U.S. District Court
Northern District of Georgia (Atlanta)
CRIMINAL DOCKET FOR CASE #: 1:06-cr-00382-JTC -LTW-12


Case title: USA v. Wheat et al

Date Filed: 09/07/2006
Date Terminated: 02/04/2009

Assigned to: Judge Jack T. Camp
Referred to: Magistrate Judge Linda T. Walker

Defendant (12)
Hi-Tech Pharmaceuticals, Inc.
TERMINATED: 02/04/2009
also known as
Planet Pharmacy
TERMINATED: 02/04/2009
also known as
Target Data
TERMINATED: 02/04/2009
also known as
Global Pharmacy
TERMINATED: 02/04/2009
also known as
Target Data Processing
TERMINATED: 02/04/2009
also known as
Generic Limited
TERMINATED: 02/04/2009
also known as
Pegasus Resources
TERMINATED: 02/04/2009
represented byHi-Tech Pharmaceuticals, Inc.
PRO SE

Arthur W. Leach
Law Office of Arthur W. Leach
5780 Windward Parkway
Suite 225
Alpharetta, GA 30005
404-786-6443
Fax: 678-624-9852
Email: Art@ArthurWLeach.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Leslie V. Moore
Moore & Associates, LLC
4000 Eagle Corp Drive
Birmingham, AL 35242
205-790-1062
Email: les.moore@lvmlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Edmund J. Novotny
Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.-Atl
Suite 1600, Monarch Plaza
3414 Peachtree Street, NE
Atlanta, GA 30326
678-406-8700
Fax: 678-406-8804
Email: ednovotny@bakerdonelson.com
ATTORNEY TO BE NOTICED

Timothy Melvin Fulmer
Natter & Fulmer, P.C.
Suite 450
3800 Colonnade Parkway
Birmingham, AL 35243
205-968-5300
Email: fulmer@natterfulmer.com
ATTORNEY TO BE NOTICED

Warren Carl Lietz , III
Kish & Lietz, P.C.
1700 South Tower
225 Peachtree Street, NE
Atlanta, GA 30303
404-588-3991
Fax: 404-588-3995
Email: carl@law-kl.com
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
Probation 60 months w/standard conditions of supervision, special assessment $400.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Dismissed on govt motion
21:952(a)(2), 960(a)(1), 960(b)(4), AND 963 NARCOTIC CONTROLLED SUBSTANCES - IMPORT
(2)
Dismissed on govt motion
21:952B=CI.F, 960(a)(1), 960(b)(4), & 963 CONTROLLED SUBSTANCES - IMPORT
(2s)
Dismissed on govt motion
21:846=CD.F, 841(a)(1), 841(b)(1)(D), 841(b)(2); 21:1306.04 CONSPIRACY TO DISTRIBUTE CONTROLLED SUBSTANCE
(3s)
Dismissed on govt motion
18:1341 and 2 FRAUDS AND SWINDLES
(4-13)
Dismissed on govt motion
18:1341.F FRAUDS AND SWINDLES
(5s-14s)
Dismissed on govt motion
21:331(d), 333(a)(2), 355(a), and 18:2 INTRODUCTION OF UNAPPROVED NEW DRUGS
(14-23)
Dismissed on govt motion
21:331D.F , 333(a)(2), 355(a) VIOLATIONS OF 21-344 OR 21-355
(15s-24s)
Dismissed on govt motion
21:331(a), 333(a)(2), 351(a)(2)(A, B), and 18:2 ADULTERATION OR MISBRANDING OF ANY DRUG
(24-33)
Dismissed on govt motion
21:331A.F, 333(a)(2), 351(a) ADULTERATION OR MISBRANDING OF ANY FOOD, DRUG
(25s-35s)
Dismissed on govt motion
21:952(a)(2), 960(a)(1), (60(b)(4), and 18:2 CONTROLLED SUBSTANCES - IMPORT (PHENTERMINE, XANAX, AMBIEN)
(34-41)
Dismissed on govt motion
21:952A=CI.F, 960(a)(1), 960(b)(4) CONTROLLED SUBSTANCES - IMPORT
(36s-43s)
Dismissed on govt motion
21:331(a), 333(a)(2), 351(a)(2)(A,B), and 18:2 ADULTERATION OR MISBRANDING OF ANY DRUG (VIAGRA)
(42)
Dismissed on govt motion

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Garnishee
Branch Banking & Trust


Movant
Wells Fargo Bank, N.A. represented byRobert M. Brennan
Parker, Hudson, Rainer & Dobbs, LLP
1500 Marquis Two Tower
285 Peachtree Center Avenue, N.E.
Atlanta, GA 30303
404-523-5300
Fax: 404-522-8409
Email: bbrennan@phrd.com
ATTORNEY TO BE NOTICED


