APPEAL,CLOSED

U.S. District Court
Northern District of New York - Main Office (Syracuse) [LIVE - Version 5.0.3] (Syracuse)
CRIMINAL DOCKET FOR CASE #: 5:09-cr-00319-DNH All Defendants


Case title: USA v. Certified Environmental Services, Inc. et al

Date Filed: 05/28/2009
Date Terminated: 11/08/2011

Assigned to: Judge David N. Hurd
Appeals court case numbers: 11-4872 (LEAD) 2nd Circuit, 11-4968 (XAP) 2nd Circuit

Defendant (1)
Certified Environmental Services, Inc.
TERMINATED: 11/03/2011
represented byDaniel J. French
French, Alcott Law Firm
300 S. State Street
Syracuse, NY 13202
315-413-4050
Fax: 315-413-4055
Email: dfrench@frenchalcott.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Gabriel M. Nugent
Hiscock, Barclay Law Firm - Syracuse Office
One Park Place
300 South State Street
Syracuse, NY 13202-2078
315-425-2836
Fax: 315-703-7361
Email: gnugent@hblaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
42:7412.F - AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS
(1)
42:7412.F - AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS
(1s)
Deft corporation sentenced to five years Probation with standard and special conditions on Counts 1 through 15 of the Superseding Indictment . All terms to be served concurrently. Deft corporation further ordered to make restitution in the amount of $117,101.96 to the victims. In addition, $23,420 of the total restitution to be paid jointly and severally with Nicole Copeland; $5,855 of the total restitution to be paid jointly and severally with Sandy Allen; $5,855 of the total restitution to be paid jointly and severally with Elisa Dunn; and $3,703.50 of the total restitution is to be paid jointly and severally with Frank Onoff. Deft corporation fined the sum of $20,000. to be paid in full no later than January 1, 2012. Special assessment in the amount of $6,000 also imposed and due immediately. Parties advised of their right to appeal.
42:7413.F - FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2-7)
42:7413.F - FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2s-7s)
Deft corporation sentenced to five years Probation with standard and special conditions on Counts 1 through 15 of the Superseding Indictment . All terms to be served concurrently. Deft corporation further ordered to make restitution in the amount of $117,101.96 to the victims. In addition, $23,420 of the total restitution to be paid jointly and severally with Nicole Copeland; $5,855 of the total restitution to be paid jointly and severally with Sandy Allen; $5,855 of the total restitution to be paid jointly and severally with Elisa Dunn; and $3,703.50 of the total restitution is to be paid jointly and severally with Frank Onoff. Deft corporation fined the sum of $20,000. to be paid in full no later than January 1, 2012. Special assessment in the amount of $6,000 also imposed and due immediately. Parties advised of their right to appeal.
18:1341.F - FRAUDS AND SWINDLES
(8-13)
18:1341.F - FRAUDS AND SWINDLES
(8s-13s)
Deft corporation sentenced to five years Probation with standard and special conditions on Counts 1 through 15 of the Superseding Indictment . All terms to be served concurrently. Deft corporation further ordered to make restitution in the amount of $117,101.96 to the victims. In addition, $23,420 of the total restitution to be paid jointly and severally with Nicole Copeland; $5,855 of the total restitution to be paid jointly and severally with Sandy Allen; $5,855 of the total restitution to be paid jointly and severally with Elisa Dunn; and $3,703.50 of the total restitution is to be paid jointly and severally with Frank Onoff. Deft corporation fined the sum of $20,000. to be paid in full no later than January 1, 2012. Special assessment in the amount of $6,000 also imposed and due immediately. Parties advised of their right to appeal.
18:1001.F - STATEMENTS OR ENTRIES GENERALLY
(14-16)
18:1001.F - STATEMENTS OR ENTRIES GENERALLY
(14s-15s)
Deft corporation sentenced to five years Probation with standard and special conditions on Counts 1 through 15 of the Superseding Indictment . All terms to be served concurrently. Deft corporation further ordered to make restitution in the amount of $117,101.96 to the victims. In addition, $23,420 of the total restitution to be paid jointly and severally with Nicole Copeland; $5,855 of the total restitution to be paid jointly and severally with Sandy Allen; $5,855 of the total restitution to be paid jointly and severally with Elisa Dunn; and $3,703.50 of the total restitution is to be paid jointly and severally with Frank Onoff. Deft corporation fined the sum of $20,000. to be paid in full no later than January 1, 2012. Special assessment in the amount of $6,000 also imposed and due immediately. Parties advised of their right to appeal.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge David N. Hurd

Defendant (2)
Barbara Duchene
TERMINATED: 03/07/2011
represented byGeorge F. Hildebrandt
Office of George F. Hildebrandt
300 Crown Building
304 South Franklin Street
Syracuse, NY 13202
315-422-4742
Fax: 315-478-6503
Email: george@georgehildebrandt.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
42:7412.F - AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS
(1)
42:7412.F - AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS
(1s)
Count 1 of indictment dismissed pursuant to the [209] Order for Dismissal.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge David N. Hurd
Appeals court case numbers: 11-4875 (CON) 2nd Circuit, 11-4969 (XAP) 2nd Circuit

Defendant (3)
Nicole Copeland
TERMINATED: 11/03/2011
represented byDonald T. Kinsella
Office of Donald T. Kinsella
90 State Street, Suite 1011
Albany, NY 12207
518-472-0440
Fax: 518-472-0456
Email: dkinsella@drivergreene.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
42:7412.F - AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS
(1)
42:7412.F - AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS
(1s)
Deft sentenced to 5 years Probation on each of Counts 1 through 8 and 10 through 13 of the Superseding Indictment with standard and special conditions to be served concurrently. Deft to pay restitution in the amount $23,420 to the victims in the amounts listed in the 2nd addendum of the presentence report. Restitution to be made jointly and severally with CES, Inc. In addition, $5,855. of the total restitution is to be paid jointly and severally with Sandy Allen; $5,855 of the total restitution to be paid jointly and severally with Elisa Dunn; and $3,703.50 of the total restitution to be paid jointly and severally with Frank Onoff. Deft committed to BOP for a term of 12 consecutive weekends of Intermittent Confinement. Ct. recommends to BOP that it designate deft serve her weekend confinement at the Onondaga Correctional Facility at Jamesville. Deft shall report to the facility on Friday at 6:00 p.m. and be released on Sunday at 6 p.m. and shall observe the rules of that facility. The confinement shall begin following designation by BOP and notification by the U.S. Marshal Service and/or the U.S. Probation Office. Special assessment in the amount $1,200.00 also imposed and due immediately. Deft shall perform 200 hours of community service. Deft advised of her right to appeal.
42:7413.F - FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2-7)
42:7413.F - FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2s-7s)
Deft sentenced to 5 years Probation on each of Counts 1 through 8 and 10 through 13 of the Superseding Indictment with standard and special conditions to be served concurrently. Deft to pay restitution in the amount $23,420 to the victims in the amounts listed in the 2nd addendum of the presentence report. Restitution to be made jointly and severally with CES, Inc. In addition, $5,855. of the total restitution is to be paid jointly and severally with Sandy Allen; $5,855 of the total restitution to be paid jointly and severally with Elisa Dunn; and $3,703.50 of the total restitution to be paid jointly and severally with Frank Onoff. Deft committed to BOP for a term of 12 consecutive weekends of Intermittent Confinement. Ct. recommends to BOP that it designate deft serve her weekend confinement at the Onondaga Correctional Facility at Jamesville. Deft shall report to the facility on Friday at 6:00 p.m. and be released on Sunday at 6 p.m. and shall observe the rules of that facility. The confinement shall begin following designation by BOP and notification by the U.S. Marshal Service and/or the U.S. Probation Office. Special assessment in the amount $1,200.00 also imposed and due immediately. Deft shall perform 200 hours of community service. Deft advised of her right to appeal.
18:1341.F - FRAUDS AND SWINDLES
(8)
18:1341.F - FRAUDS AND SWINDLES
(8s)
Deft sentenced to 5 years Probation on each of Counts 1 through 8 and 10 through 13 of the Superseding Indictment with standard and special conditions to be served concurrently. Deft to pay restitution in the amount $23,420 to the victims in the amounts listed in the 2nd addendum of the presentence report. Restitution to be made jointly and severally with CES, Inc. In addition, $5,855. of the total restitution is to be paid jointly and severally with Sandy Allen; $5,855 of the total restitution to be paid jointly and severally with Elisa Dunn; and $3,703.50 of the total restitution to be paid jointly and severally with Frank Onoff. Deft committed to BOP for a term of 12 consecutive weekends of Intermittent Confinement. Ct. recommends to BOP that it designate deft serve her weekend confinement at the Onondaga Correctional Facility at Jamesville. Deft shall report to the facility on Friday at 6:00 p.m. and be released on Sunday at 6 p.m. and shall observe the rules of that facility. The confinement shall begin following designation by BOP and notification by the U.S. Marshal Service and/or the U.S. Probation Office. Special assessment in the amount $1,200.00 also imposed and due immediately. Deft shall perform 200 hours of community service. Deft advised of her right to appeal.
18:1341.F - FRAUDS AND SWINDLES
(10-13)
18:1341.F - FRAUDS AND SWINDLES
(10s-13s)
Deft sentenced to 5 years Probation on each of Counts 1 through 8 and 10 through 13 of the Superseding Indictment with standard and special conditions to be served concurrently. Deft to pay restitution in the amount $23,420 to the victims in the amounts listed in the 2nd addendum of the presentence report. Restitution to be made jointly and severally with CES, Inc. In addition, $5,855. of the total restitution is to be paid jointly and severally with Sandy Allen; $5,855 of the total restitution to be paid jointly and severally with Elisa Dunn; and $3,703.50 of the total restitution to be paid jointly and severally with Frank Onoff. Deft committed to BOP for a term of 12 consecutive weekends of Intermittent Confinement. Ct. recommends to BOP that it designate deft serve her weekend confinement at the Onondaga Correctional Facility at Jamesville. Deft shall report to the facility on Friday at 6:00 p.m. and be released on Sunday at 6 p.m. and shall observe the rules of that facility. The confinement shall begin following designation by BOP and notification by the U.S. Marshal Service and/or the U.S. Probation Office. Special assessment in the amount $1,200.00 also imposed and due immediately. Deft shall perform 200 hours of community service. Deft advised of her right to appeal.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge David N. Hurd
Appeals court case numbers: 11-4877 (CON) 2nd Circuit, 11-4972 (XAP) 2nd Circuit

Defendant (4)
Elisa Dunn
TERMINATED: 11/03/2011
represented byDennis B. Schlenker
Office of Dennis B. Schlenker
174 Washington Avenue
Albany, NY 12210
518-463-4473
Fax: 518-463-7926
Email: badger44@verizon.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

John D. Hoggan , Jr.
Office of John D. Hoggan, Jr., PLLC
90 State Street - Suite 1011
Albany, NY 12207
518-472-0440
Fax: 518-472-0456
Email: jhoggan@drivergreene.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
42:7412.F - AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS
(1)
42:7412.F - AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS
(1s)
Deft sentenced to Time Served on each of Counts 1, 7, 12, 14 and 15 of the Superseding Indictment to be served concurrently. Special Assessment of $500.00. Deft shall make restitution in the amount of $5,855.00 to the victims. Restitution to be made jointly and severally with CES, Inc., which is responsible for $117,101.96 in restitution; Nicole Copeland who is responsible for $23,420. of the restitution and Sandy Allen who is responsible for $5,855.00 of restitution. In addition $3,703.50 of the total restitution is to be paid jointly and severally with Frank Onoff. Deft shall be placed on supervised release for a term of 3 years on each of Counts 1, 7, 12, 14 and 15 to be served concurrently with standard and special conditions. Deft shall perform 200 hours community service. Deft advised of her right to appeal.
42:7413.F - FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(7)
42:7413.F - FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(7s)
Deft sentenced to Time Served on each of Counts 1, 7, 12, 14 and 15 of the Superseding Indictment to be served concurrently. Special Assessment of $500.00. Deft shall make restitution in the amount of $5,855.00 to the victims. Restitution to be made jointly and severally with CES, Inc., which is responsible for $117,101.96 in restitution; Nicole Copeland who is responsible for $23,420. of the restitution and Sandy Allen who is responsible for $5,855.00 of restitution. In addition $3,703.50 of the total restitution is to be paid jointly and severally with Frank Onoff. Deft shall be placed on supervised release for a term of 3 years on each of Counts 1, 7, 12, 14 and 15 to be served concurrently with standard and special conditions. Deft shall perform 200 hours community service. Deft advised of her right to appeal.
18:1341.F - FRAUDS AND SWINDLES
(12)
18:1341.F - FRAUDS AND SWINDLES
(12s)
Deft sentenced to Time Served on each of Counts 1, 7, 12, 14 and 15 of the Superseding Indictment to be served concurrently. Special Assessment of $500.00. Deft shall make restitution in the amount of $5,855.00 to the victims. Restitution to be made jointly and severally with CES, Inc., which is responsible for $117,101.96 in restitution; Nicole Copeland who is responsible for $23,420. of the restitution and Sandy Allen who is responsible for $5,855.00 of restitution. In addition $3,703.50 of the total restitution is to be paid jointly and severally with Frank Onoff. Deft shall be placed on supervised release for a term of 3 years on each of Counts 1, 7, 12, 14 and 15 to be served concurrently with standard and special conditions. Deft shall perform 200 hours community service. Deft advised of her right to appeal.
18:1001.F - STATEMENTS OR ENTRIES GENERALLY
(14s-15s)
Deft sentenced to Time Served on each of Counts 1, 7, 12, 14 and 15 of the Superseding Indictment to be served concurrently. Special Assessment of $500.00. Deft shall make restitution in the amount of $5,855.00 to the victims. Restitution to be made jointly and severally with CES, Inc., which is responsible for $117,101.96 in restitution; Nicole Copeland who is responsible for $23,420. of the restitution and Sandy Allen who is responsible for $5,855.00 of restitution. In addition $3,703.50 of the total restitution is to be paid jointly and severally with Frank Onoff. Deft shall be placed on supervised release for a term of 3 years on each of Counts 1, 7, 12, 14 and 15 to be served concurrently with standard and special conditions. Deft shall perform 200 hours community service. Deft advised of her right to appeal.
18:1001.F - STATEMENTS OR ENTRIES GENERALLY
(15-16)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge David N. Hurd
Appeals court case number: 11-4974 (CON) 2nd Circuit

Defendant (5)
Sandy Allen
TERMINATED: 11/03/2011
represented byJames R. McGraw
Office of James R. McGraw
333 East Onondaga Street
Syracuse, NY 13202
315-422-7725
Fax: 315-422-7741
Email: lfrass@verizon.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
42:7412.F - AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS
(1)
42:7412.F - AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS
(1s)
Deft sentenced to Time Served on Counts 1, 2, 9 and 10 of the Superseding Indictment to be served concurrently; 3 years supervised release on each count with standard and special conditions to be served concurrently also imposed. Special assessment in the amount of $400.00 also imposed. Deft shall make restitution in the amount of $5,855.00 to the victims in the amounts listed in the 2nd Addendum of the presentence report. Restitution is to be made jointly and severally with CES, Inc., which is responsible for $117,101.96 in restitution; Nicole Copeland who is responsible for $23,420.00 of the restitution; and Elisa Dunn who is responsible for $5,855.00 of restitution. In addition, $3,703.50 of the total restitution is to be paid jointly and severally with Frank Onoff. Deft shall perform 200 hours of community service. Deft advised of his right to appeal.
