CLOSED,Exhibits,USMJ_Webb

U.S. District Court
EASTERN DISTRICT OF NORTH CAROLINA (Eastern Division)
CRIMINAL DOCKET FOR CASE #: 4:04-cr-00027-FL All Defendants


Case title: USA v. Convalesent Trans, et al
Related  Case: 4:09-cv-00096-FL

Date Filed: 04/15/2004
Date Terminated: 05/03/2006

Assigned to: District Judge Louise Wood Flanagan

Defendant (1)
Convalescent Transports, Inc.
TERMINATED: 05/03/2006
represented byJonathan Mark Herring
White & Allen, P.A.
P.O. Box 3169
Kinston, NC 28502-3169
252-527-8000
Fax: 527-8128
Email: mherring@whiteandallen.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

John Keating Wiles
Cheshire Parker Schneider & Bryan, PLLC
P. O. Box 1029
133 Fayetteville St., Suite 500
Raleigh, NC 27602
919-833-3114
Fax: 832-0739
Email: keat.wiles@cheshirepark.com
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:1347 - Health Care Fraud and Aiding and Abetting.
(1-347)
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(1s-192s)
3 yrs. Probation; Restitution $604,342.48 Joint & several w/ co-defendant Conner and Kelli Anderson (Anderson's liability capped @ $30,000); SA - $137,600; No Fine
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(193s)
Dismissed.
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(194s-215s)
3 yrs. Probation; Restitution $604,342.48 Joint & several w/ co-defendant Conner and Kelli Anderson (Anderson's liability capped @ $30,000); SA - $137,600; No Fine
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(216s)
Dismissed.
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(217s-227s)
3 yrs. Probation; Restitution $604,342.48 Joint & several w/ co-defendant Conner and Kelli Anderson (Anderson's liability capped @ $30,000); SA - $137,600; No Fine
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(228s)
Dismissed.
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(229s-335s)
3 yrs. Probation; Restitution $604,342.48 Joint & several w/ co-defendant Conner and Kelli Anderson (Anderson's liability capped @ $30,000); SA - $137,600; No Fine
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(336s)
Dismissed.
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(337s-347s)
3 yrs. Probation; Restitution $604,342.48 Joint & several w/ co-defendant Conner and Kelli Anderson (Anderson's liability capped @ $30,000); SA - $137,600; No Fine
18:371 - Conspiracy to commit health care fraud.
(348)
18:371 - Conspiracy to Commit Health Care Fraud
(348s)
3 yrs. Probation; Restitution $604,342.48 Joint & several w/ co-defendant Conner and Kelli Anderson (Anderson's liability capped @ $30,000); SA - $137,600; No Fine

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: District Judge Louise Wood Flanagan
Appeals court case numbers: '6-4604' '4CCA', 10-7579

Defendant (2)
Brian Conner
TERMINATED: 05/03/2006
represented byJonathan Mark Herring
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

M. Gordon Widenhouse, Jr.
Rudolf Widenhouse & Fialko
312 W. Franklin St.
Chapel Hill, NC 27516
919-967-4900
Fax: 967-4953
Email: mgwidenhouse@rwf-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Trawick H. Stubbs , Jr.
Stubbs & Perdue, PA
310 Craven St.
P. O. Box 1654
New Bern, NC 28563
919-870-6258
Fax: 919-870-6259
Email: tstubbs@stubbsperdue.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

George B. Currin
George B. Currin, Attorney at Law
PO Box 86
Raleigh, NC 27602
919-832-1515
Fax: 919-836-8484
Email: georgecurrin@aol.com
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:1347 - Health Care Fraud and Aiding and Abetting.
(1-347)
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(1s-192s)
120 mos. as to counts 1-192; 194-215; 217-227; 229-335; 337-347 to run concurrent and 60 mos. as to Counts 348-350 to run concurrent but partially consecutive to all other counts for a total term of 151 mos; 3 yrs. supervised release; $34,600 special assessment; Restitution $604,342.48 Joint & several w/ corporation and Kelli Anderson (Anderson's liability capped @ $30,000); Fine - $175,000
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(193s)
Dismissed.
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(194s-215s)
120 mos. as to counts 1-192; 194-215; 217-227; 229-335; 337-347 to run concurrent and 60 mos. as to Counts 348-350 to run concurrent but partially consecutive to all other counts for a total term of 151 mos; 3 yrs. supervised release; $34,600 special assessment; Restitution $604,342.48 Joint & several w/ corporation and Kelli Anderson (Anderson's liability capped @ $30,000); Fine - $175,000
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(216s)
Dismissed.
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(217s-227s)
120 mos. as to counts 1-192; 194-215; 217-227; 229-335; 337-347 to run concurrent and 60 mos. as to Counts 348-350 to run concurrent but partially consecutive to all other counts for a total term of 151 mos; 3 yrs. supervised release; $34,600 special assessment; Restitution $604,342.48 Joint & several w/ corporation and Kelli Anderson (Anderson's liability capped @ $30,000); Fine - $175,000
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(228s)
Dismissed.
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(229s-335s)
120 mos. as to counts 1-192; 194-215; 217-227; 229-335; 337-347 to run concurrent and 60 mos. as to Counts 348-350 to run concurrent but partially consecutive to all other counts for a total term of 151 mos; 3 yrs. supervised release; $34,600 special assessment; Restitution $604,342.48 Joint & several w/ corporation and Kelli Anderson (Anderson's liability capped @ $30,000); Fine - $175,000
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(336s)
Dismissed.
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(337s-347s)
120 mos. as to counts 1-192; 194-215; 217-227; 229-335; 337-347 to run concurrent and 60 mos. as to Counts 348-350 to run concurrent but partially consecutive to all other counts for a total term of 151 mos; 3 yrs. supervised release; $34,600 special assessment; Restitution $604,342.48 Joint & several w/ corporation and Kelli Anderson (Anderson's liability capped @ $30,000); Fine - $175,000
18:371 - Conspiracy to commit health care fraud.
(348)
18:371 - Conspiracy to Commit Health Care Fraud
(348s)
120 mos. as to counts 1-192; 194-215; 217-227; 229-335; 337-347 to run concurrent and 60 mos. as to Counts 348-350 to run concurrent but partially consecutive to all other counts for a total term of 151 mos; 3 yrs. supervised release; $34,600 special assessment; Restitution $604,342.48 Joint & several w/ corporation and Kelli Anderson (Anderson's liability capped @ $30,000); Fine - $175,000
18:1518 - Obstruction of criminal investigations of health care offenses and Aiding and Abetting.
(349-350)
18:1518 and 2 - Obstruction of Criminal Investigations of Health Care Offenses and Aiding and Abetting.
(349s)
120 mos. as to counts 1-192; 194-215; 217-227; 229-335; 337-347 to run concurrent and 60 mos. as to Counts 348-350 to run concurrent but partially consecutive to all other counts for a total term of 151 mos; 3 yrs. supervised release; $34,600 special assessment; Restitution $604,342.48 Joint & several w/ corporation and Kelli Anderson (Anderson's liability capped @ $30,000); Fine - $175,000
18:1518 and 2 - Obstruction of Criminal Investigations of Health Care Offenses and Aiding and Abetting.
(350s)
120 mos. as to counts 1-192; 194-215; 217-227; 229-335; 337-347 to run concurrent and 60 mos. as to Counts 348-350 to run concurrent but partially consecutive to all other counts for a total term of 151 mos; 3 yrs. supervised release; $34,600 special assessment; Restitution $604,342.48 Joint & several w/ corporation and Kelli Anderson (Anderson's liability capped @ $30,000); Fine - $175,000

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: District Judge Louise Wood Flanagan

Defendant (3)
Ralph Culbreth
TERMINATED: 10/25/2005
represented byMyron T. Hill , Jr.
Browning & Hill
200 E. Fourth St.
Greenville, NC 27835
252-758-1403
Fax: 252-758-5195
Email: mhill@browning-hill.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1347 - Health Care Fraud and Aiding and Abetting.
(1-347)
18:371 - Conspiracy to commit health care fraud.
(348)
18:1518 - Obstruction of criminal investigations of health care offenses and Aiding and Abetting.
(349-350)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(1s-192s)
Acquitted by jury
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(193s)
Dismissed.
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(194s-215s)
Acquitted by jury
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(216s)
Dismissed.
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(217s-227s)
Acquitted by jury
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(228s)
Dismissed.
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(229s-335s)
Acquitted by jury
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(336s)
Dismissed.
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(337s-347s)
Acquitted by jury
18:371 - Conspiracy to Commit Health Care Fraud
(348s)
Acquitted by jury
18:1518 and 2 - Obstruction of Criminal Investigations of Health Care Offenses and Aiding and Abetting.
(349s)
Acquitted by jury
18:1518 and 2 - Obstruction of Criminal Investigations of Health Care Offenses and Aiding and Abetting.
(350s)
Acquitted by jury

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: District Judge Louise Wood Flanagan

Defendant (4)
Jasper Warrick
TERMINATED: 03/08/2005
also known as
Jay Warrick
represented byKeith A. Williams
Law Offices of Keith A. Williams, P.A.
321 South Evans St.
Suite 103
Greenville, NC 27835
252-931-9362
Fax: 252-830-5155
Email: keith@williamslawonline.com
TERMINATED: 03/08/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:1347 - Health Care Fraud and Aiding and Abetting.
(1-347)
Dismissed
18:1347 and 2 - Health Care Fraud and Aiding and Abetting
(1s-347s)
Pretrial Diversion
18:371 - Conspiracy to commit health care fraud.
(348)
Dismissed
18:371 - Conspiracy to Commit Health Care Fraud
(348s)
Pretrial Diversion

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Movant
Lenoir County Tax Department represented byDavid J. Haidt
Ayers & Haidt, P.A.
307 Metcalf Street
New Bern, NC 28563-1544
252-638-2955
Fax: 252-638-3293
Email: DavidHaidt@embarqmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Receiver
Algernon L. Butler, III represented byAlgernon L. Butler , III
Butler & Butler, LLP
111 North 5th Ave.
Wilmington, NC 28402
910-762-1908
Fax: 910-762-9441
Email: albutleriii@butlerbutler.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Waived or Self (Pro Se)


Plaintiff
USA represented byEdward D. Gray
U. S. Attorney's Office
Suite 800, 310 New Bern Ave.
Raleigh, NC 27601
919-856-4530
Fax: 919-856-4821
Email: edward.gray@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Joshua B. Royster
U. S. Attorney's Office
Suite 800, 310 New Bern Ave.
Raleigh, NC 27601
919-856-4047
Fax: 856-4821
Email: joshua.royster@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

R. A. Renfer , Jr.
U. S. Attorney's Office
Rm. 800, 310 New Bern Ave.
Raleigh, NC 27601
919-856-4530
Email: rudy.renfer@usdoj.gov
TERMINATED: 07/24/2009
LEAD ATTORNEY

