CLOSED,TRIAL-LINCOLN

U.S. District Court
District of Nebraska (4 Lincoln)
CRIMINAL DOCKET FOR CASE #: 4:03-cr-03085-RGK-DLP All Defendants


Case title: USA v. Blanket Corporation et al
Other court case number: 4:03CR3086 USDC-NE

Date Filed: 07/24/2003
Date Terminated: 03/17/2006

Assigned to: Senior Judge Richard G. Kopf
Referred to: Magistrate Judge David L. Piester

Defendant (1)
Blanket Corporation
TERMINATED: 09/22/2005
doing business as
Serenity Place
TERMINATED: 09/22/2005
represented byBernard J. Glaser , Jr.
GLASER LAW FIRM
411 South 13th Street
Suite 327
Lincoln, NE 68508
(402) 435-4411
Fax: (402) 474-1024
Email: bernieglaser@windstream.net
TERMINATED: 10/27/2003
Designation: Retained

James H. Hoppe
JAMES HOPPE
140 North 8th Street
Suite 250
Lincoln, NE 68508
(402) 474-3884
Fax: (402) 476-7499
Email: jhop52@windstream.net
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 - CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Defendant pleaded guilty to Counts I and IX of the Indictment and is hereby sentenced to probation for a term of three (3) years; $800 Special Assessment and $250,000 in restitution
18:371 - CONSPIRACY TO DEFRAUD THE UNITED STATES
(9)
Defendant pleaded guilty to Counts I and IX of the Indictment and is hereby sentenced to probation for a term of three (3) years; $800 Special Assessment and $250,000 in restitution

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1341 - FRAUDS AND SWINDLES
(2-8)
Dismissed on the motion of the United States as to this Defendant only
18:1347 and 2 - HEALTH CARE FRAUD
(10-16)
Dismissed on the motion of the United States as to this Defendant only

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Senior Judge Richard G. Kopf
Referred to: Magistrate Judge David L. Piester

Defendant (2)
Independent Living Apartments
Inc.
TERMINATED: 03/17/2006
represented byBernard J. Glaser , Jr.
(See above for address)
TERMINATED: 10/27/2003
Designation: Retained

James H. Hoppe
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:371 - CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Dismissed on Motion of the United States
18:1341 - FRAUDS AND SWINDLES
(2-8)
Dismissed on Motion of the United States

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Senior Judge Richard G. Kopf
Referred to: Magistrate Judge David L. Piester

Defendant (3)
Stony Ridge Day Treatment
Inc.
TERMINATED: 03/17/2006
also known as
Stoney Ridge Day Treatment and Wellness Clinic
TERMINATED: 03/17/2006
doing business as
Outpatient Therapy, Inc.
TERMINATED: 03/17/2006
represented byBernard J. Glaser , Jr.
(See above for address)
TERMINATED: 10/27/2003
Designation: Retained

James H. Hoppe
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:371 - CONSPIRACY TO DEFRAUD THE UNITED STATES
(9)
Dismissed on Motion of the United States
18:1347 and 2 - HEALTH CARE FRAUD
(10-16)
Dismissed on Motion of the United States

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Senior Judge Richard G. Kopf
Referred to: Magistrate Judge David L. Piester

Defendant (4)
Phillip Colley
TERMINATED: 12/13/2005
represented byRobert B. Creager
ANDERSON, CREAGER LAW FIRM
1630 K Street
Lincoln, NE 68508
(402) 477-8800
Fax: (402) 477-8868
Email: rcreager@acwlaw.org
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 - CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Defendant pleaded guilty to Count I of the Indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 22 months and 12 days; 3 years Supervised Release with Special Conditions. Supervised release to run concurrent with Case No. 4:03CR3086; $100 Special Assessment; Restitution in the amount of $250,000.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1341 - FRAUDS AND SWINDLES
(2-8)
Dismissed on the motion of the United States
18:371 - CONSPIRACY TO DEFRAUD THE UNITED STATES
(9)
Dismissed on the motion of the United States
18:1347 and 2 - HEALTH CARE FRAUD
(10-16)
Dismissed on the motion of the United States
42:408(a)(7)(B) and 18:2 - MISUSE OF SOCIAL SECURITY NUMBER
(17)
Dismissed on the motion of the United States

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Senior Judge Richard G. Kopf
Referred to: Magistrate Judge David L. Piester

Defendant (5)
Vernon Strauch
TERMINATED: 09/22/2005
represented byBernard J. Glaser , Jr.
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 - CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Defendant pleaded guilty to Count I of the Indictment and is hereby committed to the United States Bureau of Prisons to be imprisoned for a term of 12 months and one (1) day; three (3) years of Supervised Release with Special Conditions; $100 Speical Assessment (PAID) and Restitution in the amount of $250,000

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1341 - FRAUDS AND SWINDLES
(2-8)
Dismissed on the motion of the United States as to this defendant only
18:371 - CONSPIRACY TO DEFRAUD THE UNITED STATES
(9)
Dismissed on the motion of the United States as to this defendant only
18:1347 and 2 - HEALTH CARE FRAUD
(10-16)
Dismissed on the motion of the United States as to this defendant only
42:408(a)(7)(B) and 18:2 - MISUSE OF SOCIAL SECURITY NUMBER
(17)
Dismissed on the motion of the United States as to this defendant only

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Senior Judge Richard G. Kopf
Referred to: Magistrate Judge David L. Piester

Defendant (6)
Sherrie Busselman
TERMINATED: 12/16/2005
represented byMichael J. Hansen
FEDERAL PUBLIC DEFENDER'S OFFICE - LINCOLN
100 Centennial Mall North
112 Federal Building
Lincoln, NE 68508
(402) 437-5871
Fax: (402) 437-5874
Email: mike_hansen@fd.org
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Patricia McCormack
HILLMAN, FORMAN LAW FIRM
7171 Mercy Road
Suite 650
Omaha, NE 68106
(402) 397-8051
Fax: (402) 397-2868
Email: patriciamccormack@hfncm.com
TERMINATED: 09/02/2003
Designation: Retained

Shannon P. O'Connor
FEDERAL PUBLIC DEFENDER'S OFFICE - OMAHA
One Central Park Plaza
222 South 15th Street
Suite 300N
Omaha, NE 68102
(402) 221-7896
Fax: (402) 221-7884
Email: shannon_o'connor@fd.org
TERMINATED: 09/09/2003
Designation: Public Defender or Community Defender Appointment

Pending Counts

Disposition
18:641 THEFT/EMBEZZLEMENT OF U. S. PROPERTY
(1s-3s)
Defendant pleaded guilty to Counts I, II and III of the Information and committed to the custody Bureau of Prisons for a period of Time Served; 1 year supervised release with special conditions; pay special assessment in the amount of $75.00 (this has been paid) and $250,000 restitution.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
18:371 - CONSPIRACY TO DEFRAUD THE UNITED STATES
(9)
The indictment is dismissed on the motion of the United States as to this defendant only.
18:1347 and 2 - HEALTH CARE FRAUD
(10-16)
The indictment is dismissed on the motion of the United States as to this defendant only.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Interested Party
Judy Chadwick represented byWilliam F. Davis
WILLIAM DAVIS
804 Central Avenue
Nebraska City, NE 68410-2409
(402) 873-6664
Fax: (402) 873-6665
Email: wd03602@windstream.net
ATTORNEY TO BE NOTICED
Designation: Retained


