CLOSED

U.S. District Court
Western District of Pennsylvania (Pittsburgh)
CRIMINAL DOCKET FOR CASE #: 2:03-cr-00203-GLL-1


Case title: USA v. EXTREME ASSOCIATES,, et al

Date Filed: 08/06/2003
Date Terminated: 07/01/2009

Assigned to: Judge Gary L. Lancaster
Appeals court case number: 05-1555

Defendant (1)
EXTREME ASSOCIATES, INC.
TERMINATED: 07/01/2009
represented byH. Louis Sirkin
Sirkin, Pinales & Schwartz
105 West Fourth Street
Suite 920 Fourth & Race Tower
Cincinnati, OH 45202
(513) 721-4876
Email: lsirkin@sirkinpinales.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Jennifer M. Kinsley
Sirkin, Kinsley and Nazzarine
810 Sycamore Street, Second Floor
Cincinnati, OH 45202
(513) 721-4876
Email: jkinsley@skn-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES Conspiracy to distribute obsecene matters
(1)
Defendant order to comply with the forfeiture allegations as set forth in the plea agreement, No fine or costs; Special assessment of $400.00 imposed.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1461.F and 2 MAILING OBSCENE OR CRIME-INCITING MATTER Mailing obsecene matters
(2-4)
Dismissed upon oral motion of the United States Attorney
18:1465.F and 2 TRANSPORTATION OF OBSCENE MATTER FOR SALE Using an interactive compute service for sale and distribution of obscene matters
(5-10)
Dismissed upon oral motion of the United States Attorney

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
UNITED STATES OF AMERICA represented byChristine A. Sanner
United States Attorney's Office
17 South Park Row
Room A330
Erie, PA 16501
(814) 452-2906
Email: Christine.Sanner@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen R. Kaufman
United States Attorney's Office
700 Grant Street
Suite 4000
Pittsburgh, PA 15219
(412) 644-3500
Fax: (412) 644-2645
Email: Steve.Kaufman@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/06/2003INDICTMENT as to EXTREME ASSOCIATES, (1) count(s) 1, 2-4, 5-10, ROBERT ZICARI (2) count(s) 1, 2-4, 5-10, JANET ROMANO (3) count(s) 1, 2-4, 5-10 (ces) (Entered: 08/07/2003)
08/06/2003Indictment Memorandum as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO (ces) (Entered: 08/07/2003)
08/06/2003REQUEST for Summons for EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO to appear for arraignment at 9:30 8/27/03 for EXTREME ASSOCIATES, for ROBERT ZICARI, for JANET ROMANO before Magistrate Judge Francis X. Caiazza and post O.R. Bond in the amount 100,000.00 dollars. SUMMONS(ES) issued. (ces) (Entered: 08/07/2003)
08/06/2003MOTION by USA as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO to Seal Indictment and Request for Summons with Proposed Order. (ces) (Entered: 08/08/2003)
08/06/2003  ORDER upon motion granting [4-1] motion to Seal Indictment and Request for Summons as to EXTREME ASSOCIATES, (1), ROBERT ZICARI (2), JANET ROMANO (3) (signed by Magistrate Judge Francis X. Caiazza on 8/6/03) CM all parties of record. (ces) (Entered: 08/08/2003)
08/07/2003MOTION by USA as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO to Unseal Indictment and Request for Summons with Proposed Order. (ces) Modified on 12/20/2004 (Entered: 08/08/2003)
08/07/2003  ORDER upon motion granting [5-1] motion to Unseal Indictment and Request for Summons as to EXTREME ASSOCIATES, (1), ROBERT ZICARI (2), JANET ROMANO (3) (signed by Magistrate Judge Francis X. Caiazza on 8/7/03) CM all parties of record. (ces) (Entered: 08/08/2003)
08/13/2003  ORAL ORDER as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO recusing case ( Entered by Judge Gustave Diamond ) (ces) (Entered: 08/13/2003)
08/13/2003  CASE reassigned to Judge Gary L. Lancaster as per oral order of Diamond,J. this date (ces) Modified on 08/13/2003 (Entered: 08/13/2003)
08/27/2003  Arraignment as to EXTREME ASSOCIATES, held on 8/27/03 before Magistrate Judge Francis X. Caiazza [ Reporter: none ] Defendant pleads not guilty. ( with Document # 1 ) (ces) (Entered: 08/27/2003)
08/27/2003MOTION by EXTREME ASSOCIATES, ROBERT ZICARI for H. Louis Sirkin, Esq. and Jennifer M. Kinsley, Esq. to Appear Pro Hac Vice Filing Fee $ 80.00 Receipt # 5667 with Proposed Order. (ces) (Entered: 08/28/2003)
09/04/2003  ORDER upon motion granting [8-1] motion for H. Louis Sirkin, Esq. and Jennifer M. Kinsley, Esq. to Appear Pro Hac Vice Filing Fee $ 80.00 Receipt # 5667 as to EXTREME ASSOCIATES, (1), ROBERT ZICARI (2) (signed by Judge Gary L. Lancaster on 9/2/03) CM all parties of record. (ces) (Entered: 09/05/2003)
09/08/200310 MOTION by EXTREME ASSOCIATES, ROBERT ZICARI to Extend Time for Filing of Pretrial Motions with Proposed Order. (ces) (Entered: 09/09/2003)
