Unites States v. Rostie, Et al - ECF filings in case 08-00026--CR-W-FJG
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Public Pleadings and Orders Filed in the Case Listed by Document Docket Number
FEBRUARY 2008
doc 1.pdf 2/5/08 The indictment
doc 2.pdf ►Minute Order by Magistrate on first appearance 14 Feb 08
doc 3.pdf ►Discovery Order of Magistrate as to Rostie 14 Feb 08
doc 4.pdf Entry of Appearance for Osgood for Elder (816) 525 8200 15 Feb 08
doc 5.pdf ►Order referring case to Magistrate 19 Feb 08
doc 7.pdf Entry of Appearance Hobbs for Martin (816) 221 0080 - 20 Feb 08
doc 9.pdf ►Minute Entry by Magistrate of initial appearance 20 Feb 08
doc10.pdf ►Order by Magistrate setting scheduling conference 20 Feb 08
doc11.pdf Lis pendis filed against Martin 22 Feb 08
doc12.pdf Lis pendis against Rostie 22 Feb 08
doc13.pdf Lis pendis against other defendants 22 Feb 08
doc14.pdf ►Minute entry by Magistrate on Elder & Discovery Order handed out but not filed. 28 Feb 08
doc15.pdf ►Minute Order by Magistrate on scheduling - 28 Feb 08MARCH 2008
doc16.pdf Motion to continue by defendant Martin - 3 Mar 08
doc19.pdf Waiver Speedy trial by def Martin - 5 Mar 08
doc21.pdf ►Trial Order by Magistrate as to Rostie, Martin and Elder - 14 Mar 08
doc22.pdf Elder motion sever counts & defendants - 23 Mar 08
doc23.pdf Elder motion to strike surplusage - 23 Mar 08
doc26.pdf Rule 5(c) documents on Solomon 26 Mar 08
doc27.pdf Rule 5(c) documents on Johnson - 26 Mar 08APRIL 2008
doc28.pdf Pro hac vice motion by attorney Bannwart - 2 Apr 08
doc29.pdf ►Order granting attorney Bannwart motion - 2 Apr 08
doc30.pdf Bannwart Entry of Appearance for Solomon (713) 807-0020 - 2 Apr 08
doc31.pdf Change of Venue Motion for Solomon - 2 Apr 08
doc32.pdf Bannwart Entry of Appearance for Johnson - 2 Apr 08
doc33.pdf Change of Venue Motion for Johnson - 2 Apr 08
doc34.pdf ►Bond Order by Magistrate on Solomon and Johnson - 2 Apr 08
doc35.pdf ►Discovery Order by Magistrate as to Solomon and Johnson - 4/3/08
doc36.pdf Waiver of conflict by Solomon - 2 Apr 08
doc37.pdf Waiver of conflict by Johnson - 2 Apr 08
doc40.pdf Gov motion to file response to Elder motions out of time doc22 and doc23. - 4 Apr 08
doc41.pdf ►Trial Order by Magistrate on Solomon and Johnson - 11 Apr 08
doc42.pdf Entry notice of appearance of counsel for Rostie - 14 Apr 08
doc43.pdf Notice of appearance of counsel for Rostie 14 Apr 08
doc44.pdf Gov motion to file responses to Solomon and Johnson out of time doc31 and doc33 - 15 Apr 08
doc45.pdf Gov reply objecting to change of venue for Solomon and Johnson - 28 Apr 08MAY 2008
doc46.pdf Gov reply to Elder motion to strike surplusage (doc23) - 5 May 08
doc47.pdf [document improperly filed - removed and replaced with doc48]
doc48.pdf Gov reply to Elder's motion for severance doc22 - 6 May 08
doc49.pdf Gov motion for Elder to produce handwriting - 15 May 08
doc50.pdf Elder motion to preclude handwriting expert testimony and request for Dalbert hearing - 18 May 08
doc51.pdf Elder motion opposing submission of handwriting - 18 May 08
doc53.pdf ►Court minute Order on handwriting on Elder - 22 May 08JUNE 2008
doc55.pdf Elder Motion - notice of alibi and request for bill of particulars - 7 Jun 08
doc57.pdf Martin Motion to dismiss for failure to state offense - 16 Jun 08
doc58.pdf Solomon motion for bill of particulars - 16 Jun 08
doc59.pdf Solomon motion for discovery - 16 Jun 08
doc60.pdf Solomon motion for discovery of informants - 16 Jun 08
doc61.pdf Solomon motion for early discovery of witness statements - 16 Jun 08
doc62.pdf Solomon motion for evidence favorable to defendant - 16 Jun 08
doc63.pdf Johnson motion for bill of particulars - 16 Jun 08
doc64.pdf Johnson motion to quash indictment - 16 Jun 08
doc65.pdf Solomon motion to quash indictment - 16 Jun 08
doc66.pdf Johnson motion to modify bond conditions - 16 Jun 08
doc67.pdf Johnson motion for discovery of informants - 16 Jun 08
doc68.pdf Johnson motion for discovery - 16 Jun 08
doc69.pdf Johnson motion for early production of witness statements - 16 Jun 08
doc70.pdf Johnson motion for discovery of evidence favorable to defendant - 16 Jun 08
doc71.pdf ►Order by Magistrate granting bond modification for Johnson to travel - 19 Jun 08
doc72.pdf Gov Motion to file response to Elder Bill of Particulars out of time (doc55.pdf) - 25 Jun 08
doc73.pdf Rostie Motion to File pretrial motions out of time - 26 Jun 08
doc74.pdf Gov motion - request for extension of time to answer Martin motion to dismiss - 27 Jun 08JULY 2008