Yvonne V. Watford-McKinney
U.S. Attorney's Office
310 New Bern Ave.
Suite 800
Raleigh, NC 27601
919-856-4530
Fax: 919-856-4487
Email: Yvonne.Watford@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
04/15/2004INDICTMENT as to Convalescent Trans (1) count(s) 1-347, 348, Brian Conner (2) count(s) 1-347, 348, 349-350, Ralph Culbreth (3) count(s) 1-347, 348, 349-350, Jasper Warrick (4) count(s) 1-347, 348. FORFEITURE NOTICE. (ld) (Entered: 04/21/2004)
04/15/2004  Request by the USAtty's offic for Summons as to Convalescent Trans, Brian Conner, Ralph Culbreth, Jasper Warrick (ld) (Entered: 04/21/2004)
04/15/2004   (ld) (Entered: 05/07/2004)
05/04/2004  ARREST of Brian Conner, Ralph Culbreth, Jasper Warrick (sp) (Entered: 05/04/2004)
05/04/2004  Initial appearance as to Convalescent Trans, Brian Conner, Ralph Culbreth, Jasper Warrick held in Greenville before USMJ David W. Daniel . Court Reporter: CD#12 Presiding Judge: USMJ Daniel. All dfts present with counsel. Mr. Chris Kelly will represent the corporation(not present at this IA). All dft's have hired their own attorney's. Gvt does not move for dtn, would like to follow PTS report with addition to surrendering passport. Dft's waiv reading of indictment, all indicated that they have reviewed the indictment. Dft's released on conditions and $25,000 unsecured bond (sp) Modified on 05/04/2004 (Entered: 05/04/2004)
05/04/2004ORDER Setting Conditions of Release as to Brian Conner Bond set to $25,000 UNSECURED for Brian Conner. ( Signed by USMJ Daniel ) served (sp) (Entered: 05/04/2004)
05/04/2004 unsecured BOND entered by Brian Conner in Amount $ 25,000 (sp) (Entered: 05/04/2004)
05/04/2004ORDER Setting Conditions of Release as to Ralph Culbreth Bond set to $25,000 unsecured for Ralph Culbreth. ( Signed by USMJ Daniel ) served (sp) (Entered: 05/04/2004)
05/04/2004 unsecured BOND entered by Ralph Culbreth in Amount $ 25,000 (sp) (Entered: 05/04/2004)
05/04/2004ORDER Setting Conditions of Release as to Jasper Warrick Bond set to $25,000 unsecured for Jasper Warrick. ( Signed by USMJ Daniel ) served (sp) (Entered: 05/04/2004)
05/04/2004 Unsecured BOND entered by Jasper Warrick in Amount $ 25,000 (sp) (Entered: 05/04/2004)
05/05/2004NOTICE of Appearance for Jasper Warrick by Attorney Keith A. Williams 1c: USPO (ld) (Entered: 05/07/2004)
05/06/2004  Proposed Scheduling Order as to Convalescent Trans, Brian Conner, Ralph Culbreth, Jasper Warrick to Magistrate Judge Dever's office vai email (ld) (Entered: 05/07/2004)
05/06/2004NOTICE of Appearance for Ralph Culbreth by Attorney Myron Tayloe Hill Jr. 1c: USPO (ld) (Entered: 05/07/2004)
05/07/200410 PRETRIAL SCHEDULING ORDER as to Convalescent Trans, Brian Conner, Ralph Culbreth, Jasper Warrick setting deadlines: Attorney Conference by 5/24/04 for Convalescent Trans, for Brian Conner, for Ralph Culbreth, for Jasper Warrick ; Pretrial Motion Filing due by 6/3/04 for Convalescent Trans, for Brian Conner, for Ralph Culbreth, for Jasper Warrick ; Response to Pretrial Motions due by 6/16/04 for Convalescent Trans, for Brian Conner, for Ralph Culbreth, for Jasper Warrick ( Signed by Judge Dever, USMJ - cys dist ) (ld) (Entered: 05/07/2004)
05/07/200411 SUMMONS Returned Executed as to Jasper Warrick 4/23/04 (ld) (Entered: 05/11/2004)
05/14/200412 MOTION by Convalescent Trans, Brian Conner, Ralph Culbreth, Jasper Warrick to amend [10-1] Scheduling order 1c: Judge Dever, USMJ w/prop order (ld) Modified on 05/24/2004 (Entered: 05/18/2004)
05/24/2004  Motion(s) no longer referred as to Convalescent Trans, Brian Conner, Ralph Culbreth, Jasper Warrick : [12-1] motion to amend [10-1] Scheduling order as to Convalescent Trans (1), Brian Conner (2), Ralph Culbreth (3), Jasper Warrick (4) (ld) (Entered: 05/24/2004)
05/24/2004  Motion submission to Judge Flanagan as to Convalescent Trans, Brian Conner, Ralph Culbreth, Jasper Warrick: [12-1] motion to amend [10-1] Scheduling order submitted as to Convalescent Trans (1), Brian Conner (2), Ralph Culbreth (3), Jasper Warrick (4) (ld) (Entered: 05/24/2004)
05/25/200413 ORDER as to Convalescent Trans, Brian Conner, Ralph Culbreth, Jasper Warrick granting [12-1] motion to amend [10-1] Scheduling order as to Convalescent Trans (1), Brian Conner (2), Ralph Culbreth (3), Jasper Warrick (4), set status conference before USMJ James C. Dever III. for 10:00 a.m. on 10/18/04 in the 5th floor courtroom at the Terry Sanford Federal Building for Convalescent Trans, for Brian Conner, for Ralph Culbreth, for Jasper Warrick ( Signed by Judge Flanagan USDJ - cys dist ) (ld) (Entered: 05/25/2004)
05/26/200414 NOTICE of Appearance for Convalescent Trans, Brian Conner by Attorney G. Christopher Kelly and Jonathan Mark Herring 1c: USPO (ld) (Entered: 05/26/2004)
06/07/200415 REQUEST FOR DISCOVERY by Convalescent Trans, Brian Conner (ll) (Entered: 06/07/2004)
06/28/200416 SUMMONS Returned Executed as to Convalescent Trans, Brian Conner, Ralph Culbreth 4/28/04 (ld) (Entered: 06/29/2004)
09/27/2004  Issued NOTICE TO APPEAR as to Convalescent Trans, Brian Conner, Ralph Culbreth, Jasper Warrick : set status conference in Raleigh, NC before USMJ James C. Dever III. for 10:00 a.m. on 10/18/04 for Convalescent Trans, for Brian Conner, for Culbreth, for Jasper Warrick (ld) (Entered: 09/27/2004)
10/18/2004  Status conference as to Convalescent Trans, Brian Conner, Ralph Culbreth, Jasper Warrick held before USMJ James C. Dever III in Raleigh. Court Reporter: Sharon Kroeger - Yvonne Watford-McKinney and Jay Exum present for govt. - Present for defendants: Christopher Kelly, Mark Herrin, Myron Hill and Keith Williams - Court hears from parties re: discovery - Counsel requested another status conference - Court set next status conference for 1/26/05 @ 10:00 a.m. in Raleigh, 5th Floor Courtroom. (ll) (Entered: 10/22/2004)
10/18/200417 ORDER as to Convalescent Trans, Brian Conner, Ralph Culbreth, Jasper Warrick, set status conference before USMJ James C. Dever III for 10:00 1/26/05 for Convalescent Trans, for Brian Conner, for Ralph Culbreth, for Jasper Warrick , to Continue in Interests of Justice Time Excluded from 10/18/04 to 1/26/05 (Signed by James C. Dever, III, USMJ). Cys. dist. (ll) (Entered: 10/22/2004)
11/10/200418 SUPERSEDING INDICTMENT as to Convalescent Trans (1) count(s) 1s-347s, 348s, Brian Conner (2) count(s) 1s-347s, 348s, 349s, 350s, Ralph Culbreth (3) count(s) 1s-347s, 348s, 349s, 350s, Jasper Warrick (4) count(s) 1s-347s, 348s . Sentencing allegations and forfeiture notice. Cys. dist. (ll) (Entered: 11/24/2004)
01/06/2005  Issued NOTICE TO APPEAR as to Convalescent Trans, Brian Conner, Ralph Culbreth, Jasper Warrick : set status conference before USMJ James C. Dever III. for 10:00 a.m. on 1/26/05 for Convalescent Trans, for Brian Conner, for Ralph Culbreth, for Jasper Warrick in the Terry Sanford Federal Bldg, 5th Floor Courtroom (ld) (Entered: 01/06/2005)
01/20/200519 MOTION by Jasper Warrick to be excused from the 1-26-2005 status conference faxed to Judge Dever, USMJ (ld) (Entered: 01/21/2005)
01/24/200520 ORDER as to Jasper Warrick granting [19-1] motion to be excused from the 1-26-2005 status conference as to Jasper Warrick (4) ( Signed by Judge Dever, USMJ - cys dist via fax and mail) (ld) Modified on 01/24/2005 (Entered: 01/24/2005)
01/26/2005  Status conference as to Convalescent Trans, Brian Conner, Ralph Culbreth, Jasper Warrick held in Raleigh before USMJ James C. Dever III. . Court Reporter: computer. Present: AUSA- Watford-McKinney, Atty for Dft: C. Kelly, M. Hill, Williams. DC- Powers. Both parties summarize issues of discovery. dft needs until March for discovery. Both parties feel they will be ready for trial by May or June, Atty Hill may have conflict due to State murder trial. Atty Hill will submit a letter to USMJ Dever after March 7th Status Conference in that case. Court sets Discovery for Dft due 3/11/05, for USA due 4/11/05. (sp) (Entered: 01/26/2005)
01/27/200521 PRETRIAL SCHEDULING ORDER as to Convalescent Trans, Brian Conner, Ralph Culbreth, Jasper Warrick setting deadlines: Attorney Conference by on or before 6/3/05 for Convalescent Trans, for Brian Conner, for Ralph Culbreth, for Jasper Warrick ; Pretrial Motion Filing due by 5/2/05 for Convalescent for Brian Conner, for Ralph Culbreth, for Jasper Warrick ; Response to Pretrial Motions due by 5/31/05 for Trans, for Brian Conner, for Ralph Culbreth, for Jasper Warrick. This case is set for arraignment and trial at the criminal term of court commencing on Jume 13, 2005. ( Signed by Judge Dever, USMJ - cys dist ) (ld) (Entered: 01/27/2005)
03/08/200522 PRETRIAL DIVERSION AGREEMENT as to Jasper Warrick Counts closed: Jasper Warrick (4) count(s) 1s-347s, 1-347, 348s, 348 Complaint/Information closed. Cys. dist. (ll) (Entered: 03/08/2005)
03/08/200523 ORDER as to Jasper Warrick granting [22-1] pretrial diversion as to Jasper Warrick (4) (Signed by Louise W. Flanagan, Chief USDJ). Cys. dist. (ll) (Entered: 03/08/2005)
04/29/200524 MOTION by Convalescent Trans, Brian Conner, Ralph Culbreth for Jencks Act material . w/cs. (ll) (Entered: 05/02/2005)
04/29/200525 MOTION by Convalescent Trans, Brian Conner, Ralph Culbreth for evidence under Brady Act . w/cs. (ll) (Entered: 05/02/2005)
04/29/200526 MEMORANDUM by Convalescent Trans, Brian Conner, Ralph Culbreth in support of [25-1] motion for evidence under Brady Act. w/cs. (ll) (Entered: 05/02/2005)
04/29/200527 MOTION by Convalescent Trans, Brian Conner, Ralph Culbreth to Sequester Witness . w/cs. (ll) (Entered: 05/02/2005)
04/29/200528 MOTION by Convalescent Trans, Brian Conner, Ralph Culbreth for Early Disclosure of Govt's Witness List . w/cs. (ll) (Entered: 05/02/2005)
04/29/200529 MOTION with Memorandum in Support by Convalescent Trans, Brian Conner, Ralph Culbreth to dismiss , or in the alternative to suppress certain testimony and evidence . w/cs and separate Table of Contents. (ll) Modified on 05/02/2005 (Entered: 05/02/2005)
05/04/2005  Case file as to Jasper Warrick to the Raleihg office - Closed file room. (ld) (Entered: 05/04/2005)
05/24/200530 RESPONSE by USA as to Convalescent Trans, Brian Conner, Ralph Culbreth re [28-1] motion for Early Disclosure of Govt's Witness List, [27-1] motion to Sequester Witness, [25-1] motion for evidence under Brady Act, [24-1] motion for Jencks Act material. w/cs. (ll) (Entered: 05/25/2005)
05/27/2005   (ll) (Entered: 05/27/2005)
05/27/2005  Motion(s) referred to USMJ William A. Webb as to Convalescent Trans, Brian Conner, Ralph Culbreth : [28-1] motion for Early Disclosure of Govt's Witness List, [27-1] motion to Sequester Witness, [25-1] motion for evidence under Brady Act, [24-1] motion for Jencks Act material. Copies of motions, response and docket sheet to USMJ Webb for consideration. (ll) (Entered: 05/27/2005)
05/27/200531 RESPONSE by USA as to Convalescent Trans, Brian Conner, Ralph Culbreth re [29-1] motion to dismiss, [29-2] motion suppress certain testimony and evidence. 1c: Chief Judge Flanagan (ld) (Entered: 05/31/2005)
05/31/2005  Motion submission as to Convalescent Trans, Brian Conner, Ralph Culbreth : [29-1] motion to dismiss submitted as to Convalescent Trans (1), Brian Conner (2), Ralph Culbreth (3), [29-2] motion to suppress certain testimony and evidence submitted as to Convalescent Trans (1), Brian Conner (2), Ralph Culbreth (3) (ll) (Entered: 06/01/2005)
06/01/2005  Deadline updated as to Convalescent Trans, Brian Conner, Ralph Culbreth, set Arraignment before Chief Judge Louise W. Flanagan for 6/20/05 for Convalescent Trans, for Brian Conner, for Ralph Culbreth (ll) (Entered: 06/01/2005)
06/03/200532 REPLY in support by Convalescent Trans, Brian Conner, Ralph Culbreth to response to [29-1] motion to dismiss (ld) (Entered: 06/06/2005)
06/03/2005  Issued NOTICE TO APPEAR as to Convalescent Trans, Brian Conner, Ralph Culbreth: set Arraignment before Chief Judge Louise W. Flanagan for 10:00 a.m. on 6/20/05 for Convalescent Trans, for Brian Conner, for Ralph Culbreth (ld) (Entered: 06/06/2005)
06/06/2005  Issued NOTICE TO APPEAR as to Convalescent Trans, Brian Conner, Ralph Culbreth: Motion hearing before Chief Judge Louise W. Flanagan, set for 10:00 a.m. on 6/20/05 as to: Brian Conner, re: (29-1), (29-2); Ralph Culbreth, re: (29-1), (29-2); Convalescent Trans, re: (29-1), (29-2) (ld) (Entered: 06/06/2005)
06/06/200533 PROPOSED VOIR DIRE QUESTIONS by USA as to Convalescent Trans, Brian Conner, Ralph Culbreth. 1c: Chief Judge Flanagan. (ll) (Entered: 06/07/2005)
06/06/200534 PROPOSED JURY INSTRUCTIONS by USA as to Convalescent Trans, Brian Conner, Ralph Culbreth. 1c: Chief Judge Flanagan. (ll) (Entered: 06/07/2005)
06/10/200535 Document Filed by USA as to Convalescent Trans, Brian Conner, Ralph Culbreth Titled: Government's Special Verdict Form. (ll) (Entered: 06/14/2005)
06/15/200536 PROPOSED JURY INSTRUCTIONS by Convalescent Trans, Brian Conner, Ralph Culbreth. 1c: Chief Judge Flanagan (ld) (Entered: 06/16/2005)
06/15/200537 PROPOSED VOIR DIRE QUESTIONS by Convalescent Trans, Brian Conner, Ralph Culbreth. 1c: Chief Judge Flanagan (ld) (Entered: 06/16/2005)