09/10/2003  ORDER upon motion granting [10-1] motion to Extend Time for Filing of Pretrial Motions as to EXTREME ASSOCIATES, (1), ROBERT ZICARI (2); motions due by 10/30/03 (signed by Judge Gary L. Lancaster on 9/9/03) CM all parties of record. (crw) (Entered: 09/12/2003)
10/09/200314 MOTION with Brief in Support by EXTREME ASSOCIATES, ROBERT ZICARI to Dismiss on the Basis that the Federal Obscenity Statutes Violate the Constitutional due Process Guarantee with Proposed Order. (ces) (Entered: 10/09/2003)
10/16/200316 ORDER as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO, Response to Motion set to 10/31/03 for EXTREME ASSOCIATES, for ROBERT ZICARI, for JANET ROMANO for [14-1] motion to Dismiss on the Basis that the Federal Obscenity Statutes Violate the Constitutional due Process Guarantee (signed by Judge Gary L. Lancaster on 10/13/03) CM all parties of record. (ces) (Entered: 10/17/2003)
10/31/200317 RESPONSE by USA as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO re [14-1] motion to Dismiss on the Basis that the Federal Obscenity Statutes Violate the Constitutional due Process Guarantee (ces) (Entered: 11/03/2003)
10/31/2003  BRIEF by USA as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO in opposition to [14-1] motion to Dismiss on the Basis that the Federal Obscenity Statutes Violate the Constitutional due Process Guarantee (with 17) (ces) (Entered: 11/03/2003)
11/10/200318 REPLY by EXTREME ASSOCIATES, ROBERT ZICARI to response to [14-1] motion to Dismiss on the Basis that the Federal Obscenity Statutes Violate the Constitutional due Process Guarantee (ces) (Entered: 11/12/2003)
11/10/2003  BRIEF by EXTREME ASSOCIATES, ROBERT ZICARI in opposition to [14-1] motion to Dismiss on the Basis that the Federal Obscenity Statutes Violate the Constitutional due Process Guarantee (with 18) (ces) Modified on 11/12/2003 (Entered: 11/12/2003)
12/02/200319 ORDER as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO that the court will entertain briefs from both parties as to what, if any, impact the US Court of Appeals for the Third Circuit's decision in ACLU v. Ashcroft, 322 F.3d 240 (3d Cir. 2003) has on the enforceability of 18 U.S.C. 1461 et seq. Defts' brief shall be filed within 30 days of the date of this order. The govt's response shall be filed 30 days thereafter. (signed by Judge Gary L. Lancaster on 12/1/03) CM all parties of record. (ksa) (Entered: 12/02/2003)
01/05/200420 BRIEF regarding the Impact of the Third Circuit's Decision in ACLU v. Ashcroft on The Enforceability of 18 U.S.C. 1461 ET SEQ. by EXTREME ASSOCIATES, ROBERT ZICARI (plh) (Entered: 01/05/2004)
01/30/200422 SUPPLEMENTAL BRIEF by USA as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO as to [19-1] order Regarding the Impact of the Third Circuit's Decision in ACLU vs. ASHCROFT on the Enforceability of 18 USC Section 1461 et seq. (ces) (Entered: 02/02/2004)
02/11/200423 Telephone Status conference as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO set at 10:30 2/27/04 for EXTREME ASSOCIATES, for ROBERT ZICARI, for JANET ROMANO before Judge Gary L. Lancaster. (Ct. will initiate conference call) (ces) Modified on 02/12/2004 (Entered: 02/12/2004)
03/02/200424 Telephone Status conference as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO held on 2/27/04 before Judge Gary L. Lancaster [ Reporter: Patricia Sherman ] (Defts to submit material fact statement to USA by 4/12/04; any reply due 5/28/04; after that status conf. to be scheduled) (ces) (Entered: 03/02/2004)
04/08/200425 DEFTS' PROPOSED STIPULATED FACTS by EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO (ces) (Entered: 04/08/2004)
05/28/200427 Joint Stipulation by EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO, USA of Facts and Proffer of Facts In Dispute . (ces) (Entered: 06/01/2004)
07/21/200428 Oral argument/Status conference as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO set at 10:30 9/10/04 for EXTREME ASSOCIATES, for ROBERT ZICARI, for JANET ROMANO before Judge Gary L. Lancaster (ces) (Entered: 07/21/2004)
08/24/200430 MOTION by USA as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO to Reschedule Oral Argument and Status Conference with Proposed Order. (ces) (Entered: 08/24/2004)
08/31/200431 RESPONSE by EXTREME ASSOCIATES, ROBERT ZICARI in opposition to [30-1] motion to Reschedule Oral Argument and Status Conference (ces) (Entered: 09/01/2004)
08/31/2004  ORDER upon motion granting [30-1] motion to Reschedule Oral Argument and Status Conference as to EXTREME ASSOCIATES, (1), ROBERT ZICARI (2), JANET ROMANO (3), Status Conference for 10:00 11/1/04 for EXTREME ASSOCIATES, for ROBERT ZICARI, for JANET ROMANO , Oral Argument set for 10:00 11/1/04 as to: EXTREME ASSOCIATES,, re: (14-1); ROBERT ZICARI, re: (14-1) (signed by Judge Gary L. Lancaster on 8/30/04) CM all parties of record. (ces) (Entered: 09/01/2004)
