United States District Court for the Western District of Washington (Seattle)
CRIMINAL DOCKET FOR CASE #: 2:05-cr-00270-RSL-1

Case title: USA v. Columbia Medical Systems, Inc. et al

Date Filed: 07/13/2005
Date Terminated: 06/06/2007

Assigned to: Judge Robert S. Lasnik

Defendant (1)
Columbia Medical Systems Inc
TERMINATED: 06/06/2007
represented byMark David Mestel
Mark D. Mestel, Inc. P.S.
3221 OAKES AVE
EVERETT, WA 98201
425-339-2383
Fax: FAX 1-425-259-2621
Email: markmestel@comcast.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Harvey H Chamberlin
3221 OAKES AVE
EVERETT, WA 98201
425-339-2383
Email: sixthamendmentsamurai@lawyer.com
TERMINATED: 10/11/2006
Designation: Retained

Peter Offenbecher
SKELLENGER BENDER, PS
1301 5TH AVE
STE 3401
SEATTLE, WA 98101-2605
206-623-6501
Fax: FAX 206-447-1973
Email: poffenbecher@skellengerbender.com
TERMINATED: 10/11/2006
Designation: Retained

Pending Counts

Disposition
Conspiracy to Engage in Money Laundering 18:1956(h)
(17s)
fine in the amt of $100,000.00 to be joint and several with the fine of $50,000.00 imposed on Tuyet Nguyen and the fine of $50,000 imposed with Phu Nguyen; $400 mandatory assessment; 5 years probation

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
Conspiracy to Transport Stolen Property in Interstate Commerce 18;371
(1)
Dismissed
Conspiracy to Transport Stolen Property in Interstate Commerce 18;371
(1s)
Dismissed
Interstate Transportation of Stolen Property 18: 2314 & 2
(2-5)
Dismissed
Interstate Transportation of Stolen Property 18;2314 & 8
(2s-5s)
Dismissed
Introduction into Interstate Commerce of Misbranded Medical Devices 21:331(a) & 333(a)(2) & 18:2
(6-11)
Dismissed
Introduction into Interstate Commerce of Misbranded Medical Devices 21:331(a) & 333(a)(2) & 18:2
(6s-11s)
Dismissed
Holding for Sale Misbranded Medical Devices 21:331(k) & 333(a)(2) & 18:2
(12-16)
Dismissed
Holding for Sale Misbranded Medical Devices 21:331(k) & 333(a)(2) & 18:2
(12s-16s)
Dismissed
Conspiracy to Engage in Money Laundering
(17)
Dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented bySusan G Loitz
US ATTORNEY'S OFFICE (SEA)
700 STEWART ST
STE 5220
SEATTLE, WA 98101-1271
206-553-7970
Email: Susan.Loitz@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert Henry Westinghouse
US ATTORNEY'S OFFICE (SEA)
700 STEWART ST
STE 5220
SEATTLE, WA 98101-1271
206-553-4750
Email: robert.westinghouse@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
07/13/20054INDICTMENT as to Columbia Medical Systems, Inc. (1) count(s) 1, 2-5, 6-11, 12-16, 17, Phu Huynh Nguyen (2) count(s) 1, 2-5, 6-11, 12-16, 17, Tuyet Thi-Bach Nguyen (3) count(s) 1, 2-5, 6-11, 12-16, 17, Sess Merke (4) count(s) 1. (Attachments: # 1 Status Sheet) (JK, ) (Entered: 07/14/2005)
07/13/20055SEALED Signature Page to 4 Indictment, as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen. (JK, ) (Entered: 07/14/2005)
07/26/2005  ***Note as to defendant Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen: Judge Zilly recused from case. Re-assigned to Judge Lasnik (JK, ) (Entered: 07/26/2005)
08/02/200521Return of Service by US Marshal's Office re Lis Pendens on 7/18/05. (CL, ) (Entered: 08/03/2005)
08/02/200522Return of Service by US Marshal's Office re Lis Pendens on 7/18/05. (CL, ) (Entered: 08/03/2005)
08/11/200532NOTICE OF ATTORNEY APPEARANCE: Harvey H Chamberlin appearing for Columbia Medical Systems, Inc. (Chamberlin, Harvey) (Entered: 08/11/2005)
08/11/200534 Minute Entry for proceedings held before Judge Monica J. Benton - CRD: Agalelei Elkington; AUSA: Susan Loitz; Def Cnsl: Harvey Chamberlain; Time of Hearing: 9:00am; Courtroom: 12B; ARRAIGNMENT as to Columbia Medical Systems, Inc. (1) Count 1,2-5,6-11,12-16,17 held on 8/11/2005.

