ECF

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:09-cr-01058-VM-1


Case title: USA v. Rubin/Chambers, Dunhill Insurance Services, Inc. et al

Date Filed: 10/29/2009


Movant
Investment Management Advisory Group, Inc. represented byAbigail Delette Lauer
Saul Ewing, LLP(Newark)
One Riverfront Plaza
Newark, NJ 07102-5490
(973) 286-6700
Fax: (973) 286-6899
Email: alauer@saul.com
ATTORNEY TO BE NOTICED

Christopher R. Hall
Saul Ewing LLP (PA)
1500 Market Street
38th Floor
Philadelphia, PA 19102
(215) 972-7180
Fax: (215) 972-1917
Email: chall@saul.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Fred F. Fielding
Morgan, Lewis & Bockius LLP
1111 Pennsylvania Avenue, NW
Washington, DC 20004
(202) 739-3000
Fax: (202) 739-3001
PRO HAC VICE
ATTORNEY TO BE NOTICED

Jennifer L. Beidel
Saul Ewing LLP (PA)
1500 Market Street
38th Floor
Philadelphia, PA 19102
(215) 972-7850
Fax: (215) 972-1843
Email: jbeidel@saul.com
PRO HAC VICE
ATTORNEY TO BE NOTICED


Movant
David Eckhart represented byAbigail Delette Lauer
(See above for address)
ATTORNEY TO BE NOTICED

Christopher R. Hall
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

Fred F. Fielding
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

Jennifer L. Beidel
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED


Movant
Martin J. Stallone represented byAlfred J. Kuffler
Montgomery, McCracken, Walker & Rhoads, LLP (PA)
123 South Broad Street
Philadelphia, PA 19109
215-772-1500
Fax: 215-772-7260
Email: akuffler@mmwr.com

Fred F. Fielding
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

Lathrop B. Nelson , III
Montgomery, McCracken, Walker & Rhoads, LLP (PA)
123 South Broad Street
Philadelphia, PA 19109
(215) 772-7473
Fax: (212) 831-3708
Email: lnelson@mmwr.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Richard L. Scheff
Montgomery, McCracken, Walker & Rhoads
123 South Broad Street
Philadelphia, PA 19109
(215)-772-7502
Fax: (215) 731-3922
Email: rscheff@mmwr.com
ATTORNEY TO BE NOTICED
Designation: Retained

Assigned to: Judge Victor Marrero

Defendant (1)
Rubin/Chambers, Dunhill Insurance Services, Inc. represented byJoseph Walker
Howrey LLP (DC)
1299 Pennsylvania Avenue, N.W.
Washington, DC 20004
(202) 783-0800 x383-6585
Fax: (202) 383-6610
Email: walkerjoseph@howrey.com
TERMINATED: 04/11/2011
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Richard William Beckler
Howrey LLP (DC)
1299 Pennsylvania Avenue, N.W.
Washington, DC 20004
(202)-383-6673
Fax: (202)-383-6610
Email: richard.beckler@bgllp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Adam Stewart Katz
Simon & Partners, LLP
551 Fifth Avenue
New York, NY 10176
(212)-332-8906
Fax: (212)-332-8909
Email: akatz@simonlawyers.com
ATTORNEY TO BE NOTICED

Bradley Drew Simon
Simon & Partners LLP
30 Rockefeller Plaza -- 42 Floor
New York, NY 10112
(212) 332-8900
Fax: (212) 332-8909
Email: bradsimon@simonlawyers.com
ATTORNEY TO BE NOTICED

Robert H. Cox
Howrey LLP (DC)
1299 Pennsylvania Avenue, N.W.
Washington, DC 20004
(202) 783-0800
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
15:1.F ANTITRUST VIOLATIONS (CONSPIRACY TO RESTRAIN TRADE)
(1)
15:1.F ANTITRUST VIOLATIONS (CONSPIRACY TO RESTRAIN TRADE)
(1s)
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(2-3)
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(2s)
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(3s)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION
(4-6)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION
(4s-5s)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION
(6s)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byRebecca Meiklejohn
U.S. Department of Justice, Antitrust Division (NY)
26 Federal Plaza, Room 3630
New York, NY 10278
212-264-0654
Fax: 212-264-0678
Email: rebecca.meiklejohn@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Steven Tugander
U.S. Department of Justice, Antitrust Division (NY)
26 Federal Plaza, Room 3630
New York, NY 10278
212-264-0658
Fax: (212) 264-0678
Email: steven.tugander@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Charles Vincent Reilly
US Dept. of Justice, (NY, 26 Fed. Pl)
26 Federal Plaza,
RM 351
NY, NY 10278
(212) 264-0665
Fax: (212)264-0678
Email: charles.reilly@usdoj.gov
ATTORNEY TO BE NOTICED

Eric C. Hoffmann
Antitrust Division, Department of Justice
26 Federal Plaza, Room 3630
New York, NY 11278
(212)-335-8022
Fax: (212)-335-8021
Email: eric.hoffmann@usdoj.gov
ATTORNEY TO BE NOTICED

Kevin Bradford Hart
U.S. Dept. of Justice
Antritrust Division
26 Federal Plaza
Room 3630
New York, NY 10278
(212) 264-0652
Fax: (212) 264-0678
Email: kevin.hart@usdoj.gov
ATTORNEY TO BE NOTICED