10/25/200432 Supplement by USA to [27-1] Proffer of Facts In Dispute (ces) (Entered: 10/26/2004)
11/03/200433 ORAL ARGUMENT held on 11/1/04 as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO re: before Judge Gary L. Lancaster [ Reporter: Karen Earley ]. Hearing Memo filed. (Govt. Exhibit 1 attached)(Parties to submit briefs re: State's Interest due within 45 days (12/17/04)) (ces) (Entered: 11/04/2004)
11/16/200434 TRANSCRIPT of Hearing on Defts' Motion to Dismiss Indictment held 11/1/04 as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO for date of 11/1/04 Reporter: Karen M. Earley (ces) (Entered: 11/16/2004)
12/06/200435 ORDER as to EXTREME ASSOCIATES, denying govt's ex parte "Motion for Disclosure of Documents Obtained Pursuant to a Grand Jury Subpoena, without prejudice, to govt's right to resubmit the petition after giving proper notice to defts (signed by Judge Gary L. Lancaster on 12/6/04) CM all parties of record ( FILED UNDER SEAL as per order of court dated 12/10/04). (ces) Modified on 12/20/2004 (Entered: 12/07/2004)
12/10/200441 ORDER as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO that govt's ex parte "motion for Disclosure of Documents Obtained Pursuant to a Grand Jury Subpoena", the Memorandum in support and this ct's Order dated 12/6/04, denying same, are placed under seal. (signed by Judge Gary L. Lancaster on 12/10/04) CM all parties of record. (PLACED UNDER SEAL) (ces) (Entered: 01/28/2005)
12/16/200436 SUPPLEMENTAL BRIEF by EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO in support of [14-1] motion to Dismiss on the Basis that the Federal Obscenity Statutes Violate the Constitutional due Process Guarantee (ces) (Entered: 12/17/2004)
12/16/200437 Supplement by USA to [0-1] (with 17) opposition brief On the Issue of Compelling State Interest (ces) Modified on 12/20/2004 (Entered: 12/20/2004)
12/17/200438 EX PARTE MOTION by USA as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO for Disclosure of Documents Obtained Pursuant to Grand Jury Subpoena with Proposed Order (FILED UNDER SEAL as per order of court dated 12/10/04) . (ces) Modified on 12/20/2004 (Entered: 12/20/2004)
12/17/200439 BRIEF by USA as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO in support of [38-1] motion for Disclosure of Documents Obtained Pursuant to Grand Jury Subpoena (FILED UNDER SEAL as per order of court dated 12/10/04) (ces) Modified on 12/20/2004 (Entered: 12/20/2004)
01/20/200540 MEMORANDUM and ORDER as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO granting [15-1] motion for Joinder In Pretrial Motions of co-defts; granting [14-1] motion to Dismiss on the Basis that the Federal Obscenity Statutes Violate the Constitutional due Process Guarantee as to EXTREME ASSOCIATES, (1), ROBERT ZICARI (2) (signed by Judge Gary L. Lancaster on 1/20/05) CM all parties of record. (ces) (Entered: 01/21/2005)
02/16/200542 NOTICE OF APPEAL from [40-1] order by USA as to EXTREME ASSOCIATES, (1) count(s) 1, 2-4, 5-10, ROBERT ZICARI (2) count(s) 1, 2-4, 5-10, JANET ROMANO (3) count(s) 1, 2-4, 5-10 (no fee required) TPO ISSUED. (ces) (Entered: 02/17/2005)
02/17/2005  Certified copy of Notice of Appeal [42-1] appeal as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO , certified copy of docket, certified copy of order dated 1/20/05 mailed to USCA; copy of Notice of Appeal and information sheet to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO , court reporters Patricia Sherman and Karen Earley, and judge. Copy of information sheet to appellant. (ces) (Entered: 02/17/2005)
02/28/2005  NOTICE of Docketing ROA from USCA as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO Re: [42-1] appeal USCA Number: 05-1555 (ces) (Entered: 03/01/2005)
03/01/200543 Transcript Purchase Order by USA as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO re: [42-1] appeal indicating that transcript already in the D.C. Clerk's Office (ces) (Entered: 03/02/2005)
03/02/2005  Record complete for Appeal purposes, certified copy of docket entries forwarded to USCA as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO (ces) (Entered: 03/02/2005)
03/08/2005  Receipt from USCA as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO for one cc. of docket entries filed as Certified List in Lieu of the Record (ces) (Entered: 03/09/2005)