Appearance entered by Harvey H Chamberlin for Columbia Medical Systems, Inc. on behalf of defendant. Defendant represented by President, Phu Nguyen. Defendant advised of rights, charges and penalties. Defendant pleads NOT GUILTY to all charges. Defense Counsel requests discovery pursuant to Local Rule. Motions due by 9/1/2005; Jury Trial is set for 10/3/2005 at 09:00 AM in Courtroom 15106 before Hon Robert S. Lasnik. (AE, ) (Entered: 08/12/2005)

08/19/200536 STIPULATED MOTION FOR CONTINUANCE OF TRIAL DATE AND PRETRIAL MOTIONS CUTOFF DATE by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen. Noting Date 8/24/2005. (Attachments: # 4 Speedy Trial Waiver or Tuyet Nguyen)(Loitz, Susan) (Entered: 08/19/2005)
08/22/200540WAIVER of Speedy Trial by Columbia Medical Systems, Inc. (Loitz, Susan) (Entered: 08/22/2005)
09/01/200542ORDER CONTINUING TRIAL DATE as to dfts Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen by Judge Robert S. Lasnik. Jury Trial is set for 3/6/2006 before Hon Robert S. Lasnik. Pretrial Motions due by 2/2/2006. (cc: PTS/USPO, USMO) (CL, ) (Entered: 09/02/2005)
10/05/200543SUPERSEDING INDICTMENT as to Columbia Medical Systems, Inc. (1) count(s) 1s, 2s-5s, 6s-11s, 12s-16s, 17s, Phu Huynh Nguyen (2) count(s) 1s, 2s-5s, 6s-11s, 12s-16s, 17s, 18s-19s, 22s-23s, Tuyet Thi-Bach Nguyen (3) count(s) 1s, 2s-5s, 6s-11s, 12s-16s, 17s, 20s-21s, 22s-23s, Sess Merke (4) count(s) 1s. (Attachments: # 1 Status Sheet) (JK, ) (Entered: 10/06/2005)
10/05/200544SEALED Signature Page to 43 Superseding Indictment, as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen. (JK, ) (Entered: 10/06/2005)
10/20/200551 Minute Entry for proceedings held before Judge James P. Donohue - CRD: Agalelei Elkington; AUSA: Susan Loitz; Def Cnsl: Anna Goikman, Harvey Chamberlain; Time of Hearing: 9:00am; Courtroom: 12B; Interpreter: None Needed; ARRAIGNMENT as to Phu Huynh Nguyen (2) and Columbia Medical Systems, Inc. (1)(Represented by President Phu Nguyen) and Tuyet Thi-Bach Nguyen (3) held on 10/20/2005.

Defendant(s) advised of charges and penalties. Defendant(s) pleads NOT GUILTY to all charges. Defense Counsel requests discovery pursuant to Local Rule. Defendant(s)remains on bond. Motions due by 2/2/2006; Jury Trial is set for 3/6/2006 at 09:00 AM in Courtroom 15106 before Hon Robert S. Lasnik. (AE, ) (Entered: 10/21/2005)