Lucy Pepe McClain
U.S. Department of Justice, Antitrust Division
Suite 650 West, Curtis Center, 7th & Walnut Streets
Philadelphia, PA 19106
(215)-597-1131
Fax: (215)-597-8838
Email: lucy.mcclain@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/29/2009 INDICTMENT FILED as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1) count(s) 1, 2-3, 4-6, David Rubin (2) count(s) 1, 2-3, 4-6, 8, 9, Zevi Wolmark (3) count(s) 1, 2-3, 4-6, 8, Evan Andrew Zarefsky (4) count(s) 1, 2-3, 4-6, 7, 8. (jm) (Entered: 10/29/2009)
10/29/2009  Case Designated ECF as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (jm) (Entered: 10/29/2009)
11/12/2009ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. The Government (see attached letter) requests that the initial conference in this matter take place at 10:30 a.m. on December 4, 2009. The parties consent to exclusion of time from Speedy Trial Act calculations from November 12, 2009, through December 4, 2009. It is hereby ordered that the adjourned time shall be excluded from the speedy trial calculations. This order of exclusion of time is made pursuant to 18 U.S.C. Sections 3161(h)(7)(A). So Ordered. (Signed by Judge Victor Marrero on 11/12/09)(bw) (Entered: 11/13/2009)
12/01/200917 NOTICE OF ATTORNEY APPEARANCE: Richard William Beckler appearing for Rubin/Chambers, Dunhill Insurance Services, Inc.. (Beckler, Richard) (Entered: 12/01/2009)
12/04/2009  Minute Entry for proceedings held before Judge Victor Marrero: Status Conference as to Rubin/Chambers, Dunhill Insurance Services, Inc., Zevi Wolmark, Evan Andrew Zarefsky held on 12/4/2009. Defendant Rubin/Chambers, Dunhill Insurance Services was represented at the conference by Richard Beckler. Defendant Evan Zarefsky present, represented by counsel Daniel Zelenko, Jeffrey Rutherford. Defendant David Rubin not present, represented by counsel Richard Beckler, Donald Etra. Defendant Zevi Wolmark present, represented by Steven Goldschmidt and Michael McGovern. United States Department of Justice, Antitrust Criminal Division, appeared for the Government, represented by Rebecca Meiklejohn, Kevin Hart, Steven Tugander, Michelle Rindone and John Van Lonkhuyzen. Court reporter present. Court sets December 18, 2009 as date by which meet and confer regarding protective order for third parties to occur. Parties to confer to schedule a Curcio hearing regarding Mr. Beckler's representation of CDR and David Rubin. Government to produce defendants' statements that do not require redacting or other protective orders by December 18, 2009, and to produce the remainder by January 6, 2010; to produce bill of particulars by January 15, 2010; to produce a list of what is in the bill of particulars and the search warrant by December 18, 2009; and to produce non-bill-of-particulars transcript of calls by February 1, 2010. Next conference scheduled for January 22, 2010 at 1 p.m. On the Government's motion, and with no objection from defendant, the Court excluded Speedy Trial time until January 22, 2010, in the interests of justice. (jw); Modified on 12/9/2009 (bw). (Entered: 12/04/2009)
12/04/2009  ORAL ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Time excluded from 12/4/2009 until 1/22/2010. Status Conference set for 1/22/2010 at 01:00 PM before Judge Victor Marrero. (bw) (Entered: 12/09/2009)
12/04/2009  Minute Entry for proceedings held before Judge Victor Marrero: Initial Appearance as to Rubin/Chambers, Dunhill Insurance Services, Inc. held on 12/4/2009. Defendant Rubin/Chambers, Dunhill Insurance Services was represented at the conference by Richard Beckler. United States Department of Justice, Antitrust Criminal Division, appeared for the Government, represented by Rebecca Meiklejohn, Kevin Hart, Steven Tugander, Michelle Rindone and John Van Lonkhuyzen. Court reporter present. Court sets December 18, 2009 as date by which meet and confer regarding protective order for third parties to occur. Parties to confer to schedule a Curcio hearing regarding Mr. Beckler's representation of CDR and David Rubin. (dnd) (Entered: 08/02/2011)
12/11/200918 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc. Upon the motion of Richard W. Beckler attorney for defendant CDR Financial Products,Inc. and said sponsor attorney's affidavit in support; IT IS HEREBY ORDERED that Joseph WalkerPartner Howrey LLP, 1299 Pennsylvania Avenue, N.W. Washington, D.C. 20004. Telephone: 202-383-6566, Fax: 202-383-6610, WalkerJ@howrey.com is admitted to practice pro hac vice as counsel for in the above captioned case in the UnitedStates District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. If this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall forward the prohac vice fee to the Clerk of Court. SO ORDERED. (Signed by Judge Victor Marrero on 12/11/2009)(dnd) (Entered: 12/11/2009)
12/11/200919 ENDORSED LETTER: As to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Rebecca Meiklejohn dated 12/11/2009. re: I write to seek instruction regarding the Court's practice regarding the Bill of Particulars ("'the Bill") that will be provided to defendants by December 18, 2009. First, does the Court prefer that the Bill be prepared as a pleading or in letter format? Second, does the Court want the government to provide chambers with a copy of the Bill? Finally, does the Court want the government to file the Bill in the clerk's office? ENDORSEMENT: The Bill of Particulars may be prepared in any format the government generally uses or deems appropriate to the circumstances. The Government need not provide Chambers with a copy unless a dispute concerning it arises. The document does not have to be filed with the clerk's office. SO ORDERED. (Signed by Judge Victor Marrero on 12/11/2009)(dnd) (Entered: 12/11/2009)
12/11/200920  MOTION for Joseph Walker to Appear Pro Hac ViceDocument filed by Rubin/Chambers, Dunhill Insurance Services, Inc. (jw) (Entered: 12/15/2009)
12/17/200921 ORDER granting 20 Motion for Joseph Walker to Appear Pro Hac Vice as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1). IT IS HEREBY ORDERED that Joseph Walker Partner, Howrey LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004, Telephone: 202-383-6566, Fax: 202-383-6610, WalkerJ@howrey.com is admitted to practice pro hac vice as counsel for in the above captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Victor Marrero on 12/16/09) (jw) (Entered: 12/17/2009)
12/17/2009  Attorney update in case as to Rubin/Chambers, Dunhill Insurance Services, Inc.. Attorney Joseph Walker for Rubin/Chambers, Dunhill Insurance Services, Inc. added. (jw) (Entered: 12/17/2009)
12/23/2009  CASHIERS OFFICE REMARK as to Rubin/Chambers, Dunhill Insurance Services, Inc. on 20 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 12/11/2009, Receipt Number 708211. (jd) (Entered: 12/23/2009)
01/04/201022 TRANSCRIPT of Proceedings as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky held on December 4, 2009 before Judge Victor Marrero. (mro) (Entered: 01/06/2010)
01/12/201023 PROTECTIVE ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky.... ORDERED that: 1) This Protective Order, entered pursuant to Rulles 16(d) and 57 of the FRCrP, applies to discovery materials produced in this matter; 2) Dfts and Dfts' counsel, upon receiving the Protected Materials, may not disclose or disseminate the Protected Materials or any information taken from the Protected Materials...; 3) Any third party or its counsel to whom disclosure or dissemination is made pursuant to this Order may not further disclose or disseminate the Protected Materials...; 4) If dfts or dfts' counsel disclose or disseminate any Protected Materials... counsel shall obtain from one representative of each such third party the statement written herein... 5) Dfts and Dfts' counsel shall store all Protected Materials in secure place...; 6) Unless otherwise required by law, if dfts or dfts' counsel, or a third party or its counsel, has obtained Protected Materials pursuant to this Protective Order.... shall promptly notify the original source party of the Protected Materials at least fourteen (14) days before disclosure....; 7) Upon completion of the case, dfts and dfts' counsel, and members of the defense team.... upon request of the Gov't, return all such materials in their possession or control....; and 8) Nothing in this Protective Order shall preclude any interested party from filing a motion seeking a modification of the Protective Order. SO ORDERED. (Signed by Judge Victor Marrero on 1/12/2010)(ja) (Entered: 01/12/2010)
01/21/201024  MOTION for Richard W. Beckler to Withdraw as Attorney. Document filed by David Rubin as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Beckler, Richard) (Entered: 01/21/2010)
01/22/201025 AMENDED MOTION for Richard W. Beckler to Withdraw as Attorney. Document filed by David Rubin as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Beckler, Richard) (Entered: 01/22/2010)
02/11/201028 ENDORSED LETTER: As to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Michael G. Mc Govern dated 2/10/2010. The defendants respectfully submit this letter to request that the Court schedule a conference in this case at the earliest date convenient to the Court. The next conference in this matter is not scheduled to occur until March 26, 2010; however, at the government's urging, the trial of this matter has been set to begin approximately one year from today. For the reasons shown below, we believe that an immediate conference is necessary to address a fundamental divide that we now know to exist between what the government previously told the Court regarding the nature and content of the discovery in this case and the far different statements the government has made to defense counsel within the last 48 hours. ENDORSEMENT: The government is directed to respond by 2/19/2010, by letter not to exceed 5 pages to the matters set forth above by the defendant's letter. SO ORDERED. (Signed by Judge Victor Marrero on 2/11/2010)(dnd) (Entered: 02/11/2010)
02/23/201029 ENDORSED LETTER: As to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Rebecca Meiklejohn dated 2/17/2010. re: I write in response to defendants' February 10, 2010 request for an immediate conference regarding discovery in this matter. The Government believes that defendants' request is premature and that no additional conference is needed sooner than the conference already scheduled for March 26, 2010. Nevertheless, the Government is, of course, available for any conference the Court believes is warranted in this matter... ENDORSEMENT: The Clerk of the Court is directed to enter into the public record of this action the letter above from the Government, together with the accompanying exhibits. SO ORDERED. (Signed by Judge Victor Marrero on 2/23/2010)(dnd) (Entered: 02/23/2010)
02/23/201030 ENDORSED LETTER: As to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Michael G. Mc Govern dated 2/19/2010. re: The purpose of this brief letter is not to respond to the numerous mischaracterizations and unfounded assertions in the government's letter of February 17, 2010, as we again respectfully submit that a conference with the Court, as opposed to an extended string of letters, is a better method by which to address these difficult and pressing issues... ENDORSEMENT: The Clerk of the Court is directed to enter into the public record of this action the letter from the defense counsel. SO ORDERED. (Signed by Judge Victor Marrero on 2/23/2010)(dnd) (Entered: 02/23/2010)
02/23/201031 ENDORSED LETTER: As to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Michael G. Mc Govern dated 2/10/2010. re: The defendants respectfully submit this letter to request that the Court schedule a conference in this case at the earliest date convenient to the Court. We appreciate the Court's immediate attention to these pressing issues, and we will make ourselves available for a conference at the Court's earliest convenience. ENDORSEMENT: The Clerk of the Court is directed to enter into the public record of this action the letter above from the defense counsel together with accompanying exhibits.SO ORDERED. (Signed by Judge Victor Marrero on 2/23/2010)(dnd) (Entered: 02/23/2010)
02/23/201035 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc. addressed to Judge Marrero from Rebecca Meiklejohn dated 2/17/2010 re: I write in response to defendants February 10, 2010 request for an immediate conference regarding discovery in this matter. The Government believes that defendants request is premature and that no additional conference is needed sooner than the conference already scheduled for March 26, 2010...ENDORSEMENT...The Clerk of Court is directed to enter into the public record of this action. The letter above from the Government, together with the accompanying exhibits. SO ORDERED. (Signed by Judge Victor Marrero on 2/23/2010)(jw) (Entered: 03/02/2010)
03/01/201033 TRANSCRIPT of Proceedings as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky held on February 23, 2010 1:30 p.m. before Judge Victor Marrero. (ajc) (Entered: 03/02/2010)
03/01/201036 TRANSCRIPT of Proceedings as to Rubin/Chambers, Dunhill Insurance Services, Inc. held on February 23, 2010 before Judge Victor Marrero. (djc) (Entered: 03/05/2010)
03/08/201037 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Marrero from Attorney Joseph Walker, Counsel for CDR, dated March 5, 2010 re: The defendants submit this letter to advise the Court of their belief that the contents of Exhibit C to the February 17, 2010 Letter to the Court from Rebecca Meiklejohn (Dkt. 31), which were produced to the defendants as part of discovery in this matter, are "Protected Materials" as defined in the Protective Order issued by the Court on January 12, 2010. We have conferred with the government and it concurs with defendants. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above from the defendants with the concurrence of the Government. So Ordered: (Signed by Judge Victor Marrero on 3/5/2010)(bw) (Entered: 03/08/2010)
03/10/201038 TRANSCRIPT of Proceedings as to Rubin/Chambers, Dunhill Insurance Services, Inc. held on February 23, 2010 1:30 p.m. before Judge Victor Marrero. (ajc) (Entered: 03/12/2010)
03/16/201039 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc. addressed to Judge Marrero from Joseph Walker dated 3/4/2010 re: The defendants respectfully submit this letter to update the Court on the recent discussions between the parties and to again request that the Court schedule an in-person status conference at the Court's earliest convenience. For the reasons shown below, the Court's immediate intervention is necessary because the government's continuing recalcitrance in acknowledging and discharging its discovery obligations in this case is immediately and substantially impairing the defendants' ability to prepare for trial which at the government's request - is scheduled to occur approximately 11 months from now...ENDORSEMENT...The Clerk of Court is directed to enter into the public record of this action the letter and accompanying exhibits submitted to the Court and the defendants herein. SO ORDERED. (Signed by Judge Victor Marrero on 3/15/2010)(jw) (Entered: 03/16/2010)
03/16/201040 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Joseph Walker dated 3/15/2010. As the Court is well aware, Defendants have grown increasingly concerned about, among other things, the burden imposed on them by the extraordinary size and the defective state of the electronic materials produced to date: by the Government in this case. See February 10, 2010 Letter to the Han. Victor Marrero from Michael G. McGovern (Dkt. 28); February 19, 2010 Letter to the Hon. Victor Marrero from Michael G. McGovern (Dkt 30)... ENDORSEMENT: The Clerk of the court is directed to enter into public record of this action the letter and attached declaration submitted to the Court by the defendant. SO ORDERED. (Signed by Judge Victor Marrero on 3/15/2010)(dnd) (Entered: 03/16/2010)
03/16/201041 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Rebecca Meiklejohn dated 3/9/2010. re: I write in response to the March 4, 2010 letter from Joseph Walker, counsel for CDR, requesting a conference in this matter. The Government is prepared to discuss the issues raised in that letter but, in an effort to make any appearance before the Court as productive as possible... The Government suggests that the parties continue to work to resolve any technical issues associated with the discovery materials and that they report to the Court on March 26, as presently scheduled. At that time, the Court can set a briefing schedule for those issues on which the parties cannot agree, as well as a schedule for any motions addressed to the Indictment. ENDORSEMENT:The Clerk of the court is directed to enter into the public record of this action the letter above submitted to the court by the government. SO ORDERED. (Signed by Judge Victor Marrero on 3/15/2010)(dnd) (Entered: 03/16/2010)
03/19/201042 SEALED DOCUMENT placed in vault. (nm) (Entered: 03/19/2010)
03/23/201043 NOTICE OF ATTORNEY APPEARANCE Rebecca Meiklejohn appearing for USA. (Meiklejohn, Rebecca) (Entered: 03/23/2010)
03/24/201044 JOINT MOTION for Bill of Particulars. Document filed by Zevi Wolmark as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Attachments: # 1 Notice of Motion, # 2 Text of Proposed Order)(McGovern, Michael) (Entered: 03/24/2010)
03/24/201045 MEMORANDUM in Support by Zevi Wolmark as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 44 JOINT MOTION for Bill of Particulars.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, Part 1 of 2, # 4 Exhibit C, Part 2 of 2, # 5 Exhibit D)(McGovern, Michael) (Entered: 03/24/2010)
03/24/201046 DECLARATION of Michael G. McGovern in Support by Zevi Wolmark as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 44 JOINT MOTION for Bill of Particulars.. (McGovern, Michael) (Entered: 03/24/2010)
03/25/201048 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Michael M. McGovern dated 3/25/2010. We are writing respectfully to request that a portion of an exhibit that was filed inadvertently with Defendants' Joint Motion for Immediate and Preliminary Relief in the Form of a Bill of Particulars be removed from the record. In particular, we request that the Clerk remove pages 22-24 of Exhibit B (Docket No 45-2) to Defendants' Memorandum of Law in Support of Defendants' Joint Motion for Immediate and Preliminary Relief in the Form of a Bill of Particulars from the docket as filed in error. Alternatively, we ask that the Court enter an order for the Clerk to strike the entire document in which those pages appear (Docket No. 45-2). If the Court prefers to strike Exhibit B in total, Defendants will promptly refile the correct Exhibit B. ENDORSEMENT: Request Granted. The Clerk of the court is directed to strike the document that appears as Exhibit B in Docket No. 45-2 of this action. Defendant's may file a corrected version of the Exhibit. (Signed by Judge Victor Marrero on 3/25/2010)(dnd) (Entered: 03/25/2010)
03/26/201049 NOTICE of Corrected Exhibit B to Doc Id # 45 as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 45 Memorandum in Support of Motion,. (McGovern, Michael) (Entered: 03/26/2010)
04/14/201050 TRANSCRIPT of Proceedings as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky held on March 26, 2010 12:35 p.m. before Judge Victor Marrero. (ajc) (Entered: 04/14/2010)
04/29/201052 MOTION for Lisa K. Hsiao to Appear Pro Hac Vice. Document filed by Attorney Richard W. Beckler for defendant Rubin/Chambers, Dunhill Insurance Services, Inc., dated April 28, 2010. (bw) (Entered: 05/07/2010)
05/07/2010  CASHIERS OFFICE REMARK as to Rubin/Chambers, Dunhill Insurance Services, Inc. on 52 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 04/29/2010, Receipt Number 902284. (jd) (Entered: 05/07/2010)
05/10/201053 ORDER granting 52 Motion for Lisa K. Hsiao to Appear Pro Hac Vice as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1). (Signed by Judge Victor Marrero on 5/10/2010) (dnd) (Entered: 05/10/2010)
05/27/201054 TRANSCRIPT of Proceedings as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky held on May 14, 2010 12:43 p.m. before Judge Victor Marrero. (ajc) (Entered: 05/28/2010)
06/02/201055 TRANSCRIPT of Proceedings as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky held on 6/2/2010 before Judge Victor Marrero. (tro) (Entered: 06/03/2010)
08/12/201058 TRANSCRIPT of Proceedings as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky held on July 30, 2010 at 12:00 pm before Judge Victor Marrero. (eef) (Entered: 08/13/2010)
08/13/201057 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Jeffrey H. Rutherford dated 8/12/2010 re: The parties write to submit the final scheduling order based on the Court's rulings during the hearing held on 7/30/2010 (See Letter). ENDORSED: SO ORDERED. (Signed by Judge Victor Marrero on 8/12/2010)(ab) (Entered: 08/13/2010)
09/07/201060 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc. addressed to Judge Marrero from Rebecca Meiklejohn dated 8/25/2010 re: Pursuant to the Court's direction at the pretrial conference on July 30, 2010, the government submits this letter to summarize its efforts to fulfill its obligations under Brady v. Maryland, 373 U.S. 83 (1963), specifically with regard to potentially exculpatory materials that might reasonably be expected to be in the possession of certain regulatory agencies that have looked into some or all of the same conduct at issue in this criminal prosecution. If the Court requires additional information concerning the government's past and ongoing efforts to fulfill its Brady obligations, I can be reached at 212-264-0654..ENDORSEMENT...The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. SO ORDERED.. (Signed by Judge Victor Marrero on 9/7/2010)(jw) (Entered: 09/07/2010)