42:7413.F - FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2)
42:7413.F - FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2s)
Deft sentenced to Time Served on Counts 1, 2, 9 and 10 of the Superseding Indictment to be served concurrently; 3 years supervised release on each count with standard and special conditions to be served concurrently also imposed. Special assessment in the amount of $400.00 also imposed. Deft shall make restitution in the amount of $5,855.00 to the victims in the amounts listed in the 2nd Addendum of the presentence report. Restitution is to be made jointly and severally with CES, Inc., which is responsible for $117,101.96 in restitution; Nicole Copeland who is responsible for $23,420.00 of the restitution; and Elisa Dunn who is responsible for $5,855.00 of restitution. In addition, $3,703.50 of the total restitution is to be paid jointly and severally with Frank Onoff. Deft shall perform 200 hours of community service. Deft advised of his right to appeal.
18:1341.F - FRAUDS AND SWINDLES
(9-10)
18:1341.F - FRAUDS AND SWINDLES
(9s-10s)
Deft sentenced to Time Served on Counts 1, 2, 9 and 10 of the Superseding Indictment to be served concurrently; 3 years supervised release on each count with standard and special conditions to be served concurrently also imposed. Special assessment in the amount of $400.00 also imposed. Deft shall make restitution in the amount of $5,855.00 to the victims in the amounts listed in the 2nd Addendum of the presentence report. Restitution is to be made jointly and severally with CES, Inc., which is responsible for $117,101.96 in restitution; Nicole Copeland who is responsible for $23,420.00 of the restitution; and Elisa Dunn who is responsible for $5,855.00 of restitution. In addition, $3,703.50 of the total restitution is to be paid jointly and severally with Frank Onoff. Deft shall perform 200 hours of community service. Deft advised of his right to appeal.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge David N. Hurd

Defendant (6)
Thomas Juliano
TERMINATED: 10/13/2010
represented byRobert G. Wells
Office of Robert G. Wells
120 East Washington Street
825 University Building
Syracuse, NY 13202
315-472-4489
Fax: 315-472-1456
Email: dfndr@hotmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
42:7412.F - AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS
(1)
Superseded by Count 1s
42:7412.F - AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS
(1s)
Defendant Found Not Guilty
42:7413.F - FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(5)
Superseded by Count 5s
42:7413.F - FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(5s)
Defendant Found Not Guilty
18:1341.F - FRAUDS AND SWINDLES
(11)
Superseded by Count 11s
18:1341.F - FRAUDS AND SWINDLES
(11s)
Defendant Found Not Guilty

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge David N. Hurd
Appeals court case number: 11-4976 (CON) 2nd Circuit

Defendant (7)
Frank Onoff
TERMINATED: 11/08/2011
represented byStuart J. LaRose
Office of Stuart J. LaRose
307 South Clinton Street
Suite 300
Syracuse, NY 13202
315-428-1000
Fax: 315-428-1002
Email: slesq@aol.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
42:7412.F - AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS
(1)
Deft sentenced to Time Served on Count 1 of the Indictment; 3 years supervised release with standard and special conditions; $100.00 special assessment also imposed. Deft shall make restitution in the amount of $3,703.50 to the victims listed in the 2nd addendum to the presentence report. Restitution is to be made jointly and severally with CES, Inc. which is responsible for $117,101.96 in restitution; Nicole Copeland who is responsible for $23,420 of the restitution; Elisa Dunn who is responsible for $5,855.00 of the restitution; and Sandy Allen who is responsible for $5,855.00 of restitution. Deft shall perform 200 hours of community service. Deft advised of his right to appeal.
42:7413.F - FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(5-6)
Dismissed.
18:1341.F - FRAUDS AND SWINDLES
(8)
Dismissed.
18:1341.F - FRAUDS AND SWINDLES
(11)
Dismissed.
18:1341.F - FRAUDS AND SWINDLES
(13)
Dismissed.
18:1001.F - STATEMENTS OR ENTRIES GENERALLY
(14)
Dismissed.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byCraig A. Benedict
Office of the United States Attorney - Syracuse
100 South Clinton Street
Syracuse, NY 13261-7198
315-448-0672
Fax: 315-448-0658
Email: craig.benedict@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jessica M. Alloway
U.S. Department of Justice - Environment
Environment and Natural Resources Division
Environmental Defense Section
P.O. Box 23985
Washington, DC 20026-3985
202-514-0838
Fax: 202-305-0397
Email: jessica.alloway@usdoj.gov
ATTORNEY TO BE NOTICED

Todd W. Gleason
U.S. Department of Justice
Environmental & Natural Resources Division
Environmental Defense Section
601 D Street NW
Suite 8000
Washington, DC 20004
202-305-0739
Fax: 202-514-8865
Email: todd.gleason@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/28/2009INDICTMENT: filed as to Certified Environmental Services, Inc. (1) counts 1-16; Barbara Duchene (2) count 1; Nicole Copeland (3) counts 1-8, 10-13; Elisa Dunn (4) counts 1, 7, 12, 15, 16; Sandy Allen (5) counts 1, 2, 9, 10; Thomas Juliano (6) counts 1, 5, 11; Frank Onoff (7) counts 1, 5-6, 8, 11, 13, 14. (mae) (Entered: 05/29/2009)
05/28/2009Minute Entry for proceedings held before Magistrate Judge Gustave J. DiBianco: GRAND JURY makes a partial report and returns Indictment. Tally Sheet is ordered sealed. (Steno: Sue Byrne, Clerk: Katherine Gridley) (mae) (Entered: 05/29/2009)
05/31/2009NOTICE OF ATTORNEY APPEARANCE: George F. Hildebrandt appearing for Barbara Duchene (Hildebrandt, George) (Entered: 05/31/2009)
06/02/2009NOTICE OF ATTORNEY APPEARANCE Todd W. Gleason appearing for USA as Co-counsel with/for Attorney: Craig A. Benedict (Gleason, Todd) (Entered: 06/02/2009)
06/02/2009Order to Seal Documents 5 and 6. Signed by Judge David N. Hurd on 6/2/09. (cbm ) (Entered: 06/03/2009)
06/03/2009NOTICE OF ATTORNEY APPEARANCE: Donald T. Kinsella appearing for Nicole Copeland (Kinsella, Donald) (Entered: 06/03/2009)
06/03/2009NOTICE OF ATTORNEY APPEARANCE: Robert G. Wells appearing for Thomas Juliano (Wells, Robert) (Entered: 06/03/2009)
06/04/200910 NOTICE OF ATTORNEY APPEARANCE: Gabriel M. Nugent appearing for Certified Environmental Services, Inc. (Nugent, Gabriel) (Entered: 06/04/2009)
06/04/200911 NOTICE OF ATTORNEY APPEARANCE: Daniel J. French appearing for Certified Environmental Services, Inc. (French, Daniel) (Entered: 06/04/2009)
06/09/2009  TEXT NOTICE OF HEARING as to Certified Environmental Services, Inc., Nicole Copeland, Sandy Allen: Arraignments set for 6/17/2009 at 01:00 PM in Syracuse before Magistrate Judge George H. Lowe. (rjb, ) (Entered: 06/09/2009)
06/09/2009  Attorney update in case as to Sandy Allen. Attorney James R. McGraw added. (rjb, ) (Entered: 06/09/2009)
06/11/200912 NOTICE OF ATTORNEY APPEARANCE: Stuart J. LaRose appearing for Frank Onoff (LaRose, Stuart) (Entered: 06/11/2009)
06/11/200913 ORDER SETTING CONDITIONS OF RELEASE: as to Barbara Duchene (2) released on personal recognizance with various conditions. Signed by Magistrate Judge Gustave J. DiBianco on 6/11/09. (jmb) (Entered: 06/15/2009)
06/11/200914 ORDER SETTING CONDITIONS OF RELEASE: as to Elisa Dunn (4) released on personal recognizance with various conditions. Signed by Magistrate Judge Gustave J. DiBianco on 6/11/09. (jmb) (Entered: 06/15/2009)
06/11/200915 ORDER SETTING CONDITIONS OF RELEASE: as to Thomas Juliano (6) released on personal recognizance with various conditions. Signed by Magistrate Judge Gustave J. DiBianco on 6/11/09. (jmb) (Entered: 06/15/2009)
06/11/200916 ORDER SETTING CONDITIONS OF RELEASE: as to Frank Onoff (7) released on personal recognizance with various conditions. Signed by Magistrate Judge Gustave J. DiBianco on 6/11/09. (jmb) (Entered: 06/15/2009)
06/17/2009  TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe:Arraignments as to Certified Environmental Services, Inc.; Nicole Copeland; Sandy Allen held on 6/17/09. Appearances: Craig Benedict, AUSA for the United States; Daniel French, Esq. and Gabriel Nugent, Esq. for CES; Donald Kinsella, Esq. for Nicole Copeland; James McGraw, Esq. for Sandy Allen. Defendants appear with counsel, copy of Indictment and PTSR provided. Defendants waive a formal reading of the indictment and plead not guilty. A scheduling order will be issued. Gov't. does not seek detention of Defendants Copeland and Allen, Defendants released ROR. Mr. Hildebrandt is preparing an order regarding the preservation of attorney's notes. (FTR Recorded) (rjb, ) . (Entered: 06/17/2009)
06/17/200917 ORDER Setting Conditions of Release as to Nicole Copeland. Signed by Magistrate Judge George H. Lowe on 6/17/09. (rjb, ) (Entered: 06/17/2009)
06/17/200918 ORDER Setting Conditions of Release as to Sandy Allen. Signed by Magistrate Judge George H. Lowe on 6/17/09. (rjb, ) (Entered: 06/17/2009)
06/17/200919 CRIMINAL PRETRIAL SCHEDULING ORDER as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff: Motions to be filed by 7/15/2009; Jury Trial set for 8/10/2009 at 09:30 AM in Utica before Judge David N. Hurd. Signed by Magistrate Judge George H. Lowe on 6/17/09. (rjb, ) (Entered: 06/17/2009)
06/23/200920 NOTICE OF ATTORNEY APPEARANCE: Dennis B. Schlenker appearing for Elisa Dunn (Schlenker, Dennis) (Entered: 06/23/2009)
07/20/200921 Stipulation & ORDER TO CONTINUE - Ends of Justice as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff Time excluded from 7/20/2009 until 10/20/2009. Jury Trial set for 10/26/2009 09:30 AM in Utica before Judge David N. Hurd. Motions to be filed by 8/20/2009 & shall be made returnable on 9/11/2009.Signed by Judge David N. Hurd on 7/20/2009. (see) (Entered: 07/20/2009)
09/23/2009  This action is hereby referred to Magistrate Judge George Lowe to conduct a conference to resolve the outstanding discovery issues and set firm dates for the filing of motions and trial per verbal order of Judge David N. Hurd. (cmr, ) (Entered: 09/23/2009)
09/23/2009  TEXT ORDER: On or before September 28, 2009, counsel are directed to file letters setting forth what the "outstanding discovery issues" are. The parties' arguments are not to be made in the letters; all that is requested is a brief and objective description of the issues. If the issues are the same for all defendants, a single letter from one defense counsel will be sufficient. SO ORDERED by Magistrate Judge George H. Lowe on 9/23/09. (rjb, ) (Entered: 09/23/2009)
09/28/200922 Letter from Gabriel M. Nugent as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting List of Discovery Issues to be Addressed in Conference (Nugent, Gabriel) (Entered: 09/28/2009)
09/28/200923 Letter from Craig A. Benedict and Todd W. Gleason as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano requesting List of discovery issues to be addressed (Benedict, Craig) (Entered: 09/28/2009)
10/02/2009  TEXT NOTICE OF HEARING as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff. A preliminary hearing is scheduled for 10/8/2009 at 02:00 PM in Syracuse before Magistrate Judge George H. Lowe. Counsel is to report to Courtroom 2. The purpose of the hearing is to further refine, if possible, the "outstanding discovery issues" as set forth in Dkt. Nos. 22 and 23, and to determine a schedule for addressing these issues. Mr. Kinsella and Mr. Schlenker may participate, if they wish, by telephone conference call. The Court will initiate the call to Mr. Kinsella and Mr. Schlenker. (rjb, ) (Entered: 10/02/2009)
10/05/200924 Letter from Gabriel M. Nugent as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting Permission to Participate by Telephone (Nugent, Gabriel) (Entered: 10/05/2009)
10/06/2009  TEXT ORDER granting 24 Letter Request filed by Certified Environmental Services, Inc., Mr. Nugent is directed to contact the Court at (315) 234-8613 with a telelphone number he can be reached at for use during the conference. SO ORDERED by Magistrate Judge George H. Lowe on 10/6/09. (rjb, ) (Entered: 10/06/2009)
10/06/200925 Letter from Todd W. Gleason as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting Permission to Participate by Telephone (Gleason, Todd) (Entered: 10/06/2009)
10/07/2009  TEXT ORDER approving the 25 Request. Mr. Gleason is directed to contact the Court at (315) 234-8613 with a telephone number he can be reached at for use during the conference. SO ORDERED by Magistrate Judge George H. Lowe on 10/7/09. (rjb, ) (Entered: 10/07/2009)
10/08/2009  TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe:Discovery Hearing held on 10/8/2009. Appearances: Craig Benedict, AUSA and Todd Gleason, AUSA for the United States; Daniel French, Esq. and Gabriel Nugent, Esq. for CES; George Hildebrandt, Esq. for Deft. Duchene; Donald Kinsella, Esq. for Deft. Copeland; Dennis Schlenker, Esq. for Deft. Dunn; Katy Karlovitz, Esq. for Deft. Allen; Robert Wells, Esq. for Deft. Juliano (Attys. Gleason and Nugent appearing by telephone). Judge Lowe reviews Counsel's recent submissions regarding the discovery issues and determines that briefing is needed on the Rule 16(a)(1)(C), 16(a)(1)(F) and 404(b) issues. The Rule 16(a)(1)(G) issues are deferred until a later date. Judge Lowe will issue an order setting the briefing schedule and tolling the speedy trial time from 10/20/09 to 11/1/09. (FTR Recorded) (rjb, ) (Entered: 10/09/2009)
10/14/2009  TEXT ORDER: By minute entry dated 9/23/09 I referred this action of Magistrate Judge Lowe to resolve certain pretrial issues. As a point of clarification, pursuant to 28 USC 636(b)(1)(A), Magistrate Judge Lowe is to hear and determine any pretrial matter, except motions to dismiss or quash the indictment or to suppress evidence. With respect to motions of this latter type, pursuant to 28 USC 636(b)(1)(B), Magistrate Judge Lowe is to conduct hearings, including evidentiary hearings, and is to submit to me for disposition proposed findings of fact and recommendations. IT IS SO ORDERED: per verbal order of Judge David N. Hurd as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff: (cmr, ) (Entered: 10/14/2009)