Plaintiff
USA represented bySteven A. Russell
U.S. ATTORNEY'S OFFICE - LINCOLN
100 Centennial Mall North
Suite 487, Federal Building
Lincoln, NE 68508-3865
(402) 437-5241
Fax: (402) 437-5390
Email: steve.russell@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
07/24/2003INDICTMENT (Filed Under Seal on 07/24/03, Unsealed on 07/29/03)as to defendants Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, and Sherrie Busselman. (CS, ) (Entered: 07/30/2003)
07/24/2003CRIMINAL COVER SHEET (Filed Under Seal on 07/24/03, Unsealed on 07/29/03) as to defendant Blanket Corporation (CS, ) (Entered: 07/30/2003)
07/24/2003CRIMINAL COVER SHEET (Filed Under Seal on 07/24/03, Unsealed on 07/29/03) as to defendant Independent Living Apartments (CS, ) (Entered: 07/30/2003)
07/24/2003CRIMINAL COVER SHEET (Filed Under Seal on 07/24/03, Unsealed on 07/29/03) as to defendant Stony Ridge Day Treatment (CS, ) (Entered: 07/30/2003)
07/24/2003CRIMINAL COVER SHEET (Filed Under Seal on 07/24/03, Unsealed on 07/29/03) as to defendant Phillip Colley (CS, ) (Entered: 07/30/2003)
07/24/2003CRIMINAL COVER SHEET (Filed Under Seal on 07/24/03, Unsealed on 07/29/03) as to defendant Vernon Strauch (CS, ) (Entered: 07/30/2003)
07/24/2003CRIMINAL COVER SHEET (Filed Under Seal on 07/24/03, Unsealed on 07/29/03) as to defendant Sherrie Busselman (CS, ) (Entered: 07/30/2003)
07/24/2003Summons Issued (COPY) as to defendants Blanket Corporation, Independent Living Apartments, and Stony Ridge Day Treatment. Initial Appearance set for 8/7/2003 at 03:45 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. (CS, ) (Entered: 07/30/2003)
07/24/2003Minute Entry for proceedings held before Magistrate Judge David L. Piester as to defendant Phillip Colley.Arraignment as to Phillip Colley (4) Counts 1, 2-8, 9,1 0-16, and 17 held on 7/24/2003 - Defendant stands mute; Court enters a plea of Not Guilty on all counts. Detention Hearing held on 7/24/2003. Initial Appearance held on 7/24/2003. Defendant acknowledges receipt of a copy of the Indictment. Government is not requesting detention. Status Conference set for 9/2/2003 at 11:00 AM before Magistrate Judge David L. Piester. Defendant released on conditions. Court to UNSEAL Indictment as to all defendants. (Court Reporter Electronic Recorder) (CS, ) (Entered: 07/30/2003)
07/29/200310 NOTICE OF ATTORNEY APPEARANCE by Attorney Robert B. Creager as to defendant Phillip Colley. (CS, ) (Entered: 07/30/2003)
07/29/200311 ORDER SETTING CONDITIONS OF RELEASE as to defendant Phillip Colley. Signed by Magistrate Judge David L. Piester on 7/29/2003. (CS, ) (Entered: 07/30/2003)
07/29/200312 Minute Entry for proceedings held before Magistrate Judge David L. Piester as to defendant Vernon Strauch.Arraignment as to Vernon Strauch (5) Counts 1, 2-8, 9, 10-16, and 17 held on 7/29/2003 - Defendant stands mute; Court enters plea of Not Guilty on all counts. Detention Hearing held on 7/29/2003. Initial Appearance held on 7/29/2003. Defendant acknowledges receipt of copy of Indictment. Government is not requesting detention. Government requests status conference (hearing) within 30 days for all defendants ACCEPTED. Court determines this case to be a complex case under 3161; written order forthcoming. Status Conference set for 9/2/2003 at 11:00 AM before Magistrate Judge David L. Piester. Defendant released on conditions. Court to UNSEAL Indictment as to all defendants.(Court Reporter Electronic Recorder) (CS, ) (Entered: 07/30/2003)
07/29/200313 NOTICE OF ATTORNEY APPEARANCE by Attorney Bernard J. Glaser Jr. as to defendant Vernon Strauch. (CS, ) (Entered: 07/30/2003)
07/29/200314 ORDER SETTING CONDITIONS OF RELEASE as to defendant Vernon Strauch. Signed by Magistrate Judge David L. Piester on 7/29/2003. (CS, ) (Entered: 07/30/2003)
07/29/200315 Minute Entry for proceedings held before Magistrate Judge David L. Piester as to defendant Sherrie Busselman.Detention Hearing held on 7/29/2003. Initial Appearance held on 7/29/2003. Government is not requesting detention. Arraignment set for 8/1/2003 at 09:30 AM before Magistrate Judge David L. Piester. Defendant released on conditions.(Court Reporter Electronic Recorder) (CS, ) (Entered: 07/30/2003)
07/29/200316 ORDER SETTING CONDITIONS OF RELEASE as to defendant Sherrie Busselman. Signed by Magistrate Judge David L. Piester on 7/29/2003. (CS, ) (Entered: 07/30/2003)
07/30/200317 ATTORNEY LETTER by Clerk that Attorney Bernard J. Glaser, Jr. has not registered for the system or paid the annual assessment. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (CS, ) (Entered: 07/30/2003)
08/01/200318 NOTICE OF ATTORNEY APPEARANCE by Attorney Patricia McCormack on behalf of Defendant Sherrie Busselman. (RDB) (Entered: 08/04/2003)
08/01/200319 Minute Entry for proceedings held before Magistrate Judge David L. Piester, as to Defendant Sherrie Busselman (6). Arraignment on Indictment held on 08/01/2003 - plea of Not Guilty entered. Defendant's release continued. Status Conference set for 09/02/2003 11:00 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. (Court Reporter: Electronic Recorder). (RDB) (Entered: 08/04/2003)
08/04/200320 MEMORANDUM AND ORDER - regarding Case No. 4:03CR3085 and Case 4:03CR3086. Setting deadlines for providing Rule 16 materials to defense counsel. Setting a Status Conference for 09/02/2003 11:00 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Case No. 4:03CR3085 is exempted from the time limits of the Speedy Trial Act, 18 U.S.C. 3161, et seq., as to Defendants Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, and Sherrie Busselman. Signed by Magistrate Judge David L. Piester on 08/04/2003. (RDB) (Entered: 08/04/2003)
08/04/200321 ARREST WARRANT RETURNED EXECUTED on 07/29/2003, as to Defendant Vernon Strauch. (RDB) (Entered: 08/05/2003)
08/04/200322 ARREST WARRANT RETURNED EXECUTED on 07/29/2003, as to Defendant Phillip Colley. (RDB) (Entered: 08/05/2003)
08/04/200323 ARREST WARRANT RETURNED EXECUTED on 07/29/2003, as to Defendant Sherrie Busselman. (RDB) (Entered: 08/05/2003)
08/12/200324 Minute Entry for proceedings held before Magistrate Judge David L. Piester. Arraignment held on 08/12/2003 for Defendant Blanket Corporation (1) on Counts 1, 2-8, 9, 10-16 of Indictment; for Defendant Independent Living Apartments (2) on Counts 1, 2-8 of Indictment; and for Defendant Stony Ridge Day Treatment (3) on Counts 9, 10-16 of Indictment. Initial Appearance held on 08/12/2003. Defendants stand mute; Court enters not guilty plea on all counts on behalf of defendants. Government will deliver discovery material pursuant to Rule 16. Status Conference (hearing) set for 09/02/2003 11:00 AM. (Court Reporter: Electronic Recorder). (RDB) (Entered: 08/12/2003)
08/12/200325 NOTICE OF ATTORNEY APPEARANCE by Attorney Bernard J. Glaser Jr. as to defendants Blanket Corporation, Independent Living Apartments, and Stony Ridge Day Treatment. (CS, ) Modified on 8/13/2003 to correct dated filed (CS, ). (Entered: 08/13/2003)
08/12/200326 Summons Returned Executed as to defendant Blanket Corporation on 08/12/03. (CS, ) (Entered: 08/13/2003)
08/12/200327 Summons Returned Executed as to defendant Independent Living Apartments on 08/12/03. (CS, ) (Entered: 08/13/2003)
08/12/200328 Summons Returned Executed as to defendant Stony Ridge Day Treatment on 08/12/03. (CS, ) (Entered: 08/13/2003)
08/21/200329  MOTION to Withdraw as Attorney by Attorney Patricia McCormack as to defendant(s) Sherrie Busselman. (McCormack, Patricia) (Entered: 08/21/2003)
09/02/200330 NOTICE OF ATTORNEY APPEARANCE filed by Assistant Federal Public Defender Shannon P. O'Connor, on behalf of Defendant Sherrie Busselman. (RDB) (Entered: 09/05/2003)
09/02/200331 Minute Entry for proceedings held before Magistrate Judge David L. Piester, as to Defendant Phillip Colley and Defendant Sherrie Busselman. Status Hearing held on 09/02/2003. Court grants Motion for Leave to Withdraw 29 filed by Attorney Patricia McCormack. Court appoints Federal Public Defender to represent Defendant Sherrie Busselman. Attorneys Bob Creager and Alan Stoler will continue as court appointed under CJA as soon as financial affidavits are received and reviewed. All documents are received by defense counsel or available for review. Motion deadline is set for 09/23/2003. (Court Reporter: Electronic Recorder) (RDB) (Entered: 09/05/2003)
09/03/200332 NOTICE OF ATTORNEY APPEARANCE filed by Assistant Federal Public Defendant Michael J. Hansen, on behalf of Defendant Sherrie Busselman. (RDB) (Entered: 09/05/2003)
09/03/200333 Minute Entry for proceedings held before Magistrate Judge David L. Piester, as to Defendants Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, and Sherrie Busselman. Status Hearing held on 09/03/2003. Court requests that parties agree on a procedure regarding clients/witnesses. If the parties can't agree on a procedure, then they are to file a written motion and a hearing will be set for resolution. Court requests this process to be completed within several days. (Government states they not attempt any further interviews.) Court requests preliminary status report and a listing of motions that may be filed. An additional Status Hearing is set for 10/27/2003 10:30 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. (Court Reporter: Electronic Recorder) (RDB) (Entered: 09/05/2003)
09/08/200334  MOTION to Withdraw as Attorney by Attorney Shannon P. O'Connor as to defendant(s) Sherrie Busselman. (O'Connor, Shannon) (Entered: 09/08/2003)
09/08/200335 MEMORANDUM AND ORDER - The conference 33 is continued until 10/27/2003 at 10:30 a.m. in Courtroom #2; defendants are not required to attend, but may if they like; and setting out directions to counsel regarding the conference, as to Defendant Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, and Sherrie Busselman. Signed by Magistrate Judge David L. Piester on 09/08/2003. (RDB) (Entered: 09/08/2003)
09/09/200336 ORDER - The motion of Shannon P. O'Connor to withdraw as counsel for Defendant Sherrie Busselman, filing 34 , is granted. Signed by Magistrate Judge David L. Piester on 09/09/2003. (RDB) (Entered: 09/09/2003)
10/27/200337 Minute Entry for proceedings held before Magistrate Judge David L. Piester as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman.Status Conference held on 10/27/2003 continued from 9/2/2003. The Government's oral motion for the unsealing of the search warrants for all defendants and Ms. Rivera for their counsel to review-GRANTED. Mr. Glaser's oral motion to withdraw his representation for the corporation defendants as soon as new counsel enters an appearance-GRANTED. Motions are to be filed by 11/19/2003 including any request for a Rule 44(C) hearing. Written order forthcoming. (Court Reporter Electronic Recorder) (GJG, ) (Entered: 10/28/2003)
10/27/2003   ORAL MOTION - THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY by Attorney Steven A. Russell. Government's oral motion for the unsealing of the search warrants for all defendants and Ms. Rivera for their counsel to review-GRANTED as to Defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman per minutes 37 . (GJG, ) (Entered: 10/28/2003)
10/27/2003   ORAL MOTION - THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY by Attorney Bernard J. Glaser Jr. oral motion to withdraw his representation for corporation defendants as soon as new counsel enters an appearance-GRANTED as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. (GJG, ) (Entered: 10/28/2003)
10/27/200338 MEMORANDUM AND ORDER granting (1) Government's Oral Motion to unseal the search warrant and related documents to defendants, their counsel, and Ms. Elizabeth Rivera. (2) Mr. Glaser's Oral Motion to withdraw from representation of the corporation defendants is granted effective upon the filing of appearances of substitute counsel. (3) In the event that an inquiry by the court pursuant to Rule 44(C) is desired or required, an appropriate motion seeking such a hearing shall be filed on or before 11/19/2003. (4) Another Status hearing/pretrial conference is set to commence at 11:00 a.m. on 12/30/2003 in Courtroom 2, Lincoln, Nebraska. Defendants may, but are not required to attend. Signed by Magistrate Judge David L. Piester on 10/27/2003. (GJG, ) (Entered: 10/28/2003)
