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14-124 - USA v. Blankenship et al


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14-124 - USA v. Blankenship et al
July 29, 2015
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MEMORANDUM AND ORDER denying 59 Joint Motion to Distribute Juror Questionnaire as moot, denying 60 Joint Motion for Specific Designation of Evidence and 66 Joint Motion for a Witness List as to Walter David Blankenship, David Eric Brickhouse, Jamie Chiles Cordes, Sherry Ann Fetzer, James Brian Joyner, Buffy Rene Kirkland, Don Robert Lewis Jr, Donna Jeanne Smith, Deborah Gayle Thomas. Signed by Magistrate Judge C Clifford Shirley, Jr on 7/29/15. (JBR)MEMORANDUM AND ORDER denying 59 Joint Motion to Distribute Juror Questionnaire as moot, denying 60 Joint Motion for Specific Designation of Evidence and 66 Joint Motion for a Witness List as to Walter David Blankenship, David Eric Brickhouse, Jamie Chiles Cordes, Sherry Ann Fetzer, James Brian Joyner, Buffy Rene Kirkland, Don Robert Lewis Jr, Donna Jeanne Smith, Deborah Gayle Thomas. Signed by Magistrate Judge C Clifford Shirley, Jr on 7/29/15. (JBR)MEMORANDUM AND ORDER denying 59 Joint Motion to Distribute Juror Questionnaire as moot, denying 60 Joint Motion for Specific Designation of Evidence and 66 Joint Motion for a Witness List as to Walter David Blankenship, David Eric Brickhouse, Jamie Chiles Cordes, Sherry Ann Fetzer, James Brian Joyner, Buffy Rene Kirkland, Don Robert Lewis Jr, Donna Jeanne Smith, Deborah Gayle Thomas. Signed by Magistrate Judge C Clifford Shirley, Jr on 7/29/15. (JBR)MEMORANDUM AND ORDER denying 59 Joint Motion to Distribute Juror Questionnaire as moot, denying 60 Joint Motion for Specific Designation of Evidence and 66 Joint Motion for a Witness List as to Walter David Blankenship, David Eric Brickhouse, Jamie Chiles Cordes, Sherry Ann Fetzer, James Brian Joyner, Buffy Rene Kirkland, Don Robert Lewis Jr, Donna Jeanne Smith, Deborah Gayle Thomas. Signed by Magistrate Judge C Clifford Shirley, Jr on 7/29/15. (JBR)MEMORANDUM AND ORDER denying 59 Joint Motion to Distribute Juror Questionnaire as moot, denying 60 Joint Motion for Specific Designation of Evidence and 66 Joint Motion for a Witness List as to Walter David Blankenship, David Eric Brickhouse, Jamie Chiles Cordes, Sherry Ann Fetzer, James Brian Joyner, Buffy Rene Kirkland, Don Robert Lewis Jr, Donna Jeanne Smith, Deborah Gayle Thomas. Signed by Magistrate Judge C Clifford Shirley, Jr on 7/29/15. (JBR)MEMORANDUM AND ORDER denying 59 Joint Motion to Distribute Juror Questionnaire as moot, denying 60 Joint Motion for Specific Designation of Evidence and 66 Joint Motion for a Witness List as to Walter David Blankenship, David Eric Brickhouse, Jamie Chiles Cordes, Sherry Ann Fetzer, James Brian Joyner, Buffy Rene Kirkland, Don Robert Lewis Jr, Donna Jeanne Smith, Deborah Gayle Thomas. Signed by Magistrate Judge C Clifford Shirley, Jr on 7/29/15. (JBR)MEMORANDUM AND ORDER denying 59 Joint Motion to Distribute Juror Questionnaire as moot, denying 60 Joint Motion for Specific Designation of Evidence and 66 Joint Motion for a Witness List as to Walter David Blankenship, David Eric Brickhouse, Jamie Chiles Cordes, Sherry Ann Fetzer, James Brian Joyner, Buffy Rene Kirkland, Don Robert Lewis Jr, Donna Jeanne Smith, Deborah Gayle Thomas. Signed by Magistrate Judge C Clifford Shirley, Jr on 7/29/15. (JBR)MEMORANDUM AND ORDER denying 59 Joint Motion to Distribute Juror Questionnaire as moot, denying 60 Joint Motion for Specific Designation of Evidence and 66 Joint Motion for a Witness List as to Walter David