10/19/200926 ORDER as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, and Frank Onoff. It is Ordered that on or before 11/3/2009 defense counsel are to file motions addressing Fed R. Crim P. 16(a)(1)(C), Crawford and Bruton issues, Fed. R. Crim. P. 16(a)(1)(F), and Fed. R. Evid. 404(b) as specified herein; counsel may opt to join in the positions of co-counsel; Responses to motions due by 11/24/2009, Replies due by 12/4/2009. Further Ordered that by 11/17/2009 the Government is to serve its further response to the Fed. R. Crim. P. 16(a)(1)(G) issue; if defense counsel deems this further response inadequate the parties are to confer and attempt to resolve the issues. If such a conference is unsuccessful defense counsel may file motions for an order compelling disclosure by 11/24/2009; Responses to such motions due by 12/4/2009; Replies due by 12/11/2009. Further Ordered that the time for defendants to produce reciprocal discovery is extended sine die; and it is further ordered that time is excluded from 10/8/2009 until 11/3/2009. Signed by Magistrate Judge George H. Lowe on 10/19/2009. (mae) (Entered: 10/19/2009)
10/20/2009  TEXT ORDER as to Certified Environmental Services, Inc.: At a preliminary hearing on October 8, 2009, counsel for Certified Environmental Services, Inc. ("CES"), indicated that CES intended to file a suppression motion. Counsel for CES and the Government are to confer, in an attempt to agree upon a schedule for such a motion. On or before October 30, 2009, counsel for CES is to advise the Court in writing as to the results of that conference. SO ORDERED by Magistrate Judge George H. Lowe on 10/20/09. (rjb, ) (Entered: 10/20/2009)
10/26/2009  TEXT ORDER as to Certified Environmental Services, Inc.: At the request of the United States, the time to comply with the October 20, 2009 text order is extended by one week. On or before November 6, 2009, counsel for CES is to advise the Court in writing as to the results of the conference. SO ORDERED by Magistrate Judge George H. Lowe on 10/26/09. (rjb, ) (Entered: 10/26/2009)
10/29/200927 NOTICE OF ATTORNEY APPEARANCE Jessica L. Moats appearing for USA as Co-counsel with/for Attorney: Craig A. Benedict and Todd W. Gleason (Moats, Jessica) (Entered: 10/29/2009)
11/03/200928 Letter from Donald T Kinsella as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting Compel Discovery (Attachments: # 1 Certificate of Service)(Kinsella, Donald) (Entered: 11/03/2009)
11/04/200929 Letter from Craig A. Benedict as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting an extension of time to respond to defense counel's letter (Benedict, Craig) (Entered: 11/04/2009)
11/06/200930 Letter from Todd W. Gleason as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (Gleason, Todd) (Entered: 11/06/2009)
11/09/200931 ORDER: Approving the # 29 Letter Request to modify the scheduling of motion practice in support of AUSA Benedict's # 28 Request. Signed by Magistrate Judge George H. Lowe on 11/9/2009. (mae) (Entered: 11/09/2009)
11/12/200932 Minute Entry for proceedings held before Judge David N. Hurd:Change of Plea Hearing as to Frank Onoff held on 11/12/2009 in Utica,NY. Plea entered by Frank Onoff (7) Guilty Count 1. Deft released on same bail and conditions as previously set. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 11/12/2009)
11/12/200933 GUIDELINE ORDER as to Frank Onoff Sentencing set for 3/12/2010 02:00 PM in Utica, NY. Government Sentencing Memo Deadline 2/26/2010 Defendant Sentencing Memo Deadline 2/26/2010. Signed by Judge David N. Hurd on 11/12/2009. (cmr, ) (Entered: 11/12/2009)
11/12/200934 PLEA AGREEMENT as to Frank Onoff (see) (Entered: 11/12/2009)
11/20/200935  MOTION to Suppress and Certificate of Service by Certified Environmental Services, Inc. Motion Hearing set for 1/7/2010 10:00 AM in Syracuse before Magistrate Judge George H. Lowe Response to Motion due by 12/21/2009 Reply to Response to Motion due by 12/28/2009. (Nugent, Gabriel) (Entered: 11/20/2009)
11/20/200936 AFFIDAVIT in Support by Certified Environmental Services, Inc., re 35 MOTION to Suppress and Certificate of Service Declaration of Daniel R. Hoosock (Nugent, Gabriel) (Entered: 11/20/2009)
11/20/200937 AFFIDAVIT in Support by Certified Environmental Services, Inc., re 35 MOTION to Suppress and Certificate of Service Declaration of Daniel J. French (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D, # 5 Exhibit(s) Exhibit E, # 6 Exhibit(s) Exhibit F, # 7 Exhibit(s) Exhibit G, # 8 Exhibit(s) Exhibit H, # 9 Exhibit(s) Exhibit I, # 10 Exhibit(s) Exhibit J, # 11 Exhibit(s) Exhibit K)(Nugent, Gabriel) (Entered: 11/20/2009)
11/20/200938 MEMORANDUM OF LAW re 35 Motion to Suppress by Certified Environmental Services, Inc. (Nugent, Gabriel) (Entered: 11/20/2009)
11/30/200939 Letter from Jessica L. Moats as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (Moats, Jessica) (Entered: 11/30/2009)
12/09/2009  TEXT NOTICE OF HEARING as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff. Oral Argument on the pending discovery issues and the 35 Motion to Suppress is scheduled for 1/25/2010 at 02:00 PM in Syracuse before Magistrate Judge George H. Lowe. Appearances are required.(rjb, ) (Entered: 12/09/2009)
12/16/2009  MOTIONS REFERRED to Magistrate Judge Lowe: 35 MOTION to Suppress as to Certified Environmental Services, Inc. (cbm ) (Entered: 12/16/2009)
01/08/201040 RESPONSE in Opposition by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano re 35 MOTION to Suppress and Certificate of Service (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Certificate of Service)(Benedict, Craig) (Entered: 01/08/2010)
01/08/201041 RESPONSE in Opposition by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff re 35 MOTION to Suppress (Attachments: # 1 Exhibit(s) Ex. 1- 1994 Version of Code Rule 56, # 2 Declaration Ex. 2 Declaration of Craig Benedict, # 3 Exhibit(s) Ex. 3 Department of Labor Opinion Letter, # 4 Exhibit(s) Ex. 4 Affidavit of Agent Dwyer in support of search warrant, # 5 Declaration Ex. 5 Declaration of Justus Derx, # 6 Exhibit(s) Ex. 6 Leathley Plea and Cooperation Agreement, # 7 Exhibit(s) Ex. 7 Blatche Plea and Cooperation Agreement, # 8 Exhibit(s) Ex. 8 GJ Subpoena 2005-W-255, # 9 Exhibit(s) Ex. 9 GJ Subpoena 2005-W-489, # 10 Exhibit(s) Ex. 10 GJ Subpoena 2006-T-0219, # 11 Exhibit(s) Ex. 11 GJ Subpoena 2006-T-0220, # 12 Exhibit(s) Ex. 12 GJ Subpoena 2007-W-2, # 13 Exhibit(s) Ex. 13 GJ Subpoena 2008-T-008, # 14 Exhibit(s) Ex. 14 GJ Subpoena 2008-T-009, # 15 Exhibit(s) Ex. 15 GJ Subpoena 2008-T-010, # 16 Exhibit(s) Ex. 16 GJ Subpoena 2008-T-031, # 17 Exhibit(s) Ex. 17 GJ Subpoena 2008-T-099, # 18 Exhibit(s) Ex. 18 Department of Labor Opinion Ltr re strict independence)(Moats, Jessica) (Entered: 01/08/2010)
01/15/201042 Reply AFFIDAVIT in Support by Certified Environmental Services, Inc. as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff re 35 MOTION to Suppress and Certificate of Service (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F)(Nugent, Gabriel) (Entered: 01/15/2010)
01/15/201043 MEMORANDUM OF LAW Reply Memorandum of Law In Further Support Of Motion To Suppress (Nugent, Gabriel) (Entered: 01/15/2010)
01/15/201044 Certificate of Service by Certified Environmental Services, Inc. as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff of Reply Declaration and Reply Memorandum of Law (Nugent, Gabriel) (Entered: 01/15/2010)
01/20/201045 Letter from Craig A. Benedict as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting to submit sur-reply (Attachments: # 1 Affidavit, # 2 Certificate of Service)(Benedict, Craig) (Entered: 01/20/2010)
01/21/201046 Letter from Dennis B. Schlenker as to Elisa Dunn requesting Permission to Appear for 01/25/2010 Hearing via telephone (Schlenker, Dennis) (Entered: 01/21/2010)
01/21/201047 Letter from Donald T Kinsella as to Nicole Copeland requesting appear electronically and update motion status (Kinsella, Donald) (Entered: 01/21/2010)
01/22/2010  TEXT ORDER: The 46 and 47 letters of Attorneys Kinsella and Schlenker requesting to participate in the January 25, 2010 hearing by telephone are granted. Attorneys Kinsella and Schlenker are directed to contact the Court at (315) 234-8613 with the telephone number they should be contacted at for the hearing. SO ORDERED by Magistrate Judge George H. Lowe on 1/22/10. (rjb, ) (Entered: 01/22/2010)
01/25/2010  TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe:Discovery Hearing held on 1/25/2010. Appearances: Craig Benedict, AUSA and Jessica Moats, AUSA for the United States; Daniel French, Esq. and Gabriel Nugent, Esq. for Deft. CES; George Hildebrandt, Esq. for Deft. Duchene; Donald Kinsella, Esq. (via telephone) for Deft. Copeland; Dennis Schlenker, Esq. (via telephone) for Deft. Dunn; Robert Wells, Esq. for Deft. Juliano. Judge Lowe addresses discovery issues with counsel. Discovery issues are moot with the exception of expert discovery. Judge Lowe sets deadlines for experts - the Gov't. will serve their expert reports within the next two weeks, defense counsel will have one month after receiving the reports to serve their expert reports. Judge Lowe will discuss a trial date with Judge Hurd. Defense counsel will provide their reciprocal discovery within the next two weeks, Attorneys Kinsella and Schlenker will have three weeks to serve their discovery as they will be out of the country. Judge Lowe hears oral argument from both sides on the Motion to Suppress. Judge Lowe reserves his decision, a written order will be issued. AUSA Benedict will look into the issue of the 2000 letter by the end of the week. (FTR Recorded) (rjb, ) (Entered: 01/27/2010)
01/27/201048 Letter from Craig A. Benedict as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano requesting acceptance of the government's response to the court's inquiry (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Benedict, Craig) (Entered: 01/27/2010)
01/28/201049 Letter from Gabriel M. Nugent as to Certified Environmental Services, Inc. in Response to Dkt. No. 48 (Nugent, Gabriel) (Entered: 01/28/2010)
02/08/201050 Letter from Craig A. Benedict as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano requesting defense counsel file any further pretrial motions they may have (Benedict, Craig) (Entered: 02/08/2010)
02/24/2010  Set/Reset Hearings as to Frank Onoff: Sentencing reset for 6/11/2010 01:00 PM in Utica before Judge David N. Hurd. Appearance required. Please adjust your calendars accordingly.(cmr, ) (Entered: 02/24/2010)
02/24/201051 ORDER: Approving the # 50 request from AUSA Craig Benedict. Pretrial Motions are to be filed by 3/1/2010. Responses to Pretrial Motions are to be filed by 3/21/2010. Signed by Magistrate Judge George H. Lowe on 2/24/2010. (mae) (Entered: 02/24/2010)
02/25/2010  Set/Reset Deadlines as to Frank Onoff: Defendant Sentencing Memo Deadline 5/28/2010. Government Sentencing Memo Deadline 5/28/2010. (see) (Entered: 02/25/2010)
03/01/201052 Letter from George Hildebrandt as to Barbara Duchene requesting extension of time until March 2, 2010 to file motions on behalf of Defendant Barbara DuChene (Hildebrandt, George) (Entered: 03/01/2010)
03/01/2010  TEXT ORDER approving 52 Letter - Motions to be filed by March 2, 2010 as to Barbara Duchene. SO ORDERED by Magistrate Judge George H. Lowe on 3/1/10. (rjb, ) (Entered: 03/01/2010)
03/01/201053 Letter from Donald T Kinsella as to Nicole Copeland, Elisa Dunn requesting notice re no file motions (Kinsella, Donald) (Entered: 03/01/2010)
03/02/201054 Letter from Robert G. Wells as to Thomas Juliano requesting (giving) notice regarding defense motion filing (Wells, Robert) (Entered: 03/02/2010)
03/03/201055  MOTION to Sever Defendant by Barbara Duchene. (Attachments: # 1 Memorandum of Law motion to sever by Defendant Barbara DuChene)(Hildebrandt, George) (Entered: 03/03/2010)
03/03/201056 Letter from Craig A. Benedict addressed to Judge Lowe as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano requesting the court accept this letter motion (Benedict, Craig) (Entered: 03/03/2010)
03/03/201057 Letter from Craig A. Benedict addressed to Judge Lowe as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano requesting AMENDED DOCUMENT WITH ATTACHMENT: requesting the court to accept this letter motion (Attachments: # 1 Attachment)(Benedict, Craig) (Entered: 03/03/2010)
03/04/2010  TEXT ORDER granting 56 and 57 requests for a conference. A telephone conference is scheduled for March 15, 2010 at 3:00 PM. AUSA Benedict is responsible for initiating the call, using a teleconferencing service, and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes. SO ORDERED by Magistrate Judge George H. Lowe on 3/15/10. (rjb, ) (Entered: 03/04/2010)
03/15/2010  TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe:Telephone Conference held on 3/15/2010. Appearances: Craig Benedict, AUSA, Todd Gleason, AUSA and Jessica Moats, AUSA for the United States; Daniel French, Esq. and Gabriel Nugent, Esq. for Deft. CES; George Hildebrandt, Esq. for Deft. Duchene; Donald Kinsella, Esq. for Deft. Copeland; Dennis Schlenker, Esq. for Deft. Dunn; James McGraw, Esq. for Deft. Allen; Robert Wells, Esq. for Deft. Juliano. AUSA Benedict expects trial to last 2-3 months, defense counsel expects it to be shorter. Judge Lowe reviews the issues raised in AUSA Benedict's March 3, 2010 letter with counsel. Attorney Schlenker will provide Judge Lowe a list of Second Circuit cases addressing the issue of calling case agents as experts, Judge Lowe will allow the Gov't. to respond. Judge Lowe hears argument from the Gov't. and defense counsel regarding expert disclosures and reserves decision. (FTR Recorded) (rjb, ) Modified on 3/16/2010 (rjb, ). (Entered: 03/16/2010)
03/16/201058 Letter from Dennis B. Schlenker as to Elisa Dunn requesting Court's consideration of attached Second Circuit cases addressing the admission of expert testimony (Schlenker, Dennis) (Entered: 03/16/2010)
03/22/201059 STIPULATION by USA (Benedict, Craig) (Entered: 03/22/2010)
03/22/201060 Stipulation & ORDER TO CONTINUE - Ends of Justice as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano Time excluded from 3/22/2010 until 7/6/2010. Jury Trial set for 7/12/2010 09:30 AM in Utica before Judge David N. Hurd.Signed by Judge David N. Hurd on 3/22/2010. (see) (Entered: 03/22/2010)