11/19/200339 NOTICE OF ATTORNEY APPEARANCE by Attorney James H. Hoppe as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment. (GJG, ) (Entered: 11/19/2003)
12/08/200341 ORDER TO SHOW CAUSE that Attorney Bernie Glaser is to register for the System as to defendant(s) Vernon Strauch Show Cause Deadline set for 1/8/2004. Signed by Magistrate Judge David L. Piester on 12/8/2003. (GJG, ) (Entered: 12/08/2003)
12/10/200342  MOTION (Motion to Interview Client Witnesses) by Attorney Steven A. Russell as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. (Russell, Steven) (Entered: 12/10/2003)
12/10/200343 BRIEF Motion for Miscellaneous Relief, 42 (Brief in Support of Motion to Allow Interviews) by Attorney Steven A. Russell as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman (Russell, Steven) (Entered: 12/10/2003)
12/12/200345 DEFENDANT VERNON STRAUCH'S RESPONSE regarding PLAINTIFF'S MOTION TO INTERVIEW WITNESSES 42 filed by Attorney Bernard J. Glaser Jr.as to defendant(s) Vernon Strauch (GJG, ) (Entered: 12/12/2003)
12/12/200346 RESPONSE regarding Order to Show Cause - Attorney Deadline 41 by Attorney Bernard J. Glaser Jr.as to defendant(s) Vernon Strauch. Attorney indicates receiving the order to show cause and is attempting to comply with the Court's directive. (GJG, ) (Entered: 12/15/2003)
12/18/200350 ARREST WARRANT RETURNED EXECUTED on 12/16/2003 as to defendant Sherrie Busselman. (GJG, ) (Entered: 12/18/2003)
12/18/200351 ARREST WARRANT RETURNED EXECUTED on 12/17/2003 as to defendant Phillip Colley. (GJG, ) (Entered: 12/18/2003)
12/18/2003  NOTICE of Docket Text Modification by Deputy Clerk regarding the unsealing of the Petition for Action on Conditions of Pretrial Release 40 as to defendant Sherrie Busselman per executed warrant. (GJG, ) (Entered: 12/18/2003)
12/18/2003  NOTICE of Docket Text Modification by Deputy Clerk regarding the unsealing of the Petition for Action on Conditions of Pretrial Release 47 as to Defendant Phillip Colley per returned executed warrant. (GJG, ) (Entered: 12/18/2003)
12/19/200352 ORDER of Detention pending trial as to defendant(s) Phillip Colley . Signed by Magistrate Judge David L. Piester on 12/19/2003. (GJG, ) (Entered: 12/19/2003)
12/19/200353 Minute Entry for proceedings held before Magistrate Judge David L. Piester as to defendant(s) Phillip Colley.Bond Hearing held on 12/19/2003. Defendant admits a portion of the allegations. Hearing on remaining allegations scheduled for 12/29/2003 at 01:30 PM before Magistrate Judge David L. Piester. Defendant remanded to the custody of the U.S. Marshal to be detained pending further order of the Court. Written order of detention to be issued. (Court Reporter Electronic Recorder) (GJG, ) (Entered: 12/22/2003)
12/22/200354 MEMORANDUM AND ORDER regarding MOTION 42 as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. The parties are given until 1/9/2004 to file evidence indexes addressing these issues, and briefs addressing pertinent legal issues arising from the facts. Alternatively, the parties may, by 1/5/2004 file requests for an evidentiary hearing and it will be convened as soon as practicable. The motion filing 42 is deferred for ruling in accordance with this order. Signed by Magistrate Judge David L. Piester on 12/22/2003. (GJG, ) (Entered: 12/22/2003)
12/29/200355 Minute Entry for proceedings held before Magistrate Judge David L. Piester as to defendant Phillip Colley.Bond Hearing - Petition for Action on Conditions of Pretrial Release 47 held on 12/29/2003. Initial Appearance on violation allegations continued from 12/19/03. Defendant's oral motion to continue hearing and submit a plan is GRANTED. Defendant remanded to the custody of the U.S. Marshal. (Court Reporter Electronic Recorder) (CS, ) (Entered: 12/30/2003)
12/29/200356 WITNESS LIST from hearing held on 12/19/03 as to defendant Phillip Colley (CS, ) (Entered: 12/30/2003)
12/29/200357 EXHIBIT LIST from hearing held on 12/19/03 as to defendant Phillip Colley (CS, ) (Entered: 12/30/2003)
12/30/200358 Minute Entry for proceedings held before Magistrate Judge David L. Piester as to defendants Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, and Sherrie Busselman.Status Conference held on 12/30/2003. Government's oral motion to set pretrial motions deadline is ACCEPTED. Pretrial motions deadline set for 03/01/04. Written order forthcoming. (Court Reporter Electronic Recorder) (CS, ) (Entered: 12/30/2003)
12/31/200359 MEMORANDUM AND ORDER regarding Status Conference, 58 as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. In accordance with the discussion during the hearing, all motions in this case, except those on behalf of defendant Busselman, shall be filed on or before March 1, 2004. Case Management Deadline set for 3/1/2004. Signed by Magistrate Judge David L. Piester on 12/31/2003. (GJG, ) (Entered: 12/31/2003)
01/02/200460  MOTION to Modify Conditions of Release by Attorney Robert B. Creager as to defendant(s) Phillip Colley. (Creager, Robert) (Entered: 01/02/2004)
01/05/200461 MEMORANDUM AND ORDER-The allegations in paragraphs 3 and 5 of the petition for action on conditions of pretrial release 47 are found to be true. The remaining allegations in the petition, paragraphs 1, 2, and 4 are dismissed as moot. The Motion to Modify Conditions of Release as to Phillip Colley (4) 60 is denied. Signed by Magistrate Judge David L. Piester on 1/5/2004. (GJG, ) (Entered: 01/05/2004)
01/09/200462  MOTION to Extend (Motion to Extend Time) by Attorney Steven A. Russell as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. (Russell, Steven) (Entered: 01/09/2004)
01/09/200463  MOTION for Reconsideration regarding 61 Order on Motion to Modify Conditions of Release, and Request for Evidentiary Hearing by Attorney Robert B. Creager as to defendant(s) Phillip Colley. (Creager, Robert) (Entered: 01/09/2004)
01/12/200465 ORDER granting 62 Plaintiff's Motion to Extend time as to defendants' Blanket Corporation (1), Independent Living Apartments (2), Stony Ridge Day Treatment (3), Phillip Colley (4), Vernon Strauch (5), Sherrie Busselman (6). Plaintiff has until 1/12/2004 in which to submit its response and/or request for hearing. Signed by Magistrate Judge David L. Piester on 1/12/2004. (GJG, ) (Entered: 01/12/2004)
01/12/200466  MOTION for Hearing (Request for Evidentiary Hearing) by Attorney Steven A. Russell as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. (Russell, Steven) (Entered: 01/12/2004)
01/13/200467 MEMORANDUM AND ORDER granting 66 Motion for Hearing as to Blanket Corporation (1), Independent Living Apartments (2), Stony Ridge Day Treatment (3), Phillip Colley (4), Vernon Strauch (5), Sherrie Busselman (6). An evidentiary hearing on the Plaintiff's Motion to Interview Client Witnesses 42 is set for 2/2/2004 at 9:30 AM for a duration of two hours. Signed by Magistrate Judge David L. Piester on 1/13/2004. (GJG, ) (Entered: 01/13/2004)
01/29/200468 MEMORANDUM AND ORDER granting 42 Plaintiff's Motion to interview client witnesses as to Defendants Blanket Corporation (1), Independent Living Apartments (2), Stony Ridge Day Treatment (3), Phillip Colley (4), Vernon Strauch (5), Sherrie Busselman (6). Plaintiff may interview witnesses only as designated; that is, only people who are or were residents of the Independent Living Apartments or apartments currently being leased that were part of the Independent Living Apartments. The hearing that was set before the undersigned on 2/2/2004 is cancelled. Signed by Magistrate Judge David L. Piester on 1/29/2004. (GJG, ) (Entered: 01/29/2004)
02/05/200469 TRANSCRIPT of Proceedings before Magistrate Judge David L. Piester, held on 12/19/03. Transciber: Lori J. McGowan; Total Number of Billable Pages: 133. Total Number of Pages: 134. To purchase a copy of this transcript, please contact Lori J. McGowan as to defendant Phillip Colley (Attachments: # 1 # 2) (CS, ) (Entered: 02/06/2004)
02/12/200470  MOTION to Modify Conditions of Release by Attorney Robert B. Creager as to defendant(s) Phillip Colley. (Creager, Robert) (Entered: 02/12/2004)
02/13/200471 ORDER denying 63 Motion for Reconsideration as to Phillip Colley (4). Defendant's motion is denied in accordance with the memorandum and order in 4:03CR3086, filing 42. Signed by Magistrate Judge David L. Piester on 2/13/2004. (JAR, ) (Entered: 02/13/2004)
02/18/200472 REVOKED - ORDER SETTING CONDITIONS OF RELEASE as to defendant(s) Phillip Colley . Signed by Magistrate Judge David L. Piester on 2/18/2004. (GJG, ) Modified on 2/24/2005 to add "revoked" language per Order 138 .(JAR) (Entered: 02/18/2004)
02/23/200473 ORDER as to defendant(s) Sherrie Busselman. A hearing on Defendant's competency to stand trial is set for 3/16/2004 at 01:00 PM before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 2/23/2004. (GJG, ) (Entered: 02/23/2004)
02/26/200475  MOTION for Disclosure by Attorney Bernard J. Glaser Jr. as to defendant(s) Vernon Strauch. (Attachments: # 1 Brief)(Glaser, Bernard) (Entered: 02/26/2004)
02/26/200476 WITHDRAWN - PART 1 OF 2 - MOTION to Suppress Statements, Motion to Suppress Physical Evidence, and Request for Evidentiary Hearing and Oral Argument, by Attorney Bernard J. Glaser Jr. as to defendant Vernon Strauch. (Attachments: # 1 Brief)(Glaser, Bernard) Modified on 5/3/2004 to list actual title of document filed. (JAR, ) Modified on 8/10/2004 to add "Withdrawn" per order 114 (CS, ). (Entered: 02/26/2004)
02/26/200477  MOTION for Order of Misjoinder and Request for Evidentiary Hearing and Oral Argument by Attorney Bernard J. Glaser Jr. as to defendant(s) Vernon Strauch. (Attachments: # 1)(Glaser, Bernard) Modified on 4/22/2004 to reflect actual title of document filed. (JAR, ) (Entered: 02/26/2004)
02/26/2004  WITHDRAWN - PART 2 OF 2 - MOTION in Limine 76 should the Court disallow defendant's motions to suppress physical evidence and/or statements, by Attorney Bernard J. Glaser Jr. as to defendant Vernon Strauch. (JAR, ) Modified on 8/10/2004 to add "Withdrawn" per order 114 (CS, ). (Entered: 05/03/2004)
02/27/200478  MOTION Application for Rule 17(c) Subpoenas and Orders for Pretrial Production of Records by Attorney Steven A. Russell as to defendant(s) Blanket Corporation. (Attachments: # 1 Subpoena)(Russell, Steven) (Entered: 02/27/2004)
02/27/200479 BRIEF in Support of Motion for Issuance of Subopena by Attorney Steven A. Russell as to defendant(s) Blanket Corporation (Russell, Steven) (Entered: 02/27/2004)
02/27/200480  MOTION to Extend Time to File Government's Response by Attorney Steven A. Russell as to defendant(s) Blanket Corporation. (Russell, Steven) (Entered: 02/27/2004)
03/01/200481 ORDER granting 80 plaintiff's Motion to Extend time and the plaintiff is given to March 12, 2004 to submit its response to all defendants' motions. Signed by Magistrate Judge David L. Piester on 3/1/2004. (GJG, ) (Entered: 03/01/2004)
03/08/200483 ORDER granting 78 Motion Issue Subpoena Duces Tecum as to Blanket Corporation (1). The Custodian of Records for Cornhusker Bank is directed to produce the subpoenaed records before trial and in no event later thant April 1. 2004. The documents may be produced at the offices of the United States Attorney for the District of Nebraska provided that the United States makes such records immediately available to the defendants. Signed by Magistrate Judge David L. Piester on 3/8/2004. (GJG, ) (Entered: 03/08/2004)
03/09/200484 MEMORANDUM AND ORDER that the previous order of release is reinstated, and the defendant shall be released in accordance therewith,as to defendant Phillip Colley. Signed by Magistrate Judge David L. Piester on 3/9/2004. (CS, ) (Entered: 03/10/2004)