doc76.pdf ►Order granting government right to file various answers out of time. doc40, doc44, doc72, & doc75 - 3 Jul 08
doc77.pdf Gov motion opposing Elder's bill of particulars in support of alibi notice - 7 Jul 08
doc78.pdf ►Notice of cancel of status conference hearing before Magistrate Hays - 14 Jul 08
doc79.pdf Gov response to Martin motion to dismiss money laundering counts (doc57..pdf) - 14 Jul 08
doc80.pdf ►Order by Magistrate granting Rostie leave to file out of time - 15 Jul 08
doc81.pdf Gov motion to file response to Elder hand writing in limine motion out of time (doc50.pdf) - 16 Jul 08
doc82.pdf Gov consolidated response to Solomon & Johnson discovery motions 59, 60, 61, 62, 67, 68, & 70 - 21 Jul 08
doc83.pdf Gov consolidated response to Solomon motion for bill of particulars and motion to quash doc58 & doc65 - 21 Jul 08
doc84.pdf Gov consolidated response to Johnson motion for bill of particulars and motion to quash doc63 & doc64 - 21 Jul 08
doc85.pdf Entry of appearance for AUSA Curt Bohling as Gov co-counsel (816) 426 3122 - 22 Jul 08
doc86.pdf Reply by Martin's atty to gov response (doc 79.pdf) to motion to dismiss (doc57.pdf) - 29 Jul 08AUGUST 2008
doc87.pdf Elder Motion to file motion to suppress under seal with suggestions. - 7 Aug 08
doc88.pdf Elder Motion for issuance of Rule 17(c) subpoena for Okose records - 20 Aug 08
doc89.pdf ►Order Notice of pretrial hearing for Sep 9, 2008 at 4:40 p.m. and agenda to cover - 20 Aug 08
doc90.pdf Entry of appearance for Solomon - Atty Brian Gaddy, KCMO (816) 221-8989 - 21 Aug 08
doc91.pdf Entry of appearance for Solomon pro hac vice - Chip Lewis, Texas (713) 523-7878 - 21 Aug 08
doc92.pdf Entry of appearance for Solomon pro hac vice - Mary Grace Ruden, Texas (713) 523-7878 - 21 Aug 08
doc93.pdf Elder Motion to dismiss indictment because of misconduct - 22 Aug 08
doc94.pdf ►Order granting pro hac vice entries for Lewis and Ruden - 22 Aug 08
doc95.pdf 08/22/08 ►Order of Magistrate granting Elder authority to file motion to suppress under seal out of time. doc96.pdf 08/22/08 Elder Motion to Suppress Search of South Texas Wellness Center (filed Under Seal) - 22 Aug 08 doc97.pdf 08/25/08 Motion to Continue by Martin (atty Hobbs) to Jan 09 date - 25 Aug 08 doc98.pdf 08/29/08 Motion to dismiss Count II by Solomon (atty Lewis and Gaddy) - 29 Aug 08 SEP 2008 doc99.pdf 09/02/08 Waiver of Speedy trial by Martin (atty Hobbs) doc100.pdf 09/03/08 ►Notice of change of plea hearing by District Court for defendant Lynn Rostie - 3 Sep 08 doc101.pdf 09/03/08 Gov answer to Elder motion in limine doc50.pdf attacking handwriting evidence doc102.pdf 09/04/08 Elder Motion in limine to preclude gov introduction of plea agreements before jury doc103.pd 09/0408 Rostie plea agreement and plea - 4 Sep 08 doc104.pdf 09/04/08 ►Minute Entry on Rostie Change of plea before US District Court Judge - doc105.pdf 9/06/08 Elder Motion in limine to preclude use of Autotrack XP online search evidence - 6 Sep 08 doc106.pdf 09/06/08 Elder Reply to Gov answer doc101 on handwriting issue - 6 Sep 08 doc1doc105.pdf Elder Motion in limine to preclude references to alleged Rostie phone calls with him doc108.pdf 09/07/08 Elder Motion to file out-of-time motion to suppress handwriting ID by Hearn doc109.pdf 09/08/08 Gov motion to file for an extension to answer an Elder motion under seal doc110.pdf 09/08/09 ►Order by Magistrate denying Gov motion to file extension motion under seal (see doc109) - 8 Sep 08 doc111.pdf 09/08/08 ►Order by Magistrate setting motion hearing for Sep 24, 2008 at 11:30 a.m. before Judge Hays - 8 Sep 08 doc112.pdf 09/08/08 Gov motion for extension of time to respond to Elder motion to suppress search (doc96) doc113.pdf 09/08/08 Gov suggestions in opposition to Elder motion (doc93) to dismiss for misconduct - 9 Sep 08 doc114.pdf 09/23/08 Solomon waives appearance in person at hearing by Lewis and Gaddy attys doc115.pdf 09/24/08 Solomon & Johnson motion to join Elder motion to suppress STW Center search doc116.pdf 09/24/08 Notice of Lead counsel for Solomon filed by Bannwart designating himself doc117.pdf 09/24/08 Elder Motion to Suppress lay handwriting identification by Hearn on due process grounds doc118.pdf 09/25/08 ►Order granting trial continuance to January 15. 