12/08/200544JUDGMENT of USCA (certified copy) as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO re 42 Notice of Appeal - Final Judgment by USA reversing and remanding. (ll3) (Entered: 12/08/2005)
01/17/200645MANDATE (Judgment) of USCA (certified copy) as to EXTREME ASSOCIATES, ROBERT ZICARI, JANET ROMANO INC. re 42 Notice of Appeal - Final Judgment. The Judgment of the District Court is Reversed and the Matter is Remanded for further proceedings. (Attachments: # 1 opinion) (tmm3, ) Modified on 10/11/2007. (tt) (Entered: 01/17/2006)
01/20/200646 MOTION to Stay Trial Proceedings Pending Petition for Writ of Certiorari by EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO. (Attachment: # 1 Proposed Order)(ces, ) (Entered: 01/23/2006)
01/23/2006  Case reopened as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO. (map) (Entered: 01/23/2006)
01/24/200647ORDER granting 46 Motion to Stay as to EXTREME ASSOCIATES, INC. (1), ROBERT ZICARI (2), JANET ROMANO (3); Case stayed from date of Third Circuit's mandate, 1/17/2006, to date petition for Writ of Certiorari is to be filed, 4/10/2006; This period of time shall be deemed excludable delay. Signed by Judge Gary L. Lancaster on 1/24/06. (map) (Entered: 01/24/2006)
04/18/200648 MOTION to Stay Trial Proceedings pending outcome of Petition for Writ of Certiorari by EXTREME ASSOCIATES, INC., ROBERT ZICARI. (Attachments: # 1 Proposed Order)(jv) (Entered: 04/19/2006)
04/20/200649ORDER granting 48 Motion to Stay Proceedings Pending Outcome of Petition for Writ of Certiorari; All delay caused by this stay shall be deemed excludable delay. Signed by Judge Gary L. Lancaster on 4/19/06. (map) (Entered: 04/20/2006)
06/30/200650Remark: Supreme Court of the United States of America enters an Order dening the Petition for writ of Certiorari 49 . Justice Alito took no part in the consideraton or decision of this petition. (jv) (Entered: 06/30/2006)
07/05/200651 MOTION to Postpone and/or Reschedule Case by EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO as to EXTREME ASSOCIATES, INC.. (Kinsley, Jennifer) (Entered: 07/05/2006)
07/05/200652RESPONSE to Motion by UNITED STATES OF AMERICA as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO re 1 Proposed Order)(Kaufman, Stephen) (Entered: 07/05/2006)
07/06/2006  CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 51 MOTION to Postpone and/or Reschedule Case ERROR: Memorandum should have been filed as a separate document. CORRECTION: Attorney advised to File Memorandum as another Document. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in the future to file proposed orders as attachments to the main document. This message is for informational purposes only. (jv) (Entered: 07/06/2006)
07/07/200653ORDER granting 51 Motion to Postpone and/or Reschedule as to EXTREME ASSOCIATES, INC. (1); With the exception of status conferences, this case shall be held in abeyance until 11/1/2006; All extended time deemed excludable delay. Signed by Judge Gary L. Lancaster on 7/6/06. (map) (Entered: 07/07/2006)
11/14/200654NOTICE setting Telephone Status Conference for 11/20/2006 at 11:30 AM before Judge Gary L. Lancaster; Court to initiate conference call; Counsel to contact chambers and provide direct telephone numbers. (map) (Entered: 11/14/2006)
11/20/200655Minute Entry for Telephone Status Conference held on 11/20/2006 before Judge Gary L. Lancaster (Court Reporter Virginia Pease). (map) (Entered: 11/20/2006)
11/21/200656Joint MOTION for Extension of Time to File Pretrial Motions by UNITED STATES OF AMERICA as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO. (Attachments: # 1 Proposed Order)(Kaufman, Stephen) (Entered: 11/21/2006)
11/22/200657ORDER granting 56 Joint Motion for Extension of Time; Pretrial Motions due by 2/1/2007; Period of time from 11/1/2006 to 2/1/2007 shall be deemed excludable delay. Signed by Judge Gary L. Lancaster on 11/22/06. (map) (Entered: 11/22/2006)
11/30/200658STIPULATION of Joint Motion Submitting Proposed Pretrial Order by UNITED STATES OF AMERICA (Attachments: # 1 Proposed Order)(Kaufman, Stephen) (Entered: 11/30/2006)
12/12/200659ORDER granting 58 Stipulation of Proposed Pretrial Order; Pretrial motions with accompanying briefs due 2/1/2007; Parties' proposed jury questionnaire shall be submitted to the Court by 3/1/2007; Parties may also submit disputed additional questions; Responses to Pretrial Motions due 3/15/2007; Any Reply brief due 4/1/2007; Parties to exchange name of anticipated expert witnesses, along with accompanying material pursuant to F.R.Cr.P. 16(a)(1)(G) and 16(b)(1)(C), and file Motions in limine by 5/1/2007; Responses to Motions in Limine due 5/22/2007; Any Reply brief due 6/1/2007; Proposed Jury instructions and voir dire questions, as well as any trial briefs, due three (3) weeks prior to trial; Responses thereto due two (2) weeks prior to trial . Signed by Judge Gary L. Lancaster on 12/10/06. (map) (Entered: 12/12/2006)