03/09/200485 Minute Entry for proceedings held before Magistrate Judge David L. Piester as to defendant(s) Phillip Colley.Bond Hearing held on 3/9/2004 Petition for Action on Conditions of Pretrial Release 82 . Evidentiary Hearing held on 3/9/2004. Defendant denies allegations. Petition for Action on Conditions of Pretrial Release is found to be true as to allegation 1; allegation 2, burden no met. Defendant remanded to the custody of U.S. Marshal to be detained pending further Order of Court. Written order to be issued. (Court Reporter Electronic Recorder) (GJG, ) (Entered: 03/10/2004)
03/09/200486 EXHIBIT LIST from hearing held on 3/9/2004 as to defendant(s) Phillip Colley (GJG, ) (Entered: 03/10/2004)
03/09/200487 WITNESS LIST from hearing held on 3/9/2004 as to defendant(s) Phillip Colley (GJG, ) (Entered: 03/10/2004)
03/10/2004  NOTICE of Docket Text Modification by Deputy Clerk regarding Petition for Action on Conditions of Pretrial Release 82 . (GJG, ) (Entered: 03/10/2004)
03/11/200489 ARREST WARRANT RETURNED EXECUTED on 3/9/04 as to defendant Phillip Colley regarding violations of conditions of pretrial release. (BMH) (Entered: 03/12/2004)
03/12/200488  MOTION to Extend (Amended Motion to Extend Time) by Attorney Steven A. Russell as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. (Russell, Steven) (Entered: 03/12/2004)
03/12/200490 ORDER granting 88 Government's Amended Motion to Extend as to Blanket Corporation (1), Independent Living Apartments (2), Stony Ridge Day Treatment (3), Phillip Colley (4), Vernon Strauch (5), Sherrie Busselman (6). The United States is given until March 16, 2004, to submit its response to the defendant's motions. Signed by Magistrate Judge David L. Piester on 3/12/2004. (GJG, ) (Entered: 03/12/2004)
03/16/200491 BRIEF (Brief and Response to Pretrial Motions of the Defendant) by Attorney Steven A. Russell as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman (Russell, Steven) (Entered: 03/16/2004)
03/16/200492 Minute Entry for proceedings held before Magistrate Judge David L. Piester as to defendant(s) Sherrie Busselman.Competency Hearing held on 3/16/2004. Defendant found to be competent to stand trial. Defendant orally requests 30 days to file pretrial motions-AGREED. Defendant to be released on the same conditions of release with additional conditions. (Court Reporter Electronic Recorder) (GJG, ) (Entered: 03/16/2004)
03/16/200493 MEMORANDUM AND ORDER as to defendant(s) Sherrie Busselman. Defendant is found competent to stand trial. Defendant is given 30 days from this date in which to file pretrial motions. Trial will be scheduled after resolution of pretrial motions. Defendant released under the same conditions as were in existence before her mental health evaluation and with additional conditions set out in this order. Signed by Magistrate Judge David L. Piester on 3/16/2004. (GJG, ) (Entered: 03/16/2004)
03/19/200495 ARREST WARRANT RETURNED EXECUTED on 3/18/2004 as to defendant Sherrie Busselman. (JAR, ) (Entered: 03/19/2004)
03/19/2004  NOTICE of Docket Text Modification by Deputy Clerk regarding Petition for Action on Conditions of Pretrial Release 94 . Modified on 3/19/2004 to unseal and attach actual PDF document. (JAR, ) (Entered: 03/19/2004)
03/23/200496 MEMORANDUM AND ORDER as to defendant Sherrie Busselman: On the court's own motion, the Petitions for Action on Conditions of Pretrial Release, filings 40 and 94 , are dismissed without prejudice. Signed by Magistrate Judge David L. Piester on 3/23/2004. (JAR, ) (Entered: 03/23/2004)
03/24/200497 AMENDED ORDER regarding Order 96 . The petition for action on conditions of pretrial release, filing 94, is dismissed without prejudice as to defendant(s) Sherrie Busselman . Signed by Magistrate Judge David L. Piester on 3/24/2004. (CAR, ) (Entered: 03/24/2004)
04/02/200498 MEMORANDUM, REPORT, RECOMMENDATION AND ORDER. (1) Defendant Strauch's motion for disclosure of Rule 404(b) evidence, filing 75 , is granted, and Plaintiff shall disclose to Defendant all evidence it intends to offer at trial against him under Fed. R. Evid. 404(b), no later than four weeks prior to the commencement of trial. (2) Defendant Strauch's motion for disclosure of co-conspirators, filing 75 is granted in part, and the Plaintiff shall forthwith disclose to defendant Strauch's counsel the identities of all unnamed but known co-conspirators who are alleged to be or to have been part of the charged conspiracy. (3) Defendant Strauch's motion for order of misjoinder filing 77 is denied. (4) Defendant Strauch's alternative motion for severance, filing 77 is held in abeyance to permit Defendant Colley and the Plaintiff to respond to this memorandum and order. The parties are granted until 4/15/2004 to file their reponses. (5) An evidentiary hearing will be held before the undersigend on 4/22/2004 at 1:30 p.m. on Defendant Strauch's motion to suppress statements, filing 76 . Copies of all exhibits expected to be offered as evidence during the hearing shall be delivered to the office of the undersigned on or before 4/20/2004. In an effort to shorten the hearing, counsel shall confer prior to the hearing and attempt to reach a stipulation of facts as to matters not in dispute, and shall present their stipulation of facts at the commencement of the hearing. The Defendant shall be present at the hearing. PART 1 OF 2. Signed by Magistrate Judge David L. Piester on 4/2/2004. (GJG, ) (Entered: 04/02/2004)
04/02/2004  PART 2 OF 2. REPORT AND RECOMMENDATION It is recommended to Hon Richard G. Kopf, that Defendant's MOTION to Suppress physical evidence 76 be denied in all respects. The parties are notified that failure to object to this report and recommendation as provided in the local rules may preclude appeal of the District Judge's adoption of the recommendationas to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. Evidentiary Hearing set for 4/22/2004 at 01:30 PM before Magistrate Judge David L. Piester.. Signed by Magistrate Judge David L. Piester on 4/2/2004. (GJG, ) (Entered: 04/02/2004)
04/19/200499 Joint MOTION to Continue (Joint Motion to Continue Motion to Suppress) by Attorney Steven A. Russell as to defendant(s) Vernon Strauch. (Russell, Steven) (Entered: 04/19/2004)
04/20/2004100 ORDER granting 99 Motion to Continue as to Vernon Strauch (5) and the hearing on the motion to suppress is continued until May 25, 2004 at 1:30 p.m., and will be held in Courtroom #2 of the U.S. Courthouse, 100 Centennial Mall North, Lincoln, Nebraska Signed by Magistrate Judge David L. Piester on 4/20/2004. (CAR, ) (Entered: 04/20/2004)
04/21/2004101 MEMORANDUM AND ORDER adopting 98 Magistrate's Report and Recommendations as to Vernon Strauch (5); and denying 76 Motion to Suppress as to Vernon Strauch (5). Signed by Judge Richard G. Kopf on 4/21/2004. (JAR, ) (Entered: 04/21/2004)
05/03/2004  NOTICE of Docket Text Modification by Deputy Clerk regarding MOTION to Suppress 76 and MOTION for Order of Misjoinder 77 . Text modified to reflect the actual title of the documents filed. Motion in Limine has been added as "Part 2 " of Motion to Suppress 76 . (JAR, ) (Entered: 05/03/2004)
05/20/2004102  MOTION to Continue by Attorney Bernard J. Glaser Jr. as to defendant(s) Vernon Strauch. (Glaser, Bernard) (Entered: 05/20/2004)
05/21/2004103 ORDER granting 102 Defendant's Motion to Continue as to Vernon Strauch (5). The evidentiary hearing that was set for May 25 is continued to July 1, 2004 at 1:30 p.m. Signed by Magistrate Judge David L. Piester on 5/21/2004. (GJG, ) (Entered: 05/21/2004)
06/07/2004  NOTICE of Docket Text Modification by Deputy Clerk regarding PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE 104 . Petition unsealed and document attached per Warrant returned executed. (CS, ) (Entered: 06/07/2004)
06/07/2004105 ARREST WARRANT RETURNED EXECUTED on 06/03/04 as to defendant Phillip Colley. (CS, ) (Entered: 06/07/2004)
06/07/2004106 PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE as to defendant(s) Sherrie Busselman . Signed by Magistrate Judge David L. Piester on 6/7/2004. (Part 1 of 2)(GJG, ) Modified on 6/8/2004 to add part 2. (JAR, ) (Entered: 06/07/2004)
06/07/2004  (Part 2 of 2) ORDER granting 106 Petition regarding Conditions of Pretrial Release as to Sherrie Busselman (6). Written reprimand to be filed. Signed by Magistrate Judge David L. Piester on 6/7/2004. (JAR, ) (Entered: 06/08/2004)
06/08/2004107 NOTICE OF ACTION - Written Reprimand regarding Petition 106 as to defendant Sherrie Busselman. (JAR, ) (Entered: 06/08/2004)
06/25/2004108  MOTION to Continue by Attorney Bernard J. Glaser Jr. as to defendant(s) Vernon Strauch. (Glaser, Bernard) (Entered: 06/25/2004)
06/28/2004109 ORDER granting 108 Motion to Continue as to Vernon Strauch (5). The suppression hearing is continued from July 1 to August 2, 2004 at 1:30 p.m. Signed by Magistrate Judge David L. Piester on 6/28/2004. (GJG, ) (Entered: 06/28/2004)
07/01/2004110 NOTICE re: pleas of guilty and sentencing in light of the possible implications of the Supreme Court decision in Blakely v. Washington (PSM, ) (Entered: 07/01/2004)
07/15/2004111  MOTION to Continue by Attorney Bernard J. Glaser Jr. as to defendant(s) Vernon Strauch. (Glaser, Bernard) (Entered: 07/15/2004)
07/20/2004112 ORDER granting 111 Motion to Continue as to Vernon Strauch (5). The suppression hearing is continued to August 11, 2004 at 1:30 p.m. Signed by Magistrate Judge David L. Piester on 7/20/2004. (GJG, ) (Entered: 07/20/2004)
08/06/2004113  MOTION to Withdraw Document by Attorney Bernard J. Glaser Jr. as to defendant(s) Vernon Strauch. (Glaser, Bernard) (Entered: 08/06/2004)
08/06/2004114 ORDER withdrawing 76 Motion to Suppress as to Vernon Strauch (5)and granting 113 Motion to Withdraw Document as to Vernon Strauch (5). The suppression hearing scheduled for August 11, 2004 is cancelled. Signed by Magistrate Judge David L. Piester on 8/6/2004. (GJG, ) (Entered: 08/06/2004)
08/13/2004115  MOTION for Hearing Motion to Set Matter for Status Hearing by Attorney Steven A. Russell as to defendant(s) Blanket Corporation. (Russell, Steven) (Entered: 08/13/2004)
08/13/2004116 ORDER granting 115 Motion for Hearing as to Blanket Corporation (1). A status hearing is scheduled before the undersigned magistrate judge to commence at 11:00 a.m. on August 26, 2004. For the reasons set forth in my previous order, filing 20 , I conclude that this case is "unusual" and "complex" within the meaning of 18 U.S.C. 3161(h)(8)(B)(ii). I further conclude that a status hearing is appropriate to secure a just resolution of this case, and the purposes served by conducting such a hearing outweigh the interest of the defendant and the public in a speedy trial. Accordingly, the time between the date of this order and August 26, 2004 shall be excluded for speedy trial calculation purposes. Signed by Magistrate Judge David L. Piester on 8/13/2004. (GJG, ) (Entered: 08/13/2004)
08/31/2004117  MOTION to Continue Status Hearing by Attorney Michael J. Hansen as to defendant(s) Sherrie Busselman. (Hansen, Michael) (Entered: 08/31/2004)
09/01/2004118 ORDER granting 117 Defendant Busselman's Motion to Continue. The status hearing as to all defendants is continued from September 3 to September 10, 2004 at 8:00 a.m. Signed by Magistrate Judge David L. Piester on 9/1/2004. (CAR, ) (Entered: 09/01/2004)
09/01/2004119 AMENDED ORDER regarding Order on Motion to Continue 118 as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. Defendant Busselman's motion to continue, filing 117, is granted and the status hearing is continued from September 3 to September 10, 2004 at 8:00 a.m. For the reasons set forth in my previous order, filing 20, I conclude that this case is "unusual" and "complex" within the meaning of 18 U.S.C. 3161(h)(8)(B)(ii). I further conclude that a status hearing is appropriate to secure a just resolution of this case, and the purposes served by conducting such a hearing outweigh the interest of the defendant and the public in a speedy trial. Accordingly, the time between the date of the first scheduled status conference, August 26, 2004, and the new date, September 10, 2004, shall be excluded for speedy trial calculation purposes. 18 U.S.C. 3161(h)(8)(B)(ii). Signed by Magistrate Judge David L. Piester on 9/1/2004. (CAR, ) (Entered: 09/01/2004)