2009 regular docket doc119.pdf 9/24/08 ►Order by Magistrate notice of Order to follow on discovery issues. Prior Order doc119 withdrawn - OCT 2008 doc120.pdf 10/01/08 ►Order by Magistrate result from 9/24/08 hearing on motions and discovery doc121.pdf 10/01/08 ►Order Notice of Hearing date on Elder handwriting motion 117 for Oct 21, 2008 at 1:30 p.m. doc122.pdf 10/01/08 ►Order by Magistrate Notice Hearing - Elder & others - discuss standing on search doc123.pdf 10/01/08 Affidavit / Notice of surrender of Rostie's DEA license to BNDD filed by atty for Rostie doc124.pdf 10/02/08 Affidavit / Notice of surrender of Rostie's license to State Board of Pharmacy by Rostie atty doc125.pdf 10/02/08 Affidavit / Notice of surrender of Rostie's license to Judi Watterson by Rostie atty doc126.pdf 10/03/08 Gov Motion to file document under seal (Filed under Seal) - 3 Oct 2008) doc127.pdf 10/03/08 Gov reply to Elder motion in limine on plea agreements doc102 doc128.pdf 10/03/08 ►Order -Magistrate Granting authority to file documents under seal (Filed under Seal) doc129.pdf 10/03/08 Gov consolidated response to motions to suppress (Filed under Seal) doc130.pdf 10/10/08 Clerk Notice of transcript availability date of discovery hearing on 9/24/08 doc131.pdf 10/15/08 Gov reply to Elder motion (doc117) to suppress handwriting ID by lay witness Hearn doc132.pdf 10/20/08 Elder notice of intent to argue cases on standing issue with citations re Elder motion doc96. doc133.pdf 10/21/08 ►Order by Magistrate re a.m. hearing on Oct 21, 2008 doc134.pdf 10/21/08 ►Order / Clerks Minutes as to evidentiary hearing on Oct 21, 2008 doc135.pdf 10/21/08 Defendant Elder exhibit list for hearing on Oct 21, 2008 before Magistrate Hays doc136.pdf 10/26/08 ►Notice of transcript on file for 90 day redaction doc137.pdf 10/26/08 ►Notice of transcript on file for 90 day redaction doc138.pdf 10/27/08 Bannwart supplemental pleading - standing for STWC with attachments A | B | C doc139.pdf There is no entry on the docket sheet reflecting a document 139 NOV 2008 doc140.pdf 11/05/08 Gov response in opposition with attachment A to Solomon standing argument doc 138 doc141.pdf 11/19/08 Bannwart 2nd supplemental pleading - standing for STWC with Attachments A&B DEC 2008 doc142.pdf 12/01/08 ►Pretrial Conference Order setting pretrial for Dec 16, 2008 at 10:20 a.m. See highlighted items. doc143.pdf 12/03/08 Gov reply to Solomon supplemental pleading on standing for STWC doc 141. doc144.pdf 12/04/08 ►Magistrate R&R to deny motion to suppress search of STWC 4 Dec 08 doc145.pdf 12/05/08 Government's First proposed witness list doc146.pdf 12/05/08 Defendant Martin Exhibit list 5 Dec 08 doc147.pdf 12/05/08 Defendant Martin Witness list 5 Dec 08 doc148.pdf 12/06/08 Defendant Elder's objections to Magistrate's R&R doc 144 doc149.pdf 12/09/08 Defendant Elder's First Proposed Witness List, 9 Dec 2008 doc150.pdf 12/10/08 Government notice of Expert Witness Testimony | doc150-2 Catizone, Carmen A. MS R PH. D.Ph. - CV doc150-3 Glenski, R.Ph. - CV | doc150-4 Kowal, John, Houston P.D - CV | doc150-5 Lock, Donald - CV | doc150-6 Morgan, Richard - CV | doc150-7 Nelson, Lorie - CV | doc150-8 Substance of testimony that Morgan will testify to doc151.pdf 12/10/08 ►Magistrate R&R to deny Martin, Solomon & Johnson dismissal of money laundering counts doc152.pdf 12/11/08 ►Notice of change of plea setting for Martin set for 12/18/08 at 9:30 a.m. doc153.pdf 12/12/08 ►Magistrate R&R to deny Elder motion to dismiss based on Gov misconduct by DEA doc154.pdf 12/12/08 Joint Motion filed by Elder for all remaining defendants seeking continuance of trial doc155.pdf 12/12/08 ►Magistrate clerk's docket entry on pretrial hearing procedure and waiver of appearance doc156.pdf 12/12/08 Bannwart motion for Solomon and Johnson to dismiss for discovery violations by Gov filed 12 Dec 08 doc157.pdf 12/12/08 Solomon and Johnson First Witness List filed 12 Dec 08 doc158.pdf 12/14/08 Solomon objections to Magistrate R&R to deny motion to suppress STWC warrant | doc158-2 Attachment to objections (redacted copy) doc158 | doc158-3 - Attachment to objections doc158 doc159.pdf 12/15/08 ►Docket entry withdrawn by Clerk because of improper designation 15 Dec 08 doc160.pdf 12/15/08 Solomon and Johnson's "First" witness list of 15 dec 08 (see doc157 above -duplicate?) doc161.pdf 12/15/08 Solomon and Johnson's First proposed exhibit list 15 Dec 08 doc162.pdf 12/15/08 Solomon and Johnson's amended motion for transfer and severance 15 Dec 08 doc163.pdf 12/16/08 ►Magistrate clerk's Docket entry notice on change of hearing date to 17 Dec 08 - supersedes doc 155.pdf doc164.pdf 12/17/08 ►Minute entry by clerk of matters discussed at hearing on 17 Dec 08 doc165.pdf 12/18/08 ►Minute Order on Change of Plea on Cynthia S. Martin on 18 Dec 08 doc166.pdf 12/18/08 Plea agreement for Cynthia S. Martin file 18 Dec 08 doc167.pdf 12/22/08 Objections by Atty Hobbs to R&R denying dismissal of Money Laundering counts 22 Dec 08 doc168.pdf 12/22/08 Bannwart's joint objections to R&R denying money laundering dismissal counts - 22 dec 08 JAN 2009 doc169.pdf 01/02/09 Elder motion in limine to prevent testimony of Houston PD officer about street dealing 2 Jan 09 doc170.pdf 01/07/09 Gov request for extension of time to reply to doc169 Elder motion. 