09/13/201061 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Daniel L. Zelenko dated 9/13/2010 re: submit this letter in accordance with the Court's Scheduling Order, dated 8/12/2010, which sets today, 9/13/2010, as the deadline for Defendants to file any discovery-related motions that have accrued to date. ENDORSEMENT: The Government is directed to respond by 9/17/2010 to the matters set forth above by defendants, elaborating in more specific detail the steps it is taking to comply with the letter and spirit of the Court's directive at the 7/30/2010 conference, and the communications its undertaking by the Government at that time in this regard. (Signed by Judge Victor Marrero on 9/13/2010)(jar) (Entered: 09/17/2010)
09/17/201062 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Rebecca Meiklejohn dated 9/17/2010 re: Counsel writes pursuant to the Court's direction on 9/13/2010, I write to supplement the information set out in the government's 8/25/2010 letter to the Court regarding its efforts to comply with its obligations under Brady v. Marvland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S, 150 (1972). ENDORSED: The Clerk of the Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. SO ORDERED. (Signed by Judge Victor Marrero on 9/17/2010)(ab) (Entered: 09/17/2010)
09/21/201063 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc. addressed to Judge Marrero from Michael G. McGovern dated 9/20/2010 re: Request that the Court modify his bail conditions to the limited extent of lifting the condition that he post the family home as security for his PRB, we are writing to answer the specific question that the Court posted to us during the September 14, 2010 telephone conference. During the conference, the Court inquired whether, should the Court agree to lift the subject bail condition only for a limited period of time (such as 90 days)...ENDORSEMENT...Required Denied. The Court is not persuaded that a modification of defendant Stewart Wolmark's bail conditions to remove the condition of the posting, of his home as security is warranted. The defendant may reapply for a temporary lifting of the condition for the most limited time, by necessary at a point at which the processing of the refinancing demands such relief. SO ORDERED. (Signed by Judge Victor Marrero on 9/21/2010)(jw) (Entered: 09/21/2010)
10/28/201064 NOTICE OF ATTORNEY APPEARANCE Lucy Pepe McClain appearing for USA. (McClain, Lucy) (Entered: 10/28/2010)
11/17/201066 TRANSCRIPT of Proceedings as to Rubin/Chambers, Dunhill Insurance Services, Inc. held on 11/12/2010 @ 1:30 pm before Judge Victor Marrero. (eef) (Entered: 11/18/2010)
12/07/201067 (S1) SUPERSEDING INDICTMENT FILED as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1) count(s) 1s, 2s-3s, 4s-6s, David Rubin (2) count(s) 1s, 2s-3s, 4s-6s, 8s, 9s, Zevi Wolmark (3) count(s) 1s, 2s-3s, 4s-6s, 8s, Evan Andrew Zarefsky (4) count(s) 1s, 2s-3s, 4s-6s, 7s, 8s. (jm) (Entered: 12/07/2010)
12/07/201068 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Rebecca Meiklejohn dated 12/7/2010 re: Counsel writes to submit a courtesy copy of the superseding indictment, which was filed today. ENDORSED: Defendants are directed to respond by 12/15/2010 by consolidated response not to exceed 5 pages, to the matter set forth by the government above. SO ORDERED. (Signed by Judge Victor Marrero on 12/7/2010)(ab) (Entered: 12/07/2010)
12/10/201072 NOTICE OF ATTORNEY APPEARANCE Kevin Bradford Hart appearing for USA. Notice of Appearance Kevin B. Hart (Hart, Kevin) (Entered: 12/10/2010)
12/15/201073 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Rebecca Meiklejohn dated 12/14/10 re: I write to formalize the government's request for the issuance of trial subpoenas that would be returnable substantially before trial. I first raised this issue at the most recent pretrial conference in this matter on November 12, 2010, where I asked whether the Court would authorize the government to issue trial subpoenas returnable substantially before trial for two, separate purposes. If the Court is willing to authorize these subpoenas, I will prepare the necessary documentation immediately and make the subpoenas returnable in 30 days(Defendant Replies due by 12/21/2010.)...ENDORSEMENT...Defendant's are directed to respond by 12/21/10 to the matter described above by the Government showing cause why the Government's request to serve the specified subpoena's should not be granted. SO ORDERED. (Signed by Judge Victor Marrero on 12/14/10)(jw) (Entered: 12/15/2010)
12/16/201080 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky, ADDRESSED TO Judge Marrero, FROM Michael G. McGovern, Esq., DATED 12/15/2010, RE: response to Ms. Meiklejohn's letter to the Court concerning the filing of superseding indictment, where Ms. Meiklejohn assures the Court that the changes between the original indictment and the Superseding Indictment are so "Minor" and "Minimal" that they "should have no effect on the trial management plan adopted by the Court.... "minor" or "minimal" changes to the scope of this case reflects a lack of candor with the Court and is a disregard for the Defendants right to a fair trial.... -- JUDGE ENDORSED: The Government is directed to respond by 12/21/2010, by letter, not to exceed 7 pages, to the matters set forth above by dfts, including the motion by dft David Rubin for a transfer venue for this case to the district of... California. SO ORDERED. ( Responses due by 12/21/2010) (Signed by Judge Victor Marrero on 12/15/2010)(ja) (Entered: 12/16/2010)
12/22/201082 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc. addressed to Judge Victor Marrero from Richard Beckler dated 12/21/2010. re: Counsel writes on behalfof defendnnt CDR Financial. Products, Inc. ("CDR") in response to the December 14, 2010 letter from Ms. Meiklejohn to the Court (the " Meiklejohn Letter"). Ms. Meiklejohn requests' a number of broad, non-specific. post-indictment "trial subpoenas" pursuant to Federal Rule of Criminal Procedure 17-including trial subpoenas inappropriately directed at a party. Because the Meiklejohn Letter makes it clear that the government intends to use the trial subpoenas to impermissibly discover unknown information in preparation for trial, contrary to well-established case law, the Court should deny the government's request. ENDORSEMENT: The Government is directed to reply by 12/29/2010 by letter not to exceed 3 pages, to the matter set above in defendant's response. SO ORDERED. (Signed by Judge Victor Marrero on 12/22/2010)(dnd) (Entered: 12/22/2010)
12/22/201083 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc. addressed to Judge Victor Marrero from Michael G. Mc Govern dated 12/21/2010. The Government is in receipt of Ms. Meiklejohn's letter of earlier this afternoon. While we will not attempt a complete response here, we must say that we were struck by the fact that, in the the one and-a-half pages she devotes to responding to our five-page letter to the Court of December 15, 2010, she rests her opposition to Defendants' requests for relief almost entirely on the argument that the changes to this case represented by the Superseding Indictment do not add significantly to the prosecution burden in trying this case... ENDORSEMENT: The matter of whether the Superseding Indictment may require any adjustments in the case management plan and trial may be addressed at the conference on 1/7/2011. SO ORDERED. (Signed by Judge Victor Marrero on 12/22/2010)(dnd) (Entered: 12/22/2010)
12/23/201084 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Attorney Jeffrey Rutherford, Counsel for defendant Evan Andrew Zarefsky, dated December 23, 2010 re: We are in receipt of the Court's order of December 22, 2010, granting Defendants' request to be heard in person on January 7, 2011, on the issues of whether adjustments to the existing case management schedule should be made in light of the changes to this case represented by the Superseding Indictment returned by the grand jury only two weeks ago.... we request that the Court adjourn the current motions deadline, without setting a new date, until such time as the Court identifies a more appropriate deadline that duly credits the developments of the last several weeks. ENDORSEMENT: Request GRANTED in part. The deadline for filing dispositive motions herein is extended to a date to be scheduled at the conference on 1-7-11. SO ORDERED. (Signed by Judge Victor Marrero on 12/23/2010)(bw) (Entered: 12/23/2010)
01/03/201189 DECISION AND ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 75 MOTION to Transfer Case, filed by David Rubin.... ORDER: For the reasons discussed above, it is hereby ORDERED that the motion to transfer of dft David Rubin (Docket No. 75) is DENIED; and further it is ORDERED that the application of dft Evan Andrew Zarefsky to dismiss Count Six of the Superseding Indictment as to Zarefsky is DENIED. SO ORDERED. (Signed by Judge Victor Marrero on 1/3/2011)(ja) (Entered: 01/04/2011)
01/06/201190 MOTION for Robert H. Cox to Appear Pro Hac Vice. Document filed by (09-Cr-1058-01) Rubin/Chambers, Dunhill Insurance Services, Inc., dated January 5, 2011. (bw) (Entered: 01/11/2011)
01/07/2011  Minute Entry for proceedings held before Judge Victor Marrero: Status Conference as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky held on 1/7/2011. Defendant Evan Zarefsky present, represented by counsel Daniel Zelenko, Jeffrey Rutherford. Defendant David Rubin present via telephone, represented by counsel Laura Hoguet. Counsel Richard Beckler appeared on behalf of defendant CDR. Defendant Zevi Wolmark present, represented by counsel Michael McGovern. United States Department of Justice, Antitrust Criminal Division, appeared for the Government, represented by Rebecca Meiklejohn, Kevin Hart, Steven Tugander. Court reporter present. The parties shall confer and endeavor to agree upon (1) either a new trial date, or a reduced scope for the current September 12, 2011 date; and (2) a new schedule for motions. The parties shall inform the Court of their progress by January 21, 2011. The deadline for the Government to produce its list of preliminary trial exhibits is extended by one week. Time remains excluded through September 12, 2011, in the interests of justice. (bw) (Entered: 01/10/2011)
01/07/2011  ORAL ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Time excluded from 1/7/2011 until 9/12/2011. (bw) (Entered: 01/10/2011)
01/07/2011  Minute Entry for proceedings held before Magistrate Judge James C. Francis:Arraignment as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1) held on 1/7/2011. Defendant present with attorney Richard Beckler. AUSA Rebecca Meiklejohn present. (ab) (Entered: 01/11/2011)
01/11/201191 ORDER granting 90 Motion for Robert H. Cox to Appear Pro Hac Vice as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1). SO ORDERED. (Signed by Judge Victor Marrero on 1/11/11) (jw) (Entered: 01/11/2011)
01/11/2011  Attorney update in case as to Rubin/Chambers, Dunhill Insurance Services, Inc. Attorney Robert H. Cox for Rubin/Chambers, Dunhill Insurance Services, Inc. added. (jw) (Entered: 01/11/2011)
01/11/2011  CASHIERS OFFICE REMARK as to Rubin/Chambers, Dunhill Insurance Services, Inc. on 90 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 01/06/2011, Receipt Number 925379. (jd) (Entered: 01/11/2011)
01/19/201195 TRANSCRIPT of Proceedings as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky held on 1/7/11 before Judge Victor Marrero. (pl) (Entered: 01/25/2011)
01/20/201192 TRANSCRIPT of Proceedings as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky held on 1/7/11, 1:30 p.m. before Judge Victor Marrero. (rjm) (Entered: 01/20/2011)
01/24/201193 ENDORSED LETTER as to (S1-09-Cr-1058-) Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Rebecca Meiklejohn, of Antitrust Division, New York Field Office, U.S. Department of Justice, dated January 21, 2011 re: Pursuant to the Court's instruction at the pretrial conference on January 7, 2011, the government respectfully submits this letter to report on its recent discussions with defense counsel regarding the timing and scope of the trial of this matter....In summary, despite out best efforts, the meeting with defense counsel was not able to resolve the parties' differences about the scope of evidence that the government should be permitted to offer at the trial of this matter. The government remains ready to commence trial on September 12, 2011 or any date thereafter that the Court identifies, but requests that trial commence no later than December 5, 2011, with the jury selected some time in November. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. SO ORDERED. (Signed by Judge Victor Marrero on 1/21/2011)(bw) (Entered: 01/24/2011)
01/24/201194 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Attorney Richard W. Beckler dated January 21, 2010 re: I write on behalf of the defendants in the above captioned action. We understand that the government intends to send the Court a letter regarding scheduling later this afternoon, as the Court directed during our status conference on January 7. We intend to respond to that letter, but would appreciate the chance to review it and to speak to our clients over the weekend. Therefore, we request that the Court grant defendants until 5:00 p.m. Tuesday, January 25, to respond to the government's letter before it sets a trial date for this action. ENDORSEMENT: Request GRANTED. The time for defendants to respond to the Government's letter dated 1-21-11 concerning the trial schedule herein is extended to 1-25-11. SO ORDERED. (Signed by Judge Victor Marrero on 1/21/2011)(bw) (Entered: 01/24/2011)
01/26/201196 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Daniel L. Zelenko dated 1/25/2011. re: Defendants respectfully submit this response to the government's letter to the Court dated January 21, 2011, and in further support of Defendants' request that the Court adjourn the current trial schedule for a limited period of time sufficient to allow Defendants to prepare a defense to the government's ever-expanding theories of liability and case-in-chief evidence. Accordingly, Defendants respectfully request that the Court adjourn the current trial date to a date no earlier than April 30, 2012, and make corresponding adjustments to the other dates set forth in the case management schedule. To the extent that the Court is considering a dateearlier than April 30, 2012, Defendants additionally request a conference with the Court to address these issues. ENDORSEMENT: The Government is directed to respond by 1/28/20011, by letter not to exceed 4 pages, to the matters set forth by defendants above. The stay on the schedule for motions shall remain in effect pending the resolution of this issue. SO ORDERED. (Signed by Judge Victor Marrero on 1/25/2011)(dnd) (Entered: 01/26/2011)
02/02/201197 ENDORSED LETTER: As to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Rebecca Meiklejohn dated 1/28/2011. re: At the Court's request, the government respectfully submits this letter to respond to defendants' January 25, 2011 letter to the Court ("Jan. 25 Letter") regarding the timing and scope of the trial of this matter. In their letter, defendants claim that the government flouted both the instruction given by this Court at the January 7, 20 11 pretrial hearing and the spirit and substance of its order regarding the government's preliminary designation of trial exhibits. The government has done neither... In summary, the government believes that defendants' arguments for delaying this trial for more than seven months are baseless. It therefore requests that the Court schedule trial for either September 12, 2011 or as soon thereafter as possible, but not later than December 5, 2011. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. SO ORDERED. (Signed by Judge Victor Marrero on 2/1/2011)(dnd) (Entered: 02/02/2011)
02/02/201198 ENDORSED LETTER: As to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Daniel L. Zelenko dated 2/1/2011. re: Defendants write briefly to note a fact that the government has attempted to bury in footnote 2 of its reply letter of January 28, 2011... On a final note, as Defendants stated in their previous letter to the Court, this matter should not proceed to trial prior to April 30, 2012, and - under no circumstances - should this matter proceed to trial on December 5, 2011, given the many complications presented by commencing a trial in the holiday season (including problems with jury selection, interruption of the trial for the holidays, and forcing the Los Angeles-based defendants to be separated from their families during the holidays). ENDORSEMENT: The Clerk of the Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. SO ORDERED. (Signed by Judge Victor Marrero on 2/2/2011)(dnd) (Entered: 02/02/2011)
02/04/201199 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Rebecca Meiklejohn dated 2/3/2011 re: The Government writes to submit this letter to respond to defendant's 2/2/2011 letter to the Court. The fact that government witnesses are expected to testify about a handful of transactions where defendants attempted but failed to rig a bid has no bearing on the Court's decision when trial of this matter will commence. The government therefore respectfully reiterates its request that trial in this matter start in September, but no later than December. ENDORSED: The Clerk of the Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. (Signed by Judge Victor Marrero on 2/4/2011)(ab) (Entered: 02/04/2011)
02/07/2011100 TRANSCRIPT of Proceedings as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky held on January 7, 2011 before Magistrate Judge James C. Francis. (jab) (Entered: 02/07/2011)
02/10/2011102 ORDER: As to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Counsel for all parties are advised that the trial of this matter, currently scheduled to begin on September 12, 2011, isadjourned to January 9, 2012 at 9:00 a.m. Jury selection will commence the week prior, on January 3, 2012 at 9:30 a.m. The parties are directed to confer and submit to the Court an amended Case Management Plan, February 16, 2011. SO ORDERED. (Signed by Judge Victor Marrero on 2/9/2011)(dnd) (Entered: 02/10/2011)
02/17/2011104 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Daniel L. Zelenko dated 2/16/2011. re: Final Scheduling order as follows. ENDORSEMENT: So Ordered. Defendants' Rule 12 motions due by 5/9/2011, motions in limine due by 10/11/11, see document for other deadlines. Jury selection 1/3/12 and trial set for 1/9/12. (Signed by Judge Victor Marrero on 2/17/2011)(dnd) (Entered: 03/08/2011)
03/01/2011103 TRANSCRIPT of Proceedings as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky held on 2/9/2011 before Judge Victor Marrero. (mbe) (Entered: 03/01/2011)
03/15/2011106 NOTICE of of Withdrawal of Appearance - Robert H. Cox as to Rubin/Chambers, Dunhill Insurance Services, Inc. (Beckler, Richard) (Entered: 03/15/2011)
03/31/2011109 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Hoguet Newman Regal & Kenney, LLP to Withdraw as Attorney. Document filed by David Rubin as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Attachments: # 1 Affidavit Declaration of John J. Kenney)(Skirrow, Juan) Modified on 4/1/2011 (ka). (Entered: 03/31/2011)
04/01/2011  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Juan Alden Skirrow as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky: to RE-FILE Document 109 MOTION for Hoguet Newman Regal & Kenney, LLP to Withdraw as Attorney. ERROR(S): Filing Error of Attachment. Supporting Declaration must be filed individually. Use event code Declaration in Support of Motion located under Replies, Opposition and Supporting Documents. (ka) (Entered: 04/01/2011)
04/01/2011110  MOTION for Hoguet Newman Regal & Kenney, LLP to Withdraw as Attorney. Document filed by David Rubin as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Skirrow, Juan) (Entered: 04/01/2011)
04/01/2011111 DECLARATION of John J. Kenney in Support by David Rubin as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 110 MOTION for Hoguet Newman Regal & Kenney, LLP to Withdraw as Attorney.. (Skirrow, Juan) (Entered: 04/01/2011)
04/04/2011112 MEMO ENDORSEMENT granting 110 Motion to Withdraw as Attorney, as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1), David Rubin (2), Zevi Wolmark (3) and Evan Andrew Zarefsky (4). ENDORSED: Request GRANTED conditionally. Attorney Hoguet Newman Regal & Kenney, LLP are authorized to withdraw as counsel of record for defendant David Rubin herein on condition that the existing trial schedules and all related pretrial deadlines will NOT be altered and that substitute counsel under take representation with that understanding. (Signed by Judge Victor Marrero on 4/1/2011) (ab) (Entered: 04/04/2011)
04/11/2011113 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Withdraw Appearance. Document filed by Rubin/Chambers, Dunhill Insurance Services, Inc. as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Beckler, Richard) Modified on 4/12/2011 (ka). (Entered: 04/11/2011)
04/12/2011  NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Richard William Beckler as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky: to RE-FILE Document 113 MOTION to Withdraw Appearance. Use the document type Notice(Other) found under the document list Notices. (ka) (Entered: 04/12/2011)
04/12/2011114 NOTICE of Withdrawal of Appearance as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky (Beckler, Richard) (Entered: 04/12/2011)
04/15/2011115 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Rebecca Meiklejohn dated 4/12/2011 re: The Government writes to advise the Court of a second potential conflict of interest arising in this matter due to the fact that the law firm that currently represents defendant Rubin/Chambers, Dunhill Insurance Services, Inc. ("CDR") also represents an individual who has been identified as a co-conspirator in the big-rigging charge pending in Count One and separately indicted in the related case pending before Judge Keenan. ENDORSED: The Clerk of the Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. (Signed by Judge Victor Marrero on 4/14/2011) (ab) (Entered: 04/15/2011)