09/10/2004121 Minute Entry for status conference hearing proceeding held on 9/10/04 before Magistrate Judge David L. Piester as to defendants Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch and Sherrie Busselman; Defendant's counsel, Bernie Glaser, orally requests the availability of the medical files - Government agrees to the request; Court agrees that a motion to have a separate trial for Sherrie Busselman may be filed; A hearing on a motion in limine is scheduled for 12/21/04 at 10:00 a.m. for the remainder of the day; Another status conference may be held after the resolution of the motion in limine and any conflicts; Hearing held in Lincoln; Courtroom Deputy: Sue Davis; Reporter: Digital Recorder; Appearance for Plaintiff; Steve Russell; For Defendant: Bernie Glaser, CJA; Bob Creager, CJA; James Hoppe, Retained; Mike Hansen, FPD; Hearing commenced at 8:10 a.m. and concluded at 8:34 a.m. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (SED) (Entered: 09/17/2004)
09/14/2004120 MEMORANDUM AND ORDER regarding Status Conference held 9/10/2004 as to defendants Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch and Sherrie Busselman. Deadlines set as stated; Hearing on Motion in Limine is tentatively set for 12/21/2004 10:00 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Another status conference with counsel will be scheduled after the resolution of the motions. Signed by Magistrate Judge David L. Piester on 9/14/2004. (JAR) (Entered: 09/14/2004)
09/20/2004122  MOTION (Motion to Determine Conflicts) by Attorney Steven A. Russell as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. (Russell, Steven) (Entered: 09/20/2004)
09/30/2004123  MOTION to Sever Trial of Sherrie Busselman by Attorney Steven A. Russell as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. (Russell, Steven) (Entered: 09/30/2004)
09/30/2004124 BRIEF In Support of Motion to Sever 123 Trial of Sherrie Busselman by Attorney Steven A. Russell as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman (Russell, Steven) (Entered: 09/30/2004)
10/25/2004125 ORDER regarding MOTION 122 . A hearing on plaintiff's Motion to Determine Conflicts will be held on November 15, 2004 at 9:30 a.m. to determine whether a conflict of interest has arisen between defendants Colley and Strauch and their respective attorneys. Defendants Colley and Strauch and their attorneys shall bepresent. Motion Hearing set for 11/15/2004 at 09:30 AM before Magistrate Judge David L. Piester as to defendant(s) Phillip Colley and Vernon Strauch. Signed by Magistrate Judge David L. Piester on 10/25/2004. (GJG, ) (Entered: 10/26/2004)
10/28/2004126 ORDER granting 123 Motion to Sever as to Sherrie Busselman (6). Trial of defendant Busselman shall be held at a different time from the trial of the remaining defendants. The exact trial setting shall be determined at a later time. Signed by Magistrate Judge David L. Piester on 10/28/2004. (JAR) (Entered: 10/28/2004)
11/05/2004127 NOTICE by Attorney Steven A. Russell as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. (Russell, Steven) (Entered: 11/05/2004)
11/16/2004129 ORDER-The government's motion, filing 122 is granted insofar as the holding of a hearing to determine conflicts, but is otherwise denied. The recording of the in camera hearing shall be filed under seal and not available as part of the public record of this case as to Blanket Corporation (1), Independent Living Apartments (2), Stony Ridge Day Treatment (3), Phillip Colley (4), Vernon Strauch (5), Sherrie Busselman (6). Signed by Magistrate Judge David L. Piester on 11/16/2004. (GJG, ) (Entered: 11/17/2004)
11/16/2004130 MEMORANDUM AND ORDER - All medical, psychological, and/or psychiatric recordsconcerning the witnesses identified as stated in the notice filed by the government on November 5, 2004, filing 127 which are now in or which henceforth come into the possession of the government shall, as soon as possible, be copied by the government, or by third-party contract at the expense of the government, and each defendant's counsel shall be provided copies of all of such records for their review and use in preparing for the trials of this case, including the preparation and presentation of motions. No such record, nor its contents, shall be disclosed to any other person, including defendants, until further order of the court or in accordance with a duly authorized release of confidential information signed by the affected witness and/or his or her legal guardian and/or attorney. Counsel shall confer with respect to an appropriate protective order for application in this matter, and shall submit same to the undersigned as soon as possible as to Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman . Signed by Magistrate Judge David L. Piester on 11/16/2004. (GJG, ) (Entered: 11/17/2004)
12/01/2004131  MOTION to Continue Hearing Date, and to Set Deadlines for Copying of Records and Motions in Limine by Attorney Steven A. Russell as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. (Russell, Steven) (Entered: 12/01/2004)
12/03/2004132 ORDER granting 131 Motion to Continue as to Blanket Corporation (1), Independent Living Apartments (2), Stony Ridge Day Treatment (3), Phillip Colley (4), Vernon Strauch (5), Sherrie Busselman (6). Plaintiff is given until January 5, 2005 to provide copies to the defendants of the materials ordered in the court's memorandum of November 16, 2004. Defendants are given until February 5, 2005 to submit any motions in limine, if applicable. The hearing currently set for December 21, 2004 is cancelled until such further time as needed. Signed by Magistrate Judge David L. Piester on 12/3/2004. (GJG, ) (Entered: 12/03/2004)
01/25/2005133 Amended PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE - Warrant issued as to defendant Phillip Colley. Signed by Magistrate Judge David L. Piester on 1/25/2005. (JAR) Modified on 2/24/2005 to unseal per Order. (JAR) (Entered: 01/25/2005)
02/18/2005134 Minute Entry for initial appearance on pretrial release violation proceeding held 2/18/05 before Magistrate Judge David L. Piester as to defendant Phillip Colley. Bond Hearing began. Bond Hearing continued to 2/23/2005 at 11:00 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Defendant remanded to the custody of the U.S. Marshal to be detained pending further order of the court.Appearance for Plaintiff: Steve Russell.Defendant: Bob Creager, CJA.Courtroom Deputy: Sue Davis.Court Reporter: Electronic Recorder (Tape No 05-012; 1760 - 2080).Time Commenced: 9:06 a.m.Time Concluded: 9:11 a.m.Time in Court: 5 Minutes. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (SED) (Entered: 02/18/2005)
02/23/2005135 Minute Entry for initial appearance on pretrial release violation proceeding held 2/23/05 before Magistrate Judge David L. Piester as to defendant Phillip Colley. Bond Hearing continued from 2/18/05. Bond hearing held.Evidentiary hearing held.Evidence by plaintiff.Government is requesting detention.It is ordered that: Defendant found to be in violation of conditions of release.Written order for detention forthcoming.Defendant remanded to custody of the U.S. Marshal to be detained pending further order of the court.Appearance for Plaintiff: Steve Russell.Defendant: Bob Creager, CJA.Courtroom Deputy: Sue Davis.Court Reporter: Electronic Recorder (Tape No 05-013; 3160 - Tape 05-014; 3030).Time Commenced: 11:07 a.m.Time Concluded: 12:36 p.m.Time in Court: 1 Hour & 29 Minutes. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (SED) (Entered: 02/23/2005)
02/23/2005136 EXHIBIT LIST from initial appearance on pretrial release violation hearing held on 2/23/05 as to defendant Phillip Colley (SED) (Entered: 02/23/2005)
02/23/2005137 WITNESS LIST from initial appearance on a pretrial release violation hearing held on 2/23/05 as to defendant Phillip Colley (SED) (Entered: 02/23/2005)
02/24/2005138 MEMORANDUM AND ORDER granting 133 Amended Petition regarding Conditions of Pretrial Release as to Phillip Colley (4). The previous order of release, filing 72 , is revoked. The defendant shall remain in custody for the duration of this case. Signed by Magistrate Judge David L. Piester on 2/24/2005. (JAR) (Entered: 02/24/2005)
03/16/2005   ORAL MOTION to enter a plea of guilty - THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY . (GJG, ) (Entered: 03/16/2005)
03/16/2005139 MEMORANDUM AND ORDER - This case, insofar as it concerns this defendant, is removed from the trial docket based upon the request of the defendant. A hearing on the defendant's anticipated plea of guilty is scheduled before Magistrate Judge Piester on the 18th day of April, 2005, at the hour of 2:00 p.m., in Courtroom No. 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. For this defendant, the time between today's date and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act as to Blanket Corporation (1). See 18 U.S.C. sec. 3161(h)(1)(I)&(h)(8)(A)(B). Signed by Magistrate Judge David L. Piester on 3/16/2005. (GJG, ) (Entered: 03/16/2005)
03/16/2005   ORAL MOTION to enter a plea of guilty - THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY . (GJG, ) (Entered: 03/16/2005)
03/16/2005140 MEMORANDUM AND ORDER - The oral motion of defendant is granted. This case, insofar as it concerns this defendant, is removed from the trial docket based upon the request of the defendant. A hearing on the defendant's anticipated plea of guilty is scheduled before Magistrate Judge Piester on the 18th day ofApril, 2005, at the hour of 1:30 p.m., in Courtroom No. 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. For this defendant, the time between today's date and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act as to Vernon Strauch(5). See 18 U.S.C. sec. 3161(h)(1)(I)&(h)(8)(A)(B). Signed by Magistrate Judge David L. Piester on 3/16/2005. (GJG, ) (Entered: 03/16/2005)
03/16/2005   ORAL MOTION to enter a guilty plea as to defendant Independant Living Apartments, Inc. - THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY . (GJG, ) (Entered: 03/16/2005)
03/16/2005141 MEMORANDUM AND ORDER - The oral motion of defendant is granted. This case, insofar as it concerns this defendant, is removed from the trial docket based upon the request of the defendant. A hearing on the defendant's anticipated plea of guilty is scheduled before Magistrate Judge Piester on the 18th day ofApril, 2005, at the hour of 2:00 p.m., in Courtroom No. 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska.For this defendant, the time between today's date and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act as to Independent Living Apartments (2). See 18 U.S.C. sec. 3161(h)(1)(I)&(h)(8)(A)(B). Signed by Magistrate Judge David L. Piester on 3/16/2005. (GJG, ) (Entered: 03/16/2005)
03/16/2005   ORAL MOTION to enter a plea of guilty by defendant Stoney Ridge Day Treatment, Inc. - THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY . (GJG, ) (Entered: 03/16/2005)
03/16/2005142 MEMORANDUM AND ORDER - The oral motion of defendant is granted. This case, insofar as it concerns this defendant, is removed from the trial docket based upon the request of the defendant. A hearing on the defendant's anticipated plea of guilty is scheduled before Magistrate Judge Piester on the 18th day ofApril, 2005, at the hour of 2:00 p.m., in Courtroom No. 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska.For this defendant, the time between today's date and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act as to Stony Ridge Day Treatment (3).See 18 U.S.C. sec. 3161(h)(1)(I)&(h)(8)(A)(B). Signed by Magistrate Judge David L. Piester on 3/16/2005. (GJG, ) (Entered: 03/16/2005)