7 Jan 09 doc171.pdf 01/09/09 Pro hac vice motion to admit Texas Asst AG to file motion to quash - 9 Jan 09 doc172.pdf 01/12/09 ►Order granting continuance and Trial Scheduling Order - 12 Jan 09 doc173.pdf 01/12/09 ►Order granting pro hac admission of Texas Asst AG doc174.pdf 01/15/09 ►Oral Order granting gov motion for extension (doc170) doc175.pdf 01/15/09 Amended motion to change venue by atty Bannwart with Exhibit A. doc176.pdf 01/27/09 ►Order of district court adopting magistrate R&R denying search suppression motions doc177.pdf 01/28/09 Government response to in limine by Elder (doc169) to preclude Houston PD drug expert testimony FEB 2009 doc178.pdf 02/02/09 Government motion to extend deadline to file response to venue transfer motion (doc175) doc179.pdf 02/09/09 ►Order of district court adopting magistrate R&R denying motion to dismiss (doc93) for gov misconduct doc180.pdf 02/09/09 ►Order district court denying Martin motion #57; & Solomon/Johnson motions #s 64; 65; & 98 doc181.pdf 02/10/09 Government answer to Solomon/Johnson renewed motion doc175 to change venue doc182.pdf 02/17/09 Elder motion for change of venue from Missouri to Texas doc183.pdf 02/18/09 Texas AG motion to quash Okose subpoena with attachment doc184.pdf 02/19/09 Elder answer in opposition to Texas AG motion to quash with attachment -Appendix A doc185.pdf 02/23/09 ►Order setting hearing for 3/4/09 at 2:00 p.m. on TMB motion to quash subpoena MAR 2009 doc186.pdf 03/04/09 ►Minute Order giving TMB until 3/19/09 to file TMB documents on Okose in camera doc187.pdf 03/05/09 Motion by Government to file pleading under seal taking up representation issues on Solomon & Johnson doc188.pdf Sealed pre-sentence investigation on one of the co-defendants. doc189.pdf 03/06/09 ►Oral Order granting [187] motion for leave to file under seal by Government doc190.pdf 03/05/09 Motion filed under seal by Government (Filed under Seal) - 16 Mar 2009 doc191.pdf 03/16/09 ►Order setting pretrial conference for Tue, April 7, 2009 at 12:00 noon doc192.pdf 03/17/09 TMB Notice to seal documents filed in camera on Okose doc193.pdf 03/17/09 TMB's cover pleading tendering 47 pages of documents for in camera review by Magistrate doc194.pdf 03/17/09 Joint Motion by Elder, Solomon & Johnson for continuance unopposed by Government doc195.pdf 03/18/09 ►Magistrate Order authorizing TMB filing of Okose document in camera under seal. doc196.pdf Notice of transcript filed from hearing on TBM motion to quash 17(c) subpoena. doc197.pdf 03/31/09 ►Order Notice of Rule 44 atty conflict hearing for Solomon and Johnson - 4/14/09 setting. APR 2009 doc198.pdf 04/02/09 This document was deleted and has been replaced with doc200.pdf doc199.pdf 04/02/09 ►Magistrate's Order denying severance for Elder and Change of Venue for all defendants - 2 Apr 09 doc200.pdf 04/02/09 Elder Supplement pleading in aid of in camera determination of relevancy of TMB records doc201.pdf 04/03/09 Elder Motion for reconsideration of denial of severance (doc 199) - 3 Apr 09 doc202.pdf 04/06/09 ►Order Notice canceling 4/7/09 pretrial - to be set for later date - notice to follow doc203.pdf 04/07/09 2nd Waiver of right to separate counsel by Troy Solomon doc204.pdf 04/07/09 2nd Waiver of right to separate counsel by Delmon Johnson doc205.pdf 04/10/09 No docket entry appears on the official docket for #205 doc206.pdf 04/10/09 Government Pleading for Immunity for Pleshette Johnson by mistake that was WITHDRAWN doc207.pdf 04/10/09 Gov Motion to compel testimony of Aada Johnson with attachment. from Justice Department doc208.pdf 04/10/09 Motion by Bannwart for Solomon and Johnson to file response to Doc190 out of time (conflict motion) doc209.pdf 04/10/09 Reply to Gov motion 190 by Bannwart concerning attorney/client conflict allegation by government doc210.pdf 04/13/09 Gov Motion to compel testimony of Pleshette Johnson