03/22/201061 Letter from Craig A. Benedict as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano in response to the 58 letter regarding expert testimony (Benedict, Craig) (Entered: 03/22/2010)
03/22/201062 RESPONSE to Motion by USA as to Barbara Duchene re 55 MOTION to Sever Defendant (Attachments: # 1 Certificate of Service)(Benedict, Craig) (Entered: 03/22/2010)
03/24/201063 REPLY TO RESPONSE to Motion by Barbara Duchene as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff re 55 MOTION to Sever Defendant (Hildebrandt, George) (Entered: 03/24/2010)
03/24/201064 Certificate of Service by Barbara Duchene as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff re 63 Reply to Response (Hildebrandt, George) (Entered: 03/24/2010)
04/06/201065 ORDER: Granting the # 55 Motion to Sever the trial of Defendant Barbara Duchene (2), subject to the conditions stated herein. Signed by Magistrate Judge George H. Lowe on 4/6/2010. (mae) (Entered: 04/06/2010)
04/09/201066 PROPOSED FINDINGS OF FACT, RECOMMENDATIONS AND ORDER: It is RECOMMENDED that the # 35 application for an evidentiary hearing and suppression of evidence be DENIED. It is ORDERED that CES' request for reimbursement is DENIED. Failure to objections to these recommendations by 4/23/2010 will preclude appellate review. Signed by Magistrate Judge George H. Lowe on 4/9/2010. (mae) (Entered: 04/09/2010)
04/16/201067 OBJECTION TO REPORT AND RECOMMENDATIONS 66 by Certified Environmental Services, Inc. as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (Nugent, Gabriel) (Entered: 04/16/2010)
04/20/201068 Letter from Craig A. Benedict as to Frank Onoff requesting adjournment of sentencing (Benedict, Craig) (Entered: 04/20/2010)
04/20/201069 Letter from Craig A. Benedict as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting until April 30, 2010 to respond to the defendant's objections to Judge Lowe's Report and Recommendation (Benedict, Craig) (Entered: 04/20/2010)
04/23/201070 Endorsed ORDER granting govt's 69 request for an extension of time until 4/30/10 to respond to defts' 67 objections to Magistrate Lowe's 66 REPORT AND RECOMMENDATIONS. Signed by Judge David N. Hurd on 4/22/10. (cbm, ) (Entered: 04/23/2010)
04/30/201071 RESPONSE to Motion by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff re 66 REPORT AND RECOMMENDATIONS as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff re 35 MOTION to SuppressREPORT AND RECOMMENDATIONS as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff re 35 MOTION to Suppress (Attachments: # 1 Certificate of Service)(Benedict, Craig) (Entered: 04/30/2010)
05/17/201072  MOTION in Limine to Admit Expert Testimony by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff. (Moats, Jessica) (Entered: 05/17/2010)
05/17/201073 MEMORANDUM OF LAW re 72 Motion in Limine to Admit Expert Testimony (Attachments: # 1 Exhibit(s) Original Expert Disclosure, # 2 Exhibit(s) Supplemental Expert Disclosure)(Moats, Jessica) (Entered: 05/17/2010)
05/17/201074  MOTION in Limine to Admit Prior Incriminating Statements by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff. (Moats, Jessica) (Entered: 05/17/2010)
05/17/201075 MEMORANDUM OF LAW re 74 Motion in Limine to Admit Prior Incriminating Statements (Attachments: # 1 Exhibit(s) Gallauresi Affidavit, # 2 Exhibit(s) Juliano Employment Record with CES, # 3 Exhibit(s) Pettit Affidavit, # 4 Exhibit(s) Russo Affidavit, # 5 Exhibit(s) Leone Affidavit, # 6 Exhibit(s) Nguyen Affidavit)(Moats, Jessica) (Entered: 05/17/2010)
05/17/201076 DECISION & ORDER: that deft CES application for an evidentiary hearing and suppression of evidence (Dkt. Nos. 35-38) are DENIED; and it is AFFIRMED that CES request for reimbursement is DENIED.Signed by Judge David N. Hurd on 5/17/2010. (see) (Entered: 05/17/2010)
05/20/2010  Text NOTICE OF HEARING ON 74 MOTION in Limine to Admit Prior Incriminating Statements, 72 MOTION in Limine to Admit Expert Testimony: Response to Motion due by 6/8/2010. Motion Hearing set for 6/25/2010 02:00 PM in Utica before Judge David N. Hurd. (see) (Entered: 05/20/2010)
06/01/2010  Set/Reset Hearings as to Frank Onoff: Sentencing reset for 9/24/2010 11:00 AM in Utica per verbal order of Judge David N. Hurd. Appearance required. Please adjust your calendars accordingly. (cmr, ) (Entered: 06/01/2010)
06/01/2010  Set/Reset Deadlines as to Frank Onoff: Defendant Sentencing Memo Deadline 9/10/2010. Government Sentencing Memo Deadline 9/10/2010. (see) (Entered: 06/01/2010)
06/02/201077 Letter from Todd Gleason as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting Adjournment of June 25, 2010 Motion Hearing (Gleason, Todd) (Entered: 06/02/2010)
06/07/201078 Cross MOTION to Sever Defendant Elisa Dunn by Elisa Dunn. Motion Hearing set for 6/25/2010 02:00 PM in Utica before Judge David N. Hurd Response to Motion due by 6/8/2010 Reply to Response to Motion due by 6/14/2010. (Attachments: # 1 Cross Motion for Severance, # 2 Memorandum of Law in Opposition to Government's Motion in Limine to admit Juliano statement(s)/In Support of Cross Motion for Severance should Juliano admissions be deemed admissible, # 3 Certificate of Service via ECF)(Schlenker, Dennis) (Entered: 06/07/2010)
06/08/2010  Set/Reset Deadlines re Motion or Report and Recommendation in case as to Elisa Dunn 78 Cross MOTION to Sever Defendant Elisa Dunn. Response to Motion due by 6/15/2010 Reply to Response to Motion due by 6/21/2010. Motion Hearing set for 6/25/2010 ON SUBMIT. (cmr, ) (Entered: 06/08/2010)
06/08/201079 Letter from Craig A. Benedict as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting until June 15, 2010 to respond to Cross-Motion for Severance (Benedict, Craig) (Entered: 06/08/2010)
06/08/2010  Set/Reset Deadlines re Motion or Report and Recommendation in case as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff 74 MOTION in Limine to Admit Prior Incriminating Statements, 72 MOTION in Limine to Admit Expert Testimony. Response to Motion due by 6/15/2010 Reply to Response to Motion due by 6/21/2010. Motion Hearing set for 6/25/2010 ON SUBMIT. No need to appear. (cmr, ) (Entered: 06/08/2010)
06/10/2010  TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe:GRAND JURY makes a partial report and returns Superseding Indictment. Tally Sheet is ordered sealed. No special requests. (Court Reporter Sue Byrne) (rjb, ) (Entered: 06/10/2010)
06/10/201080 FIRST SUPERSEDING INDICTMENT: as to Certified Environmental Services, Inc. (1) counts 1s, 2s-7s, 8s-13s, 14s-15s, Barbara Duchene (2) counts 1s, Nicole Copeland (3) counts 1s, 2s-7s, 8s, 10s-13s, Elisa Dunn (4) counts 1s, 7s, 12s, 14s-15s, Sandy Allen (5) counts 1s, 2s, 9s-10s, Thomas Juliano (6) counts 1s, 5s, 11s. (mae) (Entered: 06/11/2010)
06/15/2010  NOTICE OF HEARING as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas JulianoFinal pretrial conference, jury selection and Trial reset for 9/13/2010 09:30 AM in Utica before Judge David N. Hurd. Appearance required. Supplemental motions, if any must be filed by 7/13/10 and made returnable 8/12/10 @ 11 a.m. in Utica, New York. A conference will be held on 8/12/10 to determine readiness for trial and motions.(cmr, ) (Entered: 06/15/2010)
06/15/2010  NOTICE OF HEARING as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano Pretrial Conference set for 8/12/2010 11:00 AM in Utica before Judge David N. Hurd. Appearance required.(cmr, ) (Entered: 06/15/2010)
06/15/201081 RESPONSE to Motion by USA as to Elisa Dunn re 78 Cross MOTION to Sever Defendant Elisa Dunn (Attachments: # 1 Certificate of Service)(Benedict, Craig) (Entered: 06/15/2010)
06/15/201082 MEMORANDUM OF LAW IN OPPOSITION TO GOVERNMENT MOTIONS IN LIMINE (Attachments: # 1 Certificate of Service)(Kinsella, Donald) (Entered: 06/15/2010)
06/16/201083 NOTICE of option to waive appearance at arraignment as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano; waivers must be filed no later than June 23, 2010. (rjb, ) (Entered: 06/16/2010)
06/16/201084 Letter from Dennis B. Schlenker, Esq. as to Elisa Dunn requesting Joining in Defendant Nicole Copeland's Opposition [Doc #82] to the Government's Motions in limine to utilize certain statements and to approve the testimony of expert witnesses (Schlenker, Dennis) (Entered: 06/16/2010)
06/16/201085 Letter from Robert G. Wells as to Thomas Juliano requesting as to Thomas Juliano joining in Defendant Nicole Copeland Opposition [Doc #82] to the Government's Motion in Limine to utilize certain statements and to approve the testimony of expert witnesses (Wells, Robert) (Entered: 06/16/2010)
06/17/201086 WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Elisa Dunn (Schlenker, Dennis) (Entered: 06/17/2010)
06/21/201087 WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Thomas Juliano (Wells, Robert) (Entered: 06/21/2010)
06/21/201088 WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Barbara Duchene (Hildebrandt, George) (Entered: 06/21/2010)
06/22/201089 WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Nicole Copeland (Kinsella, Donald) (Entered: 06/22/2010)
06/22/201090 REPLY TO RESPONSE to Motion by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff re 72 MOTION in Limine to Admit Expert Testimony (Moats, Jessica) (Entered: 06/22/2010)
06/22/201091 REPLY TO RESPONSE to Motion by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff re 74 MOTION in Limine to Admit Prior Incriminating Statements, 78 Cross MOTION to Sever Defendant Elisa Dunn (Moats, Jessica) (Entered: 06/22/2010)
06/22/201092 WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Sandy Allen (McGraw, James) (Entered: 06/22/2010)
06/22/201093 ORDER approving waiver of appearance at arraignment and entry of not guilty plea as to Elisa Dunn. Signed by Magistrate Judge George H. Lowe on 6/22/10. (rjb, ) (Entered: 06/22/2010)
06/22/201094 ORDER approving waiver of appearance at arraignment and entry of not guilty plea as to Barbara Duchene. Signed by Magistrate Judge George H. Lowe on 6/22/10. (rjb, ) (Entered: 06/22/2010)
06/22/201095 ORDER approving waiver of appearance at arraignment and entry of not guilty plea as to Nicole Copeland. Signed by Magistrate Judge George H. Lowe on 6/22/10. (rjb, ) (Entered: 06/22/2010)
06/22/201096 ORDER approving waiver of appearance at arraignment and entry of not guilty plea as to Sandy Allen. Signed by Magistrate Judge George H. Lowe on 6/22/10. (rjb, ) (Entered: 06/22/2010)
06/22/201097 ORDER approving waiver of appearance at arraignment and entry of not guilty plea as to Thomas Juliano. Signed by Magistrate Judge George H. Lowe on 6/22/10. (rjb, ) (Entered: 06/22/2010)
06/22/201098 CRIMINAL PRETRIAL SCHEDULING ORDER as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano: Motions to be filed by 7/20/2010; Jury Trial set for 8/16/2010 at 09:30 AM in Utica before Judge David N. Hurd. Signed by Magistrate Judge George H. Lowe on 6/22/10. (rjb, ) (Entered: 06/22/2010)
06/23/2010  Trial will proceed on 9/13/10 before Judge Hurd as scheduled and a conference will be held on 8/12/10 as previously noticed. Please adjust your calendars accordingly per verbal order of Judge David N. Hurd. Any questions, contact Mr. Craig B. Minor @ 315-793-8271. (cmr, ) (Entered: 06/23/2010)
06/23/201099 WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Certified Environmental Services, Inc. (Nugent, Gabriel) (Entered: 06/23/2010)
06/24/2010  Reset Hearing as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano pursuant to the 6/23/2010 Text Order: Jury Trial set for 9/13/2010 09:30 AM in Utica before Judge David N. Hurd. (see) (Entered: 06/24/2010)
06/24/2010100 ORDER approving waiver of appearance at arraignment and entry of not guilty plea as to Certified Environmental Services, Inc.. Signed by Magistrate Judge George H. Lowe on 6/24/10. (rjb, ) (Entered: 06/24/2010)
07/28/2010101 Stipulation & ORDER TO CONTINUE - Ends of Justice as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano Time excluded from 7/8/2010 until 9/13/2010. Jury Trial set for 9/13/2010 09:30 AM in Utica before Judge David N. Hurd, or in the alternative, a change of plea shall be entered on or before 9/13/2010.Signed by Judge David N. Hurd on 7/28/2010. (see) (Entered: 07/29/2010)
08/03/2010102 Letter from Craig A. Benedict as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting the Court allow the exchange of pretrial submissions to take place two weeks before trial (Benedict, Craig) (Entered: 08/03/2010)
08/03/2010103 Letter from Robert G. Wells for all defense counsel as to Thomas Juliano requesting Court grant USA request for later pretrial exchange date (Wells, Robert) (Entered: 08/03/2010)
08/04/2010104 Endorsement ORDER granting the 102 Letter requesting that the Court allow the exchange of pretrial submissions to take place two weeks before trial, as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano. Signed by Judge David N. Hurd on 8/4/2010. (see) (Entered: 08/04/2010)
08/10/2010105 SEALED Letter Request by USA - maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 08/10/2010)
08/10/2010106 SEALED Sealing Order, sealing document #105 - maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 08/10/2010)
08/10/2010107 SEALED Order - maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 08/10/2010)
08/12/2010108 ORDER granting govt's 72 Motion to admit the expert testimony of EPA Special Agent Derx and Senior NYS Dept of Health Engineer Alonge, subject to defts' objections at trial; granting govt's 74 motion to admit testimony of Thomas Gallaueresi, subject to defts' objections at trial; denying deft Dunn's 78 Motion to Sever. Signed by Judge David N. Hurd on 8/12/10. (cbm ) (Entered: 08/12/2010)
08/13/2010109 Minute Entry for proceedings held before Judge David N. Hurd:Motion Hearing held on 8/12/10 in Utica, NY. Summary order to be filed. (Court Reporter Diane Martens) (cmr, ) (Entered: 08/13/2010)
08/19/2010110 NOTICE OF ATTORNEY APPEARANCE Jessica M. Alloway appearing for USA as Co-Counsel Amended Notice of Appearance to reflect Name Change (Alloway, Jessica) (Entered: 08/19/2010)
08/19/2010111  MOTION in Limine to Preclude Admission of NYS Dep't of Labor Statements by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff. (Attachments: # 1 Notice of Motion, # 2 Memorandum of Law, # 3 Exhibit(s) # 1, # 4 Exhibit(s) # 2)(Gleason, Todd) (Entered: 08/19/2010)