06/20/2005  Motion hearing held before Chief Judge Flanagan in New Bern as to Convalescent Trans, Brian Conner, Ralph Culbreth re: [29-1] motion to dismiss, [29-2] motion to suppress certain testimony and evidence, [28-1] motion for Early Disclosure of Govt's Witness List, [27-1] motion to Sequester Witness, [25-1] motion for evidence under Act, [24-1] motion for Jencks Act material - Court Reporter: Harry Hagopian - Yvonne Watford-McKinney and Jay Exum present for govt - Chris Kelly and Mark Herring for Convalescent and Conner - Myron Hill for Culbreth - Mr. Hill advised the court the parties had resolved all of the issues in the discovery motions - Court denied the motion to dismiss with the exception of the estoppel issue - Govt. has 2 weeks to file further briefing on that issue (Deft. then has 10 days to respond) - Court granted in part/denied in part defendant's motion to suppress - Written order to follow. (ll) (Entered: 06/20/2005)
06/20/2005  ORAL ORDER as to Convalescent Trans, Brian Conner, Ralph Culbreth granting in part, denying in part [29-2] motion to suppress certain testimony and evidence as to Convalescent Trans (1), Brian Conner (2), Ralph Culbreth (3); Terminated [28-1] motion for Early Disclosure of Govt's Witness List as to Convalescent Trans (1), Brian Conner (2), Ralph Culbreth (3), [27-1] motion to Sequester Witness as to Convalescent Trans (1), Brian Conner (2), Ralph Culbreth (3), [25-1] motion for evidence under Brady Act as to Convalescent (1), Brian Conner (2), Ralph Culbreth (3), [24-1] motion Jencks Act material as to Convalescent Trans (1), Brian Conner (2), Ralph Culbreth (3) as the parties have resolved the issues raised in these motions. (Entered by Louise W. Flanagan, Chief USDJ) (ll) (Entered: 06/20/2005)
06/20/2005  Arraignment as to Convalescent Trans, Brian Conner, Ralph Culbreth held before Chief Judge Louise W. Flanagan in NB. Court Reporter: Harry Hagopian - Convalescent Trans (1) count(s) 1s-347s, 348s, Brian Conner (2) count(s) 1s-347s, 348s, 349s, 350s, Ralph Culbreth (3) count(s) 1s-347s, 348s, 349s, 350s. Christopher Kelly and Mark Herring present for Convalescent and Brian Conner; Myron Hill present for Culbreth; Deft. Conner is sole shareholder for Convalescent and court approved as the representative for the corporation - Defts. sworn - Competent - Rule 11 conducted - Not Guilty pleas entered by all defts - Court sets jury trial to commence 10/3/05 @ 10:00 a.m. - Attorney conference to be held on 9/28/05 @ 2:00 p.m. - Defts. released on same conditions previously imposed. (ll) (Entered: 06/20/2005)
06/20/2005  PLEA entered by Convalescent Trans, Brian Conner, Ralph Culbreth before Chief Judge Flanagan in NB. Court accepts plea. Not Guilty: Convalescent Trans (1) count(s) 1s-347s, 348s, Brian Conner (2) count(s) 1s-347s, 348s, 349s, 350s, Ralph Culbreth (3) count(s) 1s-347s, 348s, 349s, 350s (Terminated motions) - Court Reporter: Harry Hagopian. (ll) (Entered: 06/20/2005)
06/20/2005  Jury trial as to Convalescent Trans, Brian Conner, Ralph Culbreth SET at 10:00 10/3/05 for Convalescent Trans, for Brian Conner, for Ralph Culbreth before Chief Judge Louise W. Flanagan. (ll) (Entered: 06/20/2005)
06/20/2005  Deadline updated as to Convalescent Trans, Brian Conner, Ralph Culbreth, set Pretrial Conference before Chief Judge Louise W. Flanagan for 2:00 9/28/05 for Convalescent Trans, for Brian Conner, for Ralph Culbreth (ll) (Entered: 06/20/2005)
06/20/2005  Issued NOTICE TO APPEAR as to Convalescent Trans, Brian Conner, Ralph Culbreth : set pretrial conference before Chief Judge Louise W. Flanagan for 2:00 9/28/05 for Convalescent Trans, for Brian Conner, for Ralph Culbreth , Jury trial before Chief Judge Louise W. Flanagan for 10:00 10/3/05 for Convalescent Trans, for Brian Conner, for Ralph Culbreth (ll) (Entered: 06/21/2005)
06/20/2005  ORAL ORDER as to Convalescent Trans, Brian Conner, Ralph Culbreth, - Deft's waived their rights under the Speedy Trial Act to Continue in Interests of Justice Time Excluded from 6/20/05 to 10/3/05 (Entered by Louise W. Flanagan, Chief USDJ) (ll) (Entered: 09/08/2005)
06/21/200538 ORDER as to Convalescent Trans, Brian Conner, Ralph Culbreth (follows oral order entered 6/20/05) - Motion to dismiss denied on all issues except the estoppel issue - Govt. to file further briefs w/in 2 weeks and defts. to respond 10 days thereafter; Motion to suppress granted in part/denied in part - Jury selection and trial to begin 10/3/05 @ 10:00 a.m. - Final pretrial conference set for 9/28/05 @ 2:00 p.m. (Signed by Louise W. Flanagan, Chief USDJ) Cys. dist. (ll) (Entered: 06/21/2005)
07/05/200539 RESPONSE by USA as to Convalescent Trans, Brian Conner, Ralph Culbreth re [29-1] motion to dismiss. w/cs and attachments. (ll) (Entered: 07/08/2005)
07/15/200540 REPLY by Convalescent Trans, Brian Conner, Ralph Culbreth to response to [29-1] motion to dismiss. w/cs. (ll) (Entered: 07/19/2005)
07/19/2005  Motion submission as to Convalescent Trans, Brian Conner, Ralph Culbreth : [29-1] motion to dismiss submitted as to Convalescent Trans (1), Brian Conner (2), Ralph Culbreth (3). Case files to Chief Judge Flanagan for consideration. (ll) (Entered: 07/19/2005)
09/06/200541 AMENDED Witness list by USA as to Convalescent Trans, Brian Conner, Ralph Culbreth. 1c: Chief Judge Flanagan. (ll) (Entered: 09/07/2005)
09/08/200542 ORDER as to Convalescent Trans, Brian Conner, Ralph Culbreth DENYING [29-1] motion to dismiss as to Convalescent Trans (1), Brian Conner (2), Ralph Culbreth (3) (Signed by Louise W. Flanagan, Chief USDJ). Cys. dist. (ll) (Entered: 09/08/2005)
09/28/2005  Pre-trial conference as to Convalescent Trans, Brian Conner, Ralph Culbreth held before Chief Judge Louise W. Flanagan in NB. Court Reporter: Harry Hagopian - Defts. not present - Counsel for Convalescent & Conner: Chris Kelly & Jonathan Herring; for Culbreth: Myron Hill; and for Govt: Yvonne Watford-McKinney and Jay Exum - Govt. made oral motion to dismiss counts 193, 216 and 228 - Court granted motion - Court discussed procedural matters w/ counsel - Total time: 1.5 hrs. (ll) (Entered: 09/28/2005)
09/28/2005  MOTION in open court by USA as to Convalescent Trans, Brian Conner, Ralph Culbreth to dismiss counts 193, 216 & 228 . (ll) (Entered: 09/28/2005)
09/28/2005  ORAL ORDER as to Convalescent Trans, Brian Conner, Ralph Culbreth granting [0-0] oral motion to dismiss counts 193, 216 & 228 as to Convalescent Trans (1), Brian Conner (2), Ralph Culbreth (3) ( Entered by Louise W. Flanagan, Chief USDJ) (ll) (Entered: 09/28/2005)
09/28/2005  DISMISSAL of Count(s) on Government Motion as to Convalescent Trans, Brian Conner, Ralph Culbreth Counts Dismissed: Convalescent Trans (1) count(s) 193s, 216s,228s Brian Conner (2) count(s) 193s, 216s, 228s, Ralph Culbreth (3) count(s) 193s, 216s, 228s (ll) (Entered: 09/28/2005)
09/28/200543 Witness list by USA as to Convalescent Trans, Brian Conner, Ralph Culbreth. 1c: Chief Judge Flanagan. (ll) (Entered: 09/28/2005)
09/28/2005  ORAL MOTION in Limine to exclude govt. from presenting "notepad information" at trial by Convalescent Transports, Inc., Brian Conner, Ralph Culbreth. (Deputy Clerk, LL) (Entered: 10/11/2005)
09/30/200544 ORDER as to Convalescent Trans, Brian Conner, Ralph Culbreth memoralizing rulings from the bench on 9/28/05 - Prior to commencement of trial on 10/3/05: Deft's witness list shall be submitted; Joint statement of parties as well as a redacted copy of the indictment shall be submitted; Counts 193, 216 & 228 are dismissed. (follows oral order entered 9/28/05) (Signed by Louise W. Flanagan, Chief USDJ). Cys. dist. by fax & mail. (ll) (Entered: 09/30/2005)
09/30/200546 Memorandum of Law by Government as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth: (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D) (Deputy Clerk, LL) (Entered: 10/05/2005)
10/03/200548  Joint Statement Summarizing Charges Contained in the Superseding Indictment as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth: (Deputy Clerk, LL) (Entered: 10/05/2005)
10/03/2005  Minute Entry for proceedings held before Judge Louise Wood Flanagan in New Bern:Voir Dire begun on 10/3/2005 Convalescent Transports, Inc. (1) on Count 1s-192s,194s-215s,217s-227s,229s-347s,348s and Ralph Culbreth (3) on Count 1s-192s,194s-215s,217s-227s,229s-347s,348s,349s,350s and Brian Conner (2) on Count 1s-192s,194s-215s,217s-227s,229s-347s,348s,349s,350s - Christopher Kelly & Jonathan Herring present for defendants Convalescent & Connor - Myron Hill present for defendant Culbreth. Yvonne Watford McKinney and Jay Exum present for government. (Court Reporter Harry Hagopian.) (Deputy Clerk, LL) (Entered: 10/05/2005)
10/03/2005  Minute Entry for proceedings held before Judge Louise Wood Flanagan :Jury Selection as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth held on 10/3/2005. All defendants present w/ counsel - 12 jurors and 3 alternates chosen and impaneled. (Court Reporter Harry Hagopian.) (Deputy Clerk, LL) (Entered: 10/05/2005)
10/04/2005  Minute Entry for proceedings held before Judge Louise Wood Flanagan in New Bern:Jury Trial as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth held on 10/4/2005 - Yvonne Watford-McKinney and Jay Exum present for govt. -Christopher Kelly & Jonathan Herring present for defts. Convalescent & Conner - Myron Hill present for deft. Culbreth - 15 jurors present. (Court Reporter Harry Hagopian.) (Deputy Clerk, LL) (Entered: 10/05/2005)
10/05/2005  Minute Entry for proceedings held before Judge Louise Wood Flanagan :Jury Trial as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth held on 10/5/2005 - All defts. present w/ counsel - 15 jurors present (Court Reporter Harry Hagopian.) (Deputy Clerk, LL) (Entered: 10/05/2005)
10/06/2005  ORAL MOTION to Dismiss count 336by USA as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth. (Deputy Clerk, LL) (Entered: 10/06/2005)
10/06/2005  ORAL ORDER granting []ORAL Motion to Dismiss count 336 as to Convalescent Transports, Inc. (1), Brian Conner (2), Ralph Culbreth (3). Signed by Judge Louise Wood Flanagan on 10/6/2005. (Deputy Clerk, LL) Modified on 10/6/2005 (Deputy Clerk, LL). (Entered: 10/06/2005)
10/06/200549 Minute Entry for proceedings held before Judge Louise Wood Flanagan in New Bern :Jury Trial as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth held on 10/6/2005 (Court Reporter Harry Hagopian -.) All defendants present w/ counsel - 15 jurors present - Evidence continued. (Deputy Clerk, LL) (Entered: 10/06/2005)
10/11/200550 ORDER denying [] Motion in Limine as to Convalescent Transports, Inc. (1), Brian Conner (2), Ralph Culbreth (3). Signed by Judge Louise Wood Flanagan on 10/11/05. Cys. hand delivered to counsel. (Deputy Clerk, LL) (Entered: 10/11/2005)
10/11/2005  Minute Entry for proceedings held before Judge Louise Wood Flanagan :Jury Trial as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth held on 10/11/2005 (Court Reporter Harry Hagopian). All defendants present w/ counsel - 15 jurors present. Evidence continued. (Deputy Clerk, LL) (Entered: 10/11/2005)
10/12/2005  Minute Entry for proceedings held before Judge Louise Wood Flanagan :Jury Trial as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth held on 10/12/2005 (Court Reporter Harry Hagopian) - All parties present w/ counsel - 15 jurors present. Evidence continued. (Deputy Clerk, LL) (Entered: 10/12/2005)
10/13/2005  Minute Entry for proceedings held before Judge Louise Wood Flanagan:Jury Trial as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth held on 10/13/2005. (Court Reporter Harry Hagopian.) All parties present w/counse; 15 jurors present. Govt. cont. to present evidence; Govt. rest - 11:43 a.m.- Jurors released for the day to returned at 9:00 a.m. Monday 17, 2005. (Deputy Clerk, LR) (Entered: 10/13/2005)
10/13/2005  ORAL MOTION for Acquittal under Rule 29 by Convalescent Transports, Inc., Brian Conner, Ralph Culbreth. (Deputy Clerk, LR) (Entered: 10/13/2005)
10/13/2005  Motion Taken Under Advisement as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth re: MOTION for Acquittal (Deputy Clerk, LR) (Entered: 10/13/2005)
10/17/2005  ORAL ORDER denying [] Motion for Acquittal as to Convalescent Transports, Inc. (1), Brian Conner (2), Ralph Culbreth (3). Entered by Judge Louise Wood Flanagan on 10/17/05. (Deputy Clerk, LL) (Entered: 10/17/2005)
10/17/2005  Minute Entry for proceedings held before Judge Louise Wood Flanagan in New Bern:Jury Trial as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth held on 10/17/2005 (Court Reporter Harry Hagopian)- All defendants present w/ counsel - 15 jurors present - Defense presents evidence. (Deputy Clerk, LL) (Entered: 10/17/2005)
10/18/2005  Minute Entry for proceedings held before Judge Louise Wood Flanagan in New Bern :Jury Trial as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth held on 10/18/2005 (Court Reporter Harry Hagopian.) All defendants present w/ counsel - 15 jurors present - Defense continues evidence. (Deputy Clerk, LL) (Entered: 10/18/2005)