04/18/2005143 Minute Entry for change of plea proceeding held 4/18/05 before Magistrate Judge David L. Piester as to defendant Vernon Strauch.Defendant's oral consent to proceed before Magistrate Judge accepted.Defendant rearraigned on Indictment.Change of Plea Hearing held.Defendant acknowledges receipt of a copy of the Indictment.Defendant withdraws plea of not guilty as to Count I of Indictment.Defendant pleads:Guilty as to Count I of Indictment.Recommended that the plea be accepted at or before sentencing.Recommended that the Rule 11(c)(1)(C) agreement be considered at sentencing.It is ordered:Bond continued.Sentencing is scheduled for 7/7/05 at 12:30 p.m. before Judge Kopf.Presentence Investigation Packet handed to Defendant's counsel.Written Report and Recommendation will be issued.Appearance for Plaintiff: Steve Russell.Defendant: Bernie Glaser, Retained.Courtroom Deputy: Sue Davis.Court Reporter: Electronic Recorder (Tape No 05-035; 1925 - 4170).Time Commenced: 1:42 p.m.Time Concluded: 2:13 p.m.Time in Court: 31 Minutes. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (SED) (Entered: 04/19/2005)
04/18/2005144 PETITION to enter plea of guilty as to defendant Vernon Strauch. (JAR) SEALED ATTACHMENT added on 4/19/2005 per DLP. (JAR) (Entered: 04/19/2005)
04/18/2005145 PLEA AGREEMENT as to defendant Vernon Strauch. (JAR) (Entered: 04/19/2005)
04/18/2005146 REPORT, RECOMMENDATION, and ORDER to Judge Richard G. Kopf that: he accept the guilty plea and find the defendant guilty of the crime to which the defendant tendered a guilty plea; and he not accept the plea agreement at this time, but rather that he consider the Rule 11(c)(1)(C) agreement at sentencing as to defendant Vernon Strauch. Signed by Magistrate Judge David L. Piester on 4/19/2005. (JAR) (Entered: 04/19/2005)
04/18/2005147 ORDER ON SENTENCING SCHEDULE as to defendant Vernon Strauch. Sentencing set for 7/7/2005 12:30 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Magistrate Judge David L. Piester on 4/18/2005. (JAR) (Entered: 04/19/2005)
04/18/2005148 PETITION to enter plea of guilty as to defendant Blanket Corporation (JAR) SEALED ATTACHMENT added on 4/19/2005 per DLP. (JAR) (Entered: 04/19/2005)
04/18/2005149 PLEA AGREEMENT as to defendant Blanket Corporation. (JAR) (Entered: 04/19/2005)
04/18/2005150 Minute Entry for change of plea proceeding held 4/18/05 before Magistrate Judge David L. Piester as to defendant Blanket Corporation.Oral consent by Vernon Strauch on behalf of Defendant Blanket Corporation to proceed before Magistrate Judge accepted.Defendant rearraigned on Indictment.Change of Plea Hearing held.Defendant acknowledges receipt of a copy of the Indictment.Defendant withdraws plea of not guilty as to Counts I & IX of Indictment.Defendant pleads:Guilty as to Counts I & IX of Indictment.Recommended that the plea be accepted at or before sentencing.Recommended that the Rule 11(c)(1)(C) agreement be considered at sentencing.It is ordered:Sentencing is scheduled for 7/8/05 at 12:00 p.m. before Judge Kopf.Presentence Investigation Packet handed to Defendant's counsel.Written Report and Recommendation will be issued.Appearance for Plaintiff: Steve Russell.Defendant: James Hoppe, Retained.Courtroom Deputy: Sue Davis.Court Reporter: Electronic Recorder (Tape No 05-035; 4170 - 5529 - Tape 05-036; 580).Time Commenced: 2:14 p.m.Time Concluded: 2:43 p.m.Time in Court: 29 Minutes. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (SED). (Entered: 04/19/2005)
04/18/2005151 REPORT, RECOMMENDATION AND ORDER recommending to Judge Kopf that he accept the guilty plea and consider any written plea agreement; if any party desires to object to this report and recommendation they shall do so no later than 10 calendar days as to defendant Blanket Corporation signed by Magistrate Judge David L. Piester on 4/18/2005. (SED) (Entered: 04/19/2005)
04/18/2005152 ORDER ON SENTENCING SCHEDULE as to defendant Blanket Corporation. Sentencing set for 7/8/2005 at 12:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf signed by Magistrate Judge David L. Piester on 4/18/2005. (SED) (Entered: 04/19/2005)
04/27/2005153  MOTION (Government's Motion for Pretrial Conference) by Attorney Steven A. Russell as to defendant(s) Phillip Colley, Sherrie Busselman. (Russell, Steven) (Entered: 04/27/2005)
05/01/2005154 TRANSCRIPT of Proceedings before Judge Piester, held on April 18, 2005 regarding guilty plea. transcriber: Vicki L. Jarchow; Total Number of Billable Pages: 33. Total Number of Pages: 33. To purchase a copy of this transcript, please contact Vicki L. Jarchow at 402-476-1153 as to defendant(s) Vernon Strauch. A party must file a Notice of Intent to Request Redaction within 5 business days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made electronically available without redaction. (Jarchow, Vicki) Modified on 5/17/2005 by removing the word unredaceted as a Notice of Intent to Request for Redaction was not filed (GJG, ). (Entered: 05/01/2005)
05/01/2005155 TRANSCRIPT of Proceedings (UNREDACTED) before Judge Piester, held on April 18, 2005 regarding guilty plea. transcriber: Vicki L. Jarchow; Total Number of Billable Pages: 24. Total Number of Pages: 24. To purchase a copy of this transcript, please contact Vicki L. Jarchow at 402-476-1153 as to defendant(s) Blanket Corporation, Blanket Corporation. A party must file a Notice of Intent to Request Redaction within 5 business days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made electronically available without redaction. (Jarchow, Vicki) Modified on 5/17/2005 by removing the word unredaceted as a Notice of Intent to Request for Redaction was not filed(GJG, ). (Entered: 05/01/2005)
05/02/2005156 ORDER - Plaintiff's motion for pretrial conference, filing 153 is granted and a pretrial conference as to the above defendants is set for May 11, 2005 at 1:00 p.m. Counsel for the parties shall be present. Defendants may but are not required to be present as to Phillip Colley (4), Sherrie Busselman (6). Signed by Magistrate Judge David L. Piester on 5/2/2005. (GJG, ) (Entered: 05/02/2005)
05/05/2005157 ORDER as to Vernon Strauch. It is ordered that: (1) The report and recommendation 146 is accepted. (2) The defendant is found guilty. The plea is accepted. The court decides that the plea of guilty is knowing, intelligent, voluntary, and that there is a factual basis for the plea. (3) If there is a plea agreement, I defer acceptance of the plea agreement until the time of sentencing pursuant to Rule 11(c)(3). Unless otherwise stated at the time of sentencing, the plea agreement will be deemed accepted upon the pronouncement of the judgment and sentence. (4) This case shall proceed to sentencing. Signed by Judge Richard G. Kopf on 5/5/2005. (KLL, ) (Entered: 05/05/2005)
05/05/2005158 ORDER as to Blanket Corporation. It is ordered that: (1) The report and recommendation 151 is accepted. (2) The defendant is found guilty. The plea is accepted. The court decides that the plea of guilty is knowing, intelligent, voluntary, and that there is a factual basis for the plea. (3) If there is a plea agreement, I defer acceptance of the plea agreement until the time of sentencing pursuant to Rule 11(c)(3). Unless otherwise stated at the time of sentencing, the plea agreement will be deemed accepted upon the pronouncement of the judgment and sentence. (4) This case shall proceed to sentencing. Signed by Judge Richard G. Kopf on 5/5/2005. (KLL, ) (Entered: 05/05/2005)
05/11/2005159 Minute Entry for pretrial conference proceeding held 5/11/05 before Magistrate Judge David L. Piester as to defendants Phillip Colley & Sherrie Busselman.Pretrial conference held.It is ordered:This case is ready to be set for trial.Trial for Defendant Phillip Colley is set for 9/12/05 for 10 days.Trial for Defendant Sherrie Busselman is set for 10/3/05 for 5 days.Defendant remanded to custody of the U.S. Marshal to be detained pending further order of the court.Appearance for Plaintiff: Steve Russell.Defendant: Bob Creager (for Defendant Colley), CJA; Mike Hansen (for Defendant Busselman), FPD.Courtroom Deputy: Sue Davis.Court Reporter: Electronic Recorder (Tape No. 05-045; 0 - 75).Time Commenced: 1:19 p.m.Time Concluded: 1:23 p.m.Time in Court: 4 Minutes. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (SED) (Entered: 05/11/2005)
05/11/2005160 MEMORANDUM AND ORDER as to Phillip Colley, Sherrie Busselman. Trial of the case UNITED STATES v. PHILLIP COLLEY is set to commence before the Hon. Richard G. Kopf, United States District Judge at 9:00 a.m. September 12, 2005 in Courtroom #1, United States Courthouse, Lincoln, Nebraska. Jury selection will be at commencement of trial. Trial is scheduled for a duration of ten trial days. Trial of the case UNITED STATES v. SHERRIE BUSSELMAN is set to commence before the Hon. Richard G. Kopf, United States District Judge at 9:00 a.m. October 3, 2005 in Courtroom #1, United States Courthouse, Lincoln, Nebraska. Jury selection will be at commencement of trial. Trial is scheduled for a duration of five trial days. The court having previously found this case to be complex within the meaning of the Speedy Trial Act, 18 U.S.C. sec. 3161(h)(8)(A) and (B)(ii), it remains true that to force the defendants to go to trial before these dates would be unjust. For this reason, the entire case was previously, and remains, exempt from the time limitations of the Speedy Trial Act. Excludable started as to defendant(s) Phillip Colley, Sherrie Busselman. Signed by Magistrate Judge David L. Piester on 5/11/2005. (GJG, ) (Entered: 05/16/2005)
05/17/2005  NOTICE of Docket Text Modification by Deputy Clerk regarding Transcript - Unredacted, 154 and Transcript - Unredacted,, 155 . Entry made available to the public as a Notice of Intent to Request for Redaction was not filed. (GJG, ) (Entered: 05/17/2005)
05/17/2005161  MOTION to Extend by Attorney Bernard J. Glaser, Jr as to defendant(s) Vernon Strauch. (Glaser, Bernard) (Entered: 05/17/2005)
05/18/2005162 AMENDED ORDER ON SENTENCING SCHEDULE as to defendant Vernon Strauch. It is ordered that the defendant's motion to extend sentencing deadlines and motion to continue sentencing date 161 is granted in part and denied in part. Deadlines are extended 60 days, and sentencing is rescheduled to 9/8/2005 at 12:00 noon before Judge Kopf in Lincoln.Signed by Judge Richard G. Kopf on 5/18/2005. (KLL, ) (Entered: 05/18/2005)
05/19/2005163  MOTION to Modify Conditions of Release by Attorney Robert B. Creager as to defendant(s) Phillip Colley. (Creager, Robert) (Entered: 05/19/2005)
05/19/2005164 ORDER denying 163 Motion to Modify Conditions of Release as to Phillip Colley (4). Signed by Magistrate Judge David L. Piester on 5/19/2005. (GJG, ) (Entered: 05/19/2005)
07/01/2005165  MOTION to Extend Sentencing Schedule with Certificiate of Service by Attorney James H. Hoppe as to defendant(s) Blanket Corporation. (Hoppe, James) (Entered: 07/01/2005)
07/06/2005166 AMENDED ORDER ON SENTENCING SCHEDULE as to defendant Blanket Corporation. It is ordered that: (1) Defendant's motion to extend sentencing schedule 165 is granted; (2) Sentencing deadlines reset; (3) Sentencing reset to 9/9/2005 01:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf; etc. Signed by Judge Richard G. Kopf on 7/6/2005. (KLL, ) (Entered: 07/06/2005)
07/19/2005167  MOTION for Downward Departure by Attorney Bernard J. Glaser, Jr as to defendant(s) Vernon Strauch. (Glaser, Bernard) (Entered: 07/19/2005)
07/19/2005168 STRICKEN - BRIEF support of Motion for Downward Departure by Attorney Bernard J. Glaser, Jras to defendant(s) Vernon Strauch (Glaser, Bernard) Modified on 7/26/2005 to add "stricken" language per Order 170 .(JAR) (Entered: 07/19/2005)
07/25/2005169 BRIEF Downward Departure by Attorney Bernard J. Glaser, Jras to defendant(s) Vernon Strauch (Glaser, Bernard) (Entered: 07/25/2005)