02/02/200664NOTICE OF ATTORNEY APPEARANCE Robert Henry Westinghouse appearing for USA. (Westinghouse, Robert) (Entered: 02/02/2006)
02/02/200665NOTICE OF JOINDER as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen Columbia Medical Systems, Inc. JOINING 62 MOTION to Sever Counts 18 through 23 Under Federal Rule of Criminal Procedure 8(b) filed by Sess Merke, (Chamberlin, Harvey) (Entered: 02/02/2006)
02/02/200667NOTICE OF JOINDER as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen Phu Huynh Nguyen JOINING 62 MOTION to Sever Counts 18 through 23 Under Federal Rule of Criminal Procedure 8(b) filed by Sess Merke,, 66 MOTION severance of counts 1-17 from 18 -23 (Chamberlin, Harvey) (Entered: 02/02/2006)
02/03/200673NOTICE OF JOINDER as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen Columbia Medical Systems, Inc. JOINING 72 MOTION for Hearing Regarding Destruction and/or Loss of Evidence filed by Sess Merke, (Chamberlin, Harvey) (Entered: 02/03/2006)
02/08/200677RESPONSE, by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen, to 72 MOTION for Hearing Regarding Destruction and/or Loss of Evidence. (Attachments: # 1 Declaration of John Lawson)(Loitz, Susan) (Entered: 02/08/2006)
02/08/200678RESPONSE, by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen, to 66 MOTION severance of counts 1-17 from 18 -23, 62 MOTION to Sever Counts 18 through 23 Under Federal Rule of Criminal Procedure 8(b). (Attachments: # 2 Exhibit B)(Loitz, Susan) (Entered: 02/08/2006)
02/15/200687RESPONSE, by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen, to 82 MOTION to Continue Trial. (Loitz, Susan) (Entered: 02/15/2006)
02/17/200691RESPONSE, by Sess Merke as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen, to 82 MOTION to Continue Trial. (Tenpenny, Lyle) (Entered: 02/17/2006)
02/17/200692 DECLARATION of Angelo J. Calfo in Support of Defendant Sess Merke's Response to Request for Continuance by Sess Merke as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen re 82 MOTION to Continue Trial filed by Tuyet Thi-Bach Nguyen, (Tenpenny, Lyle) (Entered: 02/17/2006)
02/22/200694MINUTE ORDER as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen RE: Oral argument on 82 MOTION to Continue Trial filed by Tuyet Thi-Bach Nguyen, by Judge Robert S. Lasnik. (cc: USPO) In-court/Oral Argument Hearing set for 3/2/2006 at 10:00 AM in Courtroom 15106 before Hon Robert S. Lasnik. (MD, (copy to USMO, USPO) ) (Entered: 02/22/2006)
02/23/200697Praecipe to issue fifteen (15) subpoenas (and issued - in blank) by defendants. (LT, ) (Entered: 02/24/2006)
03/02/2006100 Minute Entry for proceedings held before Judge Robert S. Lasnik - CRD: Kerry Lane; AUSA: Susan Loitz and Robert Westinghouse; Def Cnsl: Harvey Chamberlin for Columbia Medical Systems and Phu Nguyen, Mark Mestel for Tuyet Thi Bach Nguyen and Angelo Calfo and Lyle Tenpenny for Sess Merke (via telephone); Court Reporter: Susan Zielie; Time of Hearing: 10:00 a.m.; Courtroom: 15106; MOTION HEARING as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen held on 3/2/2006 re 82 MOTION to Continue Trial filed by Thi-Bach Nguyen. Jury Trial is reset for 3/13/2006 at 9:00 AM before Hon Robert S. Lasnik. The Court will sign the proposed order regarding theEX PARTE/SEALED MOTION 89 for Reconsideration filed by Sess Merke. The Court grants the 99 EX PARTE/SEALED MOTION filed by Sess Merke. The Court grants the 98 EX PARTE/SEALED MOTION filed by USA. The Court grants the 96 MOTION for Order Directing U.S. Marshal to Arrange for Defendant Sess Merke's Noncustodial Transportation to Trial. The Court takes under advisement the motions to sever and the motion to exclude defendant Merke's proffer at trial. There will be a brief evidentiary hearing prior to jury selection. Opening statements will begin on Tuesday, March 14, 2006 at 9:00 a.m. Defendants remain on bond. (KERR, ) Ex Parte Motion title modified on 3/2/2006 (DM, ). (Entered: 03/02/2006)
03/09/2006107Proposed Voir Dire by Phu Huynh Nguyen as to Columbia Medical Systems, Inc., Phu Huynh Nguyen (Chamberlin, Harvey) (Entered: 03/09/2006)
03/09/2006111Proposed Jury Instructions by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen (Attachments: # 1 Uncited Jury Instructions)(Loitz, Susan) (Entered: 03/09/2006)
03/09/2006112Proposed Jury Instructions by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen (Attachments: # 1 Uncited Forfeiture Jury Instructions)(Loitz, Susan) (Entered: 03/09/2006)
03/09/2006113Proposed Voir Dire by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen (Loitz, Susan) (Entered: 03/09/2006)
03/09/2006114WITNESS LIST by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen (Loitz, Susan) (Entered: 03/09/2006)
03/09/2006115TRIAL BRIEF by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen (Attachments: # 1 Attachment A)(Loitz, Susan) (Entered: 03/09/2006)
03/09/2006116PROPOSED JURY VERDICT FORM by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen (Loitz, Susan) (Entered: 03/09/2006)
03/09/2006117PROPOSED SPECIAL JURY VERDICT FORM by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen (Loitz, Susan) (Entered: 03/09/2006)
03/09/2006118STIPULATION /Notice of Joinder of Trial Memo/Jury Instructions by parties re 108 Trial Brief filed by Tuyet Thi-Bach Nguyen,, 109 Proposed Jury Instructions filed by Tuyet Thi-Bach Nguyen,, 110 Proposed Jury Instructions filed by Tuyet Thi-Bach Nguyen, (Chamberlin, Harvey) (Entered: 03/09/2006)
