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15-027 - USA v. Hofstetter et al (TV3)


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15-027 - USA v. Hofstetter et al (TV3)
August 2, 2017
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MEMORANDUM OPINION AND ORDER: the Court hereby GRANTS the government's Appeal of Magistrate Judge's Order Appointing Co-Counsel [Doc. 159] as to Sylvia Hofstetter (1). The Court hereby AFFIRMS in part Judge Shirley's Order appointing McGovern as co-counsel for Hofstetter [Doc. 117] and the M&O [Doc. 135], to the extent that Judge Shirley appointed co-counsel for Hofstetter, and REVERSES in part the orders [Docs. 117, 135], to the extent that Judge Shirley appointed McGovern in particular. The Court DISQUALIFIES McGovern from acting as co-counsel for Hofstetter and REMANDS the matter of new appointment of co-counsel for Hofstetter to Magistrate Judge Shirley. Signed by Chief District Judge Thomas A Varlan on August 2, 2017. (AYB)
September 14, 2017
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ORDER granting in part 243 Defendant Hofstetter's Motion to Reconsider Detention Order and Reopen Detention Hearing, in that the Court has reconsidered the Defendant's detention in light of her due process challenge. The Court finds that the Defendant's projected forty-four months of pretrial detention before the trial on October 16, 2018, violates due process and that the Defendant's continued detention would constitute punishment in this case. Accordingly, the Court ORDERS that the Defendant should be RELEASED on conditions. However, the Court also finds that the Government will likely appeal this ruling. Accordingly, the Defendant's release is STAYED for fourteen days from the entry of this Memorandum and Order to give the Government time to appeal, and the Defendant's release will remain stayed during the pendency of the appeal, if one is taken. The Court will hold a hearing on the appropriate conditions of release either at the end of the fourteen days, if the Government does not appeal, or upon the conclusion of the appeal, if the ruling herein is affirmed. Signed by Magistrate Judge C Clifford Shirley, Jr on September 14, 2017. (AYB)
September 27, 2017
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MEMORANDUM and ORDER granting 259 the government's Motion for Reconsideration as to Sylvia Hofstetter (1). Accordingly, the Court will set a hearing on the appropriate conditions of release. Signed by Magistrate Judge C Clifford Shirley, Jr on September 27, 2017. (AYB)
January 3, 2018
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REPORT AND RECOMMENDATION as to Sylvia Hofstetter, Theodore McCrary, Courtney Newman, and Cynthia Clemons: the Court finds no basis to dismiss the Second Superseding Indictment. For the reasons set forth herein, it is RECOMMENDED that the Defendants' joint Motion to Dismiss Pursuant to Federal Rule of Criminal Procedure 12(b)(3)(A)(ii) and/or 12(b)(3)(B)(v) [Doc. 171] be denied. Signed by Magistrate Judge C Clifford Shirley, Jr on January 3, 2018. (AYB)REPORT AND RECOMMENDATION as to Sylvia Hofstetter, Theodore McCrary, Courtney Newman, and Cynthia Clemons: the Court finds no basis to dismiss the Second Superseding Indictment. For the reasons set forth herein, it is RECOMMENDED that the Defendants' joint Motion to Dismiss Pursuant to Federal Rule of Criminal Procedure 12(b)(3)(A)(ii) and/or 12(b)(3)(B)(v) [Doc. 171] be denied. Signed by Magistrate Judge C Clifford Shirley, Jr on January 3, 2018. (AYB)REPORT AND RECOMMENDATION as to Sylvia Hofstetter, Theodore McCrary, Courtney Newman, and Cynthia Clemons: the Court finds no basis to dismiss the Second Superseding Indictment. For the reasons set forth herein, it is RECOMMENDED that the Defendants' joint Motion to Dismiss Pursuant to Federal Rule of Criminal Procedure 12(b)(3)(A)(ii) and/or 12(b)(3)(B)(v) [Doc. 171] be denied. Signed by Magistrate Judge C Clifford Shirley, Jr on January 3, 2018. (AYB)REPORT AND RECOMMENDATION as to Sylvia Hofstetter, Theodore McCrary, Courtney Newman, and Cynthia Clemons: the Court finds no basis to dismiss the Second Superseding Indictment. For the reasons set forth herein, it is RECOMMENDED that the Defendants' joint Motion to Dismiss Pursuant to Federal Rule of Criminal Procedure 12(b)(3)(A)(ii) and/or 12(b)(3)(B)(v) [Doc. 171] be denied. Signed by Magistrate Judge C Clifford Shirley, Jr on January 3, 2018. (AYB)