12/12/2006  Set/Reset Deadlines as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO: Motions in Limine due by 5/1/2007; Response to Motions in Limine due by 5/22/2007; Any Reply brief due by 6/1/2007. (map) (Entered: 12/12/2006)
12/19/200660ORDER directing that the parties familiarize themselves with, and be prepared to address the effect, if any, the recent decision in the Court of Appeals for the Third Circuit in Conchatta, Inc. v. Miller (458 F.3d 258) has on the instant case; Specifically, parties are directed to the portion of the opinion in which the Court determines the vagueness of certain terms that also appear in one or more of the statutes at issue. Signed by Judge Gary L. Lancaster on 12/18/06. (map) (Entered: 12/19/2006)
01/31/200761 MOTION to Dismiss Or, In The Alternative, For A Pretrial Ruling As To The Applicability Of The Miller Test by EXTREME ASSOCIATES, INC., ROBERT ZICARI. (Kinsley, Jennifer) (Entered: 01/31/2007)
03/01/200763NOTICE Joint Submission of Proposed Juror Questionnaire by EXTREME ASSOCIATES, INC., UNITED STATES OF AMERICA, ROBERT ZICARI, JANET ROMANO as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO (Attachments: # 1 Juror Questionnaire)(Kaufman, Stephen) (Entered: 03/01/2007)
03/15/200764RESPONSE to Motion by UNITED STATES OF AMERICA as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO re 61 MOTION to Dismiss Or, In The Alternative, For A Pretrial Ruling As To The Applicability Of The Miller Test (Kaufman, Stephen) (Entered: 03/15/2007)
03/16/200765Errata re: 64 Government's Response to Defendants' Motion to Dismiss, or in the Alternative, for a Pretrial Ruling as to the Applicability of the Miller Test by UNITED STATES OF AMERICA. Reason for correction: No signature line. (Kaufman, Stephen) Modified on 3/16/2007 (plh) (Entered: 03/16/2007)
04/02/200766REPLY TO RESPONSE to Motion by EXTREME ASSOCIATES, INC., ROBERT ZICARI re 2 Exhibit Transcript of Motion to Dismiss Hearing)(Kinsley, Jennifer) (Entered: 04/02/2007)
04/26/200767Joint MOTION for Extension of Time to Disclose Expert Reports by EXTREME ASSOCIATES, INC., UNITED STATES OF AMERICA, ROBERT ZICARI, JANET ROMANO as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO. (Kinsley, Jennifer) (Entered: 04/26/2007)
04/26/200768ORDER granting 67 Joint Motion for Extension of Time; Defendants shall disclose their expert reports by 6/1/2007; The period of time from the date of this order to 6/1/2007 shall be deemed excludable delay. Signed by Judge Gary L. Lancaster on 4/26/07. (map) (Entered: 04/26/2007)
04/27/2007  CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 67 MOTION for Extension of Time ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (jv) (Entered: 04/27/2007)
04/30/200769NOTICE OF ATTORNEY APPEARANCE Stephen R. Kaufman appearing for USA. Damon A. King, Trial Attorney, is appearing as co-counsel for the government. (Kaufman, Stephen), This Document removed from public view and will be redocked by U.S. Attorney's Office (on a future date) as a Motion for Pro Hac Vice. (Attorney Not admitted or CM/ECF Registered) Modified on 5/1/2007 (jv). (Entered: 04/30/2007)
04/30/200770 MOTION in Limine by EXTREME ASSOCIATES, INC., ROBERT ZICARI. (Kinsley, Jennifer) (Entered: 04/30/2007)
05/01/200771 MOTION in Limine Regarding the Issue of Motive of the Government and Memorandum of Law In Support Thereof by UNITED STATES OF AMERICA as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO. (Attachments: # 1 Proposed Order)(Kaufman, Stephen) (Entered: 05/01/2007)
05/01/200772 MOTION in Limine Regarding the Issue of Consenting Adults and Memorandum of Law In Support Thereof by UNITED STATES OF AMERICA as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO. (Attachments: # 1 Proposed Order)(Kaufman, Stephen) (Entered: 05/01/2007)
05/01/200773 MOTION in Limine Regarding the Issue of Punishment or Imprisonment and Memorandum In Support Thereof by UNITED STATES OF AMERICA as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO. (Attachments: # 1 Proposed Order)(Kaufman, Stephen) Modified on 5/2/2007 (jv). (Entered: 05/01/2007)
05/01/200774 MOTION in Limine Regarding the Issue of Fair Warning and Memorandum of Law In Support Thereof by UNITED STATES OF AMERICA as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO. (Attachments: # 1 Proposed Order)(Kaufman, Stephen) (Entered: 05/01/2007)