03/09/2006119Proposed Voir Dire by Phu Huynh Nguyen as to Columbia Medical Systems, Inc., Phu Huynh Nguyen (Chamberlin, Harvey) (Entered: 03/09/2006)
03/10/2006127RESPONSE, by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen, to 124 MOTION in Limine to Exclude Certain Testimony and Other Evidence re: Defendant Merke's Alleged Conduct, 123 MOTION in Limine to Exclude Government's Trial Exhibits 300.60 and 700.2. (Westinghouse, Robert) (Entered: 03/10/2006)
03/11/2006128EXHIBIT LIST by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen (Loitz, Susan) (Entered: 03/11/2006)
03/13/2006132EXHIBIT LIST by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen (Loitz, Susan) (Entered: 03/13/2006)
03/13/2006133WITNESS LIST by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen (Loitz, Susan) (Entered: 03/13/2006)
03/13/2006136 Minute Entry for proceedings held before Judge Robert S. Lasnik - CRD: Kerry Lane; AUSA: Susan Loitz and Robert Westinghouse; Def Cnsl: Mark Mestel, Harvey Chamberlin, Angelo Calfo and Lyle Tenpenny; Court Reporter: Susan Zielie; Time of Hearing: 9:30 a.m.; Courtroom: 15106; JURY TRIAL Day 1 as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen held on 3/13/2006. Jury empanelled. The Court rules on the motions in limine. An opening statement is presented by the Government. Defendants remain on bond. Jury Trial continued to 3/14/2006 at 9:00 AM before Hon Robert S. Lasnik. (KERR, ) (Entered: 03/14/2006)
03/14/2006137 Minute Entry for proceedings held before Judge Robert S. Lasnik - CRD: Kerry Lane; AUSA: Susan Loitz and Robert Westinghouse; Def Cnsl: Mark Mestel, Harvey Chamberlin, Angelo Calfo and Lyle Tenpenny; Court Reporter: Susan Zielie; Time of Hearing: 9:00 a.m.; Courtroom: 15106; JURY TRIAL Day 2 as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen held on 3/14/2006. The Court excuses juror number one. Court is adjourned until, Thursday, March 16, 2006 at 9:00 a.m. Defendants remain on bond. (KERR, ) (Entered: 03/14/2006)
03/17/2006144WITNESS LIST by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen (Loitz, Susan) (Entered: 03/17/2006)
03/17/2006145EXHIBIT LIST by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen (Loitz, Susan) (Entered: 03/17/2006)
03/20/2006148 Minute Entry for proceedings held before Judge Robert S. Lasnik - CRD: Kerry Simonds; AUSA: Susan Loitz and Robert Westinghouse; Def Cnsl: Mark Mestel, Harvey Chamberlin, Angelo Calfo and Lyle Tenpenny; Court Reporter: Susan Zielie; Time of Hearing: 9:00 a.m.; Courtroom: 15106; JURY TRIAL Day 3 as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen held on 3/20/2006. A mistrial is declared. Jury Trial is reset for 3/20/2006 at 9:00 AM before Hon Robert S. Lasnik. (KERR, ) (Entered: 03/20/2006)
03/20/2006150 Minute Entry for proceedings held before Judge Robert S. Lasnik - CRD: K; AUSA: Susan Loitz and Robert Westinghouse; Def Cnsl: Mark Mestel, Harvey Chamberlin, Angelo Calfo and Lyle Tenpenny; Court Reporter: Susan Zielie; Time of Hearing: 9:15 a.m.; Courtroom: 15106; JURY TRIAL Day 1 as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen held on 3/20/2006. Jury empanelled. An opening statement is presented by the Government. Jury Trial continued to 3/21/2006 at 8:45 AM before Hon Robert S. Lasnik. (KERR, ) (Entered: 03/20/2006)
03/21/2006151 Minute Entry for proceedings held before Judge Robert S. Lasnik - CRD: Kerry Lane; AUSA: Susan Loitz and Robert Westinghouse; Def Cnsl: Mark Mestel, Harvey Chamberlin, Angelo Calfo and Lyle Tenpenny; Court Reporter: Susan Zielie; Time of Hearing: 9:00 a.m.; Courtroom: 15106; JURY TRIAL Day 2 as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen held on 3/21/2006. Court discusses trial status with counsel. Jury Trial continued to 3/23/2006 at 8:30 AM before Hon Robert S. Lasnik. (KERR, ) (Entered: 03/21/2006)
03/21/2006157TRANSCRIPT of Trial Proceedings as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen held on 3/13/06 before Judge Robert S. Lasnik. Court Reporter: Susan Zielie. (MKB) (Entered: 03/28/2006)
03/21/2006158TRANSCRIPT of Trial Proceedings as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen held on 3/20/06 before Judge Robert S. Lasnik. Court Reporter: Susan Zielie. (MKB) (Entered: 03/28/2006)
03/21/2006159TRANSCRIPT of Trial Proceedings as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen held on 3/20/06 before Judge Robert S. Lasnik. Court Reporter: Susan Zielie. (MKB) (Entered: 03/28/2006)