February 9, 2018
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MEMORANDUM AND ORDER as to Sylvia Hofstetter (1), Theodore McCrary (4), Courtney Newman (5), and Cynthia Clemons (6). The Motion of Defendant Theodore McCrary to Adopt Codefendant Cynthia Clemons' Motion to Sever Doc. 255 is DENIED as moot and the other pending pretrial motions, in which Defendant McCrary has joined, are MOOT as to him. The Defendants' joint motions for a bill of particulars Docs. 115 and 182 are DENIED. Defendant Sylvia Hofstetter, Cynthia Clemons, and Courtney Newman's Motion in Limine to Compel the Government to Produce Original Patient Files Pursuant to Federal Rule of Evidence 1002 Doc. 151 is DENIED as both moot and premature, without prejudice to raise the issue again as a motion in limine. The Defendants' Joint Motion to Suppress Statements of Alleged Co-Conspirator or in Alternative Motion for a[n] Enright Hearing [Doc. 156 is DENIED. The Defendants' joint First Specific Brady Motion for Disclosure of Specific Items of Impeaching Information [Doc. 184 is DENIED as moot without prejudice to refile in the form of a motion for the early disclosure of Jencks materials by the deadline for concluding plea negotiations, which is presently set for August 31, 2018. The Court defers ruling on the Defendants' joint Motion for a Witness List [Doc. 175 and Motion for Designation of Specific Evidence the Government Intends to Use in Its Case-in-Chief [Doc. 177 and DIRECTS Defendants Hofstetter, Newman, and Clemons and the Government to reargue these motions at the May 2, 2018 motion hearing. The Court will expect the Government to present a proposal for further narrowing of the patients whom it may call and the patient files it may seek to use and/or introduce at trial. The Defendants may file supplemental briefs on these motions on or before March 5, 2018. The Government may file a responding supplemental brief by the April 2, 2018 response deadline. Defendant Newman's Motion to Join in Co-defendant Cynthia Clemons' Motion to Sever [Doc. 252 is GRANTED. The Motion to Sever [Doc. 178 is deferred. The Court DIRECTS Defendants Clemons and Newman and the Government to reargue this motion at the May 2, 2018 motion hearing. Defendants Clemons and Newman are DIRECTED to file a supplemental brief, either jointly or separately, on or before March 5, 2018, addressing in particular the Defendants from whom they wish to be severed and the reasons for severance. Alternatively, they may move to withdraw their Motion to Sever. If Defendants Clemons and/or Newman persist in the Motion to Sever, the Government is DIRECTED to file a responsive supplemental brief by the April 2, 2018 response deadline, addressing in particular whether the submitted statements still present a Bruton issue and whether any other statements must be considered in the Bruton analysis. The Defendant's motions for a change in venue [Doc. 52, or in the alternative, to bring in an outside jury due to pretrial publicity [Doc. 152 are DENIED. The Defendants' Joint Motion to Distribute Juror Questionnaire [Doc. 158 is DENIED as premature, without prejudice to refile the motion with a proposed juror questionnaire and distribution procedure attached by no later than one month before trial. Defendants' Motion to Correct the Record [Doc. 173 is DENIED as moot. The Clerk of Court is DIRECTED to add a reference to this Memorandum and Order in the docket text of Document 137, Exhibit 12. Signed by Magistrate Judge C Clifford Shirley, Jr on February 9, 2018. (AYB) Modified on 2/12/2018 (JAN, ).MEMORANDUM AND ORDER as