05/02/200776Brief in Support by UNITED STATES OF AMERICA as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO re 71 MOTION in Limine (jv) (Entered: 05/02/2007)
05/02/200777Brief in Support by UNITED STATES OF AMERICA as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO re 72 MOTION in Limine (jv) (Entered: 05/02/2007)
05/02/200778Brief in Support by UNITED STATES OF AMERICA as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO re 73 MOTION in Limine Regarding the Issue of Punishment or Imprisonment and Memorandum In Support Thereof (jv) (Entered: 05/02/2007)
05/02/200779Brief in Support by UNITED STATES OF AMERICA as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO re 74 MOTION in Limine (jv) (Entered: 05/02/2007)
05/02/2007  CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 72 MOTION in Limine ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed 79 Brief in Support of. This message is for informational purposes only. (jv, ) (Entered: 05/02/2007)
05/17/200780RESPONSE to Motion by EXTREME ASSOCIATES, INC., ROBERT ZICARI re 74 MOTION in Limine (Kinsley, Jennifer) (Entered: 05/17/2007)
05/22/200781RESPONSE to Motion by UNITED STATES OF AMERICA as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO re 1 Proposed Order)(Kaufman, Stephen) (Entered: 05/22/2007)
05/30/200782REPLY TO RESPONSE to Motion by EXTREME ASSOCIATES, INC., ROBERT ZICARI re 70 MOTION in Limine (Kinsley, Jennifer) (Entered: 05/30/2007)
07/31/200783ORDER denying 61 Motion to Dismiss as to EXTREME ASSOCIATES, INC. (1) and ROBERT ZICARI (2). Signed by Judge Gary L. Lancaster on 7/30/07. (map) (Entered: 07/31/2007)
08/03/200784NOTICE setting Telephone Status Conference for 8/17/2007 at 1:30 PM before Judge Gary L. Lancaster; Court to initiate conference call; Counsel to contact chambers and provide their direct dial numbers. (map) (Entered: 08/03/2007)
08/17/200785Minute Entry for Status Conference held on 8/17/2007 before Judge Gary L. Lancaster (Court Reporter Mickey Powers). (map) (Entered: 08/17/2007)
08/25/200886NOTICE settting Telephone Status Conference for 9/17/2008 at 2:00 PM before Judge Gary L. Lancaster; The Court will initiate the conference call; Counsel shall contact chambers and provide their direct dial numbers. (map) (Entered: 08/25/2008)
09/18/200887Minute Entry for Status Conference as to EXTREME ASSOCIATES, INC., ROBERT ZICARI and JANET ROMANO held on 9/17/2008 before Judge Gary L. Lancaster; Parties to submit joint comprehensive case management proposal. (Court Reporter: None). (map) (Entered: 09/18/2008)
09/23/200888 MOTION for Extension of Time To File Joint Pretrial Order by EXTREME ASSOCIATES, INC., ROBERT ZICARI as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO. (Attachments: # 1 Proposed Order) (Kinsley, Jennifer) (Entered: 09/23/2008)
09/23/200889ORDER granting 88 Motion for Extension of Time as to EXTREME ASSOCIATES, INC. (1), ROBERT ZICARI (2), JANET ROMANO (3); Parties' Joint Pretrial Order shall be due on or before 10/6/2008. Signed by Judge Gary L. Lancaster on 9/23/08. (map) (Entered: 09/23/2008)
10/07/200890 MOTION Joint Motion Submitting Proposed Case Management Order by UNITED STATES OF AMERICA as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO. (Attachments: # 1 Proposed Order) (Kaufman, Stephen) (Entered: 10/07/2008)
10/08/200891ORDER granting 90 Joint Motion Submitting Proposed Case Management Order as to EXTREME ASSOCIATES, INC. (1), ROBERT ZICARI (2), JANET ROMANO (3); Parties shall confer and then submit a Joint Memorandum, identifying anticipated evidentiary issues which may arise before or during trial, by 11/14/2008; Oral argument and/or an evidentiary hearing regarding any outstanding motions will be held on 12/15/2008 at 10 AM in Courtroom 3A; Proposed jury instructions and proposed voir dire questions shall be submitted to the Court on or before 1/14/2009; Court shall hold a pretrial conference on 1/30/2009 at 10 AM; Jury selection and trial shall begin on 3/16/2009 at 9:30 AM in Courtroom 3A. Signed by Judge Gary L. Lancaster on 10/7/08. (map) (Entered: 10/08/2008)
10/08/2008  Set Deadlines: Status Report of anticipated evidentiary issues due by 11/14/2008; Evidentiary Hearing set for 12/15/2008 at 10:00 AM in Courtroom 3A; Pretrial Conference set for 1/30/2009 at 10:00 AM; Jury Selection and Trial set for 3/16/2009 at 9:30 AM in Courtroom 3A (map) (Entered: 10/08/2008)
10/08/2008  Set Deadlines: Proposed Jury Instructions and Proposed Voir Dire by 1/14/2009. (map) (Entered: 10/08/2008)
11/13/200892NOTICE of Joint Submission of Anticipated Evidentiary Issues by EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO (Kinsley, Jennifer) (Entered: 11/13/2008)