with attachment from Justice Dept doc211.pdf 04/13/09 ►Order by DCt compelling testimony of Ada Johnson doc212.pdf 04/13/09 ►Order by DCt compelling testimony of Pleshette B. Johnson doc213.pdf 04/13/09 Exhibit list filed by government (says for trial but probably for hearing?) doc214.pdf 04/15/09 ►Magistrate R&R to deny Solomon & Johnson motion to dismiss (doc156) doc215.pdf 04/15/09 ►Order by district court granting continuance to July 20, 2009 doc216.pdf 04/14/09 ►Minute Order as to 4/14/09 conflict hearing on Solomon and Johnson doc217.pdf 04/14/09 Gov Exhibit list - conflict hearing on 4/19/09 doc218.pdf 04/20/09 Gov reply of 4/20/09 to Solomon & Johnson's opposition to motion to disqualify doc219.pdf 04/21/09 ►Notice of filing of electronic transcript of 4/14/09 hearing - actual transcript doc220.pdf 04/30/09 Reply by Lewis for Solomon on attorney conflict issue MAY 2009 doc221.pdf 05/01/09 ►Magistrate R&R recommending denial of due process argument to preclude Hearn testimony doc222.pdf 05/01/09 Elder Objections on 1 May 09 to Magistrate R&R, doc221.pdf filed same day. doc223.pdf 05/27/09 ►Order Gaitan denying Solomon & Johnson motions dismiss doc156 & adopt R&R doc214 doc224.pdf 05/27/09 ►Order 5/27/09 by Gaitan adopting Magistrate R&R doc221 on Hearn issue JUNE 2009 doc225.pdf 06/01/09 ►Order denying Elder motion to strike first seven paragraphs of indictment as surplusage doc226.pdf 06/01/09 ►Order authorizing Solomon & Johnson to file response to gov conflict motion out-of-time doc227.pdf 06/15/09 ►Order setting pretrial conference for 9:20 a.m. on June 30, 2009 doc228.pdf 06/17/09 Government Notice of intent to use prior conviction of Johnson to impeach him doc229.pdf 06/22/09 Government motion in limine to limit defense attorney participation doc230.pdf 06/22/09 ►Order directing gov file Johnson proposed plea agreement under seal - issue to be discussed at pretrial doc231.pdf 06/26/09 Government supplemental notice of expected expert testimony and content doc232.pdf 06/26/09 Government proposed exhibit list file 26 Jun 09 doc233.pdf 06/27/09 Elder first Amended Witness List filed 27 Jun 09 doc234.pdf 06/29/09 Elder proposed voir dire questions to submit the jury if court does all inquiry doc235.pdf 06/29/09 Elder motion requesting a Daubert hearing on Houston PD Officer qualifications doc236.pdf 06/29/09 Johnson motion by Bannwart to disallow impeachment of Johnson with old conviction doc237.pdf 06/29/09 Solomon motion to adopt Elder's proposed voir dire questions doc238.pdf 06/29/09 Solomon motion to join in request for Daubert hearing on Kowal doc239.pdf 06/29/09 Joint motion by Solomon and Johnson requesting a continuance of trial setting doc240.pdf 06/30/09 ►Minute Order on pretrial conference on 6/30/09 doc241.pdf 06/30/09 Government amended witness list filed 30 June 2009 JULY 2009 doc242.pdf 07/02/09 Solomon & Johnson renewed motion for change of venue filed 2 Jul 09 doc243.pdf 07/06/09 ►Order denying motion for reconsideration requesting severance of trials on Elder doc244.pdf 07/06/09 ►Order granting TMB's motion to quash 17(c) subpoena served on it by Elder doc245.pdf 07/07/09 Notice of transcript of pretrial hearing placed on file and availability date. Actual transcript doc246.pdf 07/13/09 ►Order disqualifying Anthony Bannwart as counsel for Solomon & Johnson based on conflict doc247.pdf 07/14/09 Government opposition to Daubert hearing on Houston PD Officer Knowall doc248.pdf 07/15/09 Government opposition to Solomon and Johnson venue reconsideration motion doc249.pdf 07/22/09 ►Order setting telephone hearing for Solomon and Johnson at 1:30 for 7/29/09 doc250.pdf 07/22/09 ►Order granting continuance. Trial now set for November 2, 2009 doc251.pdf 07/23/09 Appeal by Bannwart of disqualification order doc246 doc252.pdf 07/23/09 ►Correction to doc251 and cancellation of doc249 hearing notice doc253.pdf 07/30/09 Government response to appeal of conflict Order by Bannwart AUG 2009 doc254.pdf 08/25/09 ►Order 25 Aug 09 by district court denying Bannwart appeal of Magistrate conflict Order SEP 2009 doc255.pdf 09/04/29 ►Order appointing Jermey Weis as consel for Delmon L. Johnson 9/4/09 doc256.pdf 09/10/29 ►Order appointing Daren Fulcher as Johnson counsel and relieving Weis doc257.pdf 09/14/09 ►Order setting telephone status conference for 9/16/09 at 3:15 pm - all parties and clients doc258.pdf 09/16/09 Motion for continuance filed by Fulcher for Delmon Johnson on 9/15/09 doc259.pdf 09/16/09 ►Order