to Sylvia Hofstetter (1), Theodore McCrary (4), Courtney Newman (5), and Cynthia Clemons (6). The Motion of Defendant Theodore McCrary to Adopt Codefendant Cynthia Clemons' Motion to Sever Doc. 255 is DENIED as moot and the other pending pretrial motions, in which Defendant McCrary has joined, are MOOT as to him. The Defendants' joint motions for a bill of particulars Docs. 115 and 182 are DENIED. Defendant Sylvia Hofstetter, Cynthia Clemons, and Courtney Newman's Motion in Limine to Compel the Government to Produce Original Patient Files Pursuant to Federal Rule of Evidence 1002 Doc. 151 is DENIED as both moot and premature, without prejudice to raise the issue again as a motion in limine. The Defendants' Joint Motion to Suppress Statements of Alleged Co-Conspirator or in Alternative Motion for a[n] Enright Hearing [Doc. 156 is DENIED. The Defendants' joint First Specific Brady Motion for Disclosure of Specific Items of Impeaching Information [Doc. 184 is DENIED as moot without prejudice to refile in the form of a motion for the early disclosure of Jencks materials by the deadline for concluding plea negotiations, which is presently set for August 31, 2018. The Court defers ruling on the Defendants' joint Motion for a Witness List [Doc. 175 and Motion for Designation of Specific Evidence the Government Intends to Use in Its Case-in-Chief [Doc. 177 and DIRECTS Defendants Hofstetter, Newman, and Clemons and the Government to reargue these motions at the May 2, 2018 motion hearing. The Court will expect the Government to present a proposal for further narrowing of the patients whom it may call and the patient files it may seek to use and/or introduce at trial. The Defendants may file supplemental briefs on these motions on or before March 5, 2018. The Government may file a responding supplemental brief by the April 2, 2018 response deadline. Defendant Newman's Motion to Join in Co-defendant Cynthia Clemons' Motion to Sever [Doc. 252 is GRANTED. The Motion to Sever [Doc. 178 is deferred. The Court DIRECTS Defendants Clemons and Newman and the Government to reargue this motion at the May 2, 2018 motion hearing. Defendants Clemons and Newman are DIRECTED to file a supplemental brief, either jointly or separately, on or before March 5, 2018, addressing in particular the Defendants from whom they wish to be severed and the reasons for severance. Alternatively, they may move to withdraw their Motion to Sever. If Defendants Clemons and/or Newman persist in the Motion to Sever, the Government is DIRECTED to file a responsive supplemental brief by the April 2, 2018 response deadline, addressing in particular whether the submitted statements still present a Bruton issue and whether any other statements must be considered in the Bruton analysis. The Defendant's motions for a change in venue [Doc. 52, or in the alternative, to bring in an outside jury due to pretrial publicity [Doc. 152 are DENIED. The Defendants' Joint Motion to Distribute Juror Questionnaire [Doc. 158 is DENIED as premature, without prejudice to refile the motion with a proposed juror questionnaire and distribution procedure attached by no later than one month before trial. Defendants' Motion to Correct the Record [Doc. 173 is DENIED as moot. The Clerk of Court is DIRECTED to add a reference to this Memorandum and Order in the docket text of Document 137, Exhibit 12. Signed by Magistrate Judge C Clifford Shirley, Jr on February 9, 2018. (AYB) Modified on 2/12/2018 (JAN, ).MEMORANDUM AND ORDER as to Sylvia Hofstetter (1), Theodore McCrary (4), Courtney Newman (5), and Cynthia Clemons (6). The Motion of Defendant Theodore McCrary to Adopt Codefendant Cynthia Clemons' Motion to Sever Doc. 255 is DENIED as moot and the other pending pretrial motions, in which Defendant McCrary has joined, are MOOT as to him. The Defendants' joint motions for a bill of particulars Docs. 115 and 182 are DENIED. Defendant Sylvia Hofstetter, Cynthia Clemons, and Courtney Newman's Motion in Limine to Compel the Government to Produce