04/15/2011116 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Scott Bookstein dated 4/13/2011 re: Counsel writes to inform the Court Mr. Engel wants Simon & Partners to continue to represent him, and, knowing the conflict discussed herein, he has no objection to Simon & Partners representing Mr. Rubin as well. ENDORSED: The Clerk of the Court is directed to enter into the public record of this action the letter above submitted to the Court by Counsel for third party James Engel. (Signed by Judge Victor Marrero on 4/14/2011) (ab) (Entered: 04/15/2011)
04/15/2011117 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Bradley D. Simon dated 3/29/2011 re: Counsel writes to inform the Court that they have recently been retained to represent Mr. Rubin and request that the Court schedule a Curcio Hearing as soon as practicable. ENDORSED: The Clerk of the Court is directed to enter into the public record of this action the letter above submitted to the Court by the substituted counsel for defendant David Rubin. (Signed by Judge Victor Marrero on 4/15/2011) (ab) (Entered: 04/15/2011)
04/15/2011118 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Rebecca Meiklejohn dated 4/12/2011 re: The Government writes to advise the Court of a potential conflict of interest arising from the representation of David Rubin by Bradley Simon, Esq. The Government requests that the Court hold a Curcio Hearing and attached a set of proposed questions to be put to the defendant as part of the inquiry. ENDORSED: ENDORSED: The Clerk of the Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. (Signed by Judge Victor Marrero on 4/15/2011) (ab) (Entered: 04/15/2011)
05/03/2011121 MEMO ENDORSEMENT as to (09-Cr-1058-01) Rubin/Chambers, Dunhill Insurance Services, Inc. on "Withdrawal of Appearance" filed by Attorney Richard W. Beckler dated April 11, 2011 re: As of April 11, 2011, Joseph Walker hereby withdraws his appearance as counsel of record in this action for Defendant, CDR Financial Products, Inc. The company will be obtaining new representation that will be entering their appearance shortly. ENDORSEMENT: SO ORDERED. (Signed by Judge Victor Marrero on 5/3/2011)(bw) (Entered: 05/03/2011)
05/03/2011  Attorney update in case as to (09-Cr-1058-01) Rubin/Chambers, Dunhill Insurance Services, Inc. Attorney Joseph Walker terminated. [*** SEE MEMO ENDORSEMENT, DOC.#121. ***] (bw) (Entered: 05/03/2011)
05/09/2011123 ORDER MODIFYING CONDITIONS OF BOND TO ALLOW POSTING OF SUBSTITUTE PROPERTY AND REMOVAL OF PROPERTY SECURING RELEASE as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky. Based upon the Stipulation filed by the parties, the Court hereby finds and orders: 1) Upon the posting of the property set forth in paragraph 3 of this Order, the property located at 121 N Citrus Avenue, Los Angeles, California, 90036, previously posted as security for the personal recognizance bond associated with the release of Mr. Wolmark, shall be removed as security for Mr. Wohnark's bond. 2) Upon the posting of the property set forth in paragraph 3 of this Order, The Clerk of the Court shall remove the lien held against the property located at 121 N Citrus Avenue, Los Angeles, California, 90036, 3) A lien shall be placed against the following property in favor of the U.S. District Court as security for Mr. Wolmark's bond, property located at 425 N Formosa Avenue, Los Angeles, California, 90036. (Signed by Judge Victor Marrero on 5/6/2011) (ab) (Entered: 05/09/2011)
05/09/2011124 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss Count Nine of the Superseding Indictment., FIRST MOTION to Strike Portions of Count Two of the Superseding Indictment, Alleging Conspiracy to Violate 18 U.S.C. 1005. Document filed by David Rubin as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Attachments: # 1 Memorandum of Law)(Katz, Adam) Modified on 5/10/2011 (ka). (Entered: 05/09/2011)
05/09/2011125  MOTION to Seal Document (Exhibits A and B to Declaration in support of defendant Zarefsky's motion to dismiss Count Seven). Document filed by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Zelenko, Daniel) (Entered: 05/09/2011)
05/09/2011126 MEMORANDUM in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 125 MOTION to Seal Document (Exhibits A and B to Declaration in support of defendant Zarefsky's motion to dismiss Count Seven). MOTION to Seal Document (Exhibits A and B to Declaration in support of defendant Zarefsky's motion to dismiss Count Seven).. (Zelenko, Daniel) (Entered: 05/09/2011)
05/09/2011130  MOTION to Dismiss in Part, or to Strike in Part. Document filed by David Rubin, Zevi Wolmark, Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Attachments: # 1 Text of Proposed Order Proposed Order)(McGovern, Michael) (Entered: 05/09/2011)
05/10/2011  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Adam Stewart Katz as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky: to RE-FILE Document 124 FIRST MOTION to Dismiss Count Nine of the Superseding Indictment.FIRST MOTION to Strike Portions of Count Two of the Superseding Indictment, Alleging Conspiracy to Violate 18 U.S.C. 1005.. ERROR(S): Filing Error of Attachment. Supporting Memorandum must be filed individually. Use event code Reply Memorandum of Law in Support of motion located under Replies, Opposition and Supporting Documents. (ka) (Entered: 05/10/2011)
05/10/2011133 FIRST MOTION to Dismiss Count Nine of the Government's Superseding Indictment., FIRST MOTION to Strike Section of Count Two of the Superseding Indictment Alleging Conspiracy to Violate 18 USC 1005. Document filed by Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Katz, Adam) (Entered: 05/10/2011)
05/10/2011134 MEMORANDUM in Support by Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 133 FIRST MOTION to Dismiss Count Nine of the Government's Superseding Indictment.FIRST MOTION to Strike Section of Count Two of the Superseding Indictment Alleging Conspiracy to Violate 18 USC 1005.. (Katz, Adam) (Entered: 05/10/2011)
05/23/2011135 MEMORANDUM in Opposition by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 127 MOTION to Dismiss Count Seven against defendant Zarefsky for improper venue., 133 FIRST MOTION to Dismiss Count Nine of the Government's Superseding Indictment.FIRST MOTION to Strike Section of Count Two of the Superseding Indictment Alleging Conspiracy to Violate 18 USC 1005., 130 MOTION to Dismiss in Part, or to Strike in Part.. Meiklejohn, Rebecca (Meiklejohn, Rebecca) (Entered: 05/23/2011)
05/31/2011138 FIRST REPLY MEMORANDUM OF LAW in Support as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 133 FIRST MOTION to Dismiss Count Nine of the Government's Superseding Indictment.FIRST MOTION to Strike Section of Count Two of the Superseding Indictment Alleging Conspiracy to Violate 18 USC 1005.. (Katz, Adam) (Entered: 05/31/2011)
06/01/2011139 SEALED DOCUMENT placed in vault. (nm) (Entered: 06/01/2011)
06/07/2011140 ENDORSED LETTER as to (S1-09-Cr-1058-) Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Attorney Rebecca Meiklejohn, Antitrust Division of U.S. Department of Justice, dated June 2, 2011 re: The government requests permission to file a response to that portion of defendants' reply memorandum in which they raise, for the first time, the claim that charges in the Superseding Indictment based on 18 U.S.C. Section 1005, namely Count Nine and parts of Count Two, should be dismissed because they are unconstitutionally broad. The government expects that it will be able to provide the Court with a response by next Friday, June 10. ENDORSEMENT: SO ORDERED. (Signed by Judge Victor Marrero on 6/7/2011)(bw) (Entered: 06/07/2011)
06/09/2011141 SECOND REPLY MEMORANDUM OF LAW in Opposition 133 motion to dismiss and to strike by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky Meiklejohn, Rebecca. (Meiklejohn, Rebecca) Modified on 6/13/2011 (ka). (Entered: 06/09/2011)
06/14/2011142 NOTICE of WIthdrawal of Appearance as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky (Beckler, Richard) (Entered: 06/14/2011)
06/15/2011143 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky, addressed to Judge Marrero, from Rebecca Meiklejohn, Antitrust Division, dated 6/9/2011, re: potential conflict of interest - request that the Court schedule a second Curcio hearing because it now appears that Richard Beckler, of Bracewell & Giuliani, LLP, will continue to represent defendant Rubin/Chambers, Dunhill Insurance Services, Inc. ("CDR") in this matter.... The Government therefore requests that the Court examine CDR's sole owner and chief executive, David Rubin, to determine whether CDR waives its right to conflict-free representation.... -- Judge endorsed: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. SO ORDERED. (Signed by Judge Victor Marrero on 6/13/2011)(ja) (Entered: 06/15/2011)
06/17/2011144 NOTICE OF ATTORNEY APPEARANCE: Bradley Drew Simon appearing for Rubin/Chambers, Dunhill Insurance Services, Inc.. (Simon, Bradley) (Entered: 06/17/2011)
06/17/2011145 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Attorney Bradley D. Simon, Counsel for defendant David Rubin, dated June 17, 2011 re: Mr. Rubin was and is the sole owner and president of Rubin/Chambers, Dunhill Insurance Services, Inc. d/b/a Chambers, Dunhill, Rubin & Co., and CDR Financial Products, Inc. (collectively "CDR"), the defendant-company in the above-referenced criminal matter which is being prosecuted by the Antitrust Division of the United States Department of Justice ("DOJ"). We are writing to inform the Court that Mr. Rubin has recently requested that our firm take over the representation of CDR, in addition to continuing to represent David Rubin. ENDORSEMENT: The Government is directed to respond by 6-22-11 to the request of defendants David Rubin and CDR set forth above, in particular indicating the extent to which the interests of these defendants maybe significantly adverse and whether a waiver of conflict by CDR can properly be made on its behalf by Mr. Rubin. SO ORDERED: (Signed by Judge Victor Marrero on 6/17/2011)(bw) (Entered: 06/17/2011)
06/23/2011146 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Attorney Jeffrey Rutherford, Counsel for defendant Evan Andrew Zarefsky, dated June 22, 201 re: Defendants request oral argument on each of three fully submitted motions pending before the Court. ENDORSEMENT: Request GRANTED. The parties are directed to confer and propose convenient dates for a next status conference, with the understanding that adjournment of the trial date is not an option to be discussed. Upon the Court's completion of review of the pending motions it will inform the parties whatever oral argument is warranted. SO ORDERED: (Signed by Judge Victor Marrero on 6/22/2011)(bw) (Entered: 06/23/2011)
06/28/2011147 ENDORSED LETTER: As to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Jeffrey Rutherford dated 6/24/2011 re: Defendants write to inform the Court that the parties have conferred, as directed by the Court, and have agreed on July 29, 2011, at 3:00p.m. for the parties' next conference. ENDORSEMENT: Request GRANTED. The next status conference herein is rescheduled to 7/29/2011 at 3:00 p.m. SO ORDERED. (Signed by Judge Victor Marrero on 6/27/2011)(dnd) (Entered: 06/28/2011)
06/28/2011150 TRANSCRIPT of Proceedings as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky held on January 7, 2011 before Judge Victor Marrero. (mro) (Entered: 07/13/2011)
06/29/2011148 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Attorney Rebecca Meiklejohn, Antitrust Division, U.S. Department of Justice, dated June 21, 2011 re: The government respectfully writes to respond to the Court's request concerning any additional potential conflicts of interest arising from the representation of corporate defendant Rubin/Chambers, Dunhill Insurance Services, Inc. dba Chambers, Dunhill, Rubin & Co., and CDR Financial Products, Inc. ("CDR") by Bradley Simon, Esq. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. SO ORDERED. (Signed by Judge Victor Marrero on 6/29/2011)(bw) (Entered: 06/29/2011)
06/30/2011149 ENDORSED LETTER: As to Rubin/Chambers, Dunhill Insurance Services, Inc. addressed to Judge Victor Marrero from Bradley D. Simon dated 6/30/2011 re: The parties respectfully request that the Court set the Curcio hearing for July 28, 2011 at 5:15 p.m. Per the instructions of the Court's clerk, the parties will contact the court in mid-July to see if the Court is available at an earlier time on that date. ENDORSEMENT: Request Granted. The Curcio hearing herein is scheduled for 7/28/2011 at 4:00 p.m. SO ORDERED. (Signed by Judge Victor Marrero on 6/30/2011)(dnd) (Entered: 07/01/2011)
07/20/2011151 DECISION AND ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 127 MOTION to Dismiss Count Seven against defendant Zarefsky for improper venue filed by Evan Andrew Zarefsky, 133 FIRST MOTION to Dismiss Count Nine of the Government's Superseding Indictment. FIRST MOTION to Strike Section of Count Two of the Superseding Indictment Alleging Conspiracy to Violate 18 USC 1005 filed by Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Evan Andrew Zarefsky, Zevi Wolmark, 130 MOTION to Dismiss in Part, or to Strike in Part filed by David Rubin, Evan Andrew Zarefsky, Zevi Wolmark. For the reasons discussed above, it is hereby ORDERED that the motion (Docket No. 130) of defendants Rubin/Chambers, Dunhill Insurance Services, Inc.; DavidRubin ("Rubin") ; Zevi Wolmark a/k/a Stewart Wolmark; and Evan Andrew zarefsky ( "Zarefsky") (collectively, "Defendants") for an order dismissing Counts Two through Six of the Superseding Indictment (Docket No. 67) or, in the alternative, striking certain language from Counts Two through Six is DENIED; and further it is ORDERED that Defendants' motion (Docket No. 133) for an order (1) dismissing Count Nine of the Superseding Indictment against Rubin and (2) striking all references to Defendants' alleged conspiracy to violate 18 U.S.C. ยง 1005 in Count Two of the Superseding Indictment is GRANTED; and further it is ORDERED that Zarefsky's motion (Docket No. 127) to dismiss Count Seven of the Superseding Indictment for improper venue is DENIED.SO ORDERED. (Signed by Judge Victor Marrero on 7/18/11)(jw) (Entered: 07/20/2011)
07/21/2011152 MEMO ENDORSEMENT on 125 Motion to Seal Document as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1), David Rubin (2), Zevi Wolmark (3) and Evan Andrew Zarefsky (4): Request GRANTED. Defendant Evan Zarefsky is authorized to file underseal in this action Exhibits A and B as referenced in the Declaration of Daniel L. Zelenko dated 5/9/2011 and the defendants Motion to Dismiss Count Seven. (Signed by Judge Victor Marrero on 7/20/2011) (ab) (Entered: 07/21/2011)
07/29/2011155 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc. addressed to Judge Victor Marrero from Bradley D. Simon dated 7/27/2011 re: Counsel writes to request that the Court set the Curcio hearing for 8/2/2011. ENDORSEMENT: Request GRANTED. The Curcio hearing requested by the Government on the matter set forth above is rescheduled to 8/2/2011 at 11:00 AM. (Signed by Judge Victor Marrero on 7/28/2011) (ab) (Entered: 07/29/2011)
08/01/2011156 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Rebecca Meiklejohn dated 7/29/2011 re: The Government writes to respond to the Court's inquiry regarding the scope of discovery in a separate, but related, case, United States v. Dominick P. Carollo, et al., S1 10 Cr 654 (HB), currently before Judge Baer. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. (Signed by Judge Victor Marrero on 7/29/2011) (ab) (Entered: 08/01/2011)
08/01/2011157 ORDER OF REFERENCE TO A MAGISTRATE JUDGE As to Rubin/Chambers, Dunhill Insurance Services, Inc. The above entitled action is referred to the designated Magistrate Judge for the following purposes: General Pretrial (includes, discovery, non-dispositive pretrial motions). SO ORDERED. (Signed by Judge Victor Marrero on 7/29/2011)(dnd) (Entered: 08/01/2011)
08/02/2011  Minute Entry for proceedings held before Judge Victor Marrero: Pretrial Conference as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky held on 8/2/2011. The Court held a pre-trial conference. Defendant Evan Zarefsky present, represented by counsel Jeffrey Rutherford and Daniel Zelenko. Defendant David Rubin was present via telephone, and was represented in person by counsel Bradley Simon and Adam Katz. Counsel Richard Beckler appeared on behalf of defendant CDR. Defendant Stewart Wolmark present, represented by counsel Michael McGovern and Alyssa Ziegler. United States Department of Justice, Antitrust Criminal Division, appeared for the Government, represented by Rebecca Meiklejohn, Steven Turgander and Kevin Hart. Court reporter present. The Curcio hearing for defendant CDR is rescheduled to August 10, 2011 at 3:00 p.m. The parties shall confer regarding cooperating to assist the defendants in the management of discovery productions. The Government shall respond by letter on July 29, 2011 regarding a comparison of the scope of discovery produced to defendants in this matter versus that produced to defendants in the matter United States v. Carollo, No. 10 Cr. 654. (dnd) Modified on 8/2/2011 (dnd). (Entered: 08/02/2011)
08/04/2011158 ENDORSED LETTER: As to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Michael G. McGovern dated 8/4/2011 re: Defendants respectfully submit this letter in further response to the question the Court raised during last Friday's status conference regarding the relative volume of discovery produced in this case as opposed to that produced in United States v. Dominick P. Carollo, et al S1 10 Cr.654 (HB). ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant. SO ORDERED. (Signed by Judge Victor Marrero on 8/4/2011)(dnd) (Entered: 08/04/2011)
08/04/2011  Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark a/k/a "Stewart Wolmark", Evan Andrew Zarefsky held on 8/4/2011. The Court held a telephone conference. Defendant Evan Zarefsky present, represented by counsel Jeffrey Rutherford and Shamiso Maswoswe. Defendant David Rubin was present, represented by counsel Bradley Simon, Brian Waller and Adam Katz. Counsel Richard Beckler appeared on behalf of defendant CDR. Defendant Stewart Wolmark present, represented by counsel Michael McGovern and Alyssa Ziegler. United States Department of Justice, Antitrust Criminal Division, appeared for the Government, represented by Rebecca Meiklejohn, Steven Turgander and Kevin Hart. Court reporter present. The Court directed the parties to continue to confer and work together to facilitate the defendants review of discovery materials provided by the Government. The Court directed the parties to address any discovery disputes to Magistrate Judge James C. Francis IV for resolution. (bw) (Entered: 08/05/2011)
08/09/2011160 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc. addressed to Judge Victor Marrero from Rebecca Meiklejohn dated 8/8/11 re: Attached you will find an alternative redacted version of the government's enclosed letter. Please use this redacted version for filing on the public record...ENDORSEMENT..The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government as redacted. SO ORDERED. (Signed by Judge Victor Marrero on 8/9/11)(jw) (Entered: 08/09/2011)
08/15/2011161 TRANSCRIPT of Proceedings as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky held on 8/4/2011 before Judge Victor Marrero. (ft) (Entered: 08/15/2011)
08/19/2011162 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc. addressed to Judge Victor Marrero from Rebecca Meikejohn dated 8/16/11 re: The government respectfully writes in response to defense counsel's August 4, 2011 letter ("McGovern August 4 Letter") to correct the record regarding the central issue raised in that letter - whether defendants have been unconstitutionally hampered in their preparation for trial due to the large volume of electronic discovery in this matter and to clarify what the government has agreed to do for the defense in the Carollo case. In summary, the government remains willing to resolve outstanding discovery issues with defendants and to continue to assist them in their preparation for trial....ENDORSEMENT...The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. SO ORDERED. (Signed by Judge Victor Marrero on 8/16/11)(jw) (Entered: 08/19/2011)
08/19/2011  Minute Entry for proceedings held before Magistrate Judge James C. Francis: Interim Pretrial Conference as to Rubin/Chambers, Dunhill Insurance Services, Inc. held on 8/19/2011. (ja) (Entered: 08/26/2011)
08/23/2011163 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky: The Curcio hearing in this matter as to counsel Richard Beckler's continued representation of defendant Rubin/Chambers, Dunhill Insurance Services, Inc. that was originally scheduled for August 10, 2011 is hereby rescheduled to September 19, 2011 at 4:30 p.m. (Signed by Judge Victor Marrero on 8/23/2011) (ab) (Entered: 08/23/2011)
09/12/2011164 ENDORSED LETTER As to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. On behalf of all parties, Defendants write to notify the Court that the parties have met and conferred regarding certain deadlines in the case management order. The parties have agreed that the September 12, 2011, deadline for Defendants to file their remaining pre-trial motions be extended one week to September 19, 2011. The parties have further agreed that the October 24, 2011, deadline for the government to produce its final witness and exhibit lists and remaining Giglio and Jencks Act material be extended one week to October 31, 2011. ENDORSEMENT: Request GRANTED.The Case Management Plan for this action is amended to extend the time for completion of pre-trial motions and government submissions to 9/10/2011 and 10/31/2011. Any other related deadline affected by this extension shall be similarly modified as necessary. SO ORDERED. (Signed by Judge Victor Marrero on 9/9/2011)(dnd) (Entered: 09/12/2011)