Blankenship, David Eric Brickhouse, Jamie Chiles Cordes, Sherry Ann Fetzer, James Brian Joyner, Buffy Rene Kirkland, Don Robert Lewis Jr, Donna Jeanne Smith, Deborah Gayle Thomas. Signed by Magistrate Judge C Clifford Shirley, Jr on 7/29/15. (JBR)MEMORANDUM AND ORDER denying 59 Joint Motion to Distribute Juror Questionnaire as moot, denying 60 Joint Motion for Specific Designation of Evidence and 66 Joint Motion for a Witness List as to Walter David Blankenship, David Eric Brickhouse, Jamie Chiles Cordes, Sherry Ann Fetzer, James Brian Joyner, Buffy Rene Kirkland, Don Robert Lewis Jr, Donna Jeanne Smith, Deborah Gayle Thomas. Signed by Magistrate Judge C Clifford Shirley, Jr on 7/29/15. (JBR)
September 2, 2015
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MEMORANDUM AND ORDER granting 87 Motion to Continue as to David Eric Brickhouse (2), James Brian Joyner (5), Deborah Gayle Thomas (9). Plea Agreement due by 5/13/2016. Jury Trial set for 6/14/2016 at 9:00 AM in Courtroom 3C - Knoxville before District Judge Pamela L Reeves. Pretrial Conference set for 6/1/2016 at 9:30 AM in Courtroom 3B - Knoxville before Magistrate Judge C Clifford Shirley Jr. Signed by Magistrate Judge C Clifford Shirley, Jr on 9/2/15. (JBR)MEMORANDUM AND ORDER granting 87 Motion to Continue as to David Eric Brickhouse (2), James Brian Joyner (5), Deborah Gayle Thomas (9). Plea Agreement due by 5/13/2016. Jury Trial set for 6/14/2016 at 9:00 AM in Courtroom 3C - Knoxville before District Judge Pamela L Reeves. Pretrial Conference set for 6/1/2016 at 9:30 AM in Courtroom 3B - Knoxville before Magistrate Judge C Clifford Shirley Jr. Signed by Magistrate Judge C Clifford Shirley, Jr on 9/2/15. (JBR)MEMORANDUM AND ORDER granting 87 Motion to Continue as to David Eric Brickhouse (2), James Brian Joyner (5), Deborah Gayle Thomas (9). Plea Agreement due by 5/13/2016. Jury Trial set for 6/14/2016 at 9:00 AM in Courtroom 3C - Knoxville before District Judge Pamela L Reeves. Pretrial Conference set for 6/1/2016 at 9:30 AM in Courtroom 3B - Knoxville before Magistrate Judge C Clifford Shirley Jr. Signed by Magistrate Judge C Clifford Shirley, Jr on 9/2/15. (JBR)
March 30, 2016
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REPORT AND RECOMMENDATION as to David Eric Brickhouse, James Brian Joyner, Deborah Gayle Thomas. It is RECOMMENDED that Defendants' joint motions [Docs. [62 & 88] to dismiss Count One of the Indictment be DENIED. Signed by Magistrate Judge C Clifford Shirley, Jr on 3/30/16. (JBR)REPORT AND RECOMMENDATION as to David Eric Brickhouse, James Brian Joyner, Deborah Gayle Thomas. It is RECOMMENDED that Defendants' joint motions [Docs. [62 & 88] to dismiss Count One of the Indictment be DENIED. Signed by Magistrate Judge C Clifford Shirley, Jr on 3/30/16. (JBR)REPORT AND RECOMMENDATION as to David Eric Brickhouse, James Brian Joyner, Deborah Gayle Thomas. It is RECOMMENDED that Defendants' joint motions [Docs. [62 & 88] to dismiss Count One of the Indictment be DENIED. Signed by Magistrate Judge C Clifford Shirley, Jr on 3/30/16. (JBR)
May 4, 2016
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ORDER as to James Brian Joyner (5), Deborah Gayle Thomas (9). The Report and Recommendation [R. 186] filed by Magistrate Judge Shirley is hereby ACCEPTED IN WHOLE, and defendants' motions to dismiss Count One of the Indictment [R. 62, 88] are DENIED. Signed by District Judge Pamela L Reeves on 5/4/16. (JBR)ORDER as to James Brian Joyner (5), Deborah Gayle Thomas (9). The Report and Recommendation [R. 186] filed by Magistrate Judge Shirley is hereby ACCEPTED IN WHOLE, and defendants' motions to dismiss Count One of the Indictment [R. 62, 88] are DENIED. Signed by District Judge Pamela L Reeves on 5/4/16. (JBR)