Minute Entry as to telephone conference on 9/16/09 OCT 2009 doc260.pdf 10/03/09 Notice of filing and availability date of transcript of 9/16/09 hearing doc261.pdf 10/06/09 Request for pre-payment for discovery motion by Johnson - one attachment doc262.pdf 10/13/09 ►Order authorizing payment of discovery costs of $95.00 for Johnson 10-23-09 doc263.pdf 10/27/09 ►Order granting continuance and setting trial for Elder et al for February 23, 2010 at 08:30 NOV 2009 DEC 2009 doc264.pdf 12/14/09 ►Order setting hearing for 12/17/2009 at 11:30 all parties left in case less clients doc265.pdf 12/14/09 ►Order amending hearing time on 17th to 12:00 - all parties left in case less clients doc266.pdf 12/17/09 ►Minute Order of discussions at hearing - see and compare clerk's notes doc266a doc267.pdf 12/22/09 Court reporter's notice of docket redaction and transcript availability for doc266 hearing. doc268.pdf 12/28/09 ►Notice of hearing telephonic for attys only set for 1/7/09 at 11:00 a.m. doc269.pdf 12/31/09 Government notice of intent to use 404(b) evidence of other crimes against all defendants JAN 2010 doc270.pdf 01/06/10 ►Amended notice telephonic hearing attys only set for 1/21/10 at 11:00 a.m. doc271.pdf 01/08/10 Government notice of use of forensic computer expert and CV of expert doc271-1 doc272.pdf 01/11/10 ►Order setting pretrial conference for Tuesday, January 26, 2010 doc273.pdf 01/20/10 Motion to continue by the trail unopposed by the government and Solomon doc274.pdf 01/20/10 Motion by defendant Elder to be excused from personal appearance at pretrial doc275.pdf 01/20/10 Elder's objections to continuance and request for a severance. doc276.pdf 01/21/10 ►Minute Order 1/28/10 summarizing hearing for attys only on 1/21/10. Compare clerk text FEB 2010 doc277.pdf 02/05/10 Motion by Fulcher to declare case complex for interim vouchering doc278.pdf 02/09/10 ►Order granting Fulcher's motion to declare case complex for vouchering doc279.pdf 02/18/10 ►Order granting Fulcher motion to continue trial - new date 6/21/2010 at 08:30 MAR 2010 doc280.pdf 03/31/10 ►Notice of hearing for Tuesday 4/20/2010 - 11:00 a.m. - Texas folks by telephone APR 2010 doc281.pdf 04/08/10 Motion requesting travel authorization by Fulcher, atty for Parker doc282.pdf 04/13/10 ►Order by Magistrate setting pretrial conference for June 8,2010 at 10:00 a.m. Parties must attend. doc283.pdf 04/18/10 Government's revised exhibit list with bate stamp - all defs - cross-reference - See actual list 283-1 doc284.pdf 04/20/10 Motion to withdraw request for travel authorization by atty for Delmon Johnson doc285.pdf 04/21/10 ►Oral Order granting Johnson motion 284 to withdraw travel request #281 doc286.pdf 04/21/10 ►Signed Order granting Johnson motion 284 to withdraw travel request #281 doc287.pdf 04/29/10 Electronic transcript redaction notice - transcript available in 90 days MAY 2010 doc288.pdf 05/06/10 ►Notice of telephone conference hearing set for 5/7/2010 at 2:00 p.m. doc289.pdf 05/07/10 ►Notice of Hearing - Daubert issue on Kowal - 6/4/2010 at 09:30 a.m. - def must be present doc290.pdf 05/07/10 ►Amended notice of pretrial hearing - reset for 6/4/10 at 1:30 p.m. doc291.pdf 05/07/10 ►clerk's minutes of hearing on 5/7 - compare with docket remarks doc292.pdf 05/11/10 Motion to continue by Solomon doc293.pdf 5/11/10 Elder objections to continuance filed by Solomon doc294.pdf 5/12/10 Government's amended witness list - adds 4 additional witnesses doc295.pdf 5/14/10 Delomon Johnson's notice of no opposition to motion to continue by Solomon doc296.pdf 5/14/10 Government's opposition to Solomon's motion for continuance with suggestions doc297.pdf 5/24/10 Motion for reconsideration for continuance by Solomon with exhibit 1 doc298.pdf 5/24/10 ►ORDER denying motion for reconsideration of Solomon motion and Elder venue transfer motion doc299.pdf 5/25/10 ►ORDER denying Solomon's motion for continuance doc300.pdf 5/26/10 ►Order decaling Elder's travel restriction motion doc274 moot doc301.pdf 05/28/10 Government's response to Solomon's motion for reconsideration JUNE 2010 doc302.pdf 06/02/10 Elder's First Proposed exhibit List (56 exhibits) doc303.pdf 06/0310 ►Order denying Solomon motion for reconsideration to transfer and clarifying expense issues doc304.pdf 06/03/10 Delmon Johnson's exhibit list doc305.pdf 06/04/10 Delmon Johnson's witness list pleading - See Actual List doc306.pdf 06/04/10 ►Clerk minute order on Daubert Hearing held before Hays doc307.pdf 06/04/10 