09/19/2011165 JOINT MOTION to Strike Document No. 67 . Document filed by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Zelenko, Daniel) (Entered: 09/19/2011)
09/19/2011166 MEMORANDUM in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 165 JOINT MOTION to Strike Document No. 67 .. (Zelenko, Daniel) (Entered: 09/19/2011)
09/19/2011167 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT(LETTER) - FIRST MOTION for Bill of Particulars. Document filed by David Rubin as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Katz, Adam) Modified on 9/20/2011 (ka). (Entered: 09/19/2011)
09/19/2011  Minute Entry for proceedings held before Judge Victor Marrero: Status Conference as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky held on 9/19/2011. Defendant David Rubin was present, represented by Brian Waller and Susan J. Walsh. Counsel Richard Beckler appeared on behalf of defendant CDR. United States Department of Justice, Antitrust Criminal Division, appeared for the Government, represented by Rebecca Meiklejohn, Steven Turgander and Kevin hart. Court report present. David Rubin, on behalf of defendant Rubin/Chambers, Dunhill Insurance Services, waived all rights as to any potential conflict of interest arising from Richard Beckler's representation of Rubin/Chambers, Dunhill Insurance Services at the same time as other attorneys at Richard Beckler's firm, Bracewell & Giuliani, represent unindicted co-conspirator Gary Heinz. (ab) (Entered: 09/29/2011)
09/20/2011  ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 167 as to Defendant(s) Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky: HAS BEEN REJECTED. Note to Attorney Adam Stewart Katz : Other than letters filed under a cover marked Sentencing Memorandum, THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ka) (Entered: 09/20/2011)
09/20/2011168 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Michael G. McGovern dated 9/19/11 re: Defendants respectfully submit this letter to implore the Court to afford them some meaningful relief from the overwhelming burden of attempting to defend against a set of criminal charges that - in just the past few weeks - have once again morphed and metastasized beyond anything that the defense can reasonably be expected to respond to at a trial scheduled to commence fewer than four months from now...ENDORSEMENT..The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. The Government is directed to respond to the letter by 9/23/11, by letter not to exceed three pages. SO ORDERED.. (Signed by Judge Victor Marrero on 9/19/11)(jw) (Entered: 09/20/2011)
09/21/2011169 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Bradley D. Simon dated 9/19/2011 re: Counsel writes to request that the Court direct the Government to provide a Bill of Particulars with respect to these allegations pertaining to Count 1. ENDORSEMENT: The Government is directed to respond by 9/23/2011, by letter not to exceed three pages, to the matters set forth above by defendants. (Signed by Judge Victor Marrero on 9/20/2011) (ab) (Entered: 09/21/2011)
09/26/2011170 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky: The Court is not persuaded that the relief Defendants seek is warranted. Nonetheless, the Court directs the parties to continue the good faith efforts they have commenced under the supervision of Magistrate Judge Francis to resolve discovery disputes and reach agreement with regard to the appropriate level and schedule of additional disclosure by the Government of relevant documents and materials that may facilitate a fair and efficient trial of this action. (Signed by Judge Victor Marrero on 9/26/2011) (ab) (Entered: 09/27/2011)
09/26/2011171 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Rebecca Meiklejohn dated 9/23/2011 re: The Government writes to request that defendants' latest request for still more particulars should be denied. ENDORSEMENT: The Clerk of the Court is directed to enter into public record of this action the letter above submitted to the Court by the Government. (Signed by Judge Victor Marrero on 9/26/2011) (ab) (Entered: 09/27/2011)
09/26/2011172 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Rebecca Meiklejohn dated 9/23/2011 re: The Government writes to request that defendants' letter asking for an order directing the Government to abandon Count One of the Superseding Indictment be denied. ENDORSEMENT: The Clerk of the Court is directed to enter into public record of this action the letter above submitted to the Court by the Government. (Signed by Judge Victor Marrero on 9/26/2011) (ab) (Entered: 09/27/2011)
09/27/2011173 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Michael G. McGovern dated 9/27/2011 re: Counsel writes to request that the Court schedule a conference to discuss an appropriate remedy. ENDORSEMENT: Request DENIED. The Court reviewed the matters set forth above and in defendants prior correspondence regarding these issues and ruled upon them by Order dated 9/26/2011 (Docket No. 170). (Signed by Judge Victor Marrero on 9/27/2011) (ab) (Entered: 09/27/2011)
10/03/2011174  REPLY MEMORANDUM OF LAW in Opposition by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 165 JOINT MOTION to Strike Document No. 67 .. (Meiklejohn, Rebecca) (Entered: 10/03/2011)
10/03/2011175 Certificate of Service of 174 Reply Memorandum of Law in Opposition to Motion by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Michael McGovern, Bradley Simon, Daniel Zelenko on 10/03/2011. (Meiklejohn, Rebecca) (Entered: 10/03/2011)
10/04/2011176 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. A pretrial conference having been held on October 3, 2011, it is hereby ORDERED as follows: 1. By October 31, 2011, the Government shall submit to defendants its final list of "featured deals." 2. The Government shall submit to defendants on a biweekly basis any supplemental information concerning the documents associated with "deal buckets."3. By October 11, 2011 defendants shall serve and file any Brady motion. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 10/4/11)(jw) (Entered: 10/04/2011)
10/11/2011177  MOTION for Protective Order and Evidentiary Hearing. Document filed by Martin J. Stallone, David Eckhart, Investment Management Advisory Group, Inc. as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Attachments: # 1 Certificate of Service)(Kuffler, Alfred) (Entered: 10/11/2011)
10/11/2011179 FIRST MOTION for Release of Brady Materials. Document filed by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Attachments: # 1 Text of Proposed Order Proposed Order to Disclose Brady Material)(Tugander, Steven) (Entered: 10/11/2011)
10/11/2011180 MEMORANDUM in Support by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 179 FIRST MOTION for Release of Brady Materials.. (Tugander, Steven) (Entered: 10/11/2011)
10/11/2011181 Certificate of Service of 179 FIRST MOTION for Release of Brady Materials., 180 Memorandum in Support of Motion by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Esq., Michael McGovern, Esq., Bradley D. Simon, Esq., Daniel Zelenko, Esq., John S. Siffert, Esq., Walter F. Timpone, Esq., Howard E. Heiss, Esq., Charles Stillman, Esq., Marc L. Mukasey, Esq., Christopher Hall, Esq., Richard L. Scheff, Esq., Ronald H. Levine, Esq., Fred F. Fielding, Esq., Nina Beattie, Esq., Gregory L. Poe, Esq. on 10/11/2011. (Tugander, Steven) (Entered: 10/11/2011)
10/11/2011183 FIRST MOTION in Limine Advice of Counsel. Document filed by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Meiklejohn, Rebecca) (Entered: 10/11/2011)
10/11/2011184 MEMORANDUM in Support by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 183 FIRST MOTION in Limine Advice of Counsel.. (Meiklejohn, Rebecca) (Entered: 10/11/2011)
10/11/2011185 Certificate of Service of 184 Memorandum in Support of Motion, 183 FIRST MOTION in Limine Advice of Counsel. by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Esq, Michael McGovern, Esq, Bradley D. Simon, Esq., Jeffrey Rutherford, Esq. on 10/11/2011. (Meiklejohn, Rebecca) (Entered: 10/11/2011)
10/11/2011186 SECOND MOTION in Limine To Allow Lay Witness Opinion Testimony. Document filed by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Meiklejohn, Rebecca) (Entered: 10/11/2011)
10/11/2011187 MEMORANDUM in Support by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 186 SECOND MOTION in Limine To Allow Lay Witness Opinion Testimony.. (Meiklejohn, Rebecca) (Entered: 10/11/2011)
10/11/2011188 Certificate of Service of 187 Memorandum in Support of Motion, 186 SECOND MOTION in Limine To Allow Lay Witness Opinion Testimony. by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Esq, Michael McGovern, Esq, Bradley D. Simon, Esq., Jeffrey Rutherford, Esq. on 10/11/2011. (Meiklejohn, Rebecca) (Entered: 10/11/2011)
10/11/2011189 THIRD MOTION in Limine Limiting Use of 302's, MOI's and Notes. Document filed by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Meiklejohn, Rebecca) (Entered: 10/11/2011)
10/11/2011190 MEMORANDUM in Support by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 189 THIRD MOTION in Limine Limiting Use of 302's, MOI's and Notes.. (Meiklejohn, Rebecca) (Entered: 10/11/2011)
10/11/2011191 Certificate of Service of 189 THIRD MOTION in Limine Limiting Use of 302's, MOI's and Notes., 190 Memorandum in Support of Motion by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Esq, Michael McGovern, Esq, Bradley D. Simon, Esq., Jeffrey Rutherford, Esq. on 10/11/2011. (Meiklejohn, Rebecca) (Entered: 10/11/2011)
10/11/2011192 FOURTH MOTION in Limine To Exclude Good Acts. Document filed by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Meiklejohn, Rebecca) (Entered: 10/11/2011)
10/11/2011193 MEMORANDUM in Support by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 192 FOURTH MOTION in Limine To Exclude Good Acts.. (Meiklejohn, Rebecca) (Entered: 10/11/2011)
10/11/2011194 Certificate of Service of 193 Memorandum in Support of Motion, 192 FOURTH MOTION in Limine To Exclude Good Acts. by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Esq, Michael McGovern, Esq, Bradley D. Simon, Esq., Jeffrey Rutherford, Esq. on 10/11/2011. (Meiklejohn, Rebecca) (Entered: 10/11/2011)
10/11/2011196 MEMORANDUM in Support by Zevi Wolmark as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 195 MOTION for Release of Brady Materials.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(McGovern, Michael) (Entered: 10/11/2011)
10/11/2011197 JOINT REPLY MEMORANDUM OF LAW in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 165 JOINT MOTION to Strike Document No. 67 .. (Zelenko, Daniel) (Entered: 10/11/2011)
10/11/2011198 JOINT MOTION to Exclude Government's 404(b) Evidence. Document filed by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Zelenko, Daniel) (Entered: 10/11/2011)
10/11/2011199 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 198 JOINT MOTION to Exclude Government's 404(b) Evidence. (Attachments: # 1 Affidavit, # 2 Exhibit)(Zelenko, Daniel) Modified on 10/12/2011 (ka). (Entered: 10/11/2011)
10/11/2011200 JOINT MOTION to Exclude Non-CDR Brokered Deals. Document filed by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Zelenko, Daniel) (Entered: 10/11/2011)
10/11/2011201 MEMORANDUM in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 200 JOINT MOTION to Exclude Non-CDR Brokered Deals.. (Zelenko, Daniel) (Entered: 10/11/2011)
10/11/2011202 JOINT MOTION to Exclude New Alleged Kickbacks. Document filed by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Zelenko, Daniel) (Entered: 10/11/2011)
10/11/2011203 MEMORANDUM in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 202 JOINT MOTION to Exclude New Alleged Kickbacks.. (Zelenko, Daniel) (Entered: 10/11/2011)
10/11/2011204 JOINT MOTION to Preclude Govt Argument re: Treasury Regulations. Document filed by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Zelenko, Daniel) (Entered: 10/11/2011)
10/11/2011205 MEMORANDUM in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 204 JOINT MOTION to Preclude Govt Argument re: Treasury Regulations.. (Zelenko, Daniel) (Entered: 10/11/2011)
10/11/2011206 JOINT MOTION to Exclude Certain Unrelated Kickbacks. Document filed by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Zelenko, Daniel) (Entered: 10/11/2011)
10/11/2011207 MEMORANDUM in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 206 JOINT MOTION to Exclude Certain Unrelated Kickbacks.. (Zelenko, Daniel) (Entered: 10/12/2011)
10/12/2011211 MEMORANDUM in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 198 JOINT MOTION to Exclude Government's 404(b) Evidence.. (Zelenko, Daniel) (Entered: 10/12/2011)
10/12/2011212 DECLARATION of Shamiso Maswoswe, Esq. in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 198 JOINT MOTION to Exclude Government's 404(b) Evidence.. (Attachments: # 1 Exhibit A to Maswoswe Declaration.)(Zelenko, Daniel) (Entered: 10/12/2011)
10/13/2011213 AMENDED MOTION for Release of Brady Materials. Document filed by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Attachments: # 1 Text of Proposed Order)(McClain, Lucy) (Entered: 10/13/2011)
10/13/2011214 Certificate of Service of 213 AMENDED MOTION for Release of Brady Materials. by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Esq., Michael McGovern, Esq., Bradley D. Simon, Esq., Daniel Zelenko, Esq., John S. Siffert, Esq., Walter F. Timpone, Esq., Howard E. Heiss, Esq., Charles Stillman, Esq., Marc L. Mukasey, Esq., Christopher Hall, Esq., Richard L. Scheff, Esq., Ronald H. Levine, Esq., Fred F. Fielding, Esq., Nina Beattie, Esq., Gregory L. Poe, Esq on 10/13/11. (McClain, Lucy) (Entered: 10/13/2011)
10/14/2011215 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Charles V. Reilly dated 10/14/2011. re: In connection with the Government's Application for an Order to Disclose to Defendants Brady Material, please substitute the enclosed Application and proposed Order for those previously delivered to Chambers. The enclosed documents correctly state that there are eight tapes subject to the Government's Application. All counsel havebeen provided with copies of the substitute documents, and the appropriate filing has been made with ECF. ENDORSEMENT: Defendants in the CDR case 09-cr-1058 are directed to respond by 10/21/2011 by letter not to exceed three pages, to the request of the government for the Order referred to as it pertains to the instant case. SO ORDERED. (Signed by Judge Victor Marrero on 10/14/2011)(dnd) (Entered: 10/14/2011)
10/17/2011  Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky held on 10/17/2011. Defendant David Rubin was represented by Bradley Simon. Counsel Richard Beckler appeared on behalf of defendants CDR. Defendant Stewart Wolmark was represented by Michael McGovern. Defendant Evan Andrew Zarefsky was represented by Jeffrey H. Rutherford. United States Department of Justice, Antitrust Criminal Division, appeared for the Government, represented by Rebecca Meiklejohn. Court reporter present. (ab) (Entered: 10/21/2011)
10/18/2011218 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #220) - MEMORANDUM in Opposition by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 204 JOINT MOTION to Preclude Govt Argument re: Treasury Regulations. (Attachments: # 1 Exhibit, # 2 Exhibit)(Meiklejohn, Rebecca) Modified on 10/19/2011 (ldi). (Entered: 10/18/2011)
10/18/2011219 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #221) - Certificate of Service by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Bradley D. Simon, Michael McGovern, Jeffrey Rutherford on 10/18/2011. (Meiklejohn, Rebecca) Modified on 10/19/2011 (ldi). (Entered: 10/18/2011)
10/18/2011220 MEMORANDUM in Opposition by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 204 JOINT MOTION to Preclude Govt Argument re: Treasury Regulations.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Meiklejohn, Rebecca) (Entered: 10/18/2011)
10/18/2011221 Certificate of Service by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Bradley D. Simon, Michael McGovern, Jeffrey Rutherford on 10/18/2011. (Meiklejohn, Rebecca) (Entered: 10/18/2011)
10/18/2011222 MEMORANDUM in Opposition by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 198 JOINT MOTION to Exclude Government's 404(b) Evidence.. (Meiklejohn, Rebecca) (Entered: 10/18/2011)
10/18/2011223 Certificate of Service by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Bradley D. Simon, Michael McGovern, Jeffrey Rutherford on 10/18/2011. (Meiklejohn, Rebecca) (Entered: 10/18/2011)
10/18/2011224 MEMORANDUM in Opposition by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 206 JOINT MOTION to Exclude Certain Unrelated Kickbacks., 202 JOINT MOTION to Exclude New Alleged Kickbacks.. (Meiklejohn, Rebecca) (Entered: 10/18/2011)
10/18/2011225 Certificate of Service by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Bradley D. Simon, Michael McGovern, Jeffrey Rutherford on 10/18/2011. (Meiklejohn, Rebecca) (Entered: 10/18/2011)
10/18/2011226 MEMORANDUM in Opposition by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 200 JOINT MOTION to Exclude Non-CDR Brokered Deals.. (Meiklejohn, Rebecca) (Entered: 10/18/2011)
10/18/2011227 Certificate of Service by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Bradley D. Simon, Michael McGovern, Jeffrey Rutherford on 10/18/2011. (Meiklejohn, Rebecca) (Entered: 10/18/2011)
10/18/2011228 MEMORANDUM in Opposition by David Rubin as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 189 THIRD MOTION in Limine Limiting Use of 302's, MOI's and Notes.. (Katz, Adam) (Entered: 10/18/2011)
10/18/2011229 MEMORANDUM in Opposition by David Rubin as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 183 FIRST MOTION in Limine Advice of Counsel.. (Katz, Adam) (Entered: 10/18/2011)
10/18/2011230 MEMORANDUM in Opposition by Zevi Wolmark as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 192 FOURTH MOTION in Limine To Exclude Good Acts.. Not referenced on the Final Bill of Particulars (Attachments: # 1 Certificate of Service)(McGovern, Michael) (Entered: 10/18/2011)
10/18/2011231 MEMORANDUM in Opposition by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 186 SECOND MOTION in Limine To Allow Lay Witness Opinion Testimony.. (Zelenko, Daniel) (Entered: 10/18/2011)
10/19/2011232 Subpoena Pursuant to Rule 17(c)(1), Fed.R.Crim.P. as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. To: Gregg Jones, Andrews Kurth, 600 Travis, Suite 4200, Houston, TX 77002 (jw) (Entered: 10/19/2011)
10/19/2011233  SubPoena Pursuant to Rule 17(c)(1), Fed.R.Crim.P. as to Rubin/Chambers, Dunhill Insurance Services, Inc To: Managing Partner, Fulbright & Jaworksi LLP, 666 Fifth Avenue, New York, NY10103-3198. (jw) (Entered: 10/19/2011)
10/19/2011234  SubPoena Pursuant to Rule 17(c)(1), Fed.R.Crim.P. as to Rubin/Chambers, Dunhill Insurance Services, Inc. To: Andrews Kurth, 600 Travis, Suite 4200, Houston, TX 77002. (jw) (Entered: 10/19/2011)
10/21/2011235 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. On October 11, 2011, the Government submitted to Judge Marrero an application for an order to disclose portions of eight consensual recordings that contain potentially privileged material, as well as Brady material, to Defendants in each of the above-listed cases. Concurrently, third parties Investment Management Advisory Group, Inc., David Eckhart, and Martin Stallone moved for a protective order and evidentiary hearing to prevent disclosure of certain recordings. It is hereby ORDERED as follows: The Government shall file its initial application to disclose Brady material in United States v. Carollo, et al., 10 Cr. 654 (HB) and United States v. Ghavami, et al., 10 Cr. 1217 (JFK) and ensure that each judge receives copies of the consensual tape recordings that are the subject of the application, as well as transcripts of those recordings; 2. The Government shall file a response to the motion for a protective order in each of the three cases no later than November 14, 2011; 3. Third parties Investment Management Advisory Group, Inc., David Eckhart, and Martin Stallone shall file a reply, if any, in each of the three cases no later than November 22, 2011; The Court will hear oral argument on the motion on December 2, 2011 at 3:30 p.m. in Courtroom 23 B. SO ORDERED. (Signed by Judge Victor Marrero on 10/20/2011)(dnd) (Entered: 10/21/2011)
10/21/2011236 DECISION AND ORDER denying 165 Motion to Strike as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1), David Rubin (2), Zevi Wolmark (3), Evan Andrew Zarefsky (4). For the reasons discussed above, it is hereby ORDERED that the Joint Motion to Strike Surplusage from the Superseding Indictment (Docket No. 165) of defendants Rubin/Chambers, Dunhill Insurance Services, Inc. David Rubin; Zevi Wolmark a/k/a Stewart Wolmark; andEvan Andrew Zarefsky is DENIED. SO ORDERED. (Signed by Judge Victor Marrero on 10/21/11) (jw) (Entered: 10/21/2011)
10/21/2011237 JOINT REPLY MEMORANDUM OF LAW in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 204 JOINT MOTION to Preclude Govt Argument re: Treasury Regulations.. (Zelenko, Daniel) (Entered: 10/21/2011)
10/21/2011238  REPLY MEMORANDUM OF LAW in Support by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 189 THIRD MOTION in Limine Limiting Use of 302's, MOI's and Notes.. (Meiklejohn, Rebecca) (Entered: 10/21/2011)
10/21/2011239 Certificate of Service of 238 Reply Memorandum of Law in Support of Motion, by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard Beckler, Bradley Simon, Adam Katz, Michael McGovern, Daniel Zelenko on 10/21/2011. (Meiklejohn, Rebecca) (Entered: 10/21/2011)
10/21/2011240  REPLY MEMORANDUM OF LAW in Support by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 183 FIRST MOTION in Limine Advice of Counsel.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Meiklejohn, Rebecca) (Entered: 10/21/2011)