03/23/2006155 Minute Entry for proceedings held before Judge Robert S. Lasnik - CRD: Kerry Simonds; AUSA: Susan Loitz and Robert Westinghouse; Def Cnsl: Mark Mestel, Angelo Calfo and Lyle Tenpenny; Court Reporter: Laurie Briggs (Vernon); Time of Hearing: 8:30 a.m.; Courtroom: 15106; JURY TRIAL Day 3 as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen held on 3/23/2006. The Court hears an update on Mr. Chamberlin's health. Mr. Chamberlin will not be able to represent Mr. Nguyen or Columbia Medical Systems at this time. The Court will schedule a status conference at a later date. The Court declares a mistrial as to Phu Nguyen and Coumbia Medical Systems. The Court hears from Mr. Westinghouse re: the Motion in Limine to Limit Defendant Sess Merke's Opening Statement. The Court reads an instruction to the jury re: Mr. Nguyen's mistrial. Mr. Mestel and Mr. Calfo present opening statements. Plas Witnesses John Fazekas, Robert Davies, Dave Westrich, Madeline Wiltse and Evalyn Thomas are sworn and testify. Exhibits 44, 30.4B, 30.4A, 30.8, 30.8A, 30.7, 10P, 12P, 2P, 12.7, 10.7, 2.2, 1.4, 11.3, 14.4, 15.5, 1.3, 11.1, 14.1, 36, 30.2, 12.5, 300.135, 300.133, 33.134, 49, 1.1, 1.2, 2.1, 6.1, 101.65, 13.6,35, 1002, 1003, 1004, (1045 pg. 27 only), 1053, 1080 (pg. 111 only) are admitted into evidence. The Court and counsel discuss the Motion in Limine to Exclude Federal Express Invoices filed by Sess Merke. Jury Trial is continued to 3/27/2006 at 8:30 AM before Hon Robert S. Lasnik. (KERR, ) (Entered: 03/24/2006)
03/23/2006188 Minute Entry for proceedings held before Judge Robert S. Lasnik - CRD: Kerry Simonds; AUSA: Susan Loitz and Robert Westinghouse; Def Cnsl: Harvey Chamberlin; Court Reporter: Laurie Briggs (Vernon); Time of Hearing: 8:30 a.m.; Courtroom: 15106; JURY TRIAL Day 3 as to Columbia Medical Systems, Inc., Phu Huynh Nguyen held on 3/23/2006. Mistrial declared as to Columbia Medical Systems and Phu Huynh Nguyen. (Minutes posted for statistical purposes only) (KERR, ) (Entered: 05/18/2006)
03/30/2006161Proposed Jury Instructions by USA as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen (Attachments: # 1 Uncited Supplemental Jury Instruction)(Westinghouse, Robert) (Entered: 03/30/2006)
04/18/2006178MINUTE ORDER Status Conference set for 5/4/2006 at 9:00 AM before Hon Robert S. Lasnik. (KERR, ) (Entered: 04/18/2006)
04/27/2006181TRANSCRIPT of Proceedings as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen Excerpt of Proceeding held on 4/3/06 before Judge Robert S Lasnik. Court Reporter: S. Zielie. (SA, ) (Entered: 05/01/2006)
04/28/2006182TRANSCRIPT of Proceedings as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen held on 4/3/06 before Judge Robert S Lasnik. Court Reporter: S Zielie. (SA) (Entered: 05/01/2006)
05/01/2006183REPLY, by Sess Merke as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen, TO RESPONSE to 165 MOTION for Acquittal Defendant Sess Merke's Rule 29 Motion for Judgment of Acquittal (Attachments: # 2 Certificate of Service)(Tenpenny, Lyle) (Entered: 05/01/2006)
05/03/2006184NOTICE OF ATTORNEY APPEARANCE: Peter Offenbecher appearing for Columbia Medical Systems, Inc., Phu Huynh Nguyen Notice of Association of Counsel (Offenbecher, Peter) (Entered: 05/03/2006)
05/04/2006185 Minute Entry for proceedings held before Judge Robert S. Lasnik - CRD: Kerry Simonds; AUSA: Susan Loitz and Robert Westinghouse ; Def Cnsl: Peter Offenbecher, Harvey Chamberlin, Anna Goykham, Angelo Calfo and Lyle Tenpenny; Court Reporter: Joe Roth; Time of Hearing: 9:00 a.m.; Courtroom: 15106; STATUS HEARING as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen and Tuyet Thi-Bach Nguyen held on 5/4/2006. Defendants Columbia Medical Systems and Phu Nguyen are now represented by Peter Offenbecher. After hearing from counsel, the Court sets a new trial date for Monday, October 23, 2006 at 9:00 a.m. for defendants Columbia Medical Systems and Phu Nguyen. The Court directs defendants to file waivers of speedy trial. Defendant Merke's motion for judgment of acquittal is denied. A motion for a new trial shall be submitted within 10 days. Defendants Sess Merke and Tuyet Nguyen's current sentencing date of June 30 shall be continued at a later time. Defendants remain on bond. (KERR, ) (Entered: 05/04/2006)
05/16/2006186WAIVER of Speedy Trial by Columbia Medical Systems, Inc. (Offenbecher, Peter) (Entered: 05/16/2006)
06/02/2006190TRANSCRIPT of Proceedings as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen Status Hearing held on 05/04/06 before Judge Robert S. Lasnik. Court Reporter: Joseph Roth. (LMK) (Entered: 06/06/2006)
09/06/2006195TRANSCRIPT of Proceedings as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen Jury Trial held on 03/23/06 before Judge Robert S. Lasnik. Court Reporter: Laurie Briggs. (LMK, ) (Entered: 09/06/2006)
09/06/2006196TRANSCRIPT of Proceedings as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen Jury Trial Day 4 held on 03/27/06 before Judge Robert S. Lasnik. Court Reporter: Laurie Briggs. (LMK, ) (Entered: 09/06/2006)
09/12/2006201TRANSCRIPT of Proceedings as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen Jury Trial Day 1 held on 03/20/06 before Judge Robert S. Lasnik. Court Reporter: Susan Zielie. (LMK, ) (Entered: 09/13/2006)
09/12/2006202TRANSCRIPT of Proceedings as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen Jury Trial Day 2 held on 03/21/06 before Judge Robert S. Lasnik. Court Reporter: Susan Zielie. (LMK, ) (Entered: 09/13/2006)
09/12/2006203TRANSCRIPT of Proceedings as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen Jury Trial Day 5 held on 03/28/06 before Judge Robert S. Lasnik. Court Reporter: Susan Zielie. (LMK, ) (Entered: 09/13/2006)
09/12/2006204TRANSCRIPT of Proceedings as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen Jury Trial Day 6 held on 03/31/06 before Judge Robert S. Lasnik. Court Reporter: Susan Zielie. (LMK, ) (Entered: 09/13/2006)
10/03/2006215MINUTE ORDER as to Columbia Medical Systems, Inc., Phu Huynh Nguyen by Judge Robert S. Lasnik. Pretrial Conference set for 10/10/2006 at 01:30 PM before Hon Robert S. Lasnik. (RS, ) (Entered: 10/03/2006)