10/19/2005  Minute Entry for proceedings held before Judge Louise Wood Flanagan :Jury Trial as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth held on 10/19/2005 in New Bern - (Court Reporter Harry Hagopian) - All defendants present w/ counsel - 15 jurors present - Defense continues to present evidence - Defense rests - Govt. presents rebuttal evidence. (Deputy Clerk, LL) (Entered: 10/19/2005)
10/20/2005  ORAL MOTION for Acquittal by Convalescent Transports, Inc., Brian Conner. (Deputy Clerk, LL) (Entered: 10/20/2005)
10/20/2005  ORAL ORDER denying [oral] Motion for Acquittal as to Convalescent Transports, Inc. (1), Brian Conner (2). Signed by Judge Louise Wood Flanagan on 10/20/05. (Deputy Clerk, LL) (Entered: 10/20/2005)
10/20/2005  ORAL MOTION for Acquittal by Ralph Culbreth. (Deputy Clerk, LL) (Entered: 10/20/2005)
10/20/2005  ORAL ORDER denying [oral] Motion for Acquittal as to Ralph Culbreth (3). Signed by Judge Louise Wood Flanagan on 10/20/05. (Deputy Clerk, LL) (Entered: 10/20/2005)
10/20/2005  Minute Entry for proceedings held before Judge Louise Wood Flanagan :Jury Trial as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth held on 10/20/2005 in New Bern (Court Reporter Harry Hagopian) - All defendants present w/ counsel - 15 jurors present - Govt. rests rebuttal case - Jurors excused until Monday 10/24 - Motions for judgment of acquittal for Convalescent & Conner by Mr. Kelly - Motion for judgment of acquittal for Culbreth by Mr. Hill - Court denied all motions - Court conducts charge conference w/ counsel. (Deputy Clerk, LL) Modified on 10/20/2005 (Deputy Clerk, LL). (Entered: 10/20/2005)
10/24/2005  Minute Entry for proceedings held before Judge Louise Wood Flanagan :Jury Trial as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth held on 10/24/2005 in New Bern - (Court Reporter Harry Hagopian)- All defendants present w/ counsel - 15 jurors present - Closing arguments by counsel - Court charges jury - Jury deliberations begin - Alternate #3 is dismissed - Alternates 1 & 2 to remain in case needed during deliberations - Jurors excused @ 5:09 - Deliberations to resume on Tuesday, 10/25/05. (Deputy Clerk, LL) (Entered: 10/24/2005)
10/25/2005  Minute Entry for proceedings held before Judge Louise Wood Flanagan :Jury Trial as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth held on 10/25/2005 in New Bern - (Court Reporter Harry Hagopian) - All defendants present w/ counsel - 14 jurors present (12 deliberating & 2 alternates) - Deliberations continue - Verdict rendered - Convalescent Transports & Brian Conner adjudged GUILTY as to all counts; Ralph Culbreth adjudged NOT GUILTY as to all counts - Clerk published verdict and polled jury - Jury excused - Mr. Kelly made motion under Rule 29 for acquittal on behalf of Convalescent & Conner - Court denied motion - Govt. requested the court direct no assets of the corporation be transferred or disolved pending sentencing of this matter - Counsel to confer and present a proposed order to the court - Defendant Conner allowed to remain on conditions previously imposed. (Deputy Clerk, LL) (Entered: 10/25/2005)
10/25/200551 Jury Instructions as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth (Deputy Clerk, LL) (Entered: 10/26/2005)
10/25/200552 JURY VERDICT as to Convalescent Transports, Inc. (1) Guilty on Count 1s-192s,194s-215s,217s-227s,229s-335s,337s-347s,348s and Brian Conner (2) Guilty on Count 1s-192s,194s-215s,217s-227s,229s-335s,337s-347s,348s,349s,350s - Ralph Culbreth (3) Not Guilty on Count 1s-192s,194s-215s,217s-227s,229s-335s,337s-347s,348s,349s,350s. (Attachments: # 1 Supplement Pages 25 through 45)Cys. dist.(Deputy Clerk, LL) (Entered: 10/27/2005)
10/25/200553 JUDGMENT OF ACQUITTAL as to Ralph Culbreth (3), Count(s) 193s, 216s, 228s, 336s, Dismissed.; Count(s) 194s-215s, 1s-192s, 217s-227s, 229s-335s, 337s-347s, 348s, 349s, 350s, Acquitted by jury . Signed by Judge Louise Wood Flanagan on 10/25/05. Cys. dist. (Deputy Clerk, LL) (Entered: 10/27/2005)
10/25/2005  ORAL MOTION for Acquittal by Convalescent Transports, Inc., Brian Conner. (Deputy Clerk, LL) (Entered: 10/27/2005)
10/25/2005  ORAL ORDER denying [] Motion for Acquittal as to Convalescent Transports, Inc. (1), Brian Conner (2). Signed by Judge Louise Wood Flanagan on 10/25/05. (Deputy Clerk, LL) (Entered: 10/27/2005)
10/25/2005  Set/Reset Hearings as to Convalescent Transports, Inc., Brian Conner: Sentencing set for 2/21/2006 term before Chief Judge Louise Wood Flanagan. (Deputy Clerk, LL) (Entered: 01/19/2006)
11/01/200554 MOTION for Acquittal and MOTION for New Trial by Convalescent Transports, Inc., Brian Conner. (Deputy Clerk, LR) (Entered: 11/03/2005)
11/01/200555 Memoradum in Support by Convalescent Transports, Inc., Brian Conner re 54 MOTION for Acquittal or in the alternative for new trial. (Deputy Clerk, LR) (Entered: 11/03/2005)
11/10/200556 RESPONSE in Opposition by Convalescent Transports, Inc., Brian Conner re 54 MOTION for Acquittal and for a New Trial (Deputy Clerk, LR) (Entered: 11/15/2005)
11/16/2005  Motion Submission to Chief Judge Flanagan as to Convalescent Transports, Inc., Brian Conner. Re: 54 MOTION for Acquittal, Re: 55 Memo in Support, Re: 56 Govt's response in opposition. (Deputy Clerk, LR) (Entered: 11/16/2005)
11/22/200557 ORDER Appointing Receiver and Enjoining Actions of the Defendants as to Convalescent Transports, Inc., Brian Conner . Court appoints Algernon L. Butler, III as receiver. Signed by Judge Louise Wood Flanagan on 11/17/2005. (Deputy Clerk, LL) (Entered: 11/22/2005)
11/22/2005  Added Algernon L. Butler, III as Receiver as to Convalescent Transports, Inc., Brian Conner: (Deputy Clerk, LL) (Entered: 11/22/2005)
01/09/200658 ORDER denying 54 Motion for Acquittal as to Convalescent Transports, Inc. (1), Brian Conner (2); denying 54 Motion for New Trial as to Convalescent Transports, Inc. (1), Brian Conner (2). Signed by Judge Louise Wood Flanagan on 1/6/06. (Deputy Clerk, LL) (Entered: 01/09/2006)
02/02/200659 NOTICE OF HEARING as to Convalescent Transports, Inc., Brian Conner Sentencing set for 2/24/2006 09:00 AM before Chief Judge Louise Wood Flanagan. (Deputy Clerk, LL) (Entered: 02/02/2006)
02/08/200660  MOTION to Continue sentencing, MOTION to Determine Status of Sale and Proceeds of Sale by Trawick H. Stubbs on behalf of Convalescent Transports, Inc., Brian Conner.(Deputy Clerk, LL) (Entered: 02/08/2006)
02/08/2006  Attorney update in case as to Brian Conner: Attorney Trawick H. Stubbs, Jr. (LIMITED APPEARANCE) for Brian Conner added. (Deputy Clerk, LL) (Entered: 03/07/2006)
02/10/200661 NOTICE OF LIMITED APPEARANCE by Algernon L. Butler, III appearing for Convalescent Transports, Inc. and its Receiver. (Deputy Clerk, TC) (Entered: 02/10/2006)
02/10/200662 RESPONSE to Motion to Continue Sentencing Hearings, MOTION to Determine Status of Sale and Proceeds of Sale filed by Algernon L. Butler III as Receiver for and on behalf of the corporate defendant Convalescent Transports, Inc. re 60 (Deputy Clerk, TC) (Entered: 02/10/2006)
02/10/200663 MOTION to Continue Sentencing Hearing from Feb. 24, 2006 filed by Algernon L. Butler, III as Receiver for and on behalf of the corporate defendant Convalescent Transports, Inc., with consent of opposing counsel. (Deputy Clerk, TC) (Entered: 02/10/2006)
02/10/2006  Attorney update in case as to Convalescent Transports, Inc. - Attorney Algernon L. Butler, III for Convalescent Transports, Inc. and it's Receiver pursuant to Notice of Limited Appearance filed on 2/10/06. (Deputy Clerk, LL) (Entered: 02/14/2006)
02/13/200664 RESPONSE to Motion by USA as to Convalescent Transports, Inc., Brian Conner re 60 MOTION to Continue MOTION Government's Response to Defendant's Motion to Sentencing and to Determine Status of Sale and Proceeds of Sale (Watford-McKinney, Yvonne) (Entered: 02/13/2006)
02/14/2006  Motion Submission as to Convalescent Transports, Inc., Brian Conner re 63 MOTION to Continue, 60 MOTION to Continue MOTION to Determine Status of Sale and Proceeds of Sale (Deputy Clerk, LL) (Entered: 02/14/2006)
02/15/200666 MOTION to Continue Sentencingby USPO as to Convalescent Transports, Inc., Brian Conner. (Deputy Clerk, LL) (Entered: 02/21/2006)
02/17/200667 ORDER finding as moot 60 Motion to Continue as to Convalescent Transports, Inc. (1), Brian Conner (2); finding as moot 63 Motion to Continue as to Convalescent Transports, Inc. (1); granting 66 Motion to Continue filed by USPO as to Convalescent Transports, Inc. (1), Brian Conner (2). The remaining pending motions are referred to USMJ Daniel for M&R with hearing to be held on Tuesday, 2/21/06 @ 11:00 a.m. in Greenville - Sentencing is reset for the court's March 20th term. Signed by Judge Louise Wood Flanagan on 2/17/06. (Deputy Clerk, LL) (Entered: 02/21/2006)
02/17/2006  ORAL ORDER as to Convalescent Transports, Inc., Brian Conner re 67 Order on Motion to Continue - The court resets the hearing before USMJ Daniel for Thursday 2/23/06 @ 1:30 p.m. in Greenville, NC. Signed by Judge Louise Wood Flanagan on 2/17/06. *All parties notified by telephone and fax. (Deputy Clerk, LL) (Entered: 02/21/2006)
02/17/2006  Set/Reset Hearings as to Convalescent Transports, Inc., Brian Conner: Motion Hearing set for 2/23/2006 01:30 PM before USMJ David W. Daniel in Greenville, NC. Sentencing reset for 3/20/2006 term before Chief Judge Louise Wood Flanagan. (Deputy Clerk, LL) (Entered: 02/21/2006)
02/17/2006  MOTIONS as to Convalescent Transports, Inc., Brian Conner REFERRED to Magistrate Judge for M & R: 60 MOTION to Determine Status of Sale and Proceeds of Sale. (Deputy Clerk, LL) (Entered: 02/21/2006)
02/21/200665 NOTICE of Government's Intent To Request An Upward Departure (Watford-McKinney, Yvonne) (Entered: 02/21/2006)
02/23/200668 Document titled: Exhibits in support of Receiver's Memo in Response 62 to Motion 60 to Continue Sentencing Hearing, Motion to Determine Status of Sale & Proceeds of Sale filed by Algernon Butler, Receiver for Convalescent Transports, Inc. (Attachments: #(1) part 2 of document) (Deputy Clerk, SDF) (Entered: 02/24/2006)
02/23/200669 Minute Entry for proceedings held before Judge David W. Daniel in Greenville: Motion Hearing as to Convalescent Transports, Inc., Brian Conner held on 2/23/2006 re 60 MOTION to Determine Status of Sale & Proceeds of Sale filed by Receiver. Motion referred to USMJ Daniel for entry of M&R. Present for defts:George Oliver, for govt: Yvonne Watford-McKinney, Norman Acker, for receiver: Al Butler. Evidence presented by sworn testitmony & through exhibits. Court makes findings on the record & will enter a written M & R. Total hrg time: 4hrs. S. Foell, deputy clerk. (Court Reporter FTR Gold.) (Deputy Clerk, SDF) (Entered: 02/27/2006)
02/23/200670 EXHIBIT LIST re: 60 motion hearing held 2/23/06, as to defendants Convalescent Transports, Inc, Brian Conner. (Deputy Clerk, SDF) (Entered: 02/27/2006)
03/07/200671 MEMORANDUM AND RECOMMENDATIONS as to Convalescent Transports, Inc., Brian Conner re 60 MOTION to Determine Status of Sale - IT IS RECOMMENDED that Stubbs and Perdue should be ALLOWED to enter a limited appearance on behalf of Brian Conner and Conner Corp. but the request to allow Brian Conner to assist with the liquidation of CTI accounts receivable should be DENIED. Objections to M&R due by 3/17/2006. Signed by Judge David W. Daniel on 3/6/06. (Attachments: # 1 Appendix 10 Day Notice to M&R) (Deputy Clerk, LL) Modified on 3/7/2006 to include recommendation language (Deputy Clerk, LL). (Entered: 03/07/2006)
03/07/2006  Proposed Consent Order as to Convalescent Transports, Inc., Brian Conner submitted to Chief Judge Flanagan for consideration. (Deputy Clerk, LL) (Entered: 03/07/2006)
03/08/200672 NOTICE OF HEARING as to Convalescent Transports, Inc., Brian Conner Sentencing set for 3/22/2006 01:30 PM before Chief Judge Louise Wood Flanagan. (Deputy Clerk, LL) (Entered: 03/08/2006)
03/20/200673 CONSENT ORDER REGARDING PROPERTY OF THE CONNER CORPORATION, INC. as to Convalescent Transports, Inc., Brian Conner re 60 MOTION to Determine Status of Sale and Proceeds of Sale filed by Brian Conner. Signed Judge Louise Wood Flanagan on 3/11/06. (Deputy Clerk, LL) (Entered: 03/20/2006)
03/20/200674 ORDER granting in part and denying in part 60 Motion To Determine the Status of Sale and Proceeds of Sale as to Convalescent Transports, Inc. (1), Brian Conner (2); adopting Report and Recommendations re 71 Memorandum and Recommendations as to Convalescent Transports, Inc. (1), Brian Conner (2). The defendant's rquest that the law firm of Stubbs & Perdue be allowed to enter a limited appearance for the sole purpose of presenting this motion is GRANTED; and defendant Brian Conner's request to assist with the liquidation of tha accounts of Convalescent is DENIED. The Court resets sentencing in this matter until Tuesday, May 2, 2006 @ 9:30 a.m. in New Bern. Signed by Judge Louise Wood Flanagan on 3/20/06. (Deputy Clerk, LL) (Entered: 03/20/2006)
03/20/2006  Set/Reset Hearings as to Convalescent Transports, Inc., Brian Conner: Sentencing reset for 5/2/2006 09:30 AM before Chief Judge Louise Wood Flanagan in New Bern. (Deputy Clerk, LL) (Entered: 03/20/2006)