Original Patient Files Pursuant to Federal Rule of Evidence 1002 Doc. 151 is DENIED as both moot and premature, without prejudice to raise the issue again as a motion in limine. The Defendants' Joint Motion to Suppress Statements of Alleged Co-Conspirator or in Alternative Motion for a[n] Enright Hearing [Doc. 156 is DENIED. The Defendants' joint First Specific Brady Motion for Disclosure of Specific Items of Impeaching Information [Doc. 184 is DENIED as moot without prejudice to refile in the form of a motion for the early disclosure of Jencks materials by the deadline for concluding plea negotiations, which is presently set for August 31, 2018. The Court defers ruling on the Defendants' joint Motion for a Witness List [Doc. 175 and Motion for Designation of Specific Evidence the Government Intends to Use in Its Case-in-Chief [Doc. 177 and DIRECTS Defendants Hofstetter, Newman, and Clemons and the Government to reargue these motions at the May 2, 2018 motion hearing. The Court will expect the Government to present a proposal for further narrowing of the patients whom it may call and the patient files it may seek to use and/or introduce at trial. The Defendants may file supplemental briefs on these motions on or before March 5, 2018. The Government may file a responding supplemental brief by the April 2, 2018 response deadline. Defendant Newman's Motion to Join in Co-defendant Cynthia Clemons' Motion to Sever [Doc. 252 is GRANTED. The Motion to Sever [Doc. 178 is deferred. The Court DIRECTS Defendants Clemons and Newman and the Government to reargue this motion at the May 2, 2018 motion hearing. Defendants Clemons and Newman are DIRECTED to file a supplemental brief, either jointly or separately, on or before March 5, 2018, addressing in particular the Defendants from whom they wish to be severed and the reasons for severance. Alternatively, they may move to withdraw their Motion to Sever. If Defendants Clemons and/or Newman persist in the Motion to Sever, the Government is DIRECTED to file a responsive supplemental brief by the April 2, 2018 response deadline, addressing in particular whether the submitted statements still present a Bruton issue and whether any other statements must be considered in the Bruton analysis. The Defendant's motions for a change in venue [Doc. 52, or in the alternative, to bring in an outside jury due to pretrial publicity [Doc. 152 are DENIED. The Defendants' Joint Motion to Distribute Juror Questionnaire [Doc. 158 is DENIED as premature, without prejudice to refile the motion with a proposed juror questionnaire and distribution procedure attached by no later than one month before trial. Defendants' Motion to Correct the Record [Doc. 173 is DENIED as moot. The Clerk of Court is DIRECTED to add a reference to this Memorandum and Order in the docket text of Document 137, Exhibit 12. Signed by Magistrate Judge C Clifford Shirley, Jr on February 9, 2018. (AYB) Modified on 2/12/2018 (JAN, ).MEMORANDUM AND ORDER as to Sylvia Hofstetter (1), Theodore McCrary (4), Courtney Newman (5), and Cynthia Clemons (6). The Motion of Defendant Theodore McCrary to Adopt Codefendant Cynthia Clemons' Motion to Sever Doc. 255 is DENIED as moot and the other pending pretrial motions, in which Defendant McCrary has joined, are MOOT as to him. The Defendants' joint motions for a bill of particulars Docs. 115 and 182 are DENIED. Defendant Sylvia Hofstetter, Cynthia Clemons, and Courtney Newman's Motion in Limine to Compel the Government to Produce Original Patient Files Pursuant to Federal Rule of Evidence 1002 Doc. 151 is DENIED as both moot and premature, without prejudice to raise the issue again as a motion in limine. The Defendants' Joint Motion to Suppress Statements of Alleged Co-Conspirator or in Alternative Motion for a[n] Enright Hearing [Doc. 156 is DENIED. The Defendants' joint First Specific Brady Motion for Disclosure of Specific Items of Impeaching Information [Doc. 184 is DENIED as moot without prejudice to refile in the form of a motion for