Gov exhibit list for Daubert hearing - CV of witness Kowall doc308.pdf 06/08/10 Notice of filing of electronic transcript in Daubert matter - sealed for 90 days - redaction requirements. doc309.pdf 06/08/10 ►Order from Giatan that gov file order of proof document with court under seal doc310.pdf 06/09/10 ►Order from Giatan setting pretrial conference for 08:15 on 06/15/2010 doc311.pdf 06/09/10 Notice transcript filed in pretrial hearing on June 4, 2010 doc312.pdf 06/11/10 Gov requested voir dire ---- See Elder's at doc234 doc313.pdf 06/14/10 ►Magistrate memorandum of matters discussed at pretrial conference held on 06/04/10 doc314.pdf 06/14/10 Delmon Johnson requested voir dire (jury qualification questions) See Gov's -- See Elder's doc315.pdf 06/14/10 Delmon Johnson motion to exclude evidence of his prior conviction supplement to 236 doc316.pdf 6/14/10 ►Court Order from district court Giatan, judge -- ruling motions in limine by Elder doc317.pdf 6/14/10 ►Order denying Johnson motion 315 moot as already granted by doc 316 doc318.pdf 6/14/10 ►ORDER on motion in limine on PD Officer Kowal - can't testify until end of the gov's case if at all doc319.pdf 6/14/10 Government motion to admit business records on basis of certificate doc320.pdf 6/14/10 Government's filed sealed order of proof document (see order doc309.pdf doc321.pdf 6/14/10 Government proposed jury instructions (108) pages long doc322.pdf 6/14/10 Defendant Elder's FIRST amended witness list doc323.pdf 6/15/10 ►Order setting deadlines for further filings by district court, Giatan DJ. doc324.pdf 6/15/10 ►Minute order on telephone conference - See above deadline order doc325.pdf 6/15/10 Elder trial memo on why faxed documents are not business records. doc326.pdf 6/15/10 Delmon Johnson request for good faith jury instruction doc327.pdf 6/15/10 Governments third amended witness list doc328.pdf 6/15/10 Government's fourth amended witness list doc329.pdf 06/16/10 Government's latest amended exhibit list Pleading -- ACTUAL LIST OF EXHIBITS doc330.pdf 6/16/10 Government response to business records objection doc331.pdf 6/17/10 Elder's first amended proposed exhibit list doc332.pdf 6/17/10 Elder's second/amended proposed witness list doc333.pdf 6/17/10 ►Order adopting Magistrates R&R doc 318 doc334.pdf 06/17/10 Elder third/amended witness list (adds Dan McCarty) otherwise same as doc 332. doc335.pdf 06/18/10 ►ORDER sustaining 319 government's motion in limine to admit documents pursuant to business record certifications and denying defendant Elder's motion in limine w/o prejudice 325 to reassertion at trial. doc336.pdf 06/20/10 MOTION in limine to Exclude Evidence of Texas Medical Board by USA as to Christopher L. Elder doc337.pdf 06/20/10 Third PROPOSED EXHIBIT LIST by USA - See actual list 337-1 doc338.pdf 06/21/10 MOTION in limine by Troy R. Solomon. doc339.pdf 06/21/10 Minute Entry for proceedings held before Chief District Judge Fernando J. Gaitan, Jr: JURY TRIAL - Day 1 doc340.pdf 06//21/10 ►JURY LIST (SEALED) as to Troy R. Solomon, Christopher L. Elder (Rowland, Bonnie) (Entered: 06/22/2010) doc341.pdf 06/22/10 ►Minute Entry for proceedings held before Chief District Judge Fernando J. Gaitan, Jr: JURY TRIAL - DAY 2 doc342.pdf 06/23/10 ►Minute Entry for proceedings held before Chief District Judge Fernando J. Gaitan, Jr: JURY TRIAL - DAY 3 doc343.pdf 06/24/10 ►Minute Entry for proceedings held before Chief District Judge Fernando J. Gaitan, Jr: JURY TRIAL - DAY 4 doc344.pdf 06/25/10 MOTION to Dismiss Indictment Case by USA as to Delmon L. Johnson. doc345.pdf 06/25/10 Amended PROPOSED JURY INSTRUCTIONS by USA doc346.pdf 06/28/10 ►ORDER granting Motion to Dismiss Case/Indictment as to as to Delmon L. Johnson doc347.pdf 06/28/10 ►Minute Entry for proceedings held before Chief District Judge Fernando J. Gaitan, Jr: JURY TRIAL-DAY 5 doc348.pdf 06/04/10 ►Minute Entry for proceedings held before Magistrate Judge Sarah W. Hays: STATUS CONFERENCE as to Troy R. Solomon, Christopher L. Elder, Delmon L. Johnson held on 6/4/2010 doc349.pdf 06/29/10 ►Minute Entry for proceedings held before Chief District Judge Fernando J. Gaitan, Jr: JURY TRIAL - DAY 6 doc350.pdf 06/30/10 ►Minute Entry for proceedings held before Chief District Judge Fernando J. Gaitan, Jr: JURY TRIAL - DAY 7 doc351.pdf 06/30/10 GOVERNMENT'S EXHIBIT INDEX as to Troy R. Solomon, Christopher L. Elder from jury trial held 6/21/10 thru 6/30/10 doc352.pdf 06/30/10 DEFENDANT'S EXHIBIT INDEX as to Troy R. Solomon from