04/24/200675 NOTICE Supplement to Motion for Downward Deviation (Herring, Jonathan) (Entered: 04/24/2006)
05/01/200676 Document as to Convalescent Transports, Inc., Brian Conner filed by Receiver Algernon Butler, III titled: ACCOUNTING OF RECEIVER'S ACTIVITIES AND TRANSACTIONS FOR THE PERIOD NOVEMBER 17, 2005 - APRIL 20, 2006. (Attachments: # 1 Exhibit 1# 2 Exhibit 2) (Deputy Clerk, LL) (Entered: 05/01/2006)
05/02/200680 Minute Entry for proceedings held before Judge Louise Wood Flanagan :Sentencing held on 5/2/2006 for Convalescent Transports, Inc. (1), Brian Conner (2) - Court Reporter Harry Hagopian - Defendants present w/ counsel - Court hears objections & makes rulings - Testimony presented by govt - Court will resume sentencing on 5/3/06. (Deputy Clerk, LL) (Entered: 05/23/2006)
05/03/200681 Minute Entry for proceedings held before Judge Louise Wood Flanagan :Sentencing CONTINUED on 5/23/2006 for Convalescent Transports and Brian Conner - Court continued to hear objections and make rulings; Court denied gvernment's motion for upward departure and denied defendant's motion for downward departure - Judgment: Convalescent Transports, Inc. (1): Count(s) 193s, 216s, 228s, 336s, Dismissed; Count(s) 1s-192s, 194s-215s, 217s-227s, 337s-347s, 348s: 3 yrs. Probation; Restitution $604,342.48 joint & several w/ co-defendant Conner and Kelli Anderson (Anderson's liability capped @ $30,000); SA - $137,600; No Fine; AS TO BRIAN CONNER (2): Count(s) 193s, 216s, 228s, 336s, Dismissed; 120 mos. imprisonment as to counts 1s-192s; 194s-215s; 217s-227s; 229s-335s; 337s-347s to run concurrent and 60 mos. as to Counts 348s-350s to run concurrent but partially consecutive to all other counts for a total term of 151 mos. imprisonment; 3 yrs. supervised release; Spec. Conditions; $34,600 special assessment; Restitution $604,342.48 Joint & several w/ corporation and Kelli Anderson (Anderson's liability capped @ $30,000); Fine - $175,000; (Court Reporter Harry Hagopian) (Deputy Clerk, LL) Modified on 5/23/2006 to reflect correct filing date (Deputy Clerk, LL). (Entered: 05/23/2006)
05/03/200682 JUDGMENT as to Convalescent Transports, Inc. (1): Count(s) 193s, 216s, 228s, 336s, Dismissed; Count(s) 1s-192s, 194s-215s, 217s-227s, 337s-347s, 348s: 3 yrs. Probation; Restitution $604,342.48 joint & several w/ co-defendant Conner and Kelli Anderson (Anderson's liability capped @ $30,000); SA - $137,600; No Fine; Signed by Judge Louise Wood Flanagan on 5/3/06. (Deputy Clerk, LL) (Entered: 05/23/2006)
05/03/200683 JUDGMENT as to Brian Conner (2),Count(s) 193s, 216s, 228s, 336s, Dismissed; 120 mos. imprisonment as to counts 1s-192s; 194s-215s; 217s-227s; 229s-335s; 337s-347s to run concurrent and 60 mos. as to Counts 348s-350s to run concurrent but partially consecutive to all other counts for a total term of 151 mos. imprisonment; 3 yrs. supervised release; Spec. Conditions; $34,600 special assessment; Restitution $604,342.48 Joint & several w/ corporation and Kelli Anderson (Anderson's liability capped @ $30,000); Fine - $175,000; Signed by Judge Louise Wood Flanagan on 5/3/06. (Deputy Clerk, LL) Modified on 3/9/2012: See Amended Judgment (DE #246) entered on 3/9/2012. (Lee, L.). (Entered: 05/23/2006)
05/12/200677 NOTICE OF APPEAL by Convalescent Transports, Inc., Brian Conner Filing fee $ 455. (Wiles, John) (Entered: 05/12/2006)
05/12/2006  USCA Appeal Fees received $ 455, receipt number 26219 as to Convalescent Transports, Inc., Brian Conner re 77 Notice of Appeal - Final Judgment: (Deputy Clerk, LL) (Entered: 06/08/2006)
05/16/200678 ORDER - It is ordered that the offender be discharged from supervision and that the proceedings in the case be terminated as to Jasper Warrick . Signed by Judge Louise Wood Flanagan on 5/14/06. (Deputy Clerk, LL) (Entered: 05/16/2006)
05/16/200679  MOTION Withdraw Notice of Appeal by Convalescent Transports, Inc.. (Wiles, John) (Entered: 05/16/2006)
06/08/200684 Transmission of Notice of Appeal and Docket Sheet as to Convalescent Transports, Inc. to US Court of Appeals re 77 Notice of Appeal - Final Judgment (Deputy Clerk, LL) (Entered: 06/08/2006)
06/08/200685 Transmission of Notice of Appeal and Docket Sheet as to Brian Conner to US Court of Appeals re 77 Notice of Appeal - Final Judgment (Deputy Clerk, LL) (Entered: 06/08/2006)
06/15/200686 TRANSCRIPT REQUEST by Brian Conner (Wiles, John) (Entered: 06/15/2006)
06/19/200688 TRANSCRIPT REQUEST by Brian Conner for Trial dates of: 10/3/05-10/6/05; 10/11/05-10/13/05; 10/17/05-10/20/05; 10/24/05-10/25/05; Sentencing Dates of 5/2/06-5/3/06; Motion Hearing 6/20/05 before Judge Louise W. Flanagan, re 77 Notice of Appeal - Final Judgment - Transcript due by 9/19/2006 - Court Reporter: Harry Hagopian.(Deputy Clerk, LL) (Entered: 07/12/2006)
06/20/200689 Appeal Remark as to Brian Conner re 77 Notice of Appeal - Final Judgment - Letter re: procedures to counsel from 4CCA. (Deputy Clerk, LL) (Entered: 07/12/2006)
07/11/200687 USCA Case Number as to Brian Conner 6-4604 for 77 Notice of Appeal - Final Judgment filed by Brian Conner - Case Manager: Deborah S. Daniel.(Deputy Clerk, LL) (Entered: 07/11/2006)
07/18/200691 AMENDED JUDGMENT as to Brian Conner (2), Count(s) 193s, 216s, 228s, 336s, Dismissed.; Count(s) 194s-215s: 120 mos. as to counts 1-192; 194-215; 217-227; 229-335; 337-347 to run concurrent and 60 mos. as to Counts 348-350 to run concurrent but partially consecutive to all other counts for a total term of 151 mos; 3 yrs. supervised release; $34,600 special assessment; Restitution $604,342.48 Joint & several w/ corporation and Kelli Anderson (Anderson's liability capped @ $30,000); Fine - $175,000 - **Judgment amended to correct clerical error - Original judgment was dated 5/3/2005 (rather than 2006). Signed by Judge Louise Wood Flanagan on 7/18/06. (Deputy Clerk, LL) Modified on 3/9/2012: See Amended Judgment (DE #246) entered on 3/9/2012. (Lee, L.). (Entered: 07/19/2006)
07/19/200690 NOTICE of filing (Attachments: # 1 Text of Proposed Order clerk's notice)(Royster, Joshua) (Entered: 07/19/2006)
07/26/200692 Document as to Brian Conner in re: request for hearing regarding claimed exemptions. Request for hearing form marked - "I do not want a hearing." Copy to Michael D. Brooks, Acting Clerk(Attachments: # 1 Envelope) (Deputy Clerk, JJ) Modified on 7/26/2006 (Deputy Clerk, JJ). Modified to add "Acting" to Clerk. (Entered: 07/26/2006)
07/28/200693 ORDER as to Brian Conner re 92 Notice to Clerk filed by Brian Conner - There being no objections to the claims for exemption by the government, the exemptions are allowed. Signed by Michael D. Brooks, Acting Clerk of Court on 7/28/06. (Deputy Clerk, LL) (Entered: 07/28/2006)
08/24/200694  MOTION to Amend/Correct 57 Order Appointing Receiver and to Establish A Procedure and Bar Date for Creditors to File Claims by Algernon L. Butler, III as to Convalescent Transports, Inc., Brian Conner. (Butler, Algernon) (Entered: 08/24/2006)
08/24/200695 Memoradum in Support by Algernon L. Butler, III as to Convalescent Transports, Inc., Brian Conner re 94 MOTION to Amend/Correct Order Appointing Receiver and to Establish a Procedure and Bar Date for Creditors to File Claims (Butler, Algernon) (Entered: 08/24/2006)
08/29/2006  Motion Submission as to Convalescent Transports, Inc., Brian Conner re 94 MOTION to Amend/Correct (Deputy Clerk - LL, ) (Entered: 08/29/2006)
08/31/200696 NOTICE of Writ of Execution to be issued by Court (Attachments: # 1)(Royster, Joshua) (Entered: 08/31/2006)
08/31/200697 NOTICE OF DEFICIENCY re: 96 Notice as to Application for Writ of Execution. Notice filed without E-signature. Please refile including E-signature. Thank-you. (Deputy Clerk - LKF, ) (Entered: 09/01/2006)
09/05/200698 Amended MOTION for Writ of Execution by USA as to Brian Conner. (Royster, Joshua) (Entered: 09/05/2006)
09/06/200699 WRIT OF EXECUTION as to Brian Conner . Signed by Michael D. Brooks, Acting Clerk of Court on 9/5/06. (Deputy Clerk - LL, ) (Entered: 09/06/2006)
09/06/2006   3 copies of Writ of Execution w/ attachment and Notice of Levy as to Brian Conner sent to USMS @ Raleigh. (Deputy Clerk - LL, ) (Entered: 09/06/2006)
09/06/2006100 ORDER AMENDING ORDER APPOINTING RECEIVER AND ESTABLISHING A PROCEDURE AND BAR DATE FOR CREDITORS TO FILE CLAIMS -granting 94 Motion to Amend/Correct as to Convalescent Transports, Inc. (1), Brian Conner (2). Signed by Judge Louise Wood Flanagan on 9/5/06. (Deputy Clerk - LL, ) (Entered: 09/06/2006)
09/25/2006119 ORDER of USCA (certified copy) as to Convalescent Transports, Inc., Brian Conner re 77 Notice of Appeal - Final Judgment - The court extends the time for the fling of the transcript to 11/20/06. (Deputy Clerk - LL) (Entered: 11/21/2006)
09/28/2006101 AMENDED ORDER re 100 ORDER AMENDING ORDER APPOINTING RECEIVER AND ESTABLISHING A PROCEDURE AND BAR DATE FOR CREDITORS TO FILE CLAIMS as to Convalescent Transports, Inc. This order amends and supercedes the order entered on 9/6/06. Signed by Judge Louise Wood Flanagan on 9/26/06. (Deputy Clerk - LL, ) (Entered: 09/28/2006)
09/28/2006  Algernon Butler, III (Receiver) notified as to DE #101 Amended Order as to Convalescent Transports, Inc., Brian Conner - No elctronic copy sent to Mr. Butler - He advised he would pull order from Pacer. (Deputy Clerk - LL, ) (Entered: 09/28/2006)
10/02/2006102 NOTICE Certificate of Service for Amended Order and Proof of Claim Form re 101 Order, (Butler, Algernon) (Entered: 10/02/2006)
10/04/2006104 Letter from Connie Conner (mother of Brian Conner) as to claim exemptions. (Deputy Clerk - LL, ) (Entered: 10/13/2006)
10/13/2006103  MOTION to Expedite Sale by USA as to Brian Conner. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Royster, Joshua) (Entered: 10/13/2006)
10/19/2006105 NOTICE Certificate of Publication re 100 Order on Motion to Amend/Correct, (Butler, Algernon) (Entered: 10/19/2006)
10/23/2006129 Letter from Clerk to Connie Conner (mother of defendant) in response to her letter of October 1, 2006 (DE #104 filed on 10/4/06) as to Brian Conner. (Deputy Clerk - LL) (Entered: 12/15/2006)
10/27/2006107 USM Return of Service on Notice of Levy executed as to Brian Conner on 9/27/06 re: 1008 Sea Gate Drive, Newport, NC. Building vacant & posted w/ notice & USMS stickers. (Deputy Clerk, LC) (Entered: 10/30/2006)
10/27/2006108 USM Return of Service on Notice of Levy executed as to Brian Conner on 10/3/06 re: 1209 E. U.S. 70 Highway, New Bern, NC. (Deputy Clerk, LC) (Entered: 10/30/2006)
10/27/2006109 USM Return of Service on Notice of Levy executed as to Brian Conner on 9/28/06 re: 1806 North Heritage Street, Kinston, NC (Deputy Clerk, LC) (Entered: 10/30/2006)
10/27/2006110 USM Return of Service on Notice of Levy executed as to Brian Conner on 9/28/06 re: 2139 Rose Vista Road, Kinston, NC (Deputy Clerk, LC) (Entered: 10/30/2006)
10/27/2006111 USM Return of Service on Notice of Levy executed as to Brian Conner on 9/28/06 re: 2760 NC Highway 11, North, Kinston, NC. (Deputy Clerk, LC) (Entered: 10/30/2006)
10/27/2006112 USM Return of Service on Notice of Levy executed as to Brian Conner on 9/28/06 re: 2760 NC Highway 11 North (Lot 2), Kinston, NC. (Deputy Clerk, LC) (Entered: 10/30/2006)
10/27/2006113 USM Return of Service on Notice of Levy executed as to Brian Conner on 9/28/06 re: 3317 Alton Phillips Road, Kinston, NC. (Deputy Clerk, LC) (Entered: 10/30/2006)
10/27/2006114 USM Return of Service on Notice of Levy executed as to Brian Conner on 9/28/06 re: 3347 Alton Phillips Road, Kinston, NC. (Deputy Clerk, LC) (Entered: 10/30/2006)
10/27/2006115 USM Return of Service on Notice of Levy executed as to Brian Conner on 9/28/06 re: 901-903 Parrott Avenue, Kinston, NC. (Deputy Clerk, LC) (Entered: 10/30/2006)
11/07/2006  Motion Submission as to Brian Conner re 103 MOTION to Expedite Sale (Deputy Clerk - LL) (Entered: 11/07/2006)
11/08/2006116 ORDER granting 103 Motion to Expedite Sale as to Brian Conner (2). Signed by Judge Louise Wood Flanagan on 11/7/06. (Deputy Clerk - LL) (Entered: 11/08/2006)
11/09/2006117 NOTICE Accounting of Receiver's Activities and Transactions for the Period 5/1/06 - 10/31/06 (Butler, Algernon) (Entered: 11/09/2006)
11/15/2006118 USM Return of Service on writ, levy and motion executed as to Brian Conner on 10/31/2006 (Deputy Clerk - LKF, ) (Entered: 11/15/2006)
11/21/2006131  MOTION (in letter form) to Stay sale of residence pending appeal by Brian Conner (by Connie Conner, Attorney in Fact) (Deputy Clerk - LL) (Entered: 12/15/2006)
12/01/2006120 Return of Service by USMS re: NOTICE of Sale on 11/20/06 as to Brian Connor. (Deputy Clerk - LKF, ) (Entered: 12/01/2006)
12/01/2006121 Return of Service by USMS re: NOTICE of sale on 11/20/06 re: 1008 Sea Gate Drive, Newport, NC. (Deputy Clerk - LKF, ) (Entered: 12/01/2006)
12/01/2006122 Return of Service by USMS re: NOTICE of sale on 11/16/2006 of Property Located at 1209 East U.S. Highway 70, New Bern, NC. (Deputy Clerk - LKF, ) (Entered: 12/01/2006)
12/01/2006123 Return of Service by USMS re: NOTICE of sale on 11/20/2006 of Lenoir County properties under levy. (Deputy Clerk - LKF, ) (Entered: 12/01/2006)