08/30/2010  Utica Clerk's Office received copies of Exhibits that the USA anticipates introducing at trial alog with a DVD which includes these Exhibits in PDF format. (see) (Entered: 08/30/2010)
08/30/2010112 PROPOSED VERDICT FORM by Thomas Juliano as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano (Wells, Robert) (Entered: 08/30/2010)
08/30/2010113 Court Ordered Questionnaire as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (Nugent, Gabriel) (Entered: 08/30/2010)
08/30/2010114 Court Ordered Questionnaire as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (Benedict, Craig) (Entered: 08/30/2010)
08/30/2010115 EXHIBIT LIST by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (Benedict, Craig) (Entered: 08/30/2010)
08/30/2010116 Proposed Jury Instructions by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (Benedict, Craig) (Entered: 08/30/2010)
08/30/2010117 PROPOSED VERDICT FORM by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (Benedict, Craig) (Entered: 08/30/2010)
08/30/2010118 Proposed Voir Dire by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (Benedict, Craig) (Entered: 08/30/2010)
08/30/2010119 TRIAL BRIEF [See # 122 for corrected version with attachments] by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (Benedict, Craig) Modified on 8/30/2010 to refer viewers to look at # 122 entry. (mae) (Entered: 08/30/2010)
08/30/2010120 WITNESS LIST by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (Attachments: # 1 Certificate of Service)(Benedict, Craig) (Entered: 08/30/2010)
08/30/2010121 Letter from Donald T Kinsella as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting Extension of time to file defense exhibit and witness lists (Attachments: # 1 Certificate of Service)(Kinsella, Donald) (Entered: 08/30/2010)
08/30/2010122 Corrected TRIAL BRIEF by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff. Corrects the 119 Trial Brief. (Attachments: # 1 EXHIBIT 1, # 2 EXHIBIT 2, # 3 EXHIBIT 3)(Benedict, Craig) Modified on 8/30/2010 {This submission is correcting the # 119 submission to include the referenced attachments.} (mae) (Entered: 08/30/2010)
08/30/2010123 Proposed Jury Instructions by Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (Nugent, Gabriel) (Entered: 08/30/2010)
08/30/2010124 TRIAL BRIEF by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano (Nugent, Gabriel) (Entered: 08/30/2010)
08/30/2010125 RESPONSE in Opposition by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano re 111 MOTION in Limine to Preclude Admission of NYS Dep't of Labor Statements (Attachments: # 1 Exhibit(s) Exhibit A)(Nugent, Gabriel) (Entered: 08/30/2010)
08/30/2010126 WITNESS LIST by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano (Nugent, Gabriel) (Entered: 08/30/2010)
08/30/2010127 EXHIBIT LIST by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano (Nugent, Gabriel) (Entered: 08/30/2010)
08/31/2010  Atty. Kinsella's letter request dated 8/30/10 (docket #121) for extension of time to 9/3/10 to file defts' pretrial papers is hereby GRANTED. Pretrial papers now due by 12:00 Noon on 9/3/10 as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano per verbal order of Judge David N. Hurd. (cmr, ) (Entered: 08/31/2010)
09/02/2010128 Proposed Voir Dire by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano (Nugent, Gabriel) (Entered: 09/02/2010)
09/02/2010129 REPLY TO RESPONSE to Motion by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff re 111 MOTION in Limine to Preclude Admission of NYS Dep't of Labor Statements (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2)(Gleason, Todd) (Entered: 09/02/2010)
09/03/2010130  MOTION in Limine for a Pretrial Ruling on Code Rule 56 Requirements by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff. (Alloway, Jessica) (Entered: 09/03/2010)
09/03/2010131 MEMORANDUM OF LAW re 130 Motion in Limine for Pretrial Ruling on Code Rule 56 Requirements (Attachments: # 1 Exhibit(s) Projects Appendix, # 2 Exhibit(s) DOL Opinion Letter Dated May 2009, # 3 Exhibit(s) AV 120, # 4 Exhibit(s) DOL Opinion Letter Dated January 2003)(Alloway, Jessica) (Entered: 09/03/2010)
09/03/2010132 Revised WITNESS LIST by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano (Nugent, Gabriel) (Entered: 09/03/2010)
09/07/2010133 RESPONSE in Opposition by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano re 130 MOTION in Limine for a Pretrial Ruling on Code Rule 56 Requirements (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D, # 5 Exhibit(s) Exhibit E, # 6 Exhibit(s) Exhibit F)(Nugent, Gabriel) (Entered: 09/07/2010)
09/08/2010134 Letter from Dennis B. Schlenker as to Elisa Dunn requesting the second day of Trial (9/14/10) begin in the afternoon (Attachments: # 1 Certificate of Service via ECF)(Schlenker, Dennis) (Entered: 09/08/2010)
09/08/2010  Set/Reset Hearings as to Frank Onoff: Sentencing reset for 11/19/2010 11:30 AM in Utica per request of AUSA Craig Benedict and verbal order of Judge David N. Hurd. Appearance required. Please adjust your calendars accordingly. (cmr, ) (Entered: 09/08/2010)
09/08/2010  Set/Reset Deadlines/Hearings as to Frank Onoff: Defendant Sentencing Memo Deadline 11/5/2010. Government Sentencing Memo Deadline 11/5/2010. (see) (Entered: 09/08/2010)
09/08/2010  Atty. Schlenker's letter request dated 9/8/10 for a brief adjournment of the trial on 9/14/10 (docket #134) is hereby denied. Trial to proceed as scheduled per oral order of Judge David N. Hurd. (cmr, ) Modified on 9/9/2010 to correct docket reference from 143 to 134. (cbm ) (Entered: 09/08/2010)
09/08/2010135 Letter from AUSA Craig Benedict as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting that the Court first consider the Government's Reply Brief before deciding the issue of further motion practice (Gleason, Todd) (Entered: 09/08/2010)
09/08/2010136 REPLY TO RESPONSE to Motion by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff re 130 MOTION in Limine for a Pretrial Ruling on Code Rule 56 Requirements (Gleason, Todd) (Entered: 09/08/2010)
09/09/2010137 Letter from Craig A. Benedict as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting an in-camera review of notes (Attachments: # 1 Attachment, # 2 Attachment)(Benedict, Craig) (Entered: 09/09/2010)
09/09/2010138 WITNESS LIST by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (Attachments: # 1 Certificate of Service)(Benedict, Craig) (Entered: 09/09/2010)
09/10/2010139 Letter from Todd W. Gleason as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting Pretrial Evidentiary Hearing as to Admissibility of Voluminous Documents (Gleason, Todd) (Entered: 09/10/2010)
09/10/2010140 ORDER sealing govt's letter and notes, signed by Judge Hurd 9/9/10. (cbm ) (Additional attachment(s) added on 9/10/2010: # 1 notes) (cbm, ). (Entered: 09/10/2010)
09/10/2010141 Letter from All Defendants as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano requesting Production of Records & in response to the letter sent to the Court on 9/9/2010 by AUSA Benedict. (Nugent, Gabriel) (Entered: 09/10/2010)
09/10/2010142 Letter from Todd W. Gleason as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting the Court to Consider Government Response to Doc. 141 (Gleason, Todd) (Entered: 09/10/2010)
09/10/2010  ORAL ORDER as to Request for In Camera Review by Gov't 137 . Upon in camera review of the notes at issue, it is ORDERED that the notes are not subject to disclosure, pursuant to Fed. R. Crim. P. 16(a)(2), pursuant to the oral order of Hon David N. Hurd. (djc, ) (Entered: 09/10/2010)
09/14/2010143 Minute Entry for proceedings held before Judge David N. Hurd:Jury Trial as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano held on 9/13/2010 in Utica, NY. Adj. to 9/14/10. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 09/14/2010)
09/14/2010145 FIRST & SECOND STIPULATIONS as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano. (see) (Entered: 09/15/2010)
09/14/2010146 THIRD STIPULATION as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano. (see) (Entered: 09/15/2010)
09/15/2010144 Minute Entry for proceedings held before Judge David N. Hurd:Jury Trial as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano held on 9/14/2010 in Utica, NY. Adj. to 9/15/10. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 09/15/2010)
09/16/2010147 MEMORANDUM OF LAW In Support of United States Ore Tenus Motion to Admit Summary Exhibits (Gleason, Todd) (Entered: 09/16/2010)
09/17/2010148 Minute Entry for proceedings held before Judge David N. Hurd:Jury Trial as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano held on 9/15/2010 in Utica, NY. Adj. to 9/20/10. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 09/17/2010)
09/17/2010149 MEMORANDUM OF LAW in Opposition to United States Ore Tenus Motion to Admit Summary Exhibits Jointly Filed on behalf of Defendants Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen and Thomas Juliano (Attachments: # 1 Certificate of Service via ECF)(Schlenker, Dennis) (Entered: 09/17/2010)
09/21/2010150 Minute Entry for proceedings held before Judge David N. Hurd:Jury Trial as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano held on 9/20/2010 in Utica, NY. Adj. to 9/21/10. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 09/21/2010)
09/22/2010151 Minute Entry for proceedings held before Judge David N. Hurd:Jury Trial as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano held on 9/21/2010 in Utica, NY. Adj. to 9/22/10. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 09/22/2010)
09/23/2010152 Minute Entry for proceedings held before Judge David N. Hurd:Jury Trial as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano held on 9/22/2010 in Utica, NY. Adj. to 9/23/10. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 09/23/2010)
09/24/2010153 Notice of Decision Not to File Motion to Quash from United States as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (non-request). (Alloway, Jessica) (Entered: 09/24/2010)
09/24/2010156 Court Exhibit #5, FOURTH STIPULATIONS as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano. (see) (Entered: 09/27/2010)
09/26/2010154 Minute Entry for proceedings held before Judge David N. Hurd:Jury Trial as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano held on 9/23/2010 in Utica, NY. Adj. to 9/27/10. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 09/26/2010)
09/26/2010155  MOTION in Limine to preclude admission of communications between USAO and NYS DOL by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff. (Attachments: # 1 Exhibit(s) DOL Communications (Exhibit 1, part 1 of 5), # 2 Exhibit(s) DOL Communications (Exhibit 1, part 2 of 5), # 3 Exhibit(s) DOL Communications (Exhibit 1, part 3 of 5), # 4 Exhibit(s) DOL Communications (Exhibit 1, part 4 of 5), # 5 Exhibit(s) DOL Communications (Exhibit 1, part 5 of 5))(Alloway, Jessica) (Entered: 09/26/2010)
09/27/2010157 SEALED DOCUMENT - maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 09/27/2010)
09/27/2010158 SEALED Sealing Order, sealing document #157 - maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 09/27/2010)
09/28/2010159 Minute Entry for proceedings held before Judge David N. Hurd:Jury Trial as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano held on 9/27/2010 in Utica, NY. Adj. to 9/28/10. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 09/28/2010)
09/28/2010160 Minute Entry for proceedings held before Judge David N. Hurd:Jury Trial as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano held on 9/28/2010. Adj. to 9/29/10. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 09/28/2010)
09/30/2010161 Minute Entry for proceedings held before Judge David N. Hurd:Jury Trial as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano held on 9/29/2010. Adj. to 9/30/10. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 09/30/2010)
10/01/2010162 Minute Entry for proceedings held before Judge David N. Hurd:Jury Trial as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano held on 9/30/2010 in Utica. NY. Adj. to 10/4/10 (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 10/01/2010)
10/01/2010163 FIFTH STIPULATION by USA, Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff to admissibility of exhibits 2268-2271 (Gleason, Todd) (Entered: 10/01/2010)
10/03/2010164 Amended Proposed Jury Instructions by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (Gleason, Todd) (Entered: 10/03/2010)
10/03/2010165 RESPONSE in Opposition by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano re 155 MOTION in Limine to preclude admission of communications between USAO and NYS DOL and in support of motion to dismiss indictment or for a mistrial (Attachments: # 1 Exhibit(s) Exhibit 1, # 2 Exhibit(s) Exhibit 2, # 3 Exhibit(s) Exhibit 3, # 4 Exhibit(s) Exhibit 4, # 5 Exhibit(s) Exhibit 5, # 6 Exhibit(s) Exhibit 6, # 7 Exhibit(s) Exhibit 7, # 8 Exhibit(s) Exhibit 8, # 9 Exhibit(s) Exhibit 9, # 10 Exhibit(s) Exhibit 10, # 11 Exhibit(s) Exhibit 11, # 12 Exhibit(s) Exhibit 12)(Nugent, Gabriel) (Entered: 10/03/2010)
10/04/2010166 Letter from Todd Gleason as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting That the Court Direct the Defendants Produce All Recorded Statements of Daniel Hoosock (Gleason, Todd) (Entered: 10/04/2010)
10/04/2010167 Letter from Gabriel M. Nugent as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano requesting Denial of Request for Notes (Nugent, Gabriel) (Entered: 10/04/2010)
10/05/2010168 Minute Entry for proceedings held before Judge David N. Hurd:Jury Trial as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano held on 10/4/2010 in Utica,NY. Adj. to 10/5/10. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 10/05/2010)
10/05/2010169 Proposed Jury Instructions by Thomas Juliano as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano (Wells, Robert) (Entered: 10/05/2010)
10/06/2010170 Minute Entry for proceedings held before Judge David N. Hurd:Jury Trial as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano held on 10/5/2010 in Utica,NY. Adj. to 10/6/10 (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 10/06/2010)