10/21/2011241 Certificate of Service of 240 Reply Memorandum of Law in Support of Motion, by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard Beckler, Bradley Simon, Adam Katz, Michael McGovern, Daniel Zelenko on 10/21/2011. (Meiklejohn, Rebecca) (Entered: 10/21/2011)
10/21/2011242  REPLY MEMORANDUM OF LAW in Support by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 186 SECOND MOTION in Limine To Allow Lay Witness Opinion Testimony.. (Meiklejohn, Rebecca) (Entered: 10/21/2011)
10/21/2011243 Certificate of Service of 242 Reply Memorandum of Law in Support of Motion, by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard Beckler, Bradley Simon, Adam Katz, Michael McGovern, Daniel Zelenko on 10/21/2011. (Meiklejohn, Rebecca) (Entered: 10/21/2011)
10/21/2011244  REPLY MEMORANDUM OF LAW in Support by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 192 FOURTH MOTION in Limine To Exclude Good Acts.. (Meiklejohn, Rebecca) (Entered: 10/21/2011)
10/21/2011245 Certificate of Service of 244 Reply Memorandum of Law in Support of Motion by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard Beckler, Bradley Simon, Adam Katz, Michael McGovern, Daniel Zelenko on 10/21/2011. (Meiklejohn, Rebecca) (Entered: 10/21/2011)
10/21/2011246 JOINT REPLY MEMORANDUM OF LAW in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 200 JOINT MOTION to Exclude Non-CDR Brokered Deals.. (Zelenko, Daniel) (Entered: 10/21/2011)
10/21/2011247 NOTICE OF ATTORNEY APPEARANCE Eric C. Hoffmann appearing for USA. (Hoffmann, Eric) (Entered: 10/21/2011)
10/21/2011249 JOINT REPLY MEMORANDUM OF LAW in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 202 JOINT MOTION to Exclude New Alleged Kickbacks., 206 JOINT MOTION to Exclude Certain Unrelated Kickbacks.. (Zelenko, Daniel) (Entered: 10/21/2011)
10/21/2011250 JOINT REPLY MEMORANDUM OF LAW in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 198 JOINT MOTION to Exclude Government's 404(b) Evidence.. (Zelenko, Daniel) (Entered: 10/21/2011)
10/21/2011251 DECLARATION of Shamiso Maswoswe in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 198 JOINT MOTION to Exclude Government's 404(b) Evidence.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Zelenko, Daniel) (Entered: 10/21/2011)
10/24/2011253 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Steven Tugander dated 10/24/11 re: The Government respectfully writes to correct an inadvertent error contained in the Government's Opposition to Defendants' Motion to Exclude Evidence of Deals Not Brokered by CDR, filed on October 18, 2011. In footnote 2, line 19, the word "CDR" should be replaced by the word "Paragon." The Government apologizes for any inconvenience caused by this error..ENDORSEMENT...The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. SO ORDERED. (Signed by Judge Victor Marrero on 10/24/11)(jw) (Entered: 10/24/2011)
10/25/2011254 MEMORANDUM in Opposition by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 195 MOTION for Release of Brady Materials.. GOVERNMENTS OPPOSITION TO DEFENDANTS MOTION FOR IDENTIFICATION AND DISCLOSURE OF BRADY MATERIAL (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Meiklejohn, Rebecca) (Entered: 10/25/2011)
10/25/2011255 Certificate of Service of 254 Memorandum in Opposition to Motion, by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Esq., Bradley D. Simon, Esq., Michael McGovern, Esq.,Daniel Zelenko, Esq. on 10/25/2011. (Meiklejohn, Rebecca) (Entered: 10/25/2011)
10/27/2011256 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Nina Beattie dated 10/25/2011 re: Counsel writes to request an order permitting our client to file his response to the government's application under seal, directing all parties to redact his name from their motion papers, and providing that any hearing held on these issues shall be conducted in a way that prevents the disclosure of his identity. ENDORSEMENT: The Government and the parties herein are directed to respond by 10/31/2011 to the matter set forth above, by letter not to exceed three pages. (Signed by Judge Victor Marrero on 10/26/2011) (ab) (Entered: 10/27/2011)
10/28/2011257  REPLY MEMORANDUM OF LAW in Support by Zevi Wolmark as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 195 MOTION for Release of Brady Materials.. (Attachments: # 1 Certificate of Service)(McGovern, Michael) (Entered: 10/28/2011)
10/28/2011258  MOTION to Seal Document and File Ex Parte. Document filed by Zevi Wolmark as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(McGovern, Michael) (Entered: 10/28/2011)
10/28/2011259 MEMORANDUM in Support by Zevi Wolmark as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 258 MOTION to Seal Document and File Ex Parte.. (McGovern, Michael) (Entered: 10/28/2011)
10/31/2011  Minute Entry for proceedings held before Magistrate Judge James C. Francis:Interim Pretrial Conference as to Rubin/Chambers, Dunhill Insurance Services, Inc., held on 10/31/2011 (eef) (Entered: 11/04/2011)
11/01/2011260 MEMORANDUM in Opposition by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 258 MOTION to Seal Document and File Ex Parte.. Opposition to Motion to File Exhibit A Ex Parte and Under Seal (Meiklejohn, Rebecca) (Entered: 11/01/2011)
11/01/2011261 Certificate of Service by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Esq., Michael McGovern, Esq., Bradley D. Simon, Esq., Daniel Zelenko, Esq. on 11/01/2011. (Meiklejohn, Rebecca) (Entered: 11/01/2011)
11/03/2011262 ORDER granting 177 Motion for Protective Order as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1), David Rubin (2), Zevi Wolmark (3), Evan Andrew Zarefsky (4). By letter dated October 11, 2011, third parties Investment Management Advisory Group, Inc., David Eckhart, and Martin Stallone requested permission to file their motion for a protective order and supporting exhibits under seal. The Government having no objection, the application is granted. By letter dated October 25, 2011, Brune & Richard LLP, acting on behalf of an unnamed third party, requested permission to file under seal a response to the Government's application to disclose Brady material. The Government having no objection, the application is granted. Brune & Richard LLP is directed tofile its motion in all three of the above-captioned cases no later than November 7, 2011. The Government shall respond by November 14, 2011. Brune & Richard LLP shall file its reply, if any, by November 22, 2011. Oral argument on both of the third party applications will be heard on December 2, 2011 at 3:30 p.m. in Courtroom 23-B. Brune & Richard LLP further requests that all parties redact its client's name from their motion papers. In light ofthe fact that all papers relating to disclosure of the eight consensual recordings will be filed under seal, additional redaction is unnecessary. The Court will take appropriate measures, including the use of a pseudonym, to protect the client's identity should it be raised at oral argument.SO ORDERED.. (Signed by Judge John F. Keenan, Harold Baer, Jr and Victor Marrero on 11/3/11) (jw) (Main Document 262 replaced on 11/7/2011) (ad). (Entered: 11/03/2011)
11/04/2011263 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Bradley D. Simon dated 11/2/2011 re: Counsel writes to request an immediate, in-person conference. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. (Signed by Judge Victor Marrero on 11/4/2011) (ab) (Entered: 11/04/2011)
11/04/2011264 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Rebecca Meiklejohn dated 11/2/2011 re: The Government writes to request that Defendants' request for an in-person conference be denied. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. (Signed by Judge Victor Marrero on 11/4/2011) (ab) (Entered: 11/04/2011)
11/04/2011265 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Bradley D. Simon dated 11/3/2011 re: Counsel writes to request that the Court grant their request for an in-person conference as soon as possible. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. (Signed by Judge Victor Marrero on 11/4/2011) (ab) (Entered: 11/04/2011)
11/04/2011266 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Michael G. McGovern dated 11/3/2011 re: Counsel writes to request that the Court schedule an in-person conference. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. (Signed by Judge Victor Marrero on 11/4/2011) (ab) (Entered: 11/04/2011)
11/04/2011267 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky: The Court denies Defendants' request for an immediate, in-person conference. The Court directs the parties to continue the good faith efforts they have commenced under the supervision of Magistrate Judge Francis to resolve disputes regarding finalization of witness, exhibit and deal lists and to advise the Court as to the outcome of any such discussions or conference. The final pretrial conference, to address and resolve any open issues and complete arrangements for trial, shall be held on December 9, 2011 at 1:30 PM, as further set forth within. (Signed by Judge Victor Marrero on 11/4/2011) (ab) (Entered: 11/04/2011)
11/04/2011268 DECISION AND ORDER denying 195 Motion for Release of Brady Materials as to Zevi Wolmark (3): The motion (Docket No. 195) for the identification and disclosure of Brady material of defendants Rubin/Chambers, Dunhill Insurance Services, Inc.; David Rubin; zevi Wolmark a/k/a Stewart Wolmark; and Evan Andrew Zarefsky is DENIED. (Signed by Judge Victor Marrero on 11/4/2011) (ab) (Entered: 11/04/2011)
11/07/2011269 SEALED DOCUMENT placed in vault. (mps) (Entered: 11/07/2011)
11/07/2011270 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky, from Bradley D. Simon, atty for dft David Rubin, dated 11/7/2011, re: updating the court on the issues outlined in Defendants' letters to the Court of last week. No resolution can be reached without immediate intervention by this court. Accordingly, the defendants, once again, request an immediate conference with the Court to discuss the very serious issue of how to move forward, given the significant changes to the government's case. With each day nearer to the scheduled trial, the prejudice to Defendants increases significantly. -- Judge endorsed: The Court's Order dated 11/4/2011 directed the parties to address the matter set forth above to Magistrate Judge Francis in the event they were unable to work out a consensual resolution. The Court reiterates that Order and look forward to receive the Magistrate Judge's recommendation at the earliest time possible. SO ORDERED. (Signed by Judge Victor Marrero on 11/7/2011)(ja) (Entered: 11/07/2011)
11/07/2011271 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. By letter dated October 31, 2011, third parties Martin Stalone, David Eckhart and Investment Management Advisory Group, Inc. (collectively, the "Third Parties") request that the Court seal or redact certain documents filed in this proceeding to protect their privacy interest. Specifically, the Third Parties ask that "Tab A" of Docket No. 252 be removed from the public record and filed under seal. The Third Parties also seek an order directing that all similar materials be filed under seal or redacted and that any hearing related to similar subject matter be closed to the public.... However, the Court finds that the Third Parties' request to seal Tab A of Docket No. 252 was not addressed in the Court's Order, but that it accords with that Order and is warranted to protect the Third Parties' privacy interests. Accordingly, the Clerk of Court is directed to re-file, under seal, Docket No. 252. Additionally counsel for the defendants in this action are directed to re-submit to chambers, within three days of this Order, the letter currently listed as Docket No. 252. This re-submitted letter should be identical to the document concurrently listed as Docket No. 252 with the sole alteration of redacting the material behind Tab A. SO ORDERED. (Signed by Judge Victor Marrero on 11/7/2011)(ja) (Entered: 11/07/2011)
11/07/2011272 MEMO ENDORSEMENT on Third Parties' Letter as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky, requesting that Tab A to Mr. McGovern's letter dated October 11, 2011 and docketed as #252 be sealed to protect our clients' privacy interests, also, we request that this Court: (1) permit our clients to file all similar materials under seal; (2) order similar redactions by all other parties and third parties submitting filings regarding these issues; and (3) conduct the hearing on these issues in a manner that prevents the disclosure of similar details. -- Judge endorsed: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by third parties. SO ORDERED. (Signed by Judge Victor Marrero on 11/7/2011)(ja) (Entered: 11/07/2011)
11/07/2011273 ORDER denying 258 Motion to Seal Document as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1), David Rubin (2), Zevi Wolmark (3), Evan Andrew Zarefsky (4). SO ORDERED. (Signed by Judge Victor Marrero on 11/7/2011) (ja) (Entered: 11/07/2011)
11/07/2011274 SEALED DOCUMENT placed in vault. (mps) (Entered: 11/07/2011)
11/09/2011275 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky, addressed to Judge Victor Marrero, from Michael G. McGovern, atty for dft Zevi Wolmark, dated 11/7/2011, re: Pursuant to the Court's November 7, 2011 Order, enclosed is the Defendants' October 21, 2011 letter submitted to this Court (Dkt. 252) with Tab A redacted. -- Judge endorsed: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. SO ORDERED. (Signed by Judge Victor Marrero on 11/9/2011,)(ja) (Entered: 11/09/2011)
11/09/2011276  MOTION for Lathrop B. Nelson, III to Appear Pro Hac Vice. Document filed by Martin J. Stallone as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (bwa) (bwa). (Entered: 11/09/2011)
11/10/2011277 SEALED DOCUMENT placed in vault. (nm) (Entered: 11/10/2011)
11/10/2011278 SEALED DOCUMENT placed in vault. (nm) (Entered: 11/10/2011)
11/14/2011279 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - REPLY MEMORANDUM OF LAW in Opposition by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 177 MOTION for Protective Order and Evidentiary Hearing. (Reilly, Charles) Modified on 11/15/2011 (ka). (Entered: 11/14/2011)
11/14/2011280 FILING ERROR - DEFICIENT DOCKET ENTRY - Certificate of Service of 279 Reply Memorandum of Law in Opposition to Motion by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Esq., Michael McGovern, Esq., Bradley D. Simon, Esq., Daniel Zelenko, Esq., John S. Siffert, Esq., Walter F. Timpone, Esq., Howard E. Heiss, Esq., Charles Stillman, Esq., Marc L. Mukasey, Esq., Christopher Hall, Esq., Richard L. Scheff, Esq., Ronald H. Levine, Esq., Fred F. Fielding, Esq., Nina Beattie, Esq., Gregory L. Poe, Esq on 11/14/11. (Reilly, Charles) Modified on 11/15/2011 (ka). (Entered: 11/14/2011)
11/14/2011  Minute Entry for proceedings held before Magistrate Judge James C. Francis:Interim Pretrial Conference as to Rubin/Chambers, Dunhill Insurance Services, Inc held on 11/14/2011. (jw) (Entered: 11/16/2011)
11/15/2011  NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Reilly, Charles as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky: to RE-FILE Document 279 Reply Memorandum of Law in Opposition to Motion. Use the document type Reply Memorandum of Law in Support of Motion found under the document list Replies, Opposition and Supporting Documents. (ka) (Entered: 11/15/2011)
11/15/2011  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Reilly as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky: to RE-FILE Document 280 Certificate of Service. ERROR(S): Link to incorrect filing of document#279.***NOTE TO ATTORNEY TO RE-FILE DOCUMENT #279, then refile Certificate of Service. (ka) (Entered: 11/15/2011)
11/15/2011281  REPLY MEMORANDUM OF LAW in Support by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 179 FIRST MOTION for Release of Brady Materials.. (Reilly, Charles) (Entered: 11/15/2011)
11/15/2011282 Certificate of Service of 281 Reply Memorandum of Law in Support of Motion by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Esq., Michael McGovern, Esq., Bradley D. Simon, Esq., Daniel Zelenko, Esq., John S. Siffert, Esq., Walter F. Timpone, Esq., Howard E. Heiss, Esq., Charles Stillman, Esq., Marc L. Mukasey, Esq., Christopher Hall, Esq., Richard L. Scheff, Esq., Ronald H. Levine, Esq., Fred F. Fielding, Esq., Nina Beattie, Esq., Gregory L. Poe, Esq. on 11/14/11. (Reilly, Charles) (Entered: 11/15/2011)
11/16/2011  CASHIERS OFFICE REMARK as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky on 276 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 11/09/2011, Receipt Number 1021467. (jd) (Entered: 11/16/2011)
11/16/2011  Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1) held on 11/16/2011. (bw) (Entered: 11/22/2011)
11/17/2011283 SEALED DOCUMENT placed in vault. (nm) (Entered: 11/17/2011)
11/17/2011284 SEALED DOCUMENT placed in vault. (nm) (Entered: 11/18/2011)
11/22/2011285 NOTICE of Appearance of Abigail Lauer for third-parties IMAGE (Investment Management Advisory Group, Inc.) and David Eckhart as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky (Lauer, Abigail) (Entered: 11/22/2011)
11/22/2011286 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Leave to Appear Pro Hac Vice Attorney: Christopher R. Hall. Document filed by David Eckhart, Investment Management Advisory Group, Inc. as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Proof of Service)(Lauer, Abigail) Modified on 11/22/2011 (db). (Entered: 11/22/2011)
11/22/2011287 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Leave to Appear Pro Hac Vice Attorney: Jenifer L. Beidel. Document filed by David Eckhart, Investment Management Advisory Group, Inc. as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Proof of Service)(Lauer, Abigail) Modified on 11/22/2011 (db). (Entered: 11/22/2011)
11/22/2011  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Abigail Delette Lauer as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky: to MANUALLY RE-FILE Document Document Nos. [286-287] Motion Pro Hac Vice. These documents are not filed via ECF. (db) (Entered: 11/22/2011)
11/22/2011288 SEALED DOCUMENT placed in vault. (mps) (Entered: 11/22/2011)
11/22/2011289 SEALED DOCUMENT placed in vault. (mps) (Entered: 11/23/2011)
11/23/2011290 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Charles V. Reilly and Lucy McClain dated 11/22/11 re: The Government respectfully submits this letter in response to defense counsels' letters dated November 10 and November 16, 2011, seeking a taint hearing and relief related to consensual recordings in this case. The Government also respectfully requests that the Court deny Defendants' request for expansive related relief, including their request to enjoin prosecutors from meeting with cooperating witnesses...ENDORSEMENT...The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. SO ORDERED. (Signed by Judge Victor Marrero on 11/23/11)(jw) (Entered: 11/23/2011)
11/23/2011291 JOINT MOTION in Limine to Exclude Monetary Settlements. Document filed by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Zelenko, Daniel) (Entered: 11/23/2011)
11/23/2011292 MEMORANDUM in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 291 JOINT MOTION in Limine to Exclude Monetary Settlements.. (Zelenko, Daniel) (Entered: 11/23/2011)
11/23/2011293 DECLARATION of Daniel L. Zelenko in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 291 JOINT MOTION in Limine to Exclude Monetary Settlements.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Zelenko, Daniel) (Entered: 11/23/2011)
11/28/2011294 NOTICE of Appearance of Richard L. Scheff on behalf of Movant Martin J. Stallone as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky (Scheff, Richard) (Entered: 11/28/2011)
11/29/2011297  MOTION for Jennifer L. Beidel to Appear Pro Hac Vice. Document filed by David Eckhart, Investment Management Advisory Group, Inc. as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (bwa) (Entered: 11/30/2011)
11/30/2011295 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Upon the Motion to Admit Lathrop B. Nelson, III, Pro Hac Vice, submitted by sponsor Alfred J. Kuffler along with an affidavit in support thereof and certificates of good standing from the State Bars of Pennsylvania and New Jersey, it is HEREBY ORDERED that: Lathrop B. Nelson, III is admitted to practice pro hac vice as counsel for Movant Martin J. Stallone in the above-caption case. (Signed by Judge Victor Marrero on 11/30/2011)(ja) (Entered: 11/30/2011)
11/30/2011296 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky, addressed to Judge Victor Marrero from Daniel L. Zelenko; dated 11/29/2011, re: Counsel for the defendants writes to request that the Court consider Judge Rakoff's opinion in determining the disposition of defendant's motion. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. SO ORDERED. (Signed by Judge Victor Marrero on 11/30/2011) (lnl) (Entered: 11/30/2011)
11/30/2011298 MEMORANDUM in Opposition by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 291 JOINT MOTION in Limine to Exclude Monetary Settlements.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Meiklejohn, Rebecca) (Entered: 11/30/2011)
11/30/2011299 Certificate of Service of 298 Memorandum in Opposition to Motion, by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Esq., Bradley D. Simon, Esq., Michael McGovern, Esq., Daniel Zelenko, Esq. on 11/30/2011. (Meiklejohn, Rebecca) (Entered: 11/30/2011)
12/01/2011300 JOINT MOTION to Exclude all deals, witnesses and exhibits identified after January 18, 2011 from the Government's case-in-chief. Document filed by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Zelenko, Daniel) (Entered: 12/01/2011)