12/01/2006124 Return of Service by USMS re:NOTICE of sale on 11/21/06. Posted Notice of Sale at Craven County Courthouse. (Deputy Clerk - LKF, ) (Entered: 12/01/2006)
12/01/2006125 Return of Service by USM re Re: Notice of Sale on 11/20/06 as to Lenoir County properties under levy. (Deputy Clerk - LC, ) (Entered: 12/01/2006)
12/07/2006126 Certificate of Service by USA as to Brian Conner (Attachments: # 1 Certificate of Service)(Royster, Joshua) (Entered: 12/07/2006)
12/12/2006127 ORDER as to Convalescent Transports, Inc., Brian Conner - The court ORDERS that within ten (10) days of entry of this order, receiver shall submit to the court copies of all accountings transmitted at any time during the receivership to the Office of the US Attorney or defendants, regarding compensation and reimbursement for the receiver and the law firm of Butler & Butler, LLP. Signed by Judge Louise Wood Flanagan on 12/12/06. (Deputy Clerk - LL) (Entered: 12/12/2006)
12/13/2006128 NOTICE Receiver's Report in Response to Order of December 12, 2006 re 127 Order, (Attachments: # 1 Exhibits D through F)(Butler, Algernon) (Entered: 12/13/2006)
12/14/2006  NOTICE OF DEFICIENCY by Convalescent Transports, Inc., Brian Conner, Ralph Culbreth, Jasper Warrick re: 128 Notice (Other). In the future, when filing the certificate of service, please make sure that it is dated and signed. Thank you. (Deputy Clerk - DR, ) (Entered: 12/14/2006)
12/14/2006  Submitted #128 Receiver's Report in Response to Order of December 12, 2006 re 127 Order to Chief Judge Flanagan as to Convalescent Transports, Inc., Brian Conner. (Deputy Clerk - LL) (Entered: 12/14/2006)
12/15/2006130 Certificate of Service by Algernon L. Butler, III as to Convalescent Transports, Inc., Brian Conner re 128 Notice (Other), Notice of Deficiency, (Butler, Algernon) (Entered: 12/15/2006)
01/04/2007132 RESPONSE to Motion by USA as to Convalescent Transports, Inc., Brian Conner re 131 MOTION to Stay (Royster, Joshua) (Entered: 01/04/2007)
01/05/2007  Motion Submission as to Brian Conner re 131 MOTION to Stay. (Deputy Clerk - LL) (Entered: 01/05/2007)
01/11/2007135 REPLY TO RESPONSE (in letter form by Connie Conner) to Motion by Brian Conner re 131 MOTION to Stay (Deputy Clerk - LL). (Entered: 01/30/2007)
01/17/2007133 ORDER as to Convalescent Transports, Inc., Brian Conner AMENDING 57 Order Appointing Receiver - Next accounting for compensation & reimbursement shall be filed no later than ten (10) days from date of entry of this order. Signed by Judge Louise Wood Flanagan on 1/10/07. (Deputy Clerk - LL) (Entered: 01/17/2007)
01/19/2007134 APPLICATION Accounting and Request For Compensation and Reimbursement of Receiver and Butler & Butler, LLP by Algernon L. Butler, III as to Convalescent Transports, Inc., Brian Conner (Butler, Algernon) (Entered: 01/19/2007)
02/01/2007136 ORDER denying as moot 131 Motion to Stay as to Brian Conner (2). Signed by Judge Louise Wood Flanagan on 1/30/07. (Deputy Clerk - LL) (Entered: 02/01/2007)
02/06/2007138 USM Return of Service on Marshal Sale executed as to Brian Conner on 12/18/2006. (Deputy Clerk - JA, ) (Entered: 02/06/2007)
02/06/2007139 USM Return of Service on Marshall Sale executed as to Brian Conner on 12/19/2006. (Deputy Clerk - JA, ) (Entered: 02/06/2007)
03/08/2007  TRANSCRIPT of Proceedings as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth before Judge Louise W. Flanagan. Vol 1. - Transcript of Hearing on Motions & Arraignment on 6/20/05; Court Reporter: Harry Hagopian. (Deputy Clerk - DR, ) (Entered: 03/09/2007)
03/08/2007  TRANSCRIPT of Trial - Day 1 - Vol 2 as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth held on 10/3/2005 before Judge Louise W. Flanagan. Court Reporter: Harry Hagopian. (Deputy Clerk - DR, ) (Entered: 03/09/2007)
03/08/2007  TRANSCRIPT of Trial - Day 2 - Vol 3 as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth held on 10/4/2005 before Judge Louise W. Flanagan. Court Reporter: Harry Hagopian. (Deputy Clerk - DR, ) (Entered: 03/09/2007)
03/08/2007  TRANSCRIPT of Trial - Day 3 - Vol 4 as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth held on 10/5/2005 before Judge Louise W. Flanagan. Court Reporter: Harry Hagopian. (Deputy Clerk - DR, ) (Entered: 03/09/2007)
03/15/2007140 USM Return of Service as to Brian Conner on 2/28/2007. (Deputy Clerk - JA, ) (Entered: 03/15/2007)
03/15/2007  TRANSCRIPT of Trial - Day 4 - Vol 5 as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth held on October 6, 2005 before Judge Louise W. Flanagan, Chief Judge in New Bern, NC re 77 Notice of Appeal - Final Judgment Court Reporter: Harry Hagopian. (Deputy Clerk - LL) (Entered: 03/16/2007)
03/15/2007  TRANSCRIPT of Trial - Day 5 - Vol. 6 as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth for October 11, 2005 before Judge Louise W. Flanagan, Chief Judge in New Bern, NC re 77 Notice of Appeal - Final Judgment Court Reporter: Harry Hagopian. (Deputy Clerk - LL) (Entered: 03/16/2007)
03/19/2007141 REQUEST for Compensation and Reimbursement of Receiver and Butler & Butler, LLP by Algernon L. Butler, III as to Convalescent Transports, Inc., Brian Conner (Butler, Algernon) (Entered: 03/19/2007)
03/20/2007  TRANSCRIPT of Trial - Day 6 - Vol 7 as to Convalescent Transports, Inc., Brian Conner held on 10/12/2005 before Judge Louise W. Flanagan. Court Reporter: Harry Hagopian. (Deputy Clerk - DR, ) (Entered: 03/20/2007)
03/23/2007  TRANSCRIPT of TRIAL - Day 7 - Vol. 8 filed as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth for October 13, 2005 before Chief Judge Louise W. Flanagan in New Bern, NC re 77 Notice of Appeal - Final Judgment - Court Reporter: Harry Hagopian. (Deputy Clerk - LL) (Entered: 03/27/2007)
03/26/2007142  MOTION by Lenoir County Tax Department To Allow Priority Tax Claim and Incorporated Memorandum Of Law as to Convalescent Transports, Inc., Brian Conner. (Haidt, David) Modified on 3/27/2007 to remove "filed by USA" (Deputy Clerk - LL). (Entered: 03/26/2007)
03/27/2007144 NOTICE Of Attorney Appearance For Lenoir County Tax Department (Haidt, David) (Entered: 03/27/2007)
03/27/2007145 RESPONSE to Motion by Algernon L. Butler, III as to Convalescent Transports, Inc., Brian Conner re 142 MOTION Motion by Lenoir County Tax Department To Allow Priority Tax Claim and Incorporated Memorandum Of Law (Butler, Algernon) (Entered: 03/27/2007)
03/28/2007  TRANSCRIPT of TRIAL - Day 8 - Vol. 9 - filed as to Convalescent Transports, Inc., Brian Conner for 10/17/2005 before Judge Chief Judge Louise W. Flanagan in New Bern, NC re 77 Notice of Appeal - Final Judgment Court Reporter: Harry Hagopian. (Deputy Clerk - LL) (Entered: 03/29/2007)
03/28/2007  TRANSCRIPT OF TRIAL - Day 9 - Vol. 10 filed as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth for 10/18/2005 before Chief Judge Louise W. Flanagan in New Bern, NC re 77 Notice of Appeal - Final Judgment Court Reporter: Harry Hagopian. (Deputy Clerk - LL) (Entered: 03/29/2007)
04/03/2007  TRANSCRIPT OR TRIAL - Day 10 - Vol. 11 filed as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth for dates of October 19, 2005 before Judge Louise W. Flanagan, re 77 Notice of Appeal - Final Judgment Court Reporter: Harry Hagopian. (Deputy Clerk - LL) (Entered: 04/04/2007)
04/04/2007  Motion Submission as to Convalescent Transports, Inc., Brian Conner re 142 MOTION Motion by Lenoir County Tax Department To Allow Priority Tax Claim and Incorporated Memorandum Of Law (Deputy Clerk - LL) (Entered: 04/04/2007)
04/04/2007147 ORDER granting 142 Motion to Allow Priority Tax Claim of Lenoir Co. Tax Department as to Convalescent Transports, Inc. (1), Brian Conner (2). Signed by Judge Louise Wood Flanagan on 4/4/07. (Deputy Clerk - LL) (Entered: 04/04/2007)
04/04/2007  TRANSCRIPT OF TRIAL - Day 11 - Vol. 12 filed as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth for October 20, 2005 before Judge Chief Judge Louise Flanagan in New Bern, NC re 77 Notice of Appeal - Final Judgment Court Reporter: Harry Hagopian. (Deputy Clerk - LL) (Entered: 04/04/2007)
04/13/2007  TRANSCRIPT OF TRIAL - Day 12 - Vol. 13 filed as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth for dates of 10/24/2005 before Judge Louise W. Flanagan in New Bern, NC re 77 Notice of Appeal - Final Judgment Court Reporter: Harry Hagopian. (Deputy Clerk - DR, ) (Entered: 04/13/2007)
04/13/2007  TRANSCRIPT OF TRIAL - Day 13 - Vol. 14 as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth for dates of 10/25/2005 before Judge Louise W. Flanagan in New Bern, NC re 77 Notice of Appeal - Final Judgment Court Reporter: Harry Hagopian. (Deputy Clerk - DR, ) (Entered: 04/13/2007)
04/26/2007  TRANSCRIPT filed as to Convalescent Transports, Inc. & Brian Conner for Day 1 of Sentencing held on May 2, 2006 in New Bern, NC before Chief Judge Louise Flanagan re 77 Notice of Appeal - Final Judgment Court Reporter: Harry Hagopian. (Deputy Clerk - LL) (Entered: 04/27/2007)
05/03/2007  TRANSCRIPT filed as to Convalescent Transports, Inc., Brian Conner for Day 2 of Sentencing Proceedings on May 3, 2006 before Chief Judge Flanagan in New Bern re 77 Notice of Appeal - Final Judgment Court Reporter: Harry Hagopian. (Deputy Clerk - LL) (Entered: 05/08/2007)
05/08/2007148 STATUS REPORT Accounting of Receiver's Activities and Transactions for the Period 10/1/ 2006 through 4/30/2007 by Algernon L. Butler, III as to Convalescent Transports, Inc. (Butler, Algernon) (Entered: 05/08/2007)
05/09/2007149 CERTIFICATE OF RECORD Transmitted to USCA as to Convalescent Transports, Inc., Brian Conner re 77 Notice of Appeal - Final Judgment 4CCA# 6-4604, Case Manager Deborah S. Daniels. (Attachments: # 1 transmittal)(Deputy Clerk - LKF, ) (Entered: 05/09/2007)
05/18/2007151 REQUEST for Compensation and Reimbursement of Receiver and Butler & Butler, LLP and Accounting by Algernon L. Butler, III as to Convalescent Transports, Inc., Brian Conner (Butler, Algernon) (Entered: 05/18/2007)
07/12/2007152 REQUEST for Compensation and Reimbursement of Receiver and Butler & Butler, LLP and Accounting by Algernon L. Butler, III as to Convalescent Transports, Inc., Brian Conner (Butler, Algernon) (Entered: 07/12/2007)
08/09/2007154 ORDER granting 79 Motion to Withdraw Notice of Appeal for Convalescent Transports, Inc. (only) as to Convalescent Transports, Inc. (1). Signed by Judge Louise Wood Flanagan on 8/8/07. (Deputy Clerk - LL) (Entered: 08/09/2007)
09/07/2007155 REQUEST AND ACCOUNTING FOR COMPENSATION AND REIMBURSEMENT OF RECEIVER AND BUTLER & BUTLER, LLP by Algernon L. Butler, III as to Convalescent Transports, Inc. (Butler, Algernon) (Entered: 09/07/2007)
11/02/2007156 REQUEST for Compensation and Reimbursement of Receiver and Butler & Butler by Algernon L. Butler, III as to Convalescent Transports, Inc. (Butler, Algernon) (Entered: 11/02/2007)
11/02/2007  Cy of DE#156 forwarded to Chief Judge Flanagan for review as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth, Jasper Warrick: (Deputy Clerk - BL, ) (Entered: 11/02/2007)
11/06/2007157  MOTION for Extension of Time Receivership until November 17, 2008. (Attachments: # 1 Text of Proposed Order Proposed Order) (Butler, Algernon) (Entered: 11/06/2007)
11/07/2007  Motion Submission as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth, Jasper Warrick re 157 MOTION for Extension of Time Receivership until November 17, 2008 submitted to Chief Judge Flanagan for consideration. (Deputy Clerk - DR, ) (Entered: 11/07/2007)
11/08/2007  MOTIONS as to Convalescent Transports, Inc. REFERRED to Magistrate Judge: 157 MOTION for Extension of Time Receivership until November 17, 2008 Motions referred to David W. Daniel. (Deputy Clerk - DR, ) (Entered: 11/08/2007)
11/08/2007158 ORDER as to Convalescent Transports, Inc., Brian Conner: Motion Hearing set for 11/15/2007 02:00 PM in Greenville Annex - Courtroom before USMJ David W. Daniel.Signed by Judge David W. Daniel on 11/8/2007. Cys served electronically. (Deputy Clerk - DR, ) (Entered: 11/08/2007)
11/09/2007159 STATUS REPORT Accounting of Receiver's Activities and Transactions for the Period 5/1/07 through 10/31/07 by Algernon L. Butler, III as to Convalescent Transports, Inc. (Butler, Algernon) (Entered: 11/09/2007)
11/14/2007160 ORDER as to Convalescent Transports, Inc., Brian Conner - TIME CHANGE for Motion Hearing set for 11/15/2007 in Greenville Annex - Courtroom before USMJ David W. Daniel - The hearing will be held at 11:00 a.m. rather than 2:00 p.m. as originally noticed. Signed by Judge David W. Daniel on 11/14/07. (Deputy Clerk - LL) (Entered: 11/14/2007)
11/15/2007161 Minute Entry for proceedings held before Judge David W. Daniel in Greenville: Motion Hearing 157 on Receiver's Motion to Extend Receivership as to Convalescent Transports, Inc., Brian Conner held on 11/15/2007. Court takes matter under advisement. Written memorandum & recommendation to follow. (Court Reporter - Sharon Kroeger) (Deputy Clerk - SDF, ) (Entered: 11/15/2007)
11/15/2007  Terminate 11/15/2007, Hearing as to Convalescent Transports, Inc., Brian Conner. (hearing held on motion) (Deputy Clerk - SDF, ) (Entered: 11/15/2007)