07/26/2005170 ORDER striking Brief 168 as to defendant Vernon Strauch. Incorrect document attached. Document has been refiled. Signed by Judge Richard G. Kopf on 7/26/2005. (JAR) (Entered: 07/26/2005)
08/01/2005171  MOTION to Extend Deadline to assert ojbections to presentence investigation report by Attorney Bernard J. Glaser, Jr as to defendant(s) Vernon Strauch. (Glaser, Bernard) (Entered: 08/01/2005)
08/02/2005172 SECOND AMENDED ORDER ON SENTENCING SCHEDULE as to Vernon Strauch. It is ordered that (1) The defendant's motion to extend deadline to assert objections to presentence investigation report 171 is granted; (2) Deadlines are extended; (3) Sentencing is rescheduled to 9/16/2005 at 12:30 PM before Judge Kopf in Lincoln. Signed by Judge Richard G. Kopf on 8/2/2005. (KLL, ) (Entered: 08/02/2005)
08/17/2005173 ORDER as to defendant Phillip Colley. It is ordered that: (1) This case, insofar as it concerns this defendant, is removed from the trial docket based upon the request of the defendant. (2) A hearing on the defendant's anticipated plea of guilty is scheduled before the undersigned United States district judge on the 12th day of September, 2005, at the hour of 12:00 noon, in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska. (3) On or before the date set for the plea proceeding, counsel for plaintiff and for defendant shall provide to the assigned probation officer their respective versions of the offense for purposes of preparing the presentence investigation report. (4) For this defendant, the time between today's date and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. sec. 3161(h)(1)(I)&(h)(8)(A)(B).*** Change of Plea Hearing set for 9/12/2005 12:00 PM in Courtroom 1 (Omaha) before Judge Richard G. Kopf; XT excludable started 8/17/2005-9/12/2005; termed 9/12/2005 trial date. Signed by Judge Richard G. Kopf on 8/17/2005. (KLL, ) (Entered: 08/17/2005)
08/23/2005174 TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Blanket Corporation. It is ordered that the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects.Signed by Judge Richard G. Kopf on 8/23/2005. (KLL, ) (Entered: 08/23/2005)
08/31/2005175 ORDER re: "reasonable doubt" standard at sentencing, and the clerk shall file this Memorandum and Order in all pending criminal cases;as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. Signed by Judge Richard G. Kopf on 8/31/2005. (PSM, ) (Entered: 08/31/2005)
09/07/2005176  MOTION to Continue Sentencing by Attorney James H. Hoppe as to defendant(s) Blanket Corporation. (Hoppe, James) (Entered: 09/07/2005)
09/07/2005177 ORDER as to Blanket Corporation. It is ordered that: (1) The defendant's motion to continue sentencing 176 is granted; (2) Defendant Blanket Corporation's sentencing is continued to Friday, September 16, 2005, at 1:00 p.m., before the undersigned United States District Judge, in Courtroom No. 1, Robert V. Denney Federal Building and United States Courthouse, Lincoln, Nebraska. Since this is a criminal case, the defendant shall be present unless excused by the court. Signed by Judge Richard G. Kopf on 9/7/2005. (KLL, ) (Entered: 09/07/2005)
09/08/2005178 ORDER as to defendant Sherrie Busselman. It is ordered that: (1) This case, insofar as it concerns this defendant, is removed from the trial docket based upon the request of the defendant. (2) A hearing on the defendant's anticipated plea of guilty is scheduled before the undersigned United States district judge on the 22nd day of September, 2005, at the hour of 4:30 p.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska. (3) On or before the date set for the plea proceeding, counsel for plaintiff and for defendant shall provide to the assigned probation officer their respective versions of the offense for purposes of preparing the presentence investigation report. (4) For this defendant, the time between today's date and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. sec. 3161(h)(1)(I)&(h)(8)(A)(B).***Change of Plea Hearing set for 9/22/2005 04:30 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf; XT excludable started 9/8/2005-9/22/2005; termed 10/3/2005 trial date. Signed by Judge Richard G. Kopf on 9/8/2005. (KLL, ) (Entered: 09/08/2005)
09/12/2005179 Minute Entry for change of plea proceedings held before Judge Richard G. Kopf in Lincoln on 9/12/05 as to defendant Phillip Colley. Defendant re-arraigned on Count I of the indictment. Defendant pleads: Guilty.It is ordered: Plea accepted and defendant found guilty on Count I of Indictment. Plea agreement not approved at this time pending review of PSR.Presentence Investigation and Report requested.Sentencing is scheduled for December 9, 2005, at 12:00 noon, before Judge Kopf.Presentence Investigation Packet handed to Defendant's counsel. Defendant remanded to the custody of the U.S. Marshal.Appearance for Plaintiff: Steven Russell; Defendant: Robert Creager, retained.Courtroom Deputy: Colleen Beran; Court Reporter: Digital.Time Commenced: 12:10 p.m.-12:50 p.m.Time Concluded: 1:57 p.m.- 2:17 p.m.Interpreter Used: no.THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (CCB ) (Entered: 09/12/2005)
09/12/2005180 TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum as to defendant Vernon Strauch. It is ordered that: (1) The defendant's objections set forth in the addendum regarding the amount of loss, the defendant's role in the offense, and use of the 2004 Guidelines Manual will be resolved at sentencing; (2) The defendant's motion 167 for departure due to age and poor health will be resolved at sentencing; (3) The parties are herewith notified that my tentative findings are that the presentence report is otherwise correct in all respects; ETC. Signed by Judge Richard G. Kopf on 9/12/2005. (KLL, ) (Entered: 09/12/2005)
09/12/2005181 PETITION to enter plea of guilty as to defendant Phillip Colley (CCB ) (Entered: 09/12/2005)
09/12/2005182 PLEA AGREEMENT as to defendant Phillip Colley (CCB ) (Entered: 09/12/2005)
09/12/2005204 ORDER ON SENTENCING SCHEDULE as to defendant Phillip Colley. Sentencing set for 12/9/2005 at 12:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Judge Richard G. Kopf on 9/12/2005. (CCB ) (Entered: 09/26/2005)
09/16/2005183  MOTION for Downward Departure by Attorney Steven A. Russell as to defendant(s) Vernon Strauch. (Russell, Steven) (Entered: 09/16/2005)
09/16/2005184 Minute Entry for sentencing proceedings held before Judge Richard G. Kopf in Lincoln on 9/16/05 as to defendant Vernon Strauch. Court denies defendant's objection as to the use of the 2004 Guidelines. Plea and plea agreement are accepted. The Court approves the stipulation and sustains defendant's objection to the presentence report as to amount of loss and the role in offense.Court grants government's motion 183 for departure under the provisions of 5K2.1 for substantial assistance. The Court denies defendant's motion 167 for downward departure as to age and poor health. On plea of guilty to Count I of the Indictment,it is ordered that the defendant is sentenced to the custody of the Bureau of Prisons for a term of 12 months and one day, followed by 3 years of supervised release with special conditions. Defendant is sentenced to pay: Restitution in the amount of $250,000, jointly and severally with Blanket Corporation and Phillip Colley, and the special assessment in the amount of $100.00.Execution of sentence of imprisonment suspended until no earlier than 1/3/06. Defendant released pending execution of sentence of imprisonment on same terms and conditions as previously released. On motion of the government, Counts II through XVII of the indictment are dismissed.Appearance for Plaintiff: Steven Russell; Defendant: Bernard Glaser, retained; Probation Officer: Stan Pfeiffer; Courtroom Deputy: Colleen Beran; Court Reporter: digital.Time Commenced: 12:35 p.m.Time Concluded: 1:50 p.m.Interpreter Used: no.THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (CCB ) (Entered: 09/16/2005)
09/16/2005185 EXHIBIT LIST from sentencing hearing held on 9/16/05 as to defendant Vernon Strauch (CCB ) (Entered: 09/16/2005)
09/16/2005186 Minute Entry for sentencing proceedings held before Judge Richard G. Kopf in Lincoln on 9/16/05 as to defendant Blanket Corporation. The Court adopts the plea agreement pursuant to Rule 11(c)(1)(C). On plea of guilty to Counts I and IX of the Indictment,it is ordered that the defendant is sentenced toprobation for a term of 3 years with special conditions.Defendant is sentenced to pay:special assessment in the amount of $800.00 and restitution in the amount of $250,000, to be paid jointly and severally with Vernon Strauch and Phillip Colley.On motion of the Government, all remaining counts of the indictment are dismissed. Appearance for Plaintiff: Steven Russell; Defendant: James Hoppe, retained; Probation Officer: Stan Pfeiffer; Courtroom Deputy: Colleen Beran; Court Reporter: digital.Time Commenced: 2:00 p.m.Time Concluded: 2:15 p.m. Interpreter Used: no;THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (CCB ) (Entered: 09/16/2005)
09/16/2005187 NOTICE of right to appeal in criminal cases and counsel's acknowledgment and receipt of the 8th Circuit's Rule 27C signed by Attorney Bernard J. Glaser, Jr. and defendant Vernon Strauch. (CCB ) (Entered: 09/16/2005)
09/22/2005190 JUDGMENT as to Blanket Corporation (1). Defendant pleaded guilty to Counts I and IX of the Indictment and is hereby sentenced to probation for a term of three (3) years; $800 Special Assessment and $250,000 in restitution; Count(s) 10-16, 2-8, Dismissed on the motion of the United States as to this Defendant only. 4 CERTIFIED COPIES TO USM. Signed by Judge Richard G. Kopf on 9/22/2005. (GJG, ) (Entered: 09/22/2005)
09/22/2005192 JUDGMENT as to Vernon Strauch (5). Count(s) 1, Defendant pleaded guilty to Count I of the Indictment and is hereby committed to the United States Bureau of Prisons to be imprisoned for a term of 12 months and one (1) day; three (3) years of Supervised Release with Special Conditions; $100 Speical Assessment (PAID) and Restitution in the amount of $250,000; Count(s) 10-16, 17, 2-8, 9, Dismissed on the motion of the United States as to this defendant only as to defendant(s) Vernon Strauch. 4 CERTIFIED COPIES TO USM. Signed by Judge Richard G. Kopf on 9/22/2005. (GJG, ) (Entered: 09/22/2005)
09/22/2005198 INFORMATIONas to defendant(s) Sherrie Busselman. (GJG, ) (Entered: 09/23/2005)
09/22/2005199 CRIMINAL COVER SHEET as to defendant(s) Sherrie Busselman. ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (GJG, ) (Entered: 09/23/2005)
09/22/2005200 Minute Entry for change of plea proceeding held before Judge Richard G. Kopf as to defendant Sherrie Busselman.Arraignment on Information.Change of Plea Hearing held.Defendant pleads:Guilty as to Counts I, II, & III of Information.It is ordered:Leave to file Information.Pending review of PSI and until time of sentencing, plea agreement not accepted.Plea accepted and defendant found guilty of Counts I, II, & III of Information.Presentence Investigation and Report requested.Bond continued.Sentencing is scheduled for 12/15/05 at 12:30 p.m. before Judge Kopf.Presentence Investigation Packet handed to Defendant's counsel.Appearance for Plaintiff: Steve Russell.Defendant: Mike Hansen, FPD.Courtroom Deputy: Sue Davis. Court Reporter: Digital Recorder.Time Commenced: 3:03 p.m.Time Concluded: 3:42 p.m.Time in Court: 39 Minutes. Interpreter Used: No.THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (SED) (Entered: 09/26/2005)
09/22/2005201 PETITION to enter plea of guilty as to defendant Sherrie Busselman (SED) (Entered: 09/26/2005)
09/22/2005202 PLEA AGREEMENT as to defendant Sherrie Busselman (SED) (Entered: 09/26/2005)
09/22/2005203 ORDER ON SENTENCING SCHEDULE as to defendant Sherrie Busselman. Sentencing set for 12/15/2005 at 12:30 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf signed by Judge Richard G. Kopf on 9/22/2005. (SED) (Entered: 09/26/2005)