10/07/2010171 Minute Entry for proceedings held before Judge David N. Hurd:Jury Trial as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano held on 10/6/2010 in Utica, NY. Adj. to 10/7/10. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 10/07/2010)
10/08/2010172 Minute Entry for proceedings held before Judge David N. Hurd:Jury Trial as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano held on 10/7/2010 in Utica, NY. Adj. to 10/8/10. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 10/08/2010)
10/12/2010173 Minute Entry for proceedings held before Judge David N. Hurd:Jury Trial as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano held on 10/8/2010 in Utica, NY. Adj. to 10/12/10. (Court Reporter Nancy Freddoso) (cmr, ) (Main Document 173 replaced on 10/14/2010) (cbm, ). (Entered: 10/12/2010)
10/12/2010174 COURT EXHIBIT 8 - Verdict form Count 1 (jury signature page redacted). (cbm ) (Entered: 10/12/2010)
10/12/2010175 COURT EXHIBIT 9 - Verdict form for CES, Counts 2-15 (jury signatures redacted).(cbm ) (Entered: 10/12/2010)
10/12/2010176 COURT EXHIBIT 10 - Verdict form for Nicole Copeland, Counts 2-8,10-13 (jury signatures redacted). (cbm ) (Entered: 10/12/2010)
10/12/2010177 COURT EXHIBIT 11 - Verdict form for Elisa Dunn, Counts 7, 12, 14, 15 (jury signatures redacted). (cbm ) (Entered: 10/12/2010)
10/12/2010178 COURT EXHIBIT 12 - Verdict form as to Sandy Allen, Counts 2, 9 and 10 (jury signatures redacted). (cbm ) (Entered: 10/12/2010)
10/12/2010179 COURT EXHIBIT 13 - Verdict form as to Thomas Juliano, Counts 5 and 11 (jury signatures redacted). (cbm ) (Entered: 10/12/2010)
10/12/2010  JURY VERDICT as to Certified Environmental Services, Inc. (1) Guilty on Count 2s-7s,8s-13s,14s-15s; and Nicole Copeland (3) Guilty on Count 2s-7s,8s,10s-13s; and Elisa Dunn (4) Guilty on Count 7s,12s,14s-15s; and Sandy Allen (5) Guilty on Count 2s,9s-10s. Thomas Juliano was found not guilty on counts 5 and 11. (cbm ) (Entered: 10/18/2010)
10/13/2010180 Minute Entry for proceedings held before Judge David N. Hurd:Jury Trial as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano held on 10/12/2010 in Utica, NY. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 10/13/2010)
10/13/2010181 GUIDELINE ORDER as to Certified Environmental Services, Inc. Sentencing set for 2/25/2011 02:00 PM in Utica, NY. Government Sentencing Memo Deadline 2/4/2011 Defendant Sentencing Memo Deadline 2/4/2011. Signed by Judge David N. Hurd on 10/13/2010. (cmr, ) (Entered: 10/13/2010)
10/13/2010182 GUIDELINE ORDER as to Nicole Copeland Sentencing set for 2/25/2011 02:00 PM in Utica, NY. Government Sentencing Memo Deadline 2/4/2011 Defendant Sentencing Memo Deadline 2/4/2011. Signed by Judge David N. Hurd on 10/13/2010. (cmr, ) (Entered: 10/13/2010)
10/13/2010183 GUIDELINE ORDER as to Elisa Dunn Sentencing set for 2/25/2011 02:00 PM in Utica, NY Government Sentencing Memo Deadline 2/4/2011 Defendant Sentencing Memo Deadline 2/4/2011. Signed by Judge David N. Hurd on 10/13/2010. (cmr, ) (Entered: 10/13/2010)
10/13/2010184 GUIDELINE ORDER as to Sandy Allen Sentencing set for 2/25/2011 02:00 PM in Utica, NY. Government Sentencing Memo Deadline 2/4/2011 Defendant Sentencing Memo Deadline 2/4/2011. Signed by Judge David N. Hurd on 10/13/2010. (cmr, ) (Entered: 10/13/2010)
10/13/2010185 Court Exhibit #15, Jury Note # 1 as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff. (mae) (Entered: 10/13/2010)
10/13/2010186 Court Exhibits # 16 and # 17, Jury Note # 2 as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff. (mae) (Entered: 10/13/2010)
10/13/2010187 Court Exhibits # 19 and # 20, Jury Note # 4 as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff. (mae) Modified on 10/14/2010 to correct number of jury note (cbm ). (Entered: 10/13/2010)
10/13/2010188 Court Exhibit # 21, Jury Note # 5 as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff. (mae) Modified on 10/14/2010 to change jury note 4 to 5 (cbm ). (Entered: 10/13/2010)
10/13/2010189 JUDGMENT as to Thomas Juliano (6): Defendant found not guilty after trial by jury. It is Ordered that the Defendant is acquitted, discharged, and any bond exonerated. Signed by Judge David N. Hurd on 10/12/2010. (mae) (Entered: 10/13/2010)
10/14/2010190 COURT EXHIBIT 18, jury note # 3. (cbm ) (Entered: 10/14/2010)
10/14/2010  CLERK'S CORRECTION OF DOCKET ENTRY: 173 minutes of 10/8/10 proceedings were replaced by corrected version; docket text was corrected as to 187 and 188 jury notes. (cbm ) (Entered: 10/14/2010)
10/14/2010191 Stipulation and ORDER TO CONTINUE - Ends of Justice as to Barbara Duchene : Time excluded from 10/13/10 until 12/14/10. Jury Trial set for 12/20/2010in Utica before Judge David N. Hurd. Motions to be filed by 11/14/2010, to be made returnable 11/26/10 ON SUBMIT. Signed by Judge David N. Hurd on 10/14/10. (cbm ) (Entered: 10/15/2010)
10/15/2010  Govt's Trial exhibits were returned to U.S. Attorney. (cbm ) (Entered: 10/15/2010)
10/26/2010192 First MOTION for Acquittal of Defendants on All Counts, First MOTION for New Trial of Defendants on All Counts ( Motion Hearing set for 12/3/2010 10:00 AM in Utica before Judge David N. Hurd, Response to Motion due by 11/16/2010, Reply to Response to Motion due by 11/22/2010.) by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen. (Attachments: # 1 Declaration, # 2 Exhibit(s) Exhibit 1, # 3 Exhibit(s) Exhibit 2, # 4 Exhibit(s) Exhibit 3, # 5 Exhibit(s) Exhibit 4, # 6 Exhibit(s) Exhibit 5, # 7 Exhibit(s) Exhibit 6, # 8 Exhibit(s) Exhibit 7, # 9 Exhibit(s) Exhibit 8, # 10 Exhibit(s) Exhibit 9, # 11 Exhibit(s) Exhibit 10, # 12 Exhibit(s) Exhibit 11, # 13 Exhibit(s) Exhibit 12, # 14 Exhibit(s) Exhibit 13, # 15 Exhibit(s) Exhibit 14, # 16 Exhibit(s) Exhibit 15, # 17 Exhibit(s) Exhibit 16, # 18 Exhibit(s) Exhibit 17, # 19 Exhibit(s) Exhibit 18)(Nugent, Gabriel) (Entered: 10/26/2010)
10/26/2010193 Memorandum of Law of All Defendants in support of the 192 MOTION for Acquittal and MOTION for New Trial by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen. (Nugent, Gabriel) Modified on 10/27/2010, removed notice of motion language and left MOL description. (see) (Entered: 10/26/2010)
10/26/2010194 Certificate of Service by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen re 192 First MOTION for Acquittal of Defendants on All CountsFirst MOTION for New Trial of Defendants on All Counts, 193 MOTION for Acquittal Memorandum of Law of All Defendants MOTION for New Trial (Nugent, Gabriel) (Entered: 10/26/2010)
10/27/2010  CLERK'S CORRECTION OF DOCKET ENTRY as to document no. 193 entered as a Motion for Acquittal and New Trial. Clerk terminated the motion as pending since it is a Memorandum of Law in support of the 192 Motion. Edited docket text of entry noting that it is a Memorandum of Law in support of the 192 Motion. Document #192 will remain as a pending motion. (see) (Entered: 10/27/2010)
10/27/2010  Reset Response and Reply Deadlines ONLY pursuant to the 180 Minutes of Trial, re Motion or Report and Recommendation in case as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen 192 First MOTION for Acquittal of Defendants on All CountsFirst MOTION for New Trial of Defendants on All Counts. Response to Motion due by 11/10/2010. Reply to Response to Motion due by 11/17/2010. (see) (Entered: 10/27/2010)
10/27/2010  Set/Reset Hearings as to Frank Onoff: Sentencing reset for 3/25/2011 11:00 AM in Utica per request of Probation Dept. and verbal order of Judge David N. Hurd. Please adjust your records accordingly. (cmr, ) (Entered: 10/27/2010)
10/27/2010  Set/Reset Deadlines/Hearings as to Frank Onoff: Defendant Sentencing Memo Deadline 3/4/2011. Government Sentencing Memo Deadline 3/4/2011. (see) (Entered: 10/27/2010)
10/28/2010195 Letter from Todd Gleason as to Barbara Duchene requesting Adjournment of Trial Date (Gleason, Todd) (Entered: 10/28/2010)
11/01/2010  Atty. Gleason's letter request dated 10/28/10 (docket #195) is hereby granted per order of Judge David N. Hurd. Final pretrial conference, jury selection and trial will now be held on Monday, January 10th, 2011 @ 9:30 a.m. in Utica, New York as to Barbara Duchene: (cmr, ) (Entered: 11/01/2010)
11/01/2010  NOTICE OF HEARING as to Barbara DucheneFinal pretrial conference, jury selection and Trial set for 1/10/2011 09:30 AM in Utica before Judge David N. Hurd. Appearance required. Pretrial papers due by 12:00 Noon on 12/30/10.(cmr, ) (Entered: 11/01/2010)
11/02/2010196 Letter from Todd Gleason as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting Extension of Time to File Response to Defendants' Post-Trial Motions (Gleason, Todd) (Entered: 11/02/2010)
11/02/2010197 Letter from George F. Hildebrandt as to Barbara Duchene requesting rescheduling of Barbara DuChene's trial date (Hildebrandt, George) (Entered: 11/02/2010)
11/03/2010198 ORDER denying the Government's 196 Letter Request for an Extension of Time to File Response to Defendants' Post-Trial Motions as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen. Signed by Judge David N. Hurd on 11/3/2010. (see) (Entered: 11/03/2010)
11/04/2010  Atty. Hildebrandt's letter request of 11/2/10 (docket #197) is hereby GRANTED IN PART/DENIED IN PART. Trial rescheduled for 3/22/11 @ 9:30 a.m. in Utica, NY. Pretrial papers due by 12:00 Noon on 3/7/11. The parties are further directed to submit a stiplation excluding the speedy trial time forthwith or trial will proceed as previously scheduled per verbal order of Judge David N. Hurd. (cmr, ) (Entered: 11/04/2010)
11/05/2010199 COURT EXHIBIT No. 1, Preliminary Jury Instructions. (see) (Entered: 11/05/2010)
11/09/2010200 Stipulation & ORDER TO CONTINUE - Ends of Justice as to Barbara Duchene Time excluded from 11/8/2010 until 3/22/2011. Jury Trial set for 3/22/2011 09:30 AM in Utica before Judge David N. Hurd. Motions to be filed by 2/18/2011 & shall be made returnable on 3/11/2011.Signed by Judge David N. Hurd on 11/9/2010. (see) (Entered: 11/10/2010)
11/10/2010201 RESPONSE in Opposition by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff re 19 MOTION for Acquittal / MOTION for New Trial (Attachments: # 1 Exhibit(s) 1 - Affidavit of Jeffrey Shapiro, # 2 Exhibit(s) 2 - Chart Summarizing Evidence of Overt Acts Corresponding to Mail Fraud Prong of Conspiracy, # 3 Exhibit(s) 3 - Chart Summarizing Evidence of Substantive Mail Fraud Counts, # 4 Exhibit(s) 4 - Hinds/Brewster Chart, # 5 Exhibit(s) 5 - Affidavit of Christopher Alonge)(Gleason, Todd) (Attachment 5 replaced on 11/12/2010 with pdf that contains pages in correct order.) (mae) (Entered: 11/10/2010)
11/17/2010202 REPLY TO RESPONSE to Motion by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen in further support of the 192 First MOTION for Acquittal of Defendants on All CountsFirst MOTION for New Trial of Defendants on All Counts, (Attachments: # 1 Exhibit(s) Exhibit 19)(Nugent, Gabriel) (Entered: 11/17/2010)
11/17/2010203 REPLY Memorandum of Law in further support of the 192 First MOTION for Acquittal of Defendants on All CountsFirst MOTION for New Trial of Defendants on All Counts, by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen (Nugent, Gabriel) (Entered: 11/17/2010)
11/29/2010  Set/Reset Deadlines re Motion or Report and Recommendation in case as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen 192 First MOTION for Acquittal of Defendants on All CountsFirst MOTION for New Trial of Defendants on All Counts. Motion Hearing set for 12/3/2010 10:00 AM in Utica before Judge David N. Hurd Appearance required. Please adjust your calendars accordingly. The Court will entertain oral argument on the motions.(cmr, ) (Entered: 11/29/2010)
12/03/2010204 ORDER denying 192 Motion for Acquittal / for new trial as to Certified Environmental Services, Inc. (1), Nicole Copeland (3), Elisa Dunn (4), Sandy Allen (5). Signed by Judge David N. Hurd on 12/3/10. (cbm ) (Entered: 12/03/2010)
12/03/2010205 Minute Entry for proceedings held before Judge David N. Hurd:Motion Hearing as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen held on 12/3/2010 in Utica, NY. Summary order to be filed. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 12/03/2010)
12/08/2010206 COURT EXHIBIT No. 2, Summary of Charges. (see) (Entered: 12/08/2010)
12/08/2010207 COURT EXHIBIT No. 7, Jury Instructions. (see) (Entered: 12/08/2010)
02/01/2011  Set/Reset Hearings as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen: Sentencing reset for 4/1/2011 11:00 AM in Utica per request of Probation Department and verbal order of Judge David N. Hurd. Appearance required. (cmr, ) (Entered: 02/01/2011)
02/01/2011  Set/Reset Deadlines/Hearings as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen: Defendant Sentencing Memo Deadline 3/11/2011. Government Sentencing Memo Deadline 3/11/2011. (see) (Entered: 02/01/2011)
03/02/2011208 Letter from Craig A. Benedict as to Frank Onoff requesting an adjournment of sentencing (Benedict, Craig) (Entered: 03/02/2011)
03/04/2011  AUSA Craig Benedict's letter request dated 3/2/11 (docket #208) is hereby DENIED per verbal order of Judge David N. Hurd. Sentencing to proceed as scheduled. Appearance required. Please file sentencing memoranda forthwith. (cmr, ) (Entered: 03/04/2011)
03/04/2011  Please file sentencing memoranda by 12:00 Noon on 3/18/11 as to Frank Onoff: per verbal order of Judge David N. Hurd. (cmr, ) (Entered: 03/04/2011)
03/07/2011209 ORDER FOR DISMISSAL as to Barbara Duchene: that the U.S. Attorney for the NDNY hereby dismisses without prejudice Count 1 of Indictment No. 09-CR-319 against Barbara Duchene. The reason for this dismissal is: The deft pled guilty to state charges. Signed by Judge David N. Hurd on 3/7/2011. (see) (Entered: 03/07/2011)
03/09/2011  NOTICE OF HEARING as to Certified Environmental Services, Inc. Sentencing reset for 3/25/2011 10:30 AM in Utica, NY. Sentencing memoranda due by 12:00 Noon on 3/18/11 per verbal order of Judge David N. Hurd.(cmr, ) (Entered: 03/09/2011)
03/09/2011  NOTICE OF HEARING as to Frank Onoff Sentencing reset for 3/25/2011 11:30 AM in Utica, NY. Appearance required. Sentencing memoranda due by 12:00 Noon on 3/18/11 per verbal order of Judge David N. Hurd.(cmr, ) (Entered: 03/09/2011)
03/09/2011  NOTICE OF HEARING as to Nicole Copeland Sentencing reset for 3/29/2011 10:30 AM in Utica, NY. Sentencing memoranda due by 12:00 Noon on 3/18/11 per verbal order of Judge David N. Hurd. Appearance required. (cmr, ) (Entered: 03/09/2011)