11/19/2007162 MEMORANDUM AND RECOMMENDATIONS as to Convalescent Transports, Inc., Brian Conner re 157 MOTION for Extension of Time Receivership. Objections to M&R due by 12/8/2007. Signed by Judge David W. Daniel on 11/19/07. (Attachments: # 110 day notice). (Deputy Clerk - LL) (Entered: 11/19/2007)
11/27/2007163 RESPONSE in Opposition by Algernon L. Butler, III as to Convalescent Transports, Inc. re 162 REPORT AND RECOMMENDATIONS as to Convalescent Transports, Inc., Brian Conner re 157 MOTION for Extension of Time Receivership until November 17, 2008REPORT AND RECOMMENDATIONS as to Convalescent Transports, Inc., Brian Conner re 157 MOTION for Extension of Time Receivership until November 17, 2008REPORT AND RECOMMENDATIONS as to Convalescent Transports, Inc., Brian Conner re 157 MOTION for Extension of Time Receivership until November 17, 2008REPORT AND RECOMMENDATIONS as to Convalescent Transports, Inc., Brian Conner re 157 MOTION for Extension of Time Receivership until November 17, 2008 Objections to Memorandum and Recommendation of November 19, 2007 (Butler, Algernon) (Entered: 11/27/2007)
11/30/2007164 OBJECTION TO MEMORANDUM AND RECOMMENDATIONS 162 by Algernon L. Butler, III as to Convalescent Transports, Inc. Reply to Letter of Connie Conner Regarding Ojbections to Memorandum and Recommendation of November 19, 2007 (Butler, Algernon) (Entered: 11/30/2007)
12/17/2007  Motion Submission as to Convalescent Transports, Inc., Brian Conner re 157 MOTION for Extension of Time Receivership until November 17, 2008 and 162 REPORT AND RECOMMENDATIONS as to Convalescent Transports, Inc., Brian Conner. (Deputy Clerk - LL) (Entered: 12/17/2007)
01/07/2008166 ORDER as to Convalescent Transports, Inc., Brian Conner - The court recommits the submissions relating to the M&R to the magistrate judge with instruction to review the objections and other matters of record, and then, upon further consideration, file a supplement to the memorandum and recommendation which addresses the impact if any on the magistrate judge's earlier recommendation that the receivership not be extended beyond May 19,2008, of the matters newly presented. Signed by Judge Chief Judge Louise Wood Flanagan on 1/4/08. (Deputy Clerk - LL, ) (Entered: 01/07/2008)
01/07/2008167 REQUEST for Compensation and Reimbursement of Receiver and Butler & Butler, LLP by Algernon L. Butler, III as to Convalescent Transports, Inc. (Butler, Algernon) (Entered: 01/07/2008)
01/15/2008168 ORDER on Request for Compensation and Reimbursement of Receiver as to Convalescent Transports, Inc., Brian Conner - Court will allow payment in the amount of $4,561.59. Signed by Judge Chief Judge Louise Wood Flanagan on 1/14/08. (Deputy Clerk - LL) (Entered: 01/15/2008)
01/18/2008169 NOTICE of Supplement to Motion To Extend Receivership of Convalescent Transports, Inc. re 157 MOTION for Extension of Time Receivership until November 17, 2008 (Butler, Algernon) (Entered: 01/18/2008)
01/24/2008170 RESPONSE to Motion by USA as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth, Jasper Warrick re 157 MOTION for Extension of Time Receivership until November 17, 2008 (Fowler, Neal) (Entered: 01/24/2008)
01/25/2008171 Unpublished Opinion from Fourth Circuit Court of Appeals as to Convalescent Transports, Inc., Brian Conner re 77 Notice of Appeal - Final Judgment- AFFIRMED Before Michael, and Traxler, Circuit Judges, and James P. Jones, Chief United States District Judge for the Western district of Virginia, sitting by designation. (Deputy Clerk - LKF, ) (Entered: 01/29/2008)
01/25/2008172 JUDGMENT of USCA (certified copy) as to Convalescent Transports, Inc., Brian Conner re 77 Notice of Appeal - Final Judgment- The judgment of the District Court is AFFIRMED. (06-4604)(P.S.Connor) (Deputy Clerk - LKF, ) (Entered: 01/29/2008)
01/28/2008  Motion Submission as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth, Jasper Warrick re 157 MOTION for Extension of Time Receivership until November 17, 2008 submitted to Chief Judge Flanagan for consideration. (Deputy Clerk - DR, ) (Entered: 01/28/2008)
01/31/2008173 AMENDED MEMORANDUM AND RECOMMENDATIONS as to Convalescent Transports, Inc., Brian Conner re 162 REPORT AND RECOMMENDATIONS as to Convalescent Transports, Inc., Brian Conner re 157 MOTION for Extension of Time Receivership until November 17, 2008 - The original Memorandum and Recommendation [DE-162] is revised to RECOMMEND extension of the receivership through November 17, 2008. Signed by Judge USMJ David W. Daniel on 1/31/08. (Deputy Clerk - LL, ) (Entered: 01/31/2008)
02/11/2008174 OBJECTION TO MEMORANDUM AND RECOMMENDATIONS 173 by Connie C. Conner Attorney-In-Fact for Brian Conner as to Convalescent Transports, Inc. (Attachments: # 1 Exhibit) (Deputy Clerk - JA, ) (Entered: 02/11/2008)
02/11/2008175 OBJECTION TO MEMORANDUM AND RECOMMENDATIONS 173 by Connie C. Conner Attorney-In-Fact as to Brian Conner (Attachments: # 1 Exhibit) (Deputy Clerk - JA, ) (Entered: 02/11/2008)
02/19/2008176 MANDATE of USCA (certified copy) as to Brian Conner re 149 Certificate of Record, Transcript - Appeal, 89 Appeal Remark, Transcript - Appeal, 85 Transmission of Notice of Appeal and Docket Sheet to USCA, Transcript - Appeal, 86 Transcript Request - Appeal, Transcript - Appeal, USCA Appeal Fees, Transcript - Appeal, 119 USCA Order, 88 Transcript Request - Appeal, 172 USCA Judgment, 171 Opinion from USCA, 77 Notice of Appeal - Final Judgment, Transcript - Appeal, Transcript - Appeal, 87 USCA Case Number, Transcript - Appeal, Transcript - Appeal, Transcript - Appeal, Transcript - Appeal,(06-4604)(P.S.Connor) (Deputy Clerk - LKF, ) (Entered: 02/20/2008)
03/03/2008178 ORDER granting 157 MOTION for Extension of Time Receivership until November 17, 2008 as to Convalescent Transports, Inc. (1); Adopting Report and Recommendations re 173 AMENDED Memorandum and Recommendations as to Convalescent Transports, Inc. (1), Brian Conner (2). Signed by Chief Judge Louise Wood Flanagan on 3/3/08. (Deputy Clerk - LL) (Entered: 03/03/2008)
03/04/2008180 Amended Judgment Returned Executed as to Brian Conner on 10/13/06. (Deputy Clerk - JJ, ) (Entered: 03/04/2008)
03/07/2008181 REQUEST for Compensation and Reimbursement of Receiver and Butler & Butler, LLP by Algernon L. Butler, III as to Convalescent Transports, Inc. (Butler, Algernon) (Entered: 03/07/2008)
04/10/2008182 STATUS REPORT Receiver's Report on Claims, and Motion to Approve Method of Final Distribution and Procedure for Termination of Receivership by Algernon L. Butler, III as to Convalescent Transports, Inc., Brian Conner (Butler, Algernon) Modified on 7/11/2008 (Deputy Clerk - DR, ). (Entered: 04/10/2008)
04/30/2008183  MOTION Receiver's Motion to Approve Method of Preservation and Destruction of Records by Algernon L. Butler, III as to Convalescent Transports, Inc., Brian Conner. (Attachments: # 1 Text of Proposed Order) (Butler, Algernon) (Entered: 04/30/2008)
05/01/2008  Motion Submission as to Convalescent Transports, Inc., Brian Conner, Ralph Culbreth, Jasper Warrick re 183 MOTION Receiver's Motion to Approve Method of Preservation and Destruction of Records submitted to Chief Judge Flanagan for consideration. (Deputy Clerk - DR, ) (Entered: 05/01/2008)
05/06/2008184 STATUS REPORT Accounting of Receiver's Activities and Transactions for the Period 11/1/07 through 4/30/08 by Algernon L. Butler, III as to Convalescent Transports, Inc., Brian Conner (Butler, Algernon) (Entered: 05/06/2008)
05/06/2008185 REQUEST for Compensation and Reimbursement of Receiver and Butler & Butler, LLP by Algernon L. Butler, III as to Convalescent Transports, Inc., Brian Conner (Butler, Algernon) (Entered: 05/06/2008)
05/07/2008  MOTIONS as to Convalescent Transports, Inc., Brian Conner REFERRED to Magistrate Judge: 183 MOTION Receiver's Motion to Approve Method of Preservation and Destruction of Records Motions referred to David W. Daniel. (Deputy Clerk - DR, ) (Entered: 05/07/2008)
05/21/2008186 ORDER granting 183 Motion Approving Method of Preservation & Destruction of Records as to Convalescent Transports, Inc. (1), Brian Conner (2). Signed by USMJ David W. Daniel on 5/21/2008. cys served electronically. (Deputy Clerk - DR, ) (Entered: 05/21/2008)
05/22/2008187 RESPONSE to Motion by Brian Conner re 183 MOTION Receiver's Motion to Approve Method of Preservation and Destruction of Records (Attachments: # 1 Text of Proposed Order) (Deputy Clerk - JJ, ) (Additional attachment(s) added on 5/22/2008: # 2 Envelope) (Deputy Clerk - JJ, ). (Entered: 05/22/2008)
06/03/2008188 ORDER FOR DESTRUCTION OF SEIZED PROPERTY as to Brian Conner. Signed by Chief Judge Louise Wood Flanagan on 6/1/2008. Cys served electronically. (Deputy Clerk - DR, ) (Entered: 06/03/2008)
07/07/2008189 REQUEST for Compensation and Reimbursement of Receiver and Butler & Butler, LLP by Algernon L. Butler, III as to Convalescent Transports, Inc., Brian Conner (Butler, Algernon) (Entered: 07/07/2008)
07/11/2008190 MEMORANDUM AND RECOMMENDATIONS as to Convalescent Transports, Inc., Brian Conner re 182 MOTION to Approve Method of Final Distribution and Procedure for Termination of Receivership. Signed by USMJ David W. Daniel on 7/9/2008. Cys served electronically. (Attachments: # 1 M&R Notice) (Deputy Clerk - DR, ) (Entered: 07/11/2008)
07/30/2008  Motion Submission as to Convalescent Transports, Inc., Brian Conner re 190 MEMORANDUM AND RECOMMENDATIONS as to Convalescent Transports, Inc., Brian Conner re 182 MOTION MEMORANDUM AND RECOMMENDATIONS as to Convalescent Transports, Inc. submitted to Chief Judge Flanagan for consideration. (Deputy Clerk - DR, ) (Entered: 07/30/2008)
08/12/2008191 ORDER granting 182 Motion as to Convalescent Transports, Inc. (1), Brian Conner (2); adopting Report and Recommendations re 190 Memorandum and Recommendations as to Convalescent Transports, Inc. (1), Brian Conner (2). The court hereby ADOPTS the recommendation of Magistrate Judge Daniel as its own, and the receiver's motion is GRANTED, with the exception that the receiver serve the proposed final report and motion to terminate receivership on all claimants. Signed by Chief Judge Louise Wood Flanagan on 08/11/2008. Cys served. (Deputy Clerk - DR, ) (Entered: 08/12/2008)
09/05/2008192 REQUEST for Compensation and Reimbursement of Receiver and Butler & Butler, LLP by Algernon L. Butler, III as to Convalescent Transports, Inc., Brian Conner (Butler, Algernon) (Entered: 09/05/2008)
09/05/2008193  MOTION Receiver's Proposed Final Report and Motion for Approval of Final Report and to Terminate Receivership by Algernon L. Butler, III as to Convalescent Transports, Inc., Brian Conner. (Butler, Algernon) (Entered: 09/05/2008)
09/08/2008  Motion Submission as to Convalescent Transports, Inc., Brian Conner re 193 MOTION Receiver's Proposed Final Report and Motion for Approval of Final Report and to Terminate Receivership & Request for Compensation submitted to Chief Judge Flanagan for consideration. (Rudd, D.) (Entered: 09/08/2008)
09/15/2008194 ORDER granting 193 Motion approving final distribution and terminating receivership as to Convalescent Transports, Inc. (1), Brian Conner (2). Signed by Chief Judge Louise Wood Flanagan on 9/12/2008. Cys served electronically (Rudd, D.) (Entered: 09/15/2008)
09/19/2008195 STATUS REPORT Report of Final Distribution Terminating Receivership by Algernon L. Butler, III as to Convalescent Transports, Inc., Brian Conner (Butler, Algernon) (Entered: 09/19/2008)
06/02/2009196  MOTION to Vacate under 28 U.S.C. 2255 by Brian Conner. (Attachments: # 1 Affidavit of Keith A. Williams, # 2 Affidavit of Joseph B. Cheshire, V, # 3 Affidavit of Will Yancey, Ph.D.) (Currin, George)
Civil case 4:09-cv-96 opened. (Entered: 06/02/2009)
06/03/2009  NOTICE OF DEFICIENCY by Brian Conner re: 196 Motion to Vacate (2255). The document must be signed and filed by the same attorney. Please see CM/ECF Policy Manual Rule C(2) and J(1). Attorney needs to refile the document. Thank you. (Indig, A.) (Entered: 06/03/2009)
06/03/2009197  MOTION to Vacate under 28 U.S.C. 2255 by Brian Conner. (Attachments: # 1 Affidavit of Keith A. Williams, # 2 Affidavit of Joseph B. Cheshire, # 3 Affidavit of Will Yancey, Ph.D.) (Widenhouse, Jr., M.) (Entered: 06/03/2009)
06/03/2009  Motion Submission as to Brian Conner re 197 MOTION to Vacate under 28 U.S.C. 2255 (Indig, A.) (Entered: 06/03/2009)
06/08/2009198 NOTICE OF ATTORNEY APPEARANCE R. A. Renfer, Jr appearing for USA. (as to Brian Conner) (Renfer, R.) (Entered: 06/08/2009)
06/12/2009199 ORDER as to Brian Conner re 197 MOTION to Vacate under 28 U.S.C. 2255 DIRECTING the US Attorney to respond within 40 days. Signed by Chief Judge Louise Wood Flanagan on 6/12/2009. (Indig, A.) (Entered: 06/12/2009)
07/20/2009200  MOTION for Extension of Time to File Response/Reply by USA as to Brian Conner. (Attachments: # 1 Text of Proposed Order To Extend Time to Respond) (Gray, Edward) (Entered: 07/20/2009)
07/22/2009201 ORDER granting 200 Motion for Extension of Time to File Response/Reply as to Brian Conner (2). Respondent's response due by 8/21/2009. Signed by Clerk of Court on 7/22/2009. (Indig, A.) (Entered: 07/22/2009)