10/03/2006216Praecipe for Subpoenas by Columbia Medical Systems, Inc., Phu Huynh Nguyen (Offenbecher, Peter) (Entered: 10/03/2006)
10/10/2006219 MOTION to Substitute Attorney by Columbia Medical Systems, Inc., Phu Huynh Nguyen as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen. Noting Date 10/20/2006. (Attachments: # 3 Certificate of Service)(Offenbecher, Peter) (Entered: 10/10/2006)
10/10/2006222 Minute Entry for proceedings held before Judge Robert S. Lasnik - CRD: Kerry Simonds; AUSA: Susan Loitz and Robert Westinghouse ; Def Cnsl: Mark Mestel and Peter Offenbecher; Court Reporter: Laurie Briggs (Vernon); Time of Hearing: 1:30 p.m.; Courtroom: 15106; PRETRIAL CONFERENCE as to Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen held on 10/10/2006. The 219 MOTION to Substitute Attorney filed by Columbia Medical Systems, Inc., and the 220 MOTION for Handwriting Exemplars filed by USA are GRANTED. The Court and counsel discuss the posture of the case. Trial will begin on Monday, October 23, 2006 at 9:30 a.m. Tuyet Thi-Bach Nguyen's current sentencing date of Friday, November 3, 2006 is hereby stricken. Defendants remain on bond. (KERR, ) (Entered: 10/10/2006)
10/11/2006224ORDER permitting withdrawal and substitution of counsel as to Columbia Medical Systems, Inc., Phu Huynh Nguyen by Judge Robert S. Lasnik. (RS, ) (Entered: 10/12/2006)
10/16/2006227EXHIBIT LIST by USA as to Columbia Medical Systems, Inc., Phu Huynh Nguyen (Loitz, Susan) (Entered: 10/16/2006)
10/18/2006228TRIAL BRIEF by Phu Huynh Nguyen as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen (Offenbecher, Peter) (Entered: 10/18/2006)
10/19/2006231TRIAL BRIEF by USA as to Columbia Medical Systems, Inc., Phu Huynh Nguyen (Loitz, Susan) (Entered: 10/19/2006)
10/19/2006232WITNESS LIST by USA as to Columbia Medical Systems, Inc., Phu Huynh Nguyen (Loitz, Susan) (Entered: 10/19/2006)
10/19/2006233RESPONSE, by USA as to Columbia Medical Systems, Inc., Phu Huynh Nguyen, to 229 MOTION to Sever Defendant and for Separate Trials. (Loitz, Susan) (Entered: 10/19/2006)
10/19/2006234RESPONSE, by USA as to Columbia Medical Systems, Inc., Phu Huynh Nguyen, to 230 MOTION to Dismiss Defendant or, in the Alternative, an Order Directing the Government to Provide Use Immunity for Sess Merke's Testimony. (Loitz, Susan) (Entered: 10/19/2006)
10/19/2006235Proposed Jury Instructions by USA as to Columbia Medical Systems, Inc., Phu Huynh Nguyen Cited (Loitz, Susan) (Entered: 10/19/2006)
10/19/2006236Proposed Jury Instructions by USA as to Columbia Medical Systems, Inc., Phu Huynh Nguyen Uncited (Loitz, Susan) (Entered: 10/19/2006)
10/19/2006237EXHIBIT LIST by Columbia Medical Systems, Inc., Phu Huynh Nguyen (Offenbecher, Peter) (Entered: 10/19/2006)
10/20/2006238EXHIBIT LIST by USA as to Columbia Medical Systems, Inc., Phu Huynh Nguyen (Loitz, Susan) (Entered: 10/20/2006)
10/22/2006240EXHIBIT LIST by Columbia Medical Systems, Inc., Phu Huynh Nguyen (Offenbecher, Peter) (Entered: 10/22/2006)
10/23/2006241 Minute Entry for proceedings held before Judge Robert S. Lasnik - CRD: Kerry Simonds; AUSA: Susan Loitz and Robert Westinghouse; Def Cnsl: Peter Offenbecher and Mark Mestel; Court Reporter: Laurene Kelly; Time of Hearing: 12:30 p.m.; Courtroom: 15106; CHANGE OF PLEA HEARING as to Columbia Medical Systems, Inc., Phu Huynh Nguyen held on 10/23/2006. Defendant present on bond. Defendant placed under oath and advised of rights/charges/penalties; Defendant age = 46; Education = 2 years college; Court reviews the plea agreement; Phu Huynh Nguyen (2) pleads GUILTY to Count 17s and Columbia Medical Systems, Inc. (1) pleads GUILTY to Count 17s. Remaining Counts to be dismissed at sentencing. Court finds the Defendant is competent to enter a guilty plea; THIS PLEA IS BINDING ON THE COURT UPON ACCEPTANCE. Sentencing set for 2/9/2006 at 1:30 p.m. Court orders the preparation of a Presentence Report. The Court signs the Preliminary Orders of Forfeiture. Defendant remains on bond. (KERR, ) (Entered: 10/26/2006)
10/26/2006244PLEA AGREEMENT as to Columbia Medical Systems, Inc. (cc: USPO, FLU, AFU) (MD, ) (Entered: 10/26/2006)
10/26/2006245PRELIMINARY ORDER OF FORFEITURE as to Columbia Medical Systems, Inc. by Judge Robert S. Lasnik. (cc: USMO) (MD, ) Modified on 10/26/2006 - 3 certified copies to USMO per order(MD, ). (Entered: 10/26/2006)
11/01/2006247TRANSCRIPT of proceedings filed as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen for the following date(s): 4/3/06 Jury Trial before Judge Robert S Lasnik, Court Reporter: S Zielie. (SA) (Entered: 11/02/2006)
11/07/2006249TRANSCRIPT of proceedings filed as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen for the following date(s): 3/13/06, Motions in Limine before Judge Robert S Lasnik, (re 208 Notice of Appeal) Court Reporter: S Zielie. (SA,) (Entered: 11/09/2006)
01/24/2007254MINUTE ORDER as to Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen - Sentencing reset for 3/16/2007 at 1:30 PM before Hon Robert S. Lasnik. (KERR, ) (Entered: 01/24/2007)
03/09/2007256MINUTE ORDER as to Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen Sentencing reset for 5/11/2007 at 1:30 PM before Hon Robert S. Lasnik. (KERR, ) (Entered: 03/09/2007)