03/09/2011  NOTICE OF HEARING as to Elisa Dunn Sentencing reset for 3/29/2011 11:00 AM in Utica, NY. Appearance required. Sentencing memoranda due by 12:00 Noon on 3/18/11 per verbal order of Judge David N. Hurd. (cmr, ) (Entered: 03/09/2011)
03/09/2011  NOTICE OF HEARING as to Sandy Allen Sentencing reset for 3/29/2011 11:30 AM in Utica, NY. Appearance required. Sentencing memoranda due by 12:00 Noon on 3/18/11 per verbal order of Judge David N. Hurd. Please adjust your calendars accordingly. (cmr, ) (Entered: 03/09/2011)
03/17/2011210  SENTENCING MEMORANDUM by Nicole Copeland (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Certificate of Service)(Kinsella, Donald) (Entered: 03/17/2011)
03/17/2011211  SENTENCING MEMORANDUM by Elisa Dunn (Schlenker, Dennis) (Entered: 03/17/2011)
03/18/2011212 First SENTENCING MEMORANDUM by Frank Onoff (LaRose, Stuart) (Entered: 03/18/2011)
03/18/2011213  SENTENCING MEMORANDUM by Certified Environmental Services, Inc. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D, # 5 Exhibit(s) Exhibit E, # 6 Exhibit(s) Exhibit F)(Nugent, Gabriel) (Entered: 03/18/2011)
03/18/2011214  SENTENCING MEMORANDUM by USA as to Sandy Allen (Benedict, Craig) (Entered: 03/18/2011)
03/18/2011215  SENTENCING MEMORANDUM by USA as to Certified Environmental Services, Inc. (Benedict, Craig) (Entered: 03/18/2011)
03/18/2011216  SENTENCING MEMORANDUM by USA as to Nicole Copeland (Benedict, Craig) (Entered: 03/18/2011)
03/18/2011217  SENTENCING MEMORANDUM by USA as to Elisa Dunn (Benedict, Craig) (Entered: 03/18/2011)
03/18/2011218  SENTENCING MEMORANDUM by USA as to Frank Onoff (Benedict, Craig) (Entered: 03/18/2011)
03/18/2011219  SENTENCING MEMORANDUM by Sandy Allen (McGraw, James) (Entered: 03/18/2011)
03/22/2011220 NOTICE OF ATTORNEY APPEARANCE: John D. Hoggan, Jr appearing for Elisa Dunn as Co-Counsel with/for Attorney: Dennis Schlenker (Hoggan, John) (Entered: 03/22/2011)
03/22/2011221 Certificate of Service by Elisa Dunn re 220 Notice of Attorney Appearance - Defendant (Hoggan, John) (Entered: 03/22/2011)
03/23/2011  NOTICE OF HEARING as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Frank Onoff Evidentiary Hearing to address the issue of restitution set for 4/26/2011 10:00 AM in Utica before Judge David N. Hurd. Appearance required. All sentencings currently scheduled are adjourned without date pending the hearing. Counsel for the parties are hereby directed to file witness & exhibit lists together with a memorandum of law addressing issue of restitution by 12:00 Noon on 4/19/11. Please adjust your calendars accordingly.(cmr, ) (Entered: 03/23/2011)
03/23/2011  Terminate all Sentencing Hearings as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Frank Onoff pursuant to the 3/23/2011 Text Notice. (see) (Entered: 03/23/2011)
03/23/2011222 Letter by Elisa Dunn to Judge Hurd. (see) (Entered: 03/23/2011)
03/28/2011223 Second SENTENCING MEMORANDUM by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (Attachments: # 1 Exhibit(s))(Gleason, Todd) (Entered: 03/28/2011)
04/18/2011224 TRANSCRIPT REQUEST by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff for proceedings held on December 3, 2010 before Judge David N. Hurd. (Benedict, Craig) (Entered: 04/18/2011)
04/18/2011225 Supplemental SENTENCING MEMORANDUM by Elisa Dunn (Attachments: # 1 Certificate of Service via ECF)(Schlenker, Dennis) (Entered: 04/18/2011)
04/19/2011226 Deft's RESTITUTION HEARING MEMORANDUM OF LAW by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen (Nugent, Gabriel) (Entered: 04/19/2011)
04/19/2011227 RESTITUTION HEARING WITNESS & EXHIBIT LISTS by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen (Nugent, Gabriel) (Entered: 04/19/2011)
04/19/2011228 MEMORANDUM OF LAW Restitution Memorandum, Certificate of Service (McGraw, James) (Entered: 04/19/2011)
04/19/2011229 SENTENCING HEARING MEMORANDUM OF LAW, RE: RESTITUTION. (Attachments: # 1 Certificate of Service)(Benedict, Craig) (Entered: 04/19/2011)
04/19/2011230 SENTENCING HEARING MEMORANDUM OF LAW with affidavits attached. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Certificate of Service)(Benedict, Craig) (Entered: 04/19/2011)
04/19/2011231 RESTITUTION HEARING EXHIBIT LIST by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (Benedict, Craig) (Entered: 04/19/2011)
04/19/2011232 SENTENCING/RESTITUTION HEARING WITNESS LIST by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff (Benedict, Craig) (Entered: 04/19/2011)
04/27/2011233 Minute Entry for proceedings held before Judge David N. Hurd:Evidentiary Hearing as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Frank Onoff held on 4/26/2011 in Utica, NY. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 04/27/2011)
06/08/2011234 Deft Elisa Dunn's MEMORANDUM OF LAW Post Restitution Hearing (Schlenker, Dennis) (Entered: 06/08/2011)
06/08/2011235  Proposed Findings of Fact and Conclusions of Law by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen (Nugent, Gabriel) (Entered: 06/08/2011)
06/09/2011236 MEMORANDUM OF LAW Government's Proposed Findings of Fact and Conclusions of Law (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Certificate of Service)(Benedict, Craig) (Entered: 06/09/2011)
06/09/2011  AUSA Craig Benedict's request for 1 day extension of time in which to file Govt's brief is hereby granted per verbal order of Judge David N. Hurd. Brief due by 5 p.m. on 6/9/11. (cmr, ) (Entered: 06/09/2011)
06/09/2011237 Letter enclosing deft Frank Onoff's Post Hearing Memorandum from Stuart J. LaRose as to Frank Onoff and requesting one day extension to today to file restitution memorandum attached to this request with certificate of service (LaRose, Stuart) (Entered: 06/09/2011)
06/09/2011  Text ORDER as to Frank Onoff: that Attorney Stuart LaRoses 237 letter request for 1 day extension of time in which to file deft Frank Onoffs Post Hearing Memorandum is hereby granted per verbal order of Judge David N. Hurd on 6/9/2011. {Note: Deft's Post Hearing Memorandum is attached to the 237 Letter Request} Pursuant to the Oral Order of Judge David N. Hurd on 6/9/2011. (see) (Entered: 06/09/2011)
06/17/2011238 MEMORANDUM OF LAW response to defendants' findings of fact and conclusions of law (Attachments: # 1 Affidavit)(Benedict, Craig) (Entered: 06/17/2011)
06/23/2011239 Letter from Gabriel M. Nugent as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen requesting In Response to Dkt. 238 (Nugent, Gabriel) (Entered: 06/23/2011)
08/01/2011240 MEMORANDUM-DECISION & ORDER that restitution will be ordered as follows: Certified Environmental Services, Inc.: $117,101.96; Nicole Copeland: $23,420.00; Sandy Allen: $5,855.00; Elisa Dunn: $5,855.00; Frank Onoff: $3,703.50; and Each of the above-listed defendants will be jointly and severally liable to the extent of the restitution order as against that individual Signed by Judge David N. Hurd on 8/1/2011. (see) (Entered: 08/01/2011)
08/02/2011  NOTICE OF HEARING as to Certified Environmental Services, Inc. Sentencing set for 10/21/2011 10:00 AM in Utica before Judge David N. Hurd. Appearance required. Supplemental sentencing memoranda or supporting papers due by 12:00 Noon on 9/30/11.(cmr, ) (Entered: 08/02/2011)
08/02/2011  NOTICE OF HEARING as to Nicole Copeland Sentencing set for 10/21/2011 11:30 AM in Utica before Judge David N. Hurd. Appearance required. Supplemental sentencing memoranda or supporting papers due by 12:00 Noon on 9/30/11.(cmr, ) (Entered: 08/02/2011)
08/02/2011  NOTICE OF HEARING as to Elisa Dunn Sentencing set for 10/21/2011 02:00 PM in Utica before Judge David N. Hurd. Appearance required. Supplemental sentencing memoranda or supporting papers due by 12:00 Noon on 9/30/11.(cmr, ) (Entered: 08/02/2011)
08/02/2011  NOTICE OF HEARING as to Sandy Allen Sentencing set for 10/21/2011 02:30 PM in Utica before Judge David N. Hurd. Appearance required. Supplemental sentencing memoranda or supporting papers due by 12:00 noon on 9/30/11.(cmr, ) (Entered: 08/02/2011)
08/02/2011  NOTICE OF HEARING as to Frank Onoff Sentencing set for 10/21/2011 03:00 PM in Utica before Judge David N. Hurd. Appearance required. Supplemental sentencing memoranda or supporting papers due by 12:00 Noon on 9/30/11.(cmr, ) (Entered: 08/02/2011)
09/30/2011241 SECOND Supplemental SENTENCING MEMORANDUM by Elisa Dunn (Attachments: # 1 Certificate of Service via ECF)(Schlenker, Dennis) (Entered: 09/30/2011)
09/30/2011242 Supplemental SENTENCING MEMORANDUM by Nicole Copeland (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Declaration Certificate of Service)(Kinsella, Donald) (Entered: 09/30/2011)
09/30/2011243 Supplemental SENTENCING MEMORANDUM by USA as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen (Benedict, Craig) (Entered: 09/30/2011)
09/30/2011244 Supplemental SENTENCING MEMORANDUM by Certified Environmental Services, Inc. (Nugent, Gabriel) (Entered: 09/30/2011)
10/11/2011245 FINAL PRESENTENCE INVESTIGATION REPORT (AMENDED) [LODGED] as to Frank Onoff. The Presentence Investigation Report and/or Addendum have been AMENDED and supersede any previously submitted versions. This final version includes all revisions and the most recent Addendum, and will be used by the Court at the time of sentencing. [This document has been electronically lodged with the Court and is viewable by ONLY the attorney for the government, the attorney for the defendant, and the presiding judge. It is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited.] (dct, ) (Entered: 10/11/2011)
10/11/2011246 FINAL PRESENTENCE INVESTIGATION REPORT (AMENDED) [LODGED] as to Elisa Dunn. The Presentence Investigation Report and/or Addendum have been AMENDED and supersede any previously submitted versions. This final version includes all revisions and the most recent Addendum, and will be used by the Court at the time of sentencing. [This document has been electronically lodged with the Court and is viewable by ONLY the attorney for the government, the attorney for the defendant, and the presiding judge. It is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited.] (dct, ) (Entered: 10/11/2011)
10/11/2011247 FINAL PRESENTENCE INVESTIGATION REPORT (AMENDED) [LODGED] as to Certified Environmental Services, Inc.. The Presentence Investigation Report and/or Addendum have been AMENDED and supersede any previously submitted versions. This final version includes all revisions and the most recent Addendum, and will be used by the Court at the time of sentencing. [This document has been electronically lodged with the Court and is viewable by ONLY the attorney for the government, the attorney for the defendant, and the presiding judge. It is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited.] (dct, ) (Entered: 10/11/2011)
10/11/2011248 FINAL PRESENTENCE INVESTIGATION REPORT (AMENDED) [LODGED] as to Nicole Copeland. The Presentence Investigation Report and/or Addendum have been AMENDED and supersede any previously submitted versions. This final version includes all revisions and the most recent Addendum, and will be used by the Court at the time of sentencing. [This document has been electronically lodged with the Court and is viewable by ONLY the attorney for the government, the attorney for the defendant, and the presiding judge. It is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited.] (dct, ) (Entered: 10/11/2011)
10/11/2011249 FINAL PRESENTENCE INVESTIGATION REPORT (AMENDED) [LODGED] as to Sandy Allen. The Presentence Investigation Report and/or Addendum have been AMENDED and supersede any previously submitted versions. This final version includes all revisions and the most recent Addendum, and will be used by the Court at the time of sentencing. [This document has been electronically lodged with the Court and is viewable by ONLY the attorney for the government, the attorney for the defendant, and the presiding judge. It is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited.] (dct, ) (Entered: 10/11/2011)
10/24/2011250 Minute Entry for proceedings held before Judge David N. Hurd:Sentencing held on 10/21/2011 for deft CES, Inc. in Utica, NY. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 10/24/2011)
10/24/2011251 Minute Entry for proceedings held before Judge David N. Hurd:Sentencing held for deft Nicole Copeland on 10/21/2011 in Utica, NY. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 10/24/2011)
10/24/2011252 Minute Entry for proceedings held before Judge David N. Hurd:Sentencing held on 10/21/2011 in Utica, NY for Elisa Dunn. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 10/24/2011)
10/24/2011  Special Assessment in the amount of $500.00 imposed on 10/21/11 due immediately as to Elisa Dunn: (cmr, ) (Entered: 10/24/2011)
10/24/2011253 Minute Entry for proceedings held before Judge David N. Hurd:Sentencing held on 10/21/2011 for Sandy Allen in Utica, NY. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 10/24/2011)
10/24/2011254 Minute Entry for proceedings held before Judge David N. Hurd:Sentencing held on 10/21/2011 Frank Onoff in Utica, NY. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 10/24/2011)
10/26/2011255 Expedited TRANSCRIPT REQUEST of sentencing hearing by USA as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Frank Onoff for proceedings held on October 21, 2011 before Judge David N. Hurd. (Benedict, Craig) (Entered: 10/26/2011)
11/03/2011256 STATEMENT OF REASONS [LODGED] as to Nicole Copeland [This document has been electronically lodged with the Court and is viewable by ONLY the attorney for the government, the attorney for the defendant, and the presiding judge. It is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited.] (cmr, ) (Entered: 11/03/2011)