May 19, 2016
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ORDER as to James Brian Joyner and Deborah Gayle Thomas:The Defendants' Joint Motion to Exclude Unreliable Patient Files as Testimonial Hearsay in Violation of the Confrontation Clause [Doc. 90 ] is DENIED. The Defendants' Joint Motion to Suppress Statements of Alleged Co-conspirator or in Alternative Motion for a Enright Hearing [Doc. 92 ] is DENIED. The Defendant's Joint Motion to Require the Identification of Known but Unindicted Alleged Coconspirators [Doc. 94 ] is DENIED as moot. The Government is strongly encouraged to disclose its witnesses to the Defendants well before the testimony of those witnesses at trial. The Defendants' Joint Motion for Disclosure of the Confidential Informant(s) [Doc. 96 ] is GRANTED with regard to the three confidential informants raised at the November 16, 2015 hearing. The Government was ORDERED to disclose the identity of the third confidential source to the Defendants within ten (10) days of the November 16 hearing. The Defendants' Joint Motion to Compel Disclosure of the Existence and Substance of Promises of Immunity, Leniency, or Preferred Treatment [Doc. 141 ] is DENIED as moot because the Court has already ordered the requested relief in its Order on Discovery and Scheduling [Doc. 8 ]. The Government is strongly encouraged to provide the early disclosure of impeachment evidence at least two weeks before trial. The Defendants' Joint Motion to Compel [Doc. 148 ] is WITHDRAWN, without prejudice to refile with regard to the electronic data, if appropriate and necessary. Signed by Magistrate Judge C Clifford Shirley, Jr on May 19, 2016. (RLK)ORDER as to James Brian Joyner and Deborah Gayle Thomas:The Defendants' Joint Motion to Exclude Unreliable Patient Files as Testimonial Hearsay in Violation of the Confrontation Clause [Doc. 90 ] is DENIED. The Defendants' Joint Motion to Suppress Statements of Alleged Co-conspirator or in Alternative Motion for a Enright Hearing [Doc. 92 ] is DENIED. The Defendant's Joint Motion to Require the Identification of Known but Unindicted Alleged Coconspirators [Doc. 94 ] is DENIED as moot. The Government is strongly encouraged to disclose its witnesses to the Defendants well before the testimony of those witnesses at trial. The Defendants' Joint Motion for Disclosure of the Confidential Informant(s) [Doc. 96 ] is GRANTED with regard to the three confidential informants raised at the November 16, 2015 hearing. The Government was ORDERED to disclose the identity of the third confidential source to the Defendants within ten (10) days of the November 16 hearing. The Defendants' Joint Motion to Compel Disclosure of the Existence and Substance of Promises of Immunity, Leniency, or Preferred Treatment [Doc. 141 ] is DENIED as moot because the Court has already ordered the requested relief in its Order on Discovery and Scheduling [Doc. 8 ]. The Government is strongly encouraged to provide the early disclosure of impeachment evidence at least two weeks before trial. The Defendants' Joint Motion to Compel [Doc. 148 ] is WITHDRAWN, without prejudice to refile with regard to the electronic data, if appropriate and necessary. Signed by Magistrate Judge C Clifford Shirley, Jr on May 19, 2016. (RLK)
March 21, 2017
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MEMORANDUM AND ORDER denying 428 MOTION for Return of Property/PostTrial Passport as to Sherry Ann Fetzer (4) signed by Magistrate Judge C Clifford Shirley, Jr on 3/21/2017. (JDH)