12/01/2011301 MEMORANDUM in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 300 JOINT MOTION to Exclude all deals, witnesses and exhibits identified after January 18, 2011 from the Government's case-in-chief.. (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C, # 4 Ex. D, # 5 Ex. E, # 6 Ex. F, # 7 Ex. G, # 8 Ex. H, # 9 Ex. I, # 10 Ex. J)(Zelenko, Daniel) (Entered: 12/01/2011)
12/01/2011302 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Whereas oral argument has been scheduled to take place on December 2, 2011 at 3:30 p.m. in Courtroom 23B; it is hereby ORDERED that oral argument will begin at 2:30 p.m. on December 2, 2011 in Courtroom 23B. ( Oral Argument set for 12/2/2011 at 02:30 PM in Courtroom 23B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 12/1/2011)(ja) (Entered: 12/01/2011)
12/02/2011303 ORDER granting 297 Motion for Jennifer L. Beidel to Appear Pro Hac Vice as counsel for movants David Eckhart and Investment Management Advisory Group, Inc. (Signed by Judge Victor Marrero on 12/1/2011) (ab) (Entered: 12/02/2011)
12/02/2011304  MOTION for Christoher R. Hall to Appear Pro Hac Vice. Document filed by David Eckhart, Investment Management Advisory Group, Inc. as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (bwa) (pgu). (Entered: 12/05/2011)
12/02/2011  Minute Entry for proceedings held before Judge Victor Marrero:Status Conference as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky held on 12/2/2011. The Court held a conference before Judges Baer, Marrero and Wood related to disputes regarding Brady material and third-party attorney-client privilege claims in three related cases: Untied States v. Rubin/Chambers, Dunhill Insurance Services et al., 09 CR 1058(VM), United States v. Carollo et al., 10 Cr. 654(HB), and United States v. Ghavami et al., 10 CR 1217 (KMW). Defendants in all three cases were represented by counsel of record. Third-party movants were represented by counsel of record. The United States Department of Justice, Antitrust Criminal Division, appeared for the Government, represented by Charles Reilly and Lucy McClain. Court reporter present. Decision reserved. (ja) (Entered: 12/06/2011)
12/05/2011305 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Upon the motion of Saul Ewing LLP, attorneys for movants David Eckhart and Investment Management Advisory Group, Inc., and said sponsor's declaration in support: IT IS HEREBY ORDERED that Christopher R. Hall, Esq., Saul Ewing LLP, Centre Square West, 1500 Market Street, 38th Floor, Philadelphia, PA 19102-2186 is admitted to practice pro hac vice as counsel for movants David Eckhart and Investment Management Advisory Group, Inc. in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. If this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of the Court. (Signed by Judge Victor Marrero on 12/2/2011)(bw) (Entered: 12/05/2011)
12/05/2011306 JOINT REPLY MEMORANDUM OF LAW in Support by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 291 JOINT MOTION in Limine to Exclude Monetary Settlements.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Zelenko, Daniel) (Entered: 12/05/2011)
12/07/2011307 DECISION AND ORDER: The Court has received ten motions in limine from theGovernment and defendants Rubin/Chambers, Dunhill Insurance Services, Inc. ("CDR") ; David Rubin ("Rubin") ; Zevi Wolmark a/k/a Stewart Wolmark ( "Wolmark") ; and Evan Andrew Zarefsky ("Zarefsky") (collectively, "Defendants") related to the upcoming trial in this matter. In resolving these motions,the Court presumes familiarity with all prior decisions and orders in this case.A summary of the parties' requests and the Court's rulings thereon follows... denying 183 Motion in Limine as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1), David Rubin (2); denying 186 Motion in Limine as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1), David Rubin (2); denying 189 Motion in Limine as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1), David Rubin (2); denying 192 Motion in Limine as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1), David Rubin (2); denying 198 Motion to Exclude as to David Rubin (2); denying 200 Motion to Exclude as to David Rubin (2); denying 202 Motion to Exclude as to David Rubin (2); denying 204 Motion to Preclude as to David Rubin (2); denying 206 Motion to Exclude as to David Rubin (2); granting in part and denying in part 208 Motion in Limine as to David Rubin (2) SO ORDERED. (Signed by Judge Victor Marrero on 12/7/2011) (dnd) (Entered: 12/07/2011)
12/07/2011308 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. On December 2, 2011, the Court, in conjunction with the Honorable Harold Baer Jr. and the Honorable Kimba M. Wood, held an oral argument regarding identical motions filed in each of the above-captioned matters... Accordingly, it is hereby ORDERED: 1. That the hearing shall take place on December 20, 2011 at 11:30 a.m. in courtroom 23B; and it is further ORDERED 2. That the Filter Team shall meet and confer withdefendants in each of the above-captioned matters, the IMAGE Parties and the Brune & Richard Party, and all parties shall endeavor to the greatest extent practicable to reach agreement on any outstanding issues and to narrow the scope of disputed issues before the Court; and it is further ORDERED 3. That the parties shall discuss, and to the greatest extent possible concur upon, the following aspects of the hearing: (a) the legal questions to be presented; (b) the factual disputes at issue; (c) the format of the hearing and order of any presentations or testimony; (d) a list of witnesses who will testify; and (e) a list of documentary evidence that will be presented; and it is further ORDERED4. That, by December 16, 2011, the parties shall jointly submit a letter, no more than five pages in length, which presents the parties' agreement as to each of the aspects outlined above. In the absence of an agreement as to aparticular point, the parties shall set forth their respective positions as to the disputed point. This joint letter shall be submitted to the chambers of each judge presiding over the above-captioned matters. SO ORDERED. (Signed by Judge Victor Marrero on 12/7/2011)(dnd) (Entered: 12/07/2011)
12/08/2011318 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re: 304 MOTION for Christoher R. Hall to Appear Pro Hac Vice filed by Investment Management Advisory Group, Inc., David Eckhart. Upon the motion of Saul Ewing LLP, attorneys for movants David Eckhart and Investment Management Advisory Group, Inc., and said sponsor's declaration in support: IT IS HEREBY ORDERED that Christopher R. Hall, Esq. is admitted to practice pro hac vice as counsel for movants David Eckhart and Investment Management Advisory Group, Inc. in the above-captioned case in the Untied States District Court for the Southern District of New York....[See Order]... Counsel shall forward the pro hac vice fee to the Clerk of the Court. SO ORDERED. (Signed by Judge Victor Marrero on 12/7/2011)(bw) (Entered: 12/08/2011)
12/08/2011320 MEMORANDUM in Opposition by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 300 JOINT MOTION to Exclude all deals, witnesses and exhibits identified after January 18, 2011 from the Government's case-in-chief.. (Meiklejohn, Rebecca) (Entered: 12/08/2011)
12/08/2011321 ORDER denying 309 Motion to Continue as to David Rubin (2); denying 309 Motion to Sever Defendant as to David Rubin (2). Before the Court is Defendant Rubin's motion for a continuance, or in the alternative, for severance (Docketed No. 309). Mr. Rubin's papers in support of that motion present the Court with grave and deeply unfortunate news. I am saddened to hear of Mrs. Rubin's turn for the worse and sympathetic to the personal hardship Mr. Rubin faces as he prepares his defense while caring for his children and ailing wife. Therefore, defendant Rubin's motion is denied. Accordingly, David Rubin's Motion for a continuance or, in the Alternative, for severance (Docket No. 309) is DENIED. SO ORDERED.. (Signed by Judge Victor Marrero on 12/8/11) (jw) (Entered: 12/09/2011)
12/09/2011  Minute Entry for proceedings held before Judge Victor Marrero: Pretrial Conference as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1), David Rubin (2), Zevi Wolmark (3) a/k/a "Stewart Wolmark", Evan Andrew Zarefsky (4) held on 12/9/2011. The Court held a final pretrial conference. Defendant David Rubin was represented by Bradley Simon. Counsel Richard Beckler appeared on behalf of defendant CDR. Defendant Stewart Wolmark was represented by Michael McGovern. Defendant Evan Andrew Zarefsky was represented by Jeffrey H. Rutherford. United States Department of Justice, Antitrust Criminal Division, appeared for the Government, represented by Rebecca Meiklejohn. Court reporter present. (bw) (Entered: 12/12/2011)
12/13/2011  CASHIERS OFFICE REMARK as to Rubin/Chambers, Dunhill Insurance Services, Inc. on 297 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 11/29/2011, Receipt Number 1023039. (jd) (Entered: 12/13/2011)
12/13/2011  CASHIERS OFFICE REMARK as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky on 304 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 12/02/2011, Receipt Number 1023360. (jd) (Entered: 12/13/2011)
12/14/2011324 SEALED DOCUMENT placed in vault. (mps) (Entered: 12/14/2011)
12/14/2011325 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judges Harold Baer, Jr., Victor Marrero, and Kimba Wood, from John S. Siffert, dated 12/14/2011, re: in response to the government's letter to the Court this morning, on behalf of counsel for defendants and the Image privilege claimants.... In view of the government's decision prematurely to submit its position statement on the hearing, we provide our current draft of Counsel's Position. The section dealing with witnesses, affidavits and documents may change depending on further resolution of the Joint Statement section. The section of the government's letter captioned "Areas of Agreement" does not accurately recite the areas that the parties have agreed upon. We will continue to work with the government to agree upon the Joint Statement section... -- Judge endorsed: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants and third parties. SO ORDERED. (Signed by Judge Victor Marrero on 12/14/2011)(ja) Modified on 12/14/2011 (ja). (Entered: 12/14/2011)
12/14/2011326 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judges Harold Baer, Jr., Victor Marrero, and Kimba Wood, from John S. Siffert, dated 12/14/2011, re: on behalf of the defendants and the Image privilege holders ("Counsel") request that this Court order the government to produce certain witnesses, affidavits and related Giglio material for the hearing now scheduled for December 20, 2011.... -- Judge endorsed: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants and third parties. SO ORDERED. (Signed by Judge Victor Marrero on 12/14/2011)(ja) (Entered: 12/14/2011)
12/14/2011327 DECISION AND ORDER granting in part and denying in part 291 Motion in Limine as to Evan Andrew Zarefsky (4). Before the Court is the motion to exclude evidence relating to monetary settlements of financial institutions (Docket No. 291) submitted by defendants Rubin/Chambers, Dunhill Insurance Services, Inc. ("CDR") ; David Rubin ("Rubin") ; Zevi Wolmark a/k/a Stewart Wolmark ( "Wolmark"); and Evan Andrew Zarefsky ( "Zarefsky") ( collectively, "Defendants"). In resolving this motion, the Court presumes familiarity with the docket and all prior decisions and orders in this case. After carefully considering the arguments presented by the parties' memoranda and the facts set forth in those and the accompanying papers, and for the reasons discussed below, Defendants' motion is DENIED, in part, and GRANTED, in part.... SO ORDERED. (Signed by Judge Victor Marrero on 12/14/2011) (ja) (Entered: 12/14/2011)
12/14/2011328 Letter by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judges Victor Marrero, Harold Baer, Jr., and Kimba M. Wood from Attorney Lucy P. McClain, Antitrust Division (Philadelphia Field Office), U.S. Department of Justice, dated December 14, 2011 re: The Government specifically submits this letter pursuant to the Court's Order of December 7, 2011 directing the parties to agree on: (a) the legal questions to be presented; (b) the factual disputes at issue; (c) the format of the hearing and order of any presentations or testimony; (d) a list of witnesses who will testify; and (e) a list of documentary evidence that will be presented at the hearing scheduled for December 20, 2011. Despite the Government's best efforts to achieve resolution of these issues, as of late yesterday, the parties have been unable to agree on a joint letter. Therefore, the Government is submitting its letter separately. JUDGE'S ENDORSEMENT: The Clerk of the Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. So Ordered. (Signed by Judge Victor Marrero on 12/14/2011) [*** NOTE: This letter refers to Cases, 10-CR-654(HB), 10-CR-1217(KMW) also. ***] (bw) (Entered: 12/15/2011)
12/15/2011329 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. On December 2, 2011, this Court orally ordered that an evidentiary hearing be held on December 20, 2011 to further develop the factual record as to the management of certain confidential informants and any potential related intrusion into any privilege during the government investigation related to the three above-captioned prosecutions (the "Hearings"). By letter dated December 14, 2011, third parties Investment Management Advisory Group, Inc., David Eckhart, and Martin Stallone (the "IMAGE Parties"), on behalf of themselves and the defendants in the three above-captioned matters, request an Order directing the Government to produce affidavits from two of the six pertinent confidential informants and to arrange for the in-person testimony of the four other confidential informants at the Hearing....[See Order]... Accordingly, it is hereby ORDERED that the Government shall submit, by December 19, 2011, from each of the six confidential informants, affidavits that set forth each confidential informant's personal knowledge as to the limited factual issue of whether Government attorneys, investigating agents or any confidential informant sought to elicit privileged material during consensual recordings collected in the investigation related to the three above-captioned prosecutions. SO ORDERED. (Signed by Judge Victor Marrero on 12/15/2011) [*** NOTE: Also docketed in Cases, 10-CR-654(HB), 10-CR-1217(KMW). ***] (bw) (Entered: 12/15/2011)
12/15/2011330 ORDER: As to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. By letter dated December 15, 2011, third parties Investment Management Advisory Group 1 Inc., David Eckhart, and Martin Stallone (the "IMAGE Parties") request that the Court order the Government to produce to the IMAGE Parties the discovery that the Government has already produced in anticipation of the hearing scheduled for December 20, 2011 (the "Hearing") to defendants in the three above-captioned matters. The Government, by letter dated December 15, 2011, objects to such production and asserts that the IMAGE Parties lack standing to participate in the Hearing. Because the Court determines that the participation of the IMAGE Parties at the Hearing would assist in the factual development of the issues to be the subject of the Hearing, it is hereby ORDERED that the Government produce to the IMAGE Parties any discovery materials it has already produced to the defendants in the three above-captioned matters to the extent that such discovery pertains to any role of the IMAGE Parties in the underlying events and would be relevant to the participation at the Hearing. SO ORDERED. (Signed by Judge Victor Marrero on 12/15/2011)(dnd) (Entered: 12/15/2011)
12/15/2011331 Letter by Martin J. Stallone, David Eckhart, Investment Management Advisory Group, Inc. as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Attorney Richard L. Scheff, Attorney Christopher R. Hall, Attorney Fred F. Fielding, dated December 15, 2011 re: We repersent the IMAGE Movants in connection with the above-referenced matters and write to address the position recently taken by the government that the Privilege Claimants have no right to participate in the December 20 hearing. JUDGE'S ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to Court by the IMAGE Movants. So Ordered. (Signed by Judge Victor Marrero on 12/15/2011) (bw) (Entered: 12/16/2011)
12/15/2011332 Letter by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Attorney Lucy McClain of Antitrust Division (Philadelphia Field Office) dated December 15, 2011 re: We write respectfully in response to the IMAGE movants' letter of earlier this day, which seeks disclosure of materials that the Government has produced to counsel for the defendants in the above-referenced cases in advance of the December 20, 2011 hearing. JUDGE'S ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to Court by the Government. So Ordered. (Signed by Judge Victor Marrero on 12/15/2011) (bw) (Entered: 12/16/2011)
12/15/2011333 Letter by Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Attorney John S. Siffert dated December 15, 2011 re: We write respectfully to request the Court direct the government to produce all of the Giglio material ordered at the December 2 hearing. We do not believe there is a valid basis to withhold the contested documents from the hearing. JUDGE'S ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to Court by the defendants. So Ordered. (Signed by Judge Victor Marrero on 12/15/2011) (bw) (Entered: 12/16/2011)
12/16/2011334 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. By letter dated December 15, 2011, defendants request that the Court order the Government to produce, in anticipation of the hearing scheduled in the three above-captioned matters for December 20, 2011 (the "Hearing"), any Giglio material related to the Hearing that the Government has withheld on the basis of various privileges. To fulfill the purposes of the Hearing, as set forth in related orders of the Court and on the record at the December 2, 2011 hearing, it is hereby ORDERED that the Government shall, as soon as possible after the entrance of this order, produce any materials that are relevant to the issues to be discussed at the Hearing, including Giglio material as to the witnesses to be examined at the Hearing. This order does not, however, compel the Government to produce material that is covered by work product or other protections and is not relevant to the issues to be discussed at the Hearing. To the extent that the Government must redact materials to minimize the disclosure of protected information while fulfilling its obligation to produce material relevant to the Hearing, it may do so. SO ORDERED. (Signed by Judge Victor Marrero on 12/16/2011) [*** NOTE: Also docketed in Cases, 10-CR-654(HB), 10-CR-1217(KMW). ***] (bw) (Entered: 12/16/2011)
12/19/2011335 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Harold Baer, Jr., Judge Victor Marrero and Judge Kimba M. Wood from John S. Siffert dated 12/16/2011 re: Counsel for the Defendants and Third-Party privilege claimants writes to enclose their version of the proposed Joint Statement, including their version of the Areas of Agreement and a revised Counsel's Statement. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants and their parties. (Signed by Judge Victor Marrero on 12/19/2011) (ab) (Entered: 12/19/2011)
12/19/2011336 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Harold Baer, Jr., Judge Victor Marrero and Judge Kimba M. Wood from Laura Heiser and Lucy McClain dated 12/16/2011 re: The Government writes to request that defense counsel's request for the documents be denied because the defense is seeking documents that are not relevant to the limited purposes of the December 20 hearing and that are protected by several government privileges. ENDORSEMENT: The Clerk of Court is directed to enter in to the public record of this action the letter above submitted to the Court by the Government. (Signed by Judge Victor Marrero on 12/19/2011) (ab) (Entered: 12/19/2011)
12/19/2011337 Proposed Jury Instructions by Zevi Wolmark as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (McGovern, Michael) (Entered: 12/19/2011)
12/19/2011338 Proposed Voir Dire Questions by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Attachments: # 1 Exhibit, # 2 Exhibit)(Zelenko, Daniel) (Entered: 12/19/2011)
12/19/2011339 PROPOSED EXAMINATION OF JURORS by Evan Andrew Zarefsky as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Attachments: # 1 Exhibit)(Zelenko, Daniel) (Entered: 12/19/2011)
12/19/2011340 TRIAL BRIEF by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Meiklejohn, Rebecca) (Entered: 12/19/2011)
12/19/2011341 Proposed Voir Dire Questions by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Meiklejohn, Rebecca) (Entered: 12/19/2011)
12/19/2011342 REQUEST FOR SPECIAL FINDINGS OF FACT Special Verdict Forms by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Meiklejohn, Rebecca) (Entered: 12/19/2011)
12/19/2011365  MOTION for Fred F. Fielding to Appear Pro Hac Vice. Document filed by Martin J. Stallone, David Eckhart, Investment Management Advisory Group, Inc. as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (bwa) (Entered: 12/29/2011)
12/20/2011343 Proposed Jury Instructions by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Attachments: # 1 Supplement Part 1 of 2, # 2 Supplement Part 2 of 2)(Meiklejohn, Rebecca) (Entered: 12/20/2011)
12/20/2011344 Certificate of Service of 343 Proposed Jury Instructions by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Esq., Michael McGovern, Esq., Bradley D. Simon, Esq., Daniel Zelenko, Esq. on 12/19/2011. (Meiklejohn, Rebecca) (Entered: 12/20/2011)
12/20/2011345 Certificate of Service of 340 Trial Brief by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Esq., Michael McGovern, Esq.,Bradley D. Simon, Esq., Daniel Zelenko, Esq. on 12/19/2011. (Meiklejohn, Rebecca) (Entered: 12/20/2011)