09/23/2005  ***As to defendant Sherrie Busselman, termed 9/22/2005 change of plea hearing deadline. Signed by Judge Richard G. Kopf on 9/23/2005. (KLL, ) (Entered: 09/23/2005)
11/16/2005205 TRANSCRIPT of Proceedings before Judge Kopf, held on 9-16-05 regarding Sentencing. transcriber: Vicki Jarchow; Total Number of Billable Pages: 58. Total Number of Pages: 58. To purchase a copy of this transcript, please contact Vicki Jarchow at (402) 476-1153 as to defendant(s) Vernon Strauch. A party must file a Notice of Intent to Request Redaction within 5 business days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made electronically available without redaction. (Jarchow, Vicki) Modified on 11/29/2005 by removing the word unredacted as a notice of intent to request redaction was not filed. (AST) (Entered: 11/16/2005)
11/17/2005206 TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Phillip Colley. It is ordered that the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects; ETC. Signed by Judge Richard G. Kopf on 11/17/2005. (KLL, ) (Entered: 11/17/2005)
11/22/2005207 OBJECTION TO PRESENTENCE INVESTIGATION REPORT - hearing requested as to Sherrie Busselman by Attorney Michael J. Hansenas to defendant(s) Sherrie Busselman (Hansen, Michael) (Entered: 11/22/2005)
11/29/2005  NOTICE of Docket Text Modification by Deputy Clerk regarding 205 TRANSCRIPT of Proceedings before Judge Kopf, held on 9-16-05 regarding Sentencing. transcriber: Vicki Jarchow; Total Number of Billable Pages: 58. Total Number of Pages: 58. To purchase a copy of this transcript, please contact Vicki Jarchow at (402) 476-1153 as to defendant(s) Vernon Strauch. A party must file a Notice of Intent to Request Redaction within 5 business days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made electronically available without redaction. (Jarchow, Vicki) Modified on 11/29/2005 by removing the word unredacted as a notice of intent to request redaction was not filed. (AST) (Entered: 11/29/2005)
12/06/2005208 TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report and Addendum as to defendant Sherrie Busselman. It is ordered that: (1) The defendant's objection 207 regarding a lack of mitigating role reduction is denied. Noting that the defendant does not challenge the factual accuracy of the presentence report, and, indeed, relies upon it, due to the long standing and repetitive nature of the defendant's fraudulent over-billing of her own counseling services and the fact that the defendant's personal behavior involved more than minimal planning, the defendant is not entitled to a mitigating role adjustment even after comparing her behavior to that of Mr. Strauch and Mr. Colley. (2) The parties are herewith notified that my tentative findings are that the presentence report is correct in all respects; ETC.Signed by Judge Richard G. Kopf on 12/6/2005. (KLL, ) (Entered: 12/06/2005)
12/09/2005209 Minute Entry for sentencing proceedings held before Judge Richard G. Kopf in Lincoln on 12/9/05 as to defendant Phillip Colley.The Court accepts the plea agreement pursuant to Rule 11(c)(1)(C). The Court varies from the guidelines and on plea of guilty to Count I of the Indictment,it is ordered that the defendant is sentenced to the custody of the Bureau of Prisons for a term of 22 months and 12 days, followed by 3 years of supervised release with special conditions. Supervised release shall run concurrent with Case No. 4:03CR3086. On motion of the government, Counts II through XVII of the indictment are dismissed.Defendant is sentenced to pay: special assessment in the amount of $100.00 and restitution in the amount of $250,000. Defendant remanded to the custody of the USM. Appearance for Plaintiff: Steven Russell; Defendant: Robert Creager, Retained; Courtroom Deputy: Colleen Beran; Court Reporter: digital. Time Commenced: 12:08 p.m.Time Concluded: 12:34 p.m.Interpreter Used: no.THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (CCB, ) (Entered: 12/09/2005)
12/09/2005212 NOTICE of right to appeal in criminal cases and counsel's acknowledgment and receipt of the 8th Circuit's Rule 27C signed by Attorney Robert B. Creager and defendant Phillip Colley. (CCB ) (Entered: 12/09/2005)
12/12/2005213  MOTION for Downward Departure by Attorney Steven A. Russell as to defendant(s) Sherrie Busselman. (Russell, Steven) (Entered: 12/12/2005)
12/13/2005214 JUDGMENT as to Phillip Colley (4), Count(s) 1. Defendant pleaded guilty to Count I of the Indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 22 months and 12 days; 3 years Supervised Release with Special Conditions. Supervised release to run concurrent with Case No. 4:03CR3086; $100 Special Assessment; Restitution in the amount of $250,000.00; Count(s) 10-16, 17, 2-8, 9, Dismissed on the motion of the United States as to defendant(s) Phillip Colley. 4 Certified Copies to USM. Signed by Judge Richard G. Kopf on 12/13/2005. (GJG, ) (Entered: 12/13/2005)
12/15/2005218 Minute Entry for sentencing proceedings held before Judge Richard G. Kopf in Lincoln on 12/15/05 as to defendant Sherrie Busselman. Courtgranting 213 Government's Motion for Downward Departure as to Sherrie Busselman (6). Plea agreement is accepted. On plea of guilty to Counts I through III of the Information,it is ordered that the defendant is sentenced to the custody of the Bureau of Prisons for a term of Time Served, followed by 1 year of supervised release with special conditions, said term of supervised release to run concurrently. Defendant has paid the special assessment in the amount of $75.00. Defendant is to pay restitution in the amount of $250,000, jointly and severally. On motion of the government, the indictment as to this defendant is dismissed.Appearance for Plaintiff: Steven Russell; Defendant: Michael Hansen, FPD; Courtroom Deputy: Colleen Beran; Court Reporter: digital.Time Commenced: 12:45 p.m.Time Concluded: 1:01 p.m. Interpreter Used: no;THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (CCB ) (Entered: 12/15/2005)
12/15/2005219 NOTICE of right to appeal in criminal cases and counsel's acknowledgment and receipt of the 8th Circuit's Rule 27C signed by Attorney Michael Hansen and defendant Sherrie Busselman. (CCB) (Entered: 12/15/2005)
12/16/2005220 JUDGMENT as to Sherrie Busselman (6), Defendant pleaded guilty to Counts I, II and III of the Information and committed to the custody Bureau of Prisons for a period of Time Served; 1 year supervised release with special conditions; pay special assessment in the amount of $75.00 (this has been paid) and $250,000 restitution, to be paid jointly and severally with codefendants Phillip Colley, Vernon Strauch and Blanket Corporation. The indictment is dismissed on the motion of the United States as to this defendant only. Criminal Case Terminatedas to defendant Sherrie Busselman. Signed by Judge Richard G. Kopf on 12/16/2005. 4 certified copies to USM.(CCB ) (Entered: 12/16/2005)
01/09/2006222 RECEIPT AND ACKNOWLEDGMENT regarding terms of Supervised Release as to defendant(s) Sherrie Busselman. (GJG, ) (Entered: 01/09/2006)
01/26/2006223  MOTION to Return Evidence by Attorney Steven A. Russell as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. (Russell, Steven) (Entered: 01/26/2006)
01/31/2006224  MOTION That government store records until need and ownership determined by Attorney Bernard J. Glaser, Jr as to defendant(s) Vernon Strauch. (Glaser, Bernard) (Entered: 01/31/2006)
02/02/2006225 ORDER. I have considered the government's motion to return evidence 223 and the response of Vernon Strauch 224 . As a result, it is ordered that: (1) The motion to return evidence 223 is granted in part and denied in part, as provided herein. (2) The government shall maintain custody of the evidence until 180 days after Mr. Strauch is released from prison. At that point, the government may return the evidence to any person deemed appropriate by the government or it may destroy the evidence if it cannot determine the name of the proper party to whom the evidence should be returned. Signed by Judge Richard G. Kopf on 2/2/2006. (KLL, ) (Entered: 02/02/2006)
02/14/2006226  MOTION to postpone implementation of the restitution filed by Attorney Bernard J. Glaser, Jr as to defendant(s) Vernon Strauch. (Attachments: # 1 Transcript of Sentencing pages 1-43# 2 Transcript pages 44-49# 3 Notice(s) of Intent to offset)(GJG, ) (Entered: 02/15/2006)
02/15/2006227 ORDER denying 226 motion to postpone implementation of the restitution, as to Vernon Strauch. Signed by Judge Richard G. Kopf on 2/15/2006. (KLL, ) (Entered: 02/15/2006)
03/16/2006228  MOTION to Dismiss Count(s) by Attorney Steven A. Russell as to defendant(s) Independent Living Apartments, Stony Ridge Day Treatment. (Russell, Steven) (Entered: 03/16/2006)
03/17/2006229 ORDER - This matter is before the Court on plaintiff's motion for order of dismissal, filing No. 228 . Pursuant thereto, IT IS ORDERED plaintiff's motion is granted; all counts of the indictment are dismissed as to Independent Living Apartments, Inc. and Stony Ridge Day Treatment, Inc. Signed by Judge Richard G. Kopf on 3/17/2006. (GJG, ) (Entered: 03/17/2006)
03/20/2006230 Judgment Returned Executed as to defendant Phillip Colley (CJP) (Entered: 03/20/2006)
10/06/2006231 RECEIPT AND ACKNOWLEDGMENT of Conditions of Supervision as to defendant Phillip Colley. (JAR) (Entered: 10/06/2006)
11/21/2006232 RECEIPT AND ACKNOWLEDGMENT of receiving Standard Conditions and additional conditions of supervision, as to defendant Vernon Strauch. (JAE, ) (Entered: 11/21/2006)
12/01/2006233 MOTION (APPLICATION) to amend restitution order by Attorney William F. Davis on behalf of interested party Judy Chadwick regarding defendant Blanket Corporation. (DKM, ). Modified on 12/8/2006 to add additional attachment. THE PDF DOCUMENT FOR THE ADDITIONAL ATTACHMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (DKM, ). (Entered: 12/08/2006)
12/14/2006234 ORDER MODIFYING Judgment, 190 as to defendant(s) Blanket Corporation. Ordered by Judge Richard G. Kopf. Copy to the Financial Department.(GJG, ) (Entered: 12/15/2006)
02/14/2007235 ORDER regarding government's exhibits in this case are to be returned to the United States attorney for appropriate disposition regarding hearings held on 12/19/03, 3/9/04, and 2/23/05 as to defendant Phillip Colley. Ordered by Judge Richard G. Kopf.(CCB) (Entered: 02/14/2007)
02/14/2007236 ORDER - Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), counsel for defendants, Vernon Strauch, shall either 1) withdraw the following exhibits previously submitted in this matter within 10 business days of the date of this order, or 2) show cause why the exhibits should not be destroyed, as to defendant Vernon Strauch. Ordered by Judge Richard G. Kopf.(CS, ) (Entered: 02/14/2007)
02/15/2007237 RECEIPT for Government's Exhibits as to defendant Phillip Colley. (JAR) (Entered: 02/16/2007)
03/05/2007  TEXT ENTRY THAT DEFENDANT'S EXHIBITS destroyed on 3/5/2007 by Clerk of Court as to defendant Vernon Strauch. (JAR) (Entered: 03/05/2007)
07/02/2007238  MOTION to Destroy or Otherwise Dispose of Exhibits by Attorney Steven A. Russell as to defendant(s) Phillip Colley. (Russell, Steven) (Entered: 07/02/2007)
07/17/2007239 ORDER granting 238 motion to destroy or otherwise dispose of exhibits, as to Phillip Colley. Ordered by Judge Richard G. Kopf.(KLL, ) (Entered: 07/17/2007)
08/08/2008240 ORDER that the clerk is authorized to have disbursed the three restitution checks at issue here from Unclaimed Fund 613300 as to defendants Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. Ordered by Chief Judge Joseph F. Bataillon. (ADB ) (Entered: 08/11/2008)
07/13/2009241 CONSENT AND ORDER regarding modifying conditions of supervision as to defendant Phillip Colley. ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT Ordered by Judge Richard G. Kopf. (JAB) (Entered: 07/13/2009)