jury trial held 6/21/10 thru 6/30/10 doc353.pdf 06/30/10 DEFENDANT'S EXHIBIT INDEX as to Christopher L. Elder from jury trial held 6/21/10 thru 6/30/10. doc354.pdf 06/30/10 ►JURY INSTRUCTIONS given and used by jurors. doc355.pdf 06/30/10 ►COURT EXHIBITS/JURY NOTES as to Troy R. Solomon, Christopher L. Elder doc356.pdf 06/30/10 JURY VERDICTS as to Troy R. Solomon (3) Guilty on Count 1,2,3-12. doc357.pdf 06/30/10 JURY VERDICTS as to Christopher L. Elder (4) Guilty on Count 1,3-10. JULY 2010 doc358.pdf 07/12/10 Joint MOTION for extension of time to file an UNAPPOSED motion for new trial for Defendants Solomon and Elder doc359.pdf 07/21/10 ►Defendants shall file their motion(s) for new trial on or before WEDNESDAY, AUGUST 4, 2010. doc360.pdf 07/27/10 Joint MOTION for extension of time to file defendants Elder and Solomon's motion for new trial doc361.pdf 07/30/10 ►Order granting rule 29 enlargement to August 16, 2010 doc362.pdf 07/30/10 Gov Motion to modify conditions of release on Elder to prevent dispensing of controlled substances. doc363.pdf 07/30/10 Elder answer in opposition to motion to modify conditions AUG 2010 doc364.pdf 08/02/10 ►Order modifying conditions of release prohibiting defendant Elder from " ordering, manufacturing, distributing, possessing, dispensing, administering and/or prescribing controlled substances, as well as engaging in any other controlled substance activities, either directly or indirectly (such as through another physician, nurse or physician’s assistant)." doc365.pdf 08/16/10 MOTION for acquittal Pursuant to Rule 29, or, in the Alternative, Motion for New Trial Pursuant to Rule 33 by Troy R. Solomon. (Attachments: # 1 Exhibit One)(Lewis, Chip) doc366.pdf 08/16/10 MOTION to continue new trial motion deadline by one day by Christopher L. Elder. (Main Document 366 replaced on 8/17/2010) (Beard, Melanie). Modified on 8/17/2010 to replace and delete the original document, as the incorrect document was originally attached doc367.pdf 08/17/20 DOCKET MODIFICATION. A modification has been made to the document filed on 8/17/10 as Document No. 367, MOTION to continue his new trial motion deadline by one day. The document was deleted, as it was filed in error. The document has been attached to document #366, as it should have been originally. Motion deadlines for #367 terminated. No PDF attached. doc368.pdf 08/17/10 ELECTRONIC TRANSCRIPT as to Christopher L. Elder of Testimony of Richard Lloyd Morgan, MD held June 28, 2010 before Judge Fernando J. Gaitan, Jr. - no PDF document attached doc369.pdf 08/17/10 Elder's Motion for judgment of acquittal on sufficiency of the evidence grounds and/or motion for new trial on instruction error. doc370.pdf 08/26/10 Elder Motion for bond clarification to make it clear he can practice medicine so long as he does not dispense or otherwise get involved with controlled substances. doc371.pdf 08/30/10 Government objections to Elder bond modification request doc372.pdf 08/30/10 Elder reply to government objections to his request for bond modification doc373.pdf 09/02/10 ►Order denying Elder motion to publish a clarification Order although this does appear to clarify. doc374.pdf 09/02/10 Government motion for extension of time to file answer to new trial motion 365 (by Solomon). doc375.pdf 09/03/10 Government motion for extension of time to file answer to new trial motion 369 (by Elder) doc376.pdf 09/03/10 Notice of transcript of cross on defendant Elder / redaction requirements -- not available on PACER for 90 days. - no PDF document associated at this time doc377.pdf 09/07/10 ►ORDER granting defendant Elder's motion [366] for extension of time of one day until 8/17/10 to file his motion for new trial. NO PDF document filed for this entry doc378.pdf 09/07/10 ►Order granting government motion for extension of time to respond to Elder and Solomon motions for new trial.
COURT TRANSCRIPTS ON FILE IN PACER:
| September 24, 2008 hearing
before Magistrate - Martin, Solomon, Elder & Johnson |
| October 21, 2008 Morning
hearing before Magistrate - Solomon, Elder & Johnson |
|
October 21, 2008
Afternoon Evidentiary hearing before Magistrate on Hearns - Elder only |
| April 14, 2009 hearing on conflict issues before
Magistrate (P. Johnson, Martin & Zapata testified |
| June 30, 2009
pretrial hearing - 85 page transcript | much discussion on failure to
produce evidence by gov
| December 17, 2009
hearing - status of this case and Texas investigation - discussion via telephone
|