03/14/2007257MINUTE ORDER as to Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen Sentencing reset for 5/25/2007 at 1:30 PM before Hon Robert S. Lasnik. (KERR, ) (Entered: 03/14/2007)
03/14/2007258AMENDED MINUTE ORDER as to Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen Sentencing reset for 5/25/2007 at 1:30 PM before Hon Robert S. Lasnik. (KERR, ) (Entered: 03/14/2007)
05/21/2007259SENTENCING MEMORANDUM by USA as to Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen (Loitz, Susan) (Entered: 05/21/2007)
05/22/2007262SENTENCING MEMORANDUM by Columbia Medical Systems, Inc., Phu Huynh Nguyen (Attachments: # 8 Exhibit 8 - US v. Tran CR 06-217 RSL and US v. Long and Hung Nguyen CR 04-549 JLR.pdf)(Offenbecher, Peter) (Entered: 05/22/2007)
05/25/2007263MINUTE ORDER as to Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen Sentencing reset for 6/6/2007 at 1:30 PM before Hon Robert S. Lasnik. (KERR, ) (Entered: 05/25/2007)
06/02/2007264TRANSCRIPT of Proceedings as to Columbia Medical Systems, Inc., Phu Huynh Nguyen Change of Plea held on 10/23/06 before Judge Robert S. Lasnik. Court Reporter: Laurene Kelly. (LMK, ) (Entered: 06/05/2007)
06/06/2007265 Minute Entry for proceedings held before Judge Robert S. Lasnik - CRD: Kerry Simonds; AUSA: Susan Loitz and Robert Westinghouse; Def Cnsl: Mark Mestel; USPO: Rick Cowan and Sara Moore; Court Reporter: Contractor; SENTENCING held on 6/6/2007 for Columbia Medical Systems, Inc. (1), Count(s) 1, 12-16, 12s-16s, 17, 1s, 2-5, 2s-5s, 6-11, 6s-11s, Dismissed; Count(s) 17s, fine in the amt of $100,00 to be joint and several with the fine of $50 imposed on Tuyet Nguyen and the fine of $50,000 imposed with Phu Nguyen; $400 mandatory assessment. (RS, ) (Entered: 06/07/2007)
06/06/2007266JUDGMENT as to Columbia Medical Systems, Inc. by Judge Robert S. Lasnik. (cc: USPO, PTS, FLU, Fin., USMO, Sea Tac Det) (RS, ) (Entered: 06/07/2007)
06/06/2007271FINAL ORDER OF FORFEITURE as to Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen by Judge Robert S. Lasnik. (cc: 3 USMO) (RS, ) (Entered: 06/07/2007)
06/19/2007277Return of Service by US Marshal's Office re Deposit of Banner Bank Cashier's Check for 400,000.00 on 6/18/2007. (TS, ) (Entered: 06/20/2007)
06/27/2007280Return of Service by US Marshal's Office re Lis Pendens on 6/25/07. (CL, ) (Entered: 06/28/2007)
06/28/2007281Return of Service by US Marshal's Office re Lis Pendens on 6/25/07. (CL, ) (Entered: 06/28/2007)
07/28/2007290TRANSCRIPT of proceedings filed as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen for the following date(s): 03/28/06-Jury Trial Day 5 before Judge Robert S. Lasnik, (re 272 Notice of Appeal ) Court Reporter: S. Zielie. (LMK, ) (Entered: 07/30/2007)
07/28/2007291TRANSCRIPT of proceedings filed as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen for the following date(s): 06/06/07 before Judge Robert S. Lasnik, (re 272 Notice of Appeal ) Court Reporter: S. Zielie. (LMK, ) (Entered: 07/30/2007)
07/28/2007292TRANSCRIPT of proceedings filed as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen for the following date(s): 03/31/06-Jury Trial before Judge Robert S. Lasnik, (re 272 Notice of Appeal ) Court Reporter: S. Zielie. (LMK, ) (Entered: 07/30/2007)
07/28/2007293TRANSCRIPT of proceedings filed as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen for the following date(s): 04/03/06-Jury Trial Day 7 before Judge Robert S. Lasnik, (re 272 Notice of Appeal ) Court Reporter: S. Zielie. (LMK, ) (Entered: 07/30/2007)
07/30/2007294ORDER of USCA (06-30505) as to Sess Merke, Columbia Medical Systems, Inc., Phu Huynh Nguyen, Tuyet Thi-Bach Nguyen re 208 Notice of Appeal; The appellee shall file a response to the appellant's petition for rehearing and rehearing en banc setting forth its position on whether this case should be reheard by the panel or the en banc court. (LMK, ) (Entered: 07/30/2007)
08/07/2007296Return of Service by US Marshal's Office re Final Order of Forfeiture on 8/3/07. (CL, ) (Entered: 08/08/2007)
10/01/2007302AMENDED JUDGMENT for Columbia Medical Systems Inc by Judge Robert S. Lasnik. (cc: USPO, USMO, FLU, Fin.,USMO, Sea Tac Fed Det) (RS, ) (Entered: 10/03/2007)
01/22/2008305 MOTION Modify Sentence by Columbia Medical Systems Inc. Noting Date 02/01/2008.(Mestel, Mark) (Entered: 01/22/2008)
02/01/2008306RESPONSE, by USA as to Columbia Medical Systems Inc, Phu Huynh Nguyen, to 1 Exhibit Exhibit 1)(Loitz, Susan) (Entered: 02/01/2008)
02/01/2008307 MOTION to Seal Document by USA as to Columbia Medical Systems Inc, Tuyet Thi-Bach Nguyen. Noting Date 2/15/2008. (Attachments: # 1 Order)(Loitz, Susan) (Entered: 02/01/2008)
02/01/2008308SEALED DOCUMENT by USA as to Columbia Medical Systems Inc, Tuyet Thi-Bach Nguyen re 1 Attachment)(Loitz, Susan) (Entered: 02/01/2008)
02/05/2008309ORDER denying 307 Motion to Seal Document; as to Columbia Medical Systems Inc (1), Tuyet Thi-Bach Nguyen (3) by Judge Robert S. Lasnik.(RS, ) (Entered: 02/06/2008)
02/06/2008310REPLY, by Columbia Medical Systems Inc, TO RESPONSE to 305 MOTION Modify Sentence (Mestel, Mark) (Entered: 02/06/2008)
03/14/2008312Second MOTION Modify Sentence by Columbia Medical Systems Inc. Noting Date 4/4/2008.(Mestel, Mark) (Entered: 03/14/2008)
03/20/2008313NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of the held on 3/20/2006 has been filed.