12/20/2011346 Certificate of Service of 342 Request for Special Findings of Fact by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Esq., Michael McGovern, Esq.,Bradley D. Simon, Esq., Daniel Zelenko, Esq. on 12/19/2011. (Meiklejohn, Rebecca) (Entered: 12/20/2011)
12/20/2011347 Certificate of Service of 341 Proposed Voir Dire Questions by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Document was served on Richard W. Beckler, Esq., Michael McGovern, Esq.,Bradley D. Simon, Esq., Daniel Zelenko, Esq. on 12/19/2011. (Meiklejohn, Rebecca) (Entered: 12/20/2011)
12/21/2011349 DECISION AND ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Before the Court is a motion in limine submitted jointly by defendants Rubin/Chambers, Dunhill Insurance Services, Inc. ("CDR"); David Rubin ("Rubin"); Zevi Wolmark a/k/a Stewart Wolmark ("Wolmark"); and Evan Andrew Zarefsky ("Zarefsky") (collectively, "Defendants") to exclude from evidence all deals, witnesses and exhibits identified after January 18, 2011 (Docket No. 300)....[See Order]... III. ORDER: For the reasons discussed above, it is hereby ORDERED that the motion (Docket No. 300), of defendants Rubin/Chambers, Dunhill Insurance Services, Inc.; David Rubin; Zevi Wolmark a/k/a Stewart Wolmark; and Evan Andrew Zarefsky, to exclude all deals, witnesses and exhibits identified after January 18, 2011 is DENIED. SO ORDERED. (Signed by Judge Victor Marrero on 12/20/2011)(bw) (Entered: 12/21/2011)
12/21/2011350 Letter by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero, Judge Harold Baer, Jr., and Judge Kimba M. Wood from Lucy McClain, Trial Attorney, Antitrust Division, U.S. Department of Justice, dated December 19, 2011 re: The Government submits this letter in response to defense counsel's letter that was docketed today in the above-referenced cases, in which they assert that "government repeatedly declined Counsel's invitation to conduct its own investigation of what occurred and to put before the Court a full record of what happened." As the Government has demonstrated in its prompt disclosure of thirteen affidavits and more than 1,200 pages of material, much of which is internal Department of Justice correspondence, nothing could be farther from the truth. JUDGE'S ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. So Ordered. (Signed by Judge Victor Marrero on 12/20/2011) [*** This letter refers to Cases, 09-CR-1058, 10-CR-654, and 10-CR-1217. ***] (bw) (Entered: 12/21/2011)
12/21/2011351 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Baer, Marrero, and Wood, from Christopher N. Manning, atty for UBS, dated 12/19/2011, re: request that UBS be permitted to intervene in the above-referenced matters for the limited purpose of asserting its privilege over certain communications that the Court is considering whether to disclose to the defendants. -- Judge endorsed: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by third party UBS entities. SO ORDERED. (Signed by Judge Victor Marrero on 12/20/2011)(ja) (Entered: 12/21/2011)
12/21/2011364  MOTION for Amanda Nicole Raad to Appear Pro Hac Vice. Document filed by Zevi Wolmark as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (bwa) (Entered: 12/29/2011)
12/22/2011352 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. In the matter of an application to bring an electronic device(s) into the Daniel Patrick Moynhan US Courthouse for use in a trial or proceeding. I hereby authorized the following atty(s) to bring the General Purpose Computing Device(s) listed below into the Courthouse for use in a trial or proceeding in the action entitled US v. Rubin/Chambers, Dunhill Ins. Servs., Inc., et al No. S1 09cr1058 (VM). Atty Alyssa Ziegler can bring Three Laptops. SO ORDERED. (Signed by Judge Victor Marrero on 12/22/11)(jw) (Entered: 12/22/2011)
12/22/2011353 SEALED DOCUMENT placed in vault. (nm) (Entered: 12/22/2011)
12/22/2011354 SEALED DOCUMENT placed in vault. (nm) (Entered: 12/22/2011)
12/22/2011355 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc. I hereby authorize the following atty(s) to bring the General Purpose Computing Device(s) listed below into the Courthouse for use in a trial or proceeding in the action entitled which is anticipated to begin on December 29, 2011 and conclude on December 29, 2011. Attorney: Adam Katz and 2 Laptops. SO ORDERED. (Signed by Judge Victor Marrero on 12/22/11)(jw) (Entered: 12/22/2011)
12/22/2011356 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc. I hereby authorize the following atty(s) to bring the General Purpose Computing Device(s) listed below into the Courthouse for use in a trial or proceeding in the action entitled which is anticipated to begin on December 29, 2011 and conclude on December 29, 2011. Atty: Shamiso Maswoswe Laptop, Blackberry, Cellphone: Atty: Dan Zelenko Laptop: Atty: Jeffrey Rutherford Laptop, Blackberry, IPhone. SO ORDERED. (Signed by Judge Victor Marrero on 12/22/11)(jw) (Entered: 12/22/2011)
12/22/2011357 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky: Because the Government has not sought to disclose to defendants the recording identified by UBS, any privilege or protection held by UBS is not currently at issue in the proceedings before the Court in the above-captioned matters. Accordingly, at this time, the request of UBS is DENIED. (Signed by Judge Victor Marrero on 12/22/2011) Filed in 10 Cr. 1217(KMW) and 10 Cr. 654(HB). (ab) (Entered: 12/22/2011)
12/22/2011376 STANDING ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. At its meeting of February 17, 2010, the Board of Judges of the Southern District of New York approved adoption of the following standing order of the court and attached standard form of order, effective April 1, 2010. The District Executive's Office will issue an appropriate Service Pass to an attorney who has been admitted to the Bar of this Court and presents a valid State Unified Court System Attorney Service Pass. I hereby authorize the following attorney(s) to bring the General Purpose Computing Device(s) ("GPCD") listed below into the Courthouse for use in a trial or proceeding in the action entitled U.S. v. Rubin/Chambers, et al. No. 09-CR-1058 which is anticipated to begin on January 3, 2012 and conclude on March 10, 2012. SO ORDERED. (Signed by Judge Victor Marrero on 12/22/11)(jw) (Entered: 01/05/2012)
12/23/2011358 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Simon & Partners, LLP dated 12/22/2011 re: Counsel writes to update the Court on Mr. Rubin's wife's condition. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant David Rubin. (Signed by Judge Victor Marrero on 12/23/2011) (ab) (Entered: 12/23/2011)
12/23/2011359 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Rebecca Meiklejohn dated 12/22/2011 re: The Government writes to request that the Court authorize them to arrange for the provision of secure, high-speed, wired internet connection and a remote real-time transcript feed. ENDORSEMENT: SO ORDERED. (Signed by Judge Victor Marrero on 12/23/2011) (ab) (Entered: 12/23/2011)
12/23/2011360 ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky: The Court authorizes Eric C. Hoffmann to bring 3 laptops and a blackberry into the Courthouse for us in a trial or proceeding in the action, which is anticipated to begin and end on 12/29/2011. (Signed by Judge Victor Marrero on 12/23/2011) (ab) (Entered: 12/23/2011)
12/23/2011361 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark and Evan Andrew Zarefsky addressed to Judge Victor Marrero from Laura Heiser and Lucy McClain dated 12/23/2011 re: The Government submits this letter in response to the Court's request that it summarize the evidence produced at the December 20,2011 hearing and inform the Court of the relevance of any consensual recording to any of the three filed cases. ENDORSEMENT: The Clerk of the Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. (Signed by Judge Victor Marrero on 12/23/2011) (ab) (Entered: 12/23/2011)
12/23/2011362 ENDORSED LETTER: As to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Rebecca Meiklejohn dated 12/22/2011. re: The Government writes respectfully, to request permission to deliver and set up certain audio/visual equipment in advance of trial in this matter, specifically on Thursday, December 29, 2011. The Court's clerk, Rob Weinstock, informed us that our proposed date is acceptable to the Court. We also contacted defense counsel regarding their availability to test their audio/visual equipment on that date and they have no objection. ENDORSEMENT: So Ordered. (Signed by Judge Victor Marrero on 12/23/2011)(dnd) (Entered: 12/27/2011)
12/28/2011363 ORDER: In The Matter of An Application To Bring An Electronic Device(s) Into The Daniel Patrick Moynihan United States Courthouse For Use In A Trial Or Proceeding. as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. I hereby authorize the following attorney(s) to bring the General Purpose Computing Device(s) ("GPCD") listed below into the Courthouse for use in a trial or proceeding in the action entitled United States v. Rubin/Chambers, Dunhill Ins. Servs., Inc., et al., No. S1 09 Cr. 1058(VM), which is anticipated to begin on January 3, 2012 and conclude on March 16, 2012. [See Order for details]. SO ORDERED: (Signed by Judge Victor Marrero on 12/28/2011)(bw) (Entered: 12/28/2011)
12/28/2011366 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Richard W. Beckler dated 12/28/2011. re: In The Matter of an Application to Bring an Electronic Device into the Daniel Patrick Moynihan United States Courthouse for Use in a Trial or Proceeding. Attached is a proposed order authorizing the listed attorney(s) to bring in General Purpose Computing Devices for use during trial in the action entitled United States v. Rubin/Chambers, Dunhill Ins. Servs., Inc., et al., No. 09-cr-1058 (VM). The request is being made for the anticipated trial schedule commencing January 3, 2012 and concluding March 16, 2012. Endorsement: The attorney(s) identified in this Order must present a copy of this Order when entering the Courthouse. Their bringing of the equipment into the building constitutes a certification by them that the electronic device(s) lack (a) the capacity to make or record images or sounds or to send or receive wireless transmissions, and(b) one or more infrared ports or, alternatively, that any such capability or ports have been disabled... SO ORDERED. (Signed by Judge Victor Marrero on 12/28/2011)(dnd) (Entered: 12/29/2011)
12/30/2011367 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc. addressed to Judge Victor Marrero from Michael G. McGovern dated 12/30/11 re: to respectfully request that the following individuals be permitted to bring in personal electronic devices for use during the above captioned matter...ENDORSEMENT..SO ORDERED. (Signed by Judge Victor Marrero on 12/30/11)(jw) (Entered: 12/30/2011)
12/30/2011368 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc. addressed to Judge Victor Marrero from Eric C. Hoffmann dated 12/30/11 re: Enclosed please find a proposed order authorizing the listed attorneys to bring laptop computers. BlackBerry devices, and other mobile phones for use during the anticipated duration of the trial in the matter of United States v. Rubin/Chambers, Dunhill Ins. Servs., Inc., S1 09 Cr 1058 VM)...ENDORSEMENT...SO ORDERED. (Signed by Judge Victor Marrero on 12/30/11)(jw) (Entered: 12/30/2011)
12/30/2011369 Letter by Rubin/Chambers, Dunhill Insurance Services, Inc. addressed to Judge Victor Marrero from Adam Katz dated 12/29/11 re: In the Matter of an Application to Bring an Electronic Device(s) into the Daniel Patrick Moynihan United States Courthouse for Use in a Trial or Proceeding. Enclosed, please find a proposed order, authorizing the listed attorneys to bring electronic devices in the courtroom, for use during trial in United States v. Rubin/Chambers, Dunhill Ins. Servs, inc., Sl 09 Cr. 1058 (VM). (jw) (Entered: 12/30/2011)
12/30/2011370 Letter by Rubin/Chambers, Dunhill Insurance Services, Inc, addressed to Judge Victor Marrero from Shamiso Maswoswe dated 12/30/11 re: Pursuant to my conversation with chambers on December 29, 2011, attached please find counsel for Evan Zarefsky's proposed order authorizing the listed attorneys to bring General Purpose Computing Devices for use in United States v. Rubin/Chambers, Dunhill Ins. Servs., Inc., S1 09 Cr. 1058 (VM) (JCF). The proposed order is submitted in anticipation of the trial scheduled to commence in this matter on January 3, 2012 and concluding on or about March 16, 2012, and was originally submitted on December 22, 2011. Please note, however, that the attached proposed order varies slightly from the order as originally submitted. (jw) (Entered: 12/30/2011)
12/30/2011371 OPINION & ORDER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. Before the Court is the request of all defendants in the three above-captioned matters for this Court to determine whether the way in which the government used confidential informants to record certain conversations with targets of its investigation tainted the prosecution of defendants in each case such that some remedy is appropriate. Having held a taint hearing on December 20, 2011 and after reviewing all the evidence submitted to the Court, we conclude that the defendants have not sustained their burden to show specific evidence of taint in a substantial portion of any of the three above-captioned matters. Therefore, their request for relief arising out of any taint issues is DENIED. (Signed by Judge Victor Marrero on 12/30/11)(jw) (Entered: 12/30/2011)
12/30/2011  Minute Entry for proceedings held before Judge Victor Marrero: Change of Plea Hearing as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin held on 12/30/2011. The Court held a conference for the purposes of a change of plea on behalf of defendants David Rubin and Rubin/Chambers, Dunhill Insurance Services, Inc. et al. (CDR). Defendant David Rubin was represented by Bradley Simon and Adam Katz. Defendant CDR was represented by Richard Beckler. United States Department of Justice, Antitrust Criminal Division, appeared for the Government, represented by Rebecca Meiklejohn. Court reporter present. Defendants David Rubin and CDR plead guilty to Counts One, Two and Six of the Superseding Indictment in this case. Sentencing for defendants David Rubin and CDR is set for April 27, 2012 at 3:00 p.m. ( Sentencing set for 4/27/2012 at 03:00 PM before Judge Victor Marrero.) (ja) (Entered: 01/03/2012)
12/30/2011  Change of Not Guilty Plea to Guilty Plea as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1) Counts 1s, 2s, 6s and David Rubin (2) Counts 1s, 2s, 6s. (ja) (Entered: 01/03/2012)
12/30/2011  Minute Entry for proceedings held before Judge Victor Marrero: Plea entered by Rubin/Chambers, Dunhill Insurance Services, Inc. (1) of Guilty as to Counts 1s, 2s, 6s and David Rubin (2) of Guilty as to Counts 1s, 2s, 6s. (ja) (Entered: 01/03/2012)
12/30/2011384 MEMO ENDORSEMENT as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky on "Minutes of A Meeting of the Board of Directors" dated December 30, 2011 signed by David Rubin. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant Rubin/Chambers, Dunhill Insurance Services, Inc., Case No. 09 Cr. 1058. So Ordered. (Signed by Judge Victor Marrero on 12/30/2011)(bw) (Entered: 01/10/2012)
01/03/2012372 ORDER FOR ADMISSION PRO HAC VICEgranting 364 Motion for Amanda Nicole Raad to Appear Pro Hac Vice as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1). The motion of Amanda N. Raad, for admission to practice Pro Hac Vice in the above captioned action is granted. Applicant has declared that she is a member in good standing of the bar of the state of Illinois; and that her contact information is as follows: Amanda Nicole Raad, Ropes & Gray LLP, 111 South Wacker Drive, Chicago, IL 60606T: (312) 845-1215, F: (312) 845-5514. Applicant having requested admission Pro Hac Vice to appear for all purposes as counsel for Zevi Wolmark, aka Stewart Wolmark, in the above entitled action.. (Signed by Judge Victor Marrero on 12/29/11) (jw) (Entered: 01/03/2012)
01/03/2012373 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION as to Rubin/Chambers, Dunhill Insurance Services, Inc. it is HEREBY ORDERED that: Fred F. Fielding Morgan, Lewis, & Bockius LLP, 1111 Pennsylvania A venue, NW, Washington, DC 20004, Telephone: (202) 739-3000, Fax: (202) 739-3001, ffielding@morganlewis.comis admitted to practice pro hac vice as counsel for Movants Investment Management Advisory, Group, Inc., David Eckhart, and Martin J. Stallone in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Victor Marrero on 12/30/11)(jw) (Entered: 01/03/2012)
01/03/2012  Attorney update in case as to Movants Investment Management Advisory Group, Inc., David Eckhart, and Martin J. Stallone in the above-captioned case in the United States District Court for the Southern District of New York.(jw) (Entered: 01/03/2012)
01/03/2012374 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Daniel L. Zelenko dated 12/29/11 re: As the Court knows, Defendants had requested that the Court accommodate Defendants' religious, family, and work commitments by holding trial Monday through Thursday, and taking Fridays off. Such a schedule would allow Defendants the opportunity to return to Los Angeles on the weekends. By contrast, having trial on Fridays would require that two of the Defendants stay in New York for the weekend, because their religious beliefs prohibit them from traveling on the Sabbath...ENDORSEMENT...The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. SO ORDERED. (Signed by Judge Victor Marrero on 12/30/11)(jw) (Entered: 01/03/2012)
01/04/2012  CASHIERS OFFICE REMARK as to Rubin/Chambers, Dunhill Insurance Services, Inc. on 373 Order,, in the amount of $200.00, paid on 12/19/2011, Receipt Number 1024795. (jd) (Entered: 01/04/2012)
01/05/2012  CASHIERS OFFICE REMARK as to Rubin/Chambers, Dunhill Insurance Services, Inc. on 372 Order on Motion to Appear Pro Hac Vice,, in the amount of $200.00, paid on 12/21/2011, Receipt Number 1025087. (jd) (Entered: 01/05/2012)
01/06/2012379 PLEA AGREEMENT as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin. (jw) (Entered: 01/06/2012)
01/06/2012380 ORDER denying 213 Motion for Release of Brady Materials as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1), David Rubin (2), Zevi Wolmark (3), Evan Andrew Zarefsky (4); denying 179 Motion for Release of Brady Materials as to Rubin/Chambers, Dunhill Insurance Services, Inc. (1), David Rubin (2), Zevi Wolmark (3), Evan Andrew Zarefsky (4). ORDERED that motions discussed above, listed at docket numbers 177, 179 and 213, are denied as moot, and the Clerk of Court is instructed to terminate these motions. (Signed by Judge Victor Marrero on 1/6/12) (jw) (Entered: 01/06/2012)
01/06/2012381 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc. addressed to Judge Victor Marrero, Judge Kimba M. Wood, and Judge Harold Baer, Jr from Charles V. Reilly dated 12/16/11 re: Pursuant to the Court's order at the hearing on December 2, the Government has conferred with counsel for the privilege claimants and reached agreement on the Court's proposed redactions of the excerpted Brady material within potentially privileged communications. The Government respectfully submits a binder with the parties' agreed upon redactions, with the revised Brady material in bold font for the Court's review. The Government, with adequate notice to the privilege claimants, intends to provide the defendants in the referenced cases with redacted transcripts showing the revised Brady material. The redacted transcripts will, with the exception of the disclosure of the revised Brady material, conform with redacted tapes that have already been provided to the defendants in the three cases..ENDORSEMENT..The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. SO ORDERED (Signed by Judge Victor Marrero on 1/6/12)(jw) (Entered: 01/06/2012)
01/10/2012385 TRANSCRIPT of Proceedings as to Rubin/Chambers, Dunhill Insurance Services, Inc. held on 11/20/2011 before Judge Victor Marrero. (pl) (Entered: 01/12/2012)
01/19/2012386  MOTION for Discovery of Claimed Privileged Material. Document filed by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky. (Attachments: # 1 Text of Proposed Order)(Reilly, Charles) (Entered: 01/19/2012)
01/19/2012387 MEMORANDUM in Support by USA as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky re 386 MOTION for Discovery of Claimed Privileged Material.. (Reilly, Charles) (Entered: 01/19/2012)
02/01/2012390 ENDORSED LETTER as to Rubin/Chambers, Dunhill Insurance Services, Inc., David Rubin, Zevi Wolmark, Evan Andrew Zarefsky addressed to Judge Victor Marrero from Attorney Christopher R. Hall dated January 30, 2012 re: We write on behalf of third-party movants IMAGE, David Eckhart, and Martin J. Stallone (collectively, "the IMAGE Movants"). On January 17, 2012, the Court ordered the Clerk to docket a letter from the government dated January 13, 2012. That letter refers and responds in detail to a letter submitted by us dated January 11, 2012 regarding our assertion of privilege over information contained on consensual recordings made by the government. After Your Honor's Order, the letter was erroneously docketed on Judge Baer's docket in United States v. Carollo at Docket Number 117, but was not docketed in Your Honor's CDR case. The Clerk has since removed the document from Judge Baer's docket, but has not yet added the letter to Your Honor's docket in the CDR case.... With the consent of the government (copied), we respectfully request that the Court withdraw its order to the Clerk and instead direct the Clerk not to docket the government's letter dated January 13, 2012. ENDORSEMENT: Request GRANTED. The Clerk of Court is directed to remove from the docket of this matter the letter from the Government dated 1-13-12 specified above for the reasons stated. SO ORDERED: (Signed by Judge Victor Marrero on 2/1/2012)(bw) (Entered: 02/01/2012)