07/23/2009202 NOTICE OF ATTORNEY APPEARANCE Edward D. Gray appearing for USA and Substitution. (Gray, Edward) Modified on 7/24/2009 to add US Attorney to the docket sheet. (Fogle, L.). (Entered: 07/23/2009)
07/24/2009  NOTICE OF CORRECTION by USA as to Brian Conner re: 202 Notice of Attorney Appearance - USA - When filing the notice of appearance in this case the attorney failed to add himself to the face of the docket sheet. The clerk has made the necessary addition to the docket. (Fogle, L.) (Entered: 07/24/2009)
07/24/2009203 Notice of Substitution of Counsel Edward D. Gray appearing for USA, as to Brian Conner. (Gray, Edward) (Entered: 07/24/2009)
08/21/2009204  MOTION for Extension of Time to File Response/Reply by USA as to Brian Conner. (Attachments: # 1 Text of Proposed Order) (Gray, Edward) (Entered: 08/21/2009)
08/24/2009205 ORDER granting 204 Motion for Extension of Time to File Response/Reply as to Brian Conner (2). Government's response due by 9/21/2009. Signed by Clerk of Court on 8/24/2009. (Indig, A.) (Entered: 08/24/2009)
09/21/2009206  MOTION to Dismiss or in the Alternative, MOTION for Summary Judgment by USA as to Brian Conner. (Gray, Edward) (Entered: 09/21/2009)
09/21/2009207 Memorandum in Support by USA as to Brian Conner re 206 MOTION to Dismiss or in the Alternative MOTION for Summary Judgment (Attachments: # 1 Exhibit 1-Affidavit of Trial Counsel-C.Kelly) (Gray, Edward) (Entered: 09/21/2009)
10/05/2009208  MOTION for Extension of Time to File Response/Reply by Brian Conner. (Attachments: # 1 Text of Proposed Order proposed order extending time) (Widenhouse, Jr., M.) (Entered: 10/05/2009)
10/06/2009209  MOTION for Extension of Time to File Response/Reply by Brian Conner. (Attachments: # 1 Text of Proposed Order Proposed order) (Widenhouse, Jr., M.) (Entered: 10/06/2009)
10/06/2009210 ORDER granting 209 Motion for Extension of Time to File Response/Reply as to Brian Conner (2). Petitioner shall have up to and including 11/11/2009 to respond to the motion to dismiss and for summary judgment. Signed by Clerk of Court on 10/6/2009. (Indig, A.) (Entered: 10/06/2009)
11/09/2009211  MOTION for Extension of Time to File Response/Reply as to 206 MOTION to Dismiss or in the Alternative MOTION for Summary Judgment by Brian Conner. (Attachments: # 1 Text of Proposed Order) (Widenhouse, Jr., M.) (Entered: 11/09/2009)
11/10/2009212 ORDER granting 211 Motion for Extension of Time to File Response/Reply as to Brian Conner (2). Petitioner's response to government's motion to dismiss or for summary judgment due by 12/11/2009. Signed by Clerk of Court on 11/9/2009. (Indig, A.) (Entered: 11/10/2009)
12/11/2009213 Memorandum in Opposition by Brian Conner re 206 MOTION to Dismiss or in the Alternative MOTION for Summary Judgment (Attachments: # 1 Exhibit Fourth Circuit Opinion) (Widenhouse, Jr., M.) (Entered: 12/11/2009)
12/17/2009  Motion Submission as to Brian Conner re 197 MOTION to Vacate under 28 U.S.C. 2255, 206 MOTION to Dismiss or in the Alternative MOTION for Summary Judgment (Indig, A.) (Entered: 12/17/2009)
03/08/2010  MOTIONS as to Brian Conner REFERRED to Magistrate Judge re: 206 MOTION to Dismiss or in the Alternative MOTION for Summary Judgment. Motions referred to William A. Webb. (Indig, A.) (Entered: 03/08/2010)
03/23/2010214 MEMORANDUM AND RECOMMENDATIONS as to Brian Conner re 206 MOTION to Dismiss or in the Alternative MOTION for Summary Judgment it is HEREBY RECOMMENDED that the Motion be GRANTED IN PART AND DENIED IN PART. It is further RECOMMENDED that a hearing be conducted on Petitioners remaining claims. Objections to M&R due by 4/6/2010. Signed by USMJ William A. Webb on 3/23/2010. (Shannon, K.) (Entered: 03/23/2010)
04/06/2010215 OBJECTION TO MEMORANDUM AND RECOMMENDATIONS 214 by Brian Conner. (Widenhouse, Jr., M.) (Entered: 04/06/2010)
04/06/2010216 OBJECTION TO MEMORANDUM AND RECOMMENDATIONS 214 by Brian Conner. (Widenhouse, Jr., M.) (Entered: 04/06/2010)
04/12/2010  Motion Submission as to Brian Conner re 197 MOTION to Vacate under 28 U.S.C. 2255, 214 MEMORANDUM AND RECOMMENDATIONS as to Brian Conner re 206 MOTION to Dismiss or in the Alternative MOTION for Summary Judgment and 206 MOTION to Dismiss or in the Alternative MOTION for Summary Judgment. (Indig, A.) (Entered: 04/12/2010)
05/14/2010217 ORDER denying 206 Motion to Dismiss as to Brian Conner (2); denying 206 Motion for Summary Judgment as to Brian Conner (2); adopting in large part that petitioners first, second, third, and fifth claims shall proceed re 214 Memorandum and Recommendations as to Brian Conner (2). Additionally, the court SUSTAINS petitioners objection regarding his fourth claim for relief, which shall also be set for hearing. The court RECOMMITS the matter to Magistrate Judge William A. Webb for further address, including evidentiary hearing on a date promptly to be noticed in regard also to his schedule. Signed by Chief Judge Louise Wood Flanagan on 5/13/2010. (King, K.) (Entered: 05/14/2010)
05/18/2010218 NOTICE OF HEARING as to Brian Conner; Status Conference set for 6/7/2010 09:00 AM in Raleigh - 6th Floor Courtroom before USMJ William A. Webb. (McDowell, G.) (Entered: 05/18/2010)
05/27/2010219 Joint MOTION to Continue Evidentiary Hearing Scheduled June 23, 2010 by USA as to Brian Conner. (Gray, Edward) (Entered: 05/27/2010)
05/27/2010220 NOTICE (Proposed Order)- re: 219 Joint MOTION to Continue Evidentiary Hearing Scheduled June 23, 2010. (Gray, Edward) (Entered: 05/27/2010)
06/02/2010  Motion Submission to Magistrate Judge Webb as to Brian Conner re 219 Joint MOTION to Continue Evidentiary Hearing Scheduled June 23, 2010. (McDowell, G.) (Entered: 06/02/2010)
06/03/2010221 ORDER granting 219 Motion to Continue as to Brian Conner (2). The June 7, 2010 status conference and June 23, 2010 evidentiary hearing in this matter are hereby canceled. A conference call shall be conducted on June 7, 2010 at 9:00 a.m. to reschedule the status conference and evidentiary hearing. Signed by USMJ William A. Webb on 6/3/2010. (McDowell, G.) (Entered: 06/03/2010)
06/10/2010222 NOTICE Joint Notice of Counsel Availability to the Court in Preparation for Evidentiary Hearing (Gray, Edward) (Entered: 06/10/2010)
06/10/2010223 NOTICE CORRECTED VERSION: Joint Notice of Counsel Availability to the Court in Preparation for Evidentiary Hearing (Gray, Edward) (Entered: 06/10/2010)
06/17/2010224 Order Setting Hearings - Telephonic Status Conference set for 8/6/2010 09:00 AM before USMJ William A. Webb. Evidentiary Hearing set for 8/19/2010 09:00 AM in Raleigh - 5th Floor Courtroom before USMJ William A. Webb. Signed by USMJ William A. Webb on 6/17/2010. (Indig, A.) (Entered: 06/17/2010)
08/05/2010225 NOTICE (Pre-Evidentiary Hearing Brief)- re: 224 Set Deadlines/Hearings, (Attachments: # 1 Exhibit (1) Trial transcript day 8 (pp. 156-213) Ms. Stanley, # 2 Exhibit (2) Trial transcript day 9 (pp. 7-96) Ms. Stanley, # 3 Exhibit (3) Sentencing transcript day 2 (p. 141), # 4 Exhibit (4) Sentencing transcript day 2 (pp. 160-65)) (Gray, Edward) (Entered: 08/05/2010)
08/05/2010226 TRIAL BRIEF by Brian Conner. (Attachments: # 1 Exhibit Expert Vitae) (Widenhouse, Jr., M.) (Entered: 08/05/2010)
08/13/2010227  MOTION Waive defendant's appearance by Brian Conner. (Widenhouse, Jr., M.) (Entered: 08/13/2010)
08/13/2010228 ORDER granting 227 Motion as to Brian Conner (2). Petitioner's appearance shall not be required during the August 19, 2010 hearing on his motion to vacate. Signed by US Magistrate Judge William A. Webb on 8/13/2010. (Indig, A.) (Entered: 08/13/2010)
08/19/2010229 Minute Entry for proceedings held before US Magistrate Judge William A. Webb: Evidentiary Hearing as to Brian Conner held on 8/19/2010 in Raleigh. Evidence presented by both sides. Arguments presented by both sides to the court. (Court Reporter FTR and Rebecca Crunk.) (Bunn, A.) (Entered: 08/20/2010)
08/23/2010230 NOTICE of Materials Reviewed by Defense Expert. (Widenhouse, Jr., M.) (Entered: 08/23/2010)
08/24/2010231 NOTICE Post-Hearing Memorandum. (Widenhouse, Jr., M.) (Entered: 08/24/2010)
08/24/2010232 NOTICE Respondent's Post-Hearing Memorandum of Law. (Gray, Edward) (Entered: 08/24/2010)
09/09/2010233 OFFICIAL TRANSCRIPT of EVIDENTIARY HEARING Proceedings as to Brian Conner held on 8/19/2010, before Judge Webb. Court Reporter Rebecca Crunk. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website. Redaction Request due 9/30/2010. Redacted Transcript Deadline set for 10/10/2010. Release of Transcript Restriction set for 12/8/2010. (Steele, F.) (Entered: 09/09/2010)
09/09/2010  NOTICE of Filing of Official Transcript - DE 233 - Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Steele, F.) (Entered: 09/09/2010)
09/09/2010  ORDER: The transcript for the 2255 hearing in this matter was filed on September 9, 2010. The parties shall have until September 14, 2010 to file supplemental memoranda. Signed by US Magistrate Judge William A. Webb on 09/09/10. (CHAM, BH) (Entered: 09/09/2010)
09/14/2010234 NOTICE Respondent's Supplemental Post-Hearing Memorandum of Law (Attachments: # 1 Exhibit 1- Direct Examination, # 2 Exhibit 2 - Voir Dire, # 3 Exhibit 3 - Cross Examination, # 4 Exhibit 4 - Court's Examination) (Gray, Edward) (Entered: 09/14/2010)
09/14/2010235 Memorandum in Support by Brian Conner - re: 197 MOTION to Vacate under 28 U.S.C. 2255 Post-Hearing Memorandum of Law. (Widenhouse, Jr., M.) (Entered: 09/14/2010)
09/21/2010236 MEMORANDUM AND RECOMMENDATIONS as to Brian Conner re 196 MOTION to Vacate under 28 U.S.C. 2255 ; Objections to M&R due by 10/8/2010. Signed by US Magistrate Judge William A. Webb on 9/15/2010. (Attachments: # 1 Notice for Objections) (McDowell, G.) (Entered: 09/21/2010)
10/01/2010237 OBJECTION TO MEMORANDUM AND RECOMMENDATIONS 236 by Brian Conner (Widenhouse, Jr., M.) (Entered: 10/01/2010)
10/07/2010  Motion Submission to Chief Judge Flanagan as to Brian Conner re 236 MEMORANDUM AND RECOMMENDATIONS as to Brian Conner re 196 MOTION to Vacate under 28 U.S.C. 2255. (Indig, A.) (Entered: 10/07/2010)
11/01/2010238 ORDER adopting Report and Recommendations - re: 236 Memorandum and Recommendations as to Brian Conner (2) and denying 197 Motion to Vacate (2255) as to Brian Conner (2). The court GRANTS petitioner a certificate of appealability. The clerk is directed to enter judgment and close this case. Signed by Chief Judge Louise Wood Flanagan on 11/1/2010. (Indig, A.) (Entered: 11/01/2010)
11/01/2010239 JUDGMENT ON 2255 MOTION as to Brian Conner. Issued by Dennis P. Iavarone, Clerk. Signed by Dennis P. Iavarone, Clerk of Court on 11/1/2010. (Indig, A.) (Entered: 11/01/2010)
11/10/2010240 NOTICE OF APPEAL by Brian Conner - re: 239 Judgment on 2255, 238 Order on Memorandum and Recommendations, Filing fee $ 455, receipt number 0417-1395737. (Widenhouse, Jr., M.) (Entered: 11/10/2010)
11/10/2010241 Transmission of Notice of Appeal and Docket Sheet as to Brian Conner to US Court of Appeals re 240 Notice of Appeal - Final Judgment. NOTE: The Docketing Statement, Transcript Order Form and CJA-24 forms, if you are court appointed counsel, are available on our website at <ahref=http://www.nced.uscourts.gov target=_blank>website. If CJA-24 forms are applicable, complete items 1-14, and 18 for each court reporter from whom you wish to order a transcript, and file each one separately in this case with the event Appeal-Proposed CJA-24. The CJA-24 forms will then be processed by the U.S.District Court Clerk's Office. (Indig, A.) (Entered: 11/10/2010)
11/10/2010242 USCA Case Number as to Brian Conner 10-7579 (Amy Carlheim) for 240 Notice of Appeal - Final Judgment filed by Brian Conner. (Indig, A.) (Entered: 11/10/2010)
12/05/2011243 Unpublished Opinion from Fourth Circuit Court of Appeals as to Brian Conner re 240 Notice of Appeal - Final Judgment (AFFIRMED). (Indig, A.) (Entered: 12/05/2011)
12/05/2011244 JUDGMENT of US Court of Appeals (certified copy) as to Brian Conner re 240 Notice of Appeal - Final Judgment. (Indig, A.) (Entered: 12/05/2011)
01/27/2012245 MANDATE of US Court of Appeals (certified copy) as to Brian Conner. (Indig, A.) (Entered: 01/27/2012)
03/09/2012246 AMENDED JUDGMENT as to Brian Conner (2): 151 months imprisonment (120 months as to Counts 1s-192s, 194s-215s, 217s-227s, 229s-335s and 337s-347s to run concurrent and 60 months as to Counts 348s-350s to run concurrent but partially consecutive to all other counts for a total term of 151 months) - 3 years supervised release (as to all counts) with special conditions - $34,600 Special Assessment - Restitution in the amount of $604,342.48 (Joint & several with Convalescent and Kelli Anderson) - Fine in the amount of $175,000 - Counts 193s, 216s, 228s, and 336s are Dismissed. Signed by District Judge Louise Wood Flanagan on 3/9/2012. **Judgment was amended to reflect the correct date the original judgment was imposed (5/3/2006) and to correct the US Marshal identification number - No other changes were made. (Lee, L.) (Entered: 03/09/2012)