12/15/200895Minute Entry for Evidentiary Hearing as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO held on 12/15/2008 before Judge Gary L. Lancaster (Court Reporter: Mickey Powers). (map) (Entered: 12/15/2008)
01/13/200996Proposed Jury Instructions by EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO (Kinsley, Jennifer) (Entered: 01/13/2009)
01/13/200997Brief in Support by EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO re 96 Proposed Jury Instructions (Kinsley, Jennifer) (Entered: 01/13/2009)
01/13/200998Proposed Voir Dire by EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO (Kinsley, Jennifer) (Entered: 01/13/2009)
01/13/200999NOTICE setting Telephone Status Conference as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO for 1/14/2009 at 10:00 AM before Judge Gary L. Lancaster; Court to initiate conference call (map) (Entered: 01/13/2009)
01/14/2009100Minute Entry for Status Conference as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO held on 1/14/2009 before Judge Gary L. Lancaster; Pretrial Conference re-set to 2/20/2009 at 11:00 AM (Court Reporter: Mickey Powers). (map) (Entered: 01/14/2009)
01/14/2009101Proposed Voir Dire by UNITED STATES OF AMERICA as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO (Kaufman, Stephen) (Entered: 01/14/2009)
01/14/2009102 Proposed Points for Charge by UNITED STATES OF AMERICA as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO (Kaufman, Stephen) (Entered: 01/14/2009)
01/15/2009103MEMORANDUM OPINION regarding "as a whole" and "community standards" elements of The Miller Test as argued in 61 MOTION to Dismiss, or in the alternative, For A Pretrial Ruling As To The Applicability Of The Miller Test filed by ROBERT ZICARI and EXTREME ASSOCIATES, INC.. Signed by Judge Gary L. Lancaster on 1/15/09. (map) (Entered: 01/15/2009)
01/15/2009  Motions terminated as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO: 74 MOTION in Limine Regarding the Issue of Fair Warning orally resolved at Evidentiary Hearing of 12/15/2008; Text-only entry; No PDF document issued; This text-only entry constitutes the Court's order or notice on this matter. (map) (Entered: 01/15/2009)
01/21/2009104 MOTION for Reconsideration by EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO. (Kinsley, Jennifer) (Entered: 01/21/2009)
01/22/2009105ORDER denying 104 Motion for Reconsideration as to EXTREME ASSOCIATES, INC., ROBERT ZICARI and JANET ROMANO. Signed by Judge Gary L. Lancaster on 1/22/09. (map) (Entered: 01/22/2009)
02/18/2009106 MOTION to Postpone and/or Reschedule Status Conference Scheduled for February 20, 2009 by JANET ROMANO as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO. (Attachments: # 1 Proposed Order) (Mariani, Warner) (Entered: 02/18/2009)
02/19/2009107ORDER granting 106 Joint Motion to Reschedule as to EXTREME ASSOCIATES, INC. (1), ROBERT ZICARI (2) and JANET ROMANO (3); Pretrial Conference rescheduled from 2/20/2009 to 3/11/2009 at 10 AM in Courtroom 3A; All extended time deemed excludable delay. Signed by Judge Gary L. Lancaster on 2/19/09. (map) (Entered: 02/19/2009)
02/19/2009  Set/Reset Hearings as to EXTREME ASSOCIATES, INC., ROBERT ZICARI and JANET ROMANO: Pretrial Conference re-set for 3/11/2009 at 10:00 AM in Courtroom 3A before Judge Gary L. Lancaster. (map) (Entered: 02/19/2009)
03/09/2009108NOTICE resetting time of Pretrial Conference on 3/11/2009 as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO from 10:00 AM to 9:00 AM in Courtroom 3A before Judge Gary L. Lancaster. (map) (Entered: 03/09/2009)
03/11/2009109Special Assessment Paid by EXTREME ASSOCIATES, INC. in the amount of $400.00, ROBERT ZICARI in the amount of $100.00, JANET ROMANO in the amount of $100.00 for a total of $600.00, receipt number 09002132 (jv) (Entered: 03/11/2009)
03/11/2009110Minute Entry for Change of Plea Hearing as to EXTREME ASSOCIATES, INC., ROBERT ZICARI held on 3/11/2009 before Judge Gary L. Lancaster (Court Reporter: Mickey Powers). (Attachments: # 2 Exhibit). (map) (Entered: 03/11/2009)
03/11/2009111PLEA AGREEMENT as to EXTREME ASSOCIATES, INC.. (map) (Entered: 03/11/2009)
03/11/2009113CHANGE OF PLEA ENTERED: Defendant EXTREME ASSOCIATES, INC. withdraws plea of not guilty and pleads guilty to Counts 1. (map) (Entered: 03/11/2009)
03/11/2009115ORDER regarding procedures to object to Pre-Sentence Investigation Report as to EXTREME ASSOCIATES, INC.. Signed by Judge Gary L. Lancaster on 3/11/09. (map) (Entered: 03/11/2009)
03/11/2009117NOTICE setting Sentencing as to EXTREME ASSOCIATES, INC. for 7/1/2009 at 9:30 AM in Courtroom 3A before Judg Gary L. Lancaster. (map) (Entered: 03/11/2009)
