein. Order sent to petitioners via US Mail. Signed by Judge Terrence F. McVerry on 7/10/14. (mh, )MEMORANDUM ORDER dismissing 913 Motion to Vacate (2255) as to JELANI SOLOMON (1); dismissing 914 Motion to Vacate (2255) as to WANDA SOLOMON (3) for lack of jurisdiction and denying certificate of appealability, as explained therein. Order sent to petitioners via US Mail. Signed by Judge Terrence F. McVerry on 7/10/14. (mh, )MEMORANDUM ORDER dismissing 913 Motion to Vacate (2255) as to JELANI SOLOMON (1); dismissing 914 Motion to Vacate (2255) as to WANDA SOLOMON (3) for lack of jurisdiction and denying certificate of appealability, as explained therein. Order sent to petitioners via US Mail. Signed by Judge Terrence F. McVerry on 7/10/14. (mh, )
February 19, 2016
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MEMORANDUM OPINION denying 923 Motion to Reduce Sentence - USSC Amendment as to WANDA SOLOMON (3). Signed by Judge Terrence F. McVerry on 2/19/16. (mh)
February 15, 2018
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MEMORANDUM ORDER DENYING 945 Petition for Independent Action to Obtain Relief from Judgment or Order Pursuant to Rul 60 of Federal Rules of Civ. P. as to JELANI SOLOMON (1). The Clerk is hereby directed to refuse and reject for filing any future pleadings, motions, or documents received from Jelani Solomon, or anyone on his behalf in this case, unless same are preauthorized by an Order of this Court, see Doc. No. 912. Signed by Judge Arthur J. Schwab on 2/15/2018. (eet)