This transcript is SEALED for 90 days following the filing date.

Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court reporter for a 90 day period. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter S. Zielie by telephone at 206-370-8509. (SA, ) (Entered: 03/20/2008)

03/20/2008314NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of the Forfeiture Hearing held on 4/6/2006 has been filed.

This transcript is SEALED for 90 days following the filing date.

Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court reporter for a 90 day period. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter S. Zielie by telephone at 206-370-8509. (SA, ) (Entered: 03/20/2008)

03/21/2008315RESPONSE, by USA as to Columbia Medical Systems Inc, to 1 Exhibit 1)(Loitz, Susan) (Entered: 03/21/2008)
03/21/2008316 MOTION to Seal Document by USA as to Columbia Medical Systems Inc. Noting Date 4/4/2008. (Attachments: # 1 Order)(Loitz, Susan) (Entered: 03/21/2008)
03/21/2008317SEALED DOCUMENT by USA as to Columbia Medical Systems Inc re 1 Attachment)(Loitz, Susan) (Entered: 03/21/2008)
03/31/2008318REPLY, by Columbia Medical Systems Inc, TO RESPONSE to 312 Second MOTION Modify Sentence (Mestel, Mark) (Entered: 03/31/2008)
04/03/2008319RESPONSE, by USA as to Columbia Medical Systems Inc, to 1 Declaration)(Loitz, Susan) (Entered: 04/03/2008)
04/11/2008320ORDER by Judge Robert S. Lasnik. As to Columbia Medical Systems Inc (1), Defendant's Second Motion to Modify Sentence (Dkt # 316 )is GRANTED). (TS, ) (Entered: 04/11/2008)
05/29/2008323 MOTION to Terminate Probation by Columbia Medical Systems Inc. Noting Date 6/6/2008; (Mestel, Mark) (Entered: 05/29/2008)
06/10/2008324ORDER granting 323 Motion to terminate probation as to Columbia Medical Systems Inc (1) by Judge Robert S. Lasnik. cc USPO (RS) (Entered: 06/11/2008)