11/03/2011257 JUDGMENT as to Certified Environmental Services, Inc. (1), Count(s) 14s-15s, 1s, 2s-7s, 8s-13s, Deft corporation sentenced to five years Probation with standard and special conditions on Counts 1 through 15 of the Superseding Indictment. All terms to be served concurrently. Deft corporation further ordered to make restitution in the amount of $117,101.96 to the victims. In addition, $23,420 of the total restitution to be paid jointly and severally with Nicole Copeland; $5,855 of the total restitution to be paid jointly and severally with Sandy Allen; $5,855 of the total restitution to be paid jointly and severally with Elisa Dunn; and $3,703.50 of the total restitution is to be paid jointly and severally with Frank Onoff. Deft corporation fined the sum of $20,000. to be paid in full no later than January 1, 2012. Special assessment in the amount of $6,000 also imposed and due immediately. Parties advised of their right to appeal. Signed by Judge David N. Hurd on 11/3/2011. (see) (Main Document 257 replaced on 11/3/2011) (see, ). (Main Document 257 replaced on 11/4/2011) (see, ). (Entered: 11/03/2011)
11/03/2011258 STATEMENT OF REASONS [LODGED] as to Elisa Dunn [This document has been electronically lodged with the Court and is viewable by ONLY the attorney for the government, the attorney for the defendant, and the presiding judge. It is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited.] (cmr, ) (Entered: 11/03/2011)
11/03/2011  CLERK'S CORRECTION OF DOCKET ENTRY re 257 Judgment as to deft CES, Inc. Original pdf attachment had the SOR attached to the judgment. Clerk replaced corrected pdf version of judgment which includes only pages 1-6 of judgment. SOR to be uploaded separately. (see) (Entered: 11/03/2011)
11/03/2011259 STATEMENT OF REASONS [LODGED] as to Sandy Allen [This document has been electronically lodged with the Court and is viewable by ONLY the attorney for the government, the attorney for the defendant, and the presiding judge. It is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited.] (cmr, ) (Entered: 11/03/2011)
11/03/2011260 STATEMENT OF REASONS [LODGED] as to Frank Onoff [This document has been electronically lodged with the Court and is viewable by ONLY the attorney for the government, the attorney for the defendant, and the presiding judge. It is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited.] (cmr, ) (Entered: 11/03/2011)
11/03/2011261 JUDGMENT as to Nicole Copeland (3), Count(s) 10s-13s, 1s, 2s-7s, 8s, Deft sentenced to 5 years Probation on each of Counts 1 through 8 and 10 through 13 of the Superseding Indictment with standard and special conditions to be served concurrently. Deft to pay restitution in the amount $23,420 to the victims in the amounts listed in the 2nd addendum of the presentence report. Restitution to be made jointly and severally with CES, Inc. In addition, $5,855. of the total restitution is to be paid jointly and severally with Sandy Allen; $5,855 of the total restitution to be paid jointly and severally with Elisa Dunn; and $3,703.50 of the total restitution to be paid jointly and severally with Frank Onoff. Deft committed to BOP for a term of 12 consecutive weekends of Intermittent Confinement. Ct. recommends to BOP that it designate deft serve her weekend confinement at the Onondaga Correctional Facility at Jamesville. Deft shall report to the facility on Friday at 6:00 p.m. and be released on Sunday at 6 p.m. and shall observe the rules of that facility. The confinement shall begin following designation by BOP and notification by the U.S. Marshal Service and/or the U.S. Probation Office. Special assessment in the amount $1,200.00 also imposed and due immediately. Deft shall perform 200 hours of community service. Deft advised of her right to appeal. Signed by Judge David N. Hurd on 11/3/2011. (see) (Entered: 11/03/2011)
11/03/2011262 JUDGMENT as to Elisa Dunn (4), Count(s) 12s, 14s-15s, 1s, 7s, Deft sentenced to Time Served on each of Counts 1, 7, 12, 14 and 15 of the Superseding Indictment to be served concurrently. Deft shall make restitution in the amount of $5,855.00 to the victims. Restitution to be made jointly and severally with CES, Inc., which is responsible for $117,101.96 in restitution; Nicole Copeland who is responsible for $23,420. of the restitution and Sandy Allen who is responsible for $5,855.00 of restitution. In addition $3,703.50 of the total restitution is to be paid jointly and severally with Frank Onoff. Deft shall be placed on supervised release for a term of 3 years on each of Counts 1, 7, 12, 14 and 15 to be served concurrently with standard and special conditions. Deft shall perform 200 hours community service. Deft advised of her right to appeal. Signed by Judge David N. Hurd on 11/3/2011. (see) (Entered: 11/03/2011)
11/03/2011263 JUDGMENT as to Sandy Allen (5), Count(s) 1s, 2s, 9s-10s, Deft sentenced to Time Served on Counts 1, 2, 9 and 10 of the Superseding Indictment to be served concurrently; 3 years supervised release on each count with standard and special conditions to be served concurrently also imposed. Special assessment in the amount of $400.00 also imposed. Deft shall make restitution in the amount of $5,855.00 to the victims in the amounts listed in the 2nd Addendum of the presentence report. Restitution is to be made jointly and severally with CES, Inc., which is responsible for $117,101.96 in restitution; Nicole Copeland who is responsible for $23,420.00 of the restitution; and Elisa Dunn who is responsible for $5,855.00 of restitution. In addition, $3,703.50 of the total restitution is to be paid jointly and severally with Frank Onoff. Deft shall perform 200 hours of community service. Deft advised of his right to appeal. Signed by Judge David N. Hurd on 11/3/2011. (see) (Entered: 11/03/2011)
11/04/2011  CLERK'S CORRECTION OF DOCKET ENTRY re 257 Judgment. After consultation with U.S. Probation, it was found that corporate judgments DO contain the SOR all as one document because they do not contain the same security or safety concerns such as Social Security Numbers or addresses of defts. Copies of the complete version will be e-mailed to counsel for corporate deft, AUSA, and Probation. (see) (Entered: 11/04/2011)
11/08/2011264 JUDGMENT as to Frank Onoff (7), Count(s) 1, Deft sentenced to Time Served on Count 1 of the Indictment; 3 years supervised release with standard and special conditions; $100.00 special assessment also imposed. Deft shall make restitution in the amount of $3,703.50 to the victims listed in the 2nd addendum to the presentence report. Restitution is to be made jointly and severally with CES, Inc. which is responsible for $117,101.96 in restitution; Nicole Copeland who is responsible for $23,420 of the restitution; Elisa Dunn who is responsible for $5,855.00 of the restitution; and Sandy Allen who is responsible for $5,855.00 of restitution. Deft shall perform 200 hours of community service. Deft advised of his right to appeal. Signed by Judge David N. Hurd on 11/3/2011. (see) (Entered: 11/08/2011)
11/17/2011265 Consolidated NOTICE OF APPEAL, re: 257 Judgment, 261 Judgment, and 262 Judgment by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn No fee paid. (Nugent, Gabriel) (Entered: 11/17/2011)
11/17/2011  USCA Appeal Fees received $ 455 paid for Certified Environmental Services, Inc. receipt number 0206-2023556; $455 paid for Elisa Dunn receipt number 0206-2022595; and $455 paid for deft Nicole Copeland receipt number 0206-2022335 as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn re 265 Notice of Appeal - Final Judgment. **Appeal fee paid separately from notice of appeal event. Fee paid electronically on 11/17/2011. (see) Modified on 11/18/2011, added additional receipts to entry. (see) (Entered: 11/18/2011)
11/18/2011266 ELECTRONIC NOTICE AND CERTIFICATION as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn sent to US Court of Appeals, re: 265 Consolidated Notice of Appeal - Final Judgment. (Attachments: # 1 Criminal Appeals Packet)(see) (Entered: 11/18/2011)
11/18/2011267 Supplemental Electronic Certification Sent to USCA as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, re: 265 Notice of Appeal - Final Judgment. {Supplement entered to show appeal fee paid} (see) (Entered: 11/18/2011)
11/18/2011  CLERK'S CORRECTION OF DOCKET ENTRY re USCA Appeal Fees. Added all three appeal payments to the above entry. So the docket text of the above entry now states: USCA Appeal Fees received $ 455 paid for Certified Environmental Services, Inc. receipt number 0206-2023556; $455 paid for Elisa Dunn receipt number 0206-2022595; and $455 paid for deft Nicole Copeland receipt number 0206-2022335. (see) (Entered: 11/18/2011)
11/18/2011268 Second Supplemental Electronic Certification Sent to USCA as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn re 265 Notice of Appeal - Final Judgment. {Notes all three defts paid their appeal fee} (see) (Entered: 11/18/2011)
11/30/2011269 NOTICE OF APPEAL re: 257 Judgment by USA as to Certified Environmental Services, Inc. No fee paid. (Benedict, Craig) (Entered: 11/30/2011)
11/30/2011270 NOTICE OF APPEAL, re: 261 Judgment by USA as to Nicole Copeland No fee paid. (Benedict, Craig) (Entered: 11/30/2011)
11/30/2011271 NOTICE OF APPEAL, re: 262 Judgment by USA as to Elisa Dunn No fee paid. (Benedict, Craig) (Entered: 11/30/2011)
11/30/2011272 NOTICE OF APPEAL, re: 263 Judgment by USA as to Sandy Allen No fee paid. (Benedict, Craig) (Entered: 11/30/2011)
11/30/2011273 NOTICE OF APPEAL, re: 264 Judgment by USA as to Frank Onoff No fee paid. (Benedict, Craig) (Entered: 11/30/2011)
11/30/2011274 ELECTRONIC NOTICE AND CERTIFICATION as to Certified Environmental Services, Inc. sent to US Court of Appeals, re: 269 Notice of Appeal - Final Judgment. (Attachments: # 1 Criminal Appeals Packet)(see) (Entered: 11/30/2011)
11/30/2011275 ELECTRONIC NOTICE AND CERTIFICATION as to Nicole Copeland sent to US Court of Appeals, re: 270 Notice of Appeal - Final Judgment. (Attachments: # 1 Criminal Appeals Packet)(see) (Entered: 11/30/2011)
11/30/2011276 ELECTRONIC NOTICE AND CERTIFICATION as to Elisa Dunn sent to US Court of Appeals, re: 271 Notice of Appeal - Final Judgment. (Attachments: # 1 Criminal Appeals Packet)(see) (Entered: 11/30/2011)
11/30/2011277 ELECTRONIC NOTICE AND CERTIFICATION as to Sandy Allen sent to US Court of Appeals, re: 272 Notice of Appeal - Final Judgment. (Attachments: # 1 Criminal Appeals Packet)(see) (Entered: 11/30/2011)
11/30/2011278 ELECTRONIC NOTICE AND CERTIFICATION as to Frank Onoff sent to US Court of Appeals, re: 273 Notice of Appeal - Final Judgment. (Attachments: # 1 Criminal Appeals Packet)(see) (Entered: 11/30/2011)
12/01/2011279 TRANSCRIPT REQUEST Criminal Appeal Transcript Information - Form B by Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn (Nugent, Gabriel) (Entered: 12/01/2011)
12/02/2011280 VICTIM/RESTITUTION LIST [LODGED] as to Certified Environmental Services, Inc. [This document has been electronically lodged with the Court. It is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited.] (cmr, ) (Entered: 12/02/2011)
12/02/2011281 VICTIM/RESTITUTION LIST [LODGED] as to Certified Environmental Services, Inc. [This document has been electronically lodged with the Court. It is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited.] (cmr, ) (Entered: 12/02/2011)
12/02/2011282 VICTIM/RESTITUTION LIST [LODGED] as to Nicole Copeland [This document has been electronically lodged with the Court. It is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited.] (cmr, ) (Entered: 12/02/2011)
12/02/2011283 VICTIM/RESTITUTION LIST [LODGED] as to Elisa Dunn [This document has been electronically lodged with the Court. It is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited.] (cmr, ) (Entered: 12/02/2011)
12/02/2011284 VICTIM/RESTITUTION LIST [LODGED] as to Sandy Allen [This document has been electronically lodged with the Court. It is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited.] (cmr, ) (Entered: 12/02/2011)
12/02/2011285 VICTIM/RESTITUTION LIST [LODGED] as to Frank Onoff [This document has been electronically lodged with the Court. It is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited.] (cmr, ) (Entered: 12/02/2011)
01/09/2012286 TRANSCRIPT REQUEST by USA as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff for proceedings held on October 21, 2011 before Judge David N. Hurd. (Benedict, Craig) (Entered: 01/09/2012)
01/25/2012  USCA Case Number is 11-4872 (LEAD) for 265 Appeal filed by Certified Environmental Services, Inc. (cbm ) (Entered: 01/25/2012)
01/25/2012  USCA Case Number is 11-4875 (CON) for 265 Appeal filed Nicole Copeland. Lead case number is 11-4872. (cbm ) (Entered: 01/25/2012)
01/25/2012  USCA Case Number is 11-4877 (CON) for 265 Appeal filed Elisa Dunn. Lead case is 11-4872. (cbm ) (Entered: 01/25/2012)
01/25/2012  USCA Case Number is 11-4968 (XAP) for 269 Appeal as to Certified Environmental Services, Inc., filed by USA. Lead case is 11-4872. (cbm ) (Entered: 01/25/2012)
01/25/2012  USCA Case Number is 11-4969 (XAP) for 270 Appeal as to Nicole Copeland filed by USA. Lead case is 11-4872. (cbm ) (Entered: 01/25/2012)
01/25/2012  USCA Case Number is 11-4972 (XAP) for 271 Appeal as to Elisa Dunn filed by USA. Lead case is 11-4872. (cbm ) (Entered: 01/25/2012)
01/25/2012  USCA Case Number is 11-4974 (CON) for 272 Appeal as to Sandy Allen filed by USA. Lead case is 11-4872. (cbm ) (Entered: 01/25/2012)
01/25/2012  USCA Case Number is 11-4976 (CON) for 273 Appeal as to Frank Onoff filed by USA. Lead case is 11-4872. (cbm ) (Entered: 01/25/2012)
02/29/2012287 TRANSCRIPT REQUEST by USA as to Certified Environmental Services, Inc., Nicole Copeland, Elisa Dunn, Sandy Allen, Frank Onoff for proceedings held on October 5, 2010 thru October 12, 2010 before Judge David N. Hurd. (Attachments: # 1 Certificate of Service)(Sannes, Brenda) (Entered: 02/29/2012)
03/16/2012288 Letter from Gabriel M. Nugent as to Certified Environmental Services, Inc. requesting Clarification related to Judgment of Restitution (Nugent, Gabriel) (Entered: 03/16/2012)
03/23/2012289 Letter from Craig A. Benedict as to Certified Environmental Services, Inc., Barbara Duchene, Nicole Copeland, Elisa Dunn, Sandy Allen, Thomas Juliano, Frank Onoff requesting the Court have CES comply with the Court's sentencing order (Benedict, Craig) (Entered: 03/23/2012)
03/27/2012290 ORDER that Defendant Certified Environmental Services, Inc.'s request that restitution amounts previously paid or paid in the future by Aapex Environmental Services, Inc. and Paragon Environmental Construction should reduce CES's overall obligation is DENIED. The balance of the restitution and fine is due immediately. Signed by Judge David N. Hurd on 3/27/2012. (see) (Entered: 03/27/2012)