the early disclosure of Jencks materials by the deadline for concluding plea negotiations, which is presently set for August 31, 2018. The Court defers ruling on the Defendants' joint Motion for a Witness List [Doc. 175 and Motion for Designation of Specific Evidence the Government Intends to Use in Its Case-in-Chief [Doc. 177 and DIRECTS Defendants Hofstetter, Newman, and Clemons and the Government to reargue these motions at the May 2, 2018 motion hearing. The Court will expect the Government to present a proposal for further narrowing of the patients whom it may call and the patient files it may seek to use and/or introduce at trial. The Defendants may file supplemental briefs on these motions on or before March 5, 2018. The Government may file a responding supplemental brief by the April 2, 2018 response deadline. Defendant Newman's Motion to Join in Co-defendant Cynthia Clemons' Motion to Sever [Doc. 252 is GRANTED. The Motion to Sever [Doc. 178 is deferred. The Court DIRECTS Defendants Clemons and Newman and the Government to reargue this motion at the May 2, 2018 motion hearing. Defendants Clemons and Newman are DIRECTED to file a supplemental brief, either jointly or separately, on or before March 5, 2018, addressing in particular the Defendants from whom they wish to be severed and the reasons for severance. Alternatively, they may move to withdraw their Motion to Sever. If Defendants Clemons and/or Newman persist in the Motion to Sever, the Government is DIRECTED to file a responsive supplemental brief by the April 2, 2018 response deadline, addressing in particular whether the submitted statements still present a Bruton issue and whether any other statements must be considered in the Bruton analysis. The Defendant's motions for a change in venue [Doc. 52, or in the alternative, to bring in an outside jury due to pretrial publicity [Doc. 152 are DENIED. The Defendants' Joint Motion to Distribute Juror Questionnaire [Doc. 158 is DENIED as premature, without prejudice to refile the motion with a proposed juror questionnaire and distribution procedure attached by no later than one month before trial. Defendants' Motion to Correct the Record [Doc. 173 is DENIED as moot. The Clerk of Court is DIRECTED to add a reference to this Memorandum and Order in the docket text of Document 137, Exhibit 12. Signed by Magistrate Judge C Clifford Shirley, Jr on February 9, 2018. (AYB) Modified on 2/12/2018 (JAN, ).
April 6, 2018
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ORDER accepting in whole 275 United States Magistrate Judge C. Clifford Shirley, Jr.'s Report and Recommendation as to Sylvia Hofstetter (1), Theodore McCrary (4), Courtney Newman (5), and Cynthia Clemons (6). The defendants' Motion to Dismiss Indictment [Doc. 171] is DENIED. Signed by Chief District Judge Thomas A Varlan on April 6, 2018, NUNC PRO TUNC February 15, 2018. (AYB)ORDER accepting in whole 275 United States Magistrate Judge C. Clifford Shirley, Jr.'s Report and Recommendation as to Sylvia Hofstetter (1), Theodore McCrary (4), Courtney Newman (5), and Cynthia Clemons (6). The defendants' Motion to Dismiss Indictment [Doc. 171] is DENIED. Signed by Chief District Judge Thomas A Varlan on April 6, 2018, NUNC PRO TUNC February 15, 2018. (AYB)ORDER accepting in whole 275 United States Magistrate Judge C. Clifford Shirley, Jr.'s Report and Recommendation as to Sylvia Hofstetter (1), Theodore McCrary (4), Courtney Newman (5), and Cynthia Clemons (6). The defendants' Motion to Dismiss Indictment [Doc. 171] is DENIED. Signed by Chief District Judge Thomas A Varlan on April 6, 2018, NUNC PRO TUNC February 15, 2018. (AYB)ORDER accepting in whole 275 United States Magistrate Judge C. Clifford Shirley, Jr.'s Report and Recommendation as to Sylvia Hofstetter (1), Theodore McCrary (4), Courtney Newman (5), and Cynthia Clemons (6). The defendants' Motion to Dismiss Indictment [Doc. 171] is DENIED. Signed by Chief District Judge Thomas A Varlan on April 6, 2018, NUNC PRO TUNC February 15, 2018. (AYB)