03/11/2009  Terminated Deadlines and Hearings as to EXTREME ASSOCIATES, INC., ROBERT ZICARI and JANET ROMANO. (map) (Entered: 03/11/2009)
06/08/2009126POSITION WITH RESPECT TO SENTENCING FACTORS by UNITED STATES OF AMERICA as to EXTREME ASSOCIATES, INC. (Kaufman, Stephen) (Entered: 06/08/2009)
06/09/2009129POSITION WITH RESPECT TO SENTENCING FACTORS by EXTREME ASSOCIATES, INC., ROBERT ZICARI as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO. (Attachments: # 1 Exhibit Correspondence to Angelica Banta) (Kinsley, Jennifer) (Entered: 06/09/2009)
06/24/2009130SENTENCING MEMORANDUM by UNITED STATES OF AMERICA as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO (Kaufman, Stephen) (Entered: 06/24/2009)
06/29/2009131SENTENCING MEMORANDUM by EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO (Attachments: # 2 Exhibit Letter from Carolyn Ramsey) (Kinsley, Jennifer) (Entered: 06/29/2009)
07/01/2009132Minute Entry for Sentencing as to EXTREME ASSOCIATES, INC. (1) held on 7/1/2009 before Judge Gary L. Lancaster (Court Reporter: Mickey Powers). (map) (Entered: 07/01/2009)
07/01/2009135JUDGMENT as to EXTREME ASSOCIATES, INC. (1), At Count 1, Defendant ordered to comply with the forfeiture allegations as set forth in the plea agreement; No fine or costs; Special assessment of $400.00 imposed; Counts 2-10 dismissed upon oral motion of the United States Attorney. Signed by Judge Gary L. Lancaster on 7/1/09. (map) (Entered: 07/01/2009)
07/01/2009  ***Terminated Case. (map) (Entered: 07/01/2009)
07/01/2009138SATISFACTION OF JUDGMENT as to EXTREME ASSOCIATES, INC. re 135 Judgment, Satisfied as to Special Assessment on 3/11/2009. (jv) (Entered: 07/02/2009)
07/07/2009141 MOTION for Recommendation to The Bureau of Prisons by ROBERT ZICARI, JANET ROMANO as to EXTREME ASSOCIATES, INC. ROBERT ZICARI, JANET ROMANO. (Kinsley, Jennifer) (Entered: 07/07/2009)
07/07/2009142ORDER granting 141 Motion for Recommendation to Bureau of Prisons as to ROBERT ZICARI (2) and JANET ROMANO (3); Court recommends that defendant Zicari serve his sentence at FCI-Lompoc, in Lompoc, CA, and that defendant Romano serve her sentence at FCI-Victorville in Adelanto, CA. Signed by Judge Gary L. Lancaster on 7/7/09. (map) (Entered: 07/07/2009)
07/31/2009143 MOTION to Stay Sentence by ROBERT ZICARI as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO. (Attachments: # 2 Exhibit Correspondence from Alexander Estrada) (Kinsley, Jennifer) (Entered: 07/31/2009)
07/31/2009144Proposed Order re 143 MOTION to Stay Sentence by ROBERT ZICARI (Kinsley, Jennifer) (Entered: 07/31/2009)
07/31/2009145ORDER denying 143 Motion for Stay of Sentence. Signed by Judge Gary L. Lancaster on 7/31/09. (map) (Entered: 07/31/2009)
08/04/2009146 MOTION to Stay Sentence For Two Weeks by ROBERT ZICARI, JANET ROMANO. (Attachment: # 1 Proposed Order) (Kinsley, Jennifer) Modified on 8/5/2009. (jsp) (Entered: 08/04/2009)
08/05/2009147ORDER granting 146 Motion to Stay as to ROBERT ZICARI (2) and JANET ROMANO (3); Defendants shall report to their designated facilities by 9/3/2009. Signed by Judge Gary L. Lancaster on 8/5/09. (map) (Entered: 08/05/2009)
08/28/2009148 MOTION for Extension of Time to Report to Prison by ROBERT ZICARI, JANET ROMANO as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO. (Attachments: # 1 Exhibit Letters to Bureau of Prisons) (Kinsley, Jennifer) (Entered: 08/28/2009)
08/30/2009149ORDER granting 148 Motion for Extension of Time to Report to Prison as to ROBERT ZICARI (2) and JANET ROMANO (3); Defendants have until 9/17/2009 to report to the facilities designated by the Bureau of Prisons. Signed by Judge Gary L. Lancaster on 8/28/09. (map) (Entered: 08/30/2009)
09/14/2009150Third MOTION for Extension of Time to Report to Bureau of Prison by ROBERT ZICARI, JANET ROMANO as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO. (Kinsley, Jennifer) (Entered: 09/14/2009)
09/14/2009151ORDER granting 150 Third Motion for Extension of Time to Report to Prison; Defendants ROBERT ZICARI (2) and JANET ROMANO (3) have until 9/24/2009 to report to the facilities designated by the Bureau of Prisons; NO FURTHER EXTENSION WILL BE GRANTED. Signed by Judge Gary L. Lancaster on 9/14/09. (map) (Entered: 09/14/2009)
09/15/2009  CLERK'S OFFICE QUALITY CONTROL MESSAGE re 150 MOTION for Extension of Time. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (jv) (Entered: 09/15/2009)
10/14/2009152NOTICE of Change of Address by EXTREME ASSOCIATES, INC., ROBERT ZICARI as to EXTREME ASSOCIATES, INC., ROBERT ZICARI, JANET ROMANO (Kinsley, Jennifer) (Entered: 10/14/2009)