Plaintiff
USA represented byCynthia Beckwith Smith
Office of United States Attorney
Northern District of Georgia
75 Spring Street, S.W.
600 United States Courthouse
Atlanta, GA 30303
404-581-6350
Email: cynthia.smith2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John Russell Phillips
Office of United States Attorney
Northern District of Georgia
75 Spring Street, S.W.
600 United States Courthouse
Atlanta, GA 30303
404-581-6239
Email: russell.phillips@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Randy Scott Chartash
Office of United States Attorney
Northern District of Georgia
Economic Crime Section
600 United States Courthouse
75 Spring Street, SW
Atlanta, GA 30303
404-581-6009
Email: randy.chartash@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Aaron M. Danzig
Arnall Golden & Gregory - Atlanta
Suite 2100
171 17th Street, NW
Atlanta, GA 30363-1031
404-873-8504
Fax: 404-873-8505
Email: aaron.danzig@agg.com
TERMINATED: 12/05/2007

Douglas White Gilfillan
Office of United States Attorney
Northern District of Georgia
75 Spring Street, S.W.
600 United States Courthouse
Atlanta, GA 30303
404-581-6186
Email: doug.gilfillan@usdoj.gov
ATTORNEY TO BE NOTICED

Michael John Brown
U.S. Attorney's Office - ATL
600 Richard Russell Building
75 Spring Street, S.W.
Atlanta, GA 30303
404-581-6131
Email: michael.j.brown2@usdoj.gov
ATTORNEY TO BE NOTICED

Robert C. McBurney
Office of United States Attorney
75 Spring Street, S.W.
600 United States Courthouse
Atlanta, GA 30303
404-581-6184
Email: robert.mcburney@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/07/2006INDICTMENT as to Jared Robert Wheat (1) counts 1, 2, 3, 4-13, 14-23, 24-33, 34-41, 42, 43-45; Stephen D. Smith (2) counts 1, 2, 4-13, 14-23, 24-33, 34-41, 42; Tomasz Holda (3) counts 1, 2, 4-13, 14-23, 24-33, 34-41, 42; Sergio Oliveira (4) counts 1, 2, 4-13, 14-23, 24-33, 34-41, 42; David Brady (5) counts 1, 2, 4-13, 14-23, 24-33, 34-41, 42; David Johnson (6) counts 1, 2, 4-13, 14-23, 24-33, 34-41, 42; David Watkins (7) counts 1, 2; Brad Watkins (8) counts 1, 2; Steven Blinder (9) counts 1, 2; Michele Young (10) counts 1, 2, 4-13, 14-23, 24-33, 34-41, 42; Guillermo Pech (11) counts 1, 2, 4-13, 14-23, 24-33, 34-41, 42; Hi-Tech Pharmaceuticals, Inc. (12) counts 1, 2, 4-13, 14-23, 24-33, 34-41, 42; WITH FORFEITURE PROVISION. (Unsealed 9/14/06 by Order of Magistrate Judge Linda T. Walker.) (se) (Entered: 09/19/2006)
09/07/2006 MOTION to Seal Indictment by USA as to all Defendants. (se) (Entered: 09/19/2006)
09/07/2006ORDER granting 2 Motion to Seal Indictment as to all Defendants. Signed by Judge Linda T. Walker on 9/7/06. (se) (Entered: 09/19/2006)
09/07/200615 Defendant Information Sheet as to Hi-Tech Pharmaceuticals, Inc.. (se) (Entered: 09/19/2006)
09/07/200626 Praecipe filed. Arrest Warrant Issued as to Hi-Tech Pharmaceuticals, Inc. and delivered to USM on 9/8/06. (se) (Entered: 09/19/2006)
09/14/200627  MOTION to Unseal Indictment by USA as to all Defendants. (se) (Entered: 09/19/2006)
09/14/200628 ORDER granting 27 Motion to Unseal Indictment as to all Defendants. Signed by Judge Linda T. Walker on 9/14/06. (se) (Entered: 09/19/2006)
09/14/200639 Minute Entry for proceedings held before Judge Linda T. Walker :INITIAL APPEARANCE as to Hi-Tech Pharmaceuticals, Inc. Arraignment, PLEA of NOT GUILTY by Hi-Tech Pharmaceuticals, Inc. (12) to All Counts in the Indictment. Added attorney Arthur W. Leach for Hi-Tech Pharmaceuticals, Inc. Estimated Trial Time-Long. (Attachments: # 1 Plea (With Counsel))(Tape #LTW 06-36 @1308)(se) (Entered: 09/19/2006)
09/14/2006  Case Assigned to Judge Jack T. Camp and Linda T. Walker. (se) (Entered: 09/19/2006)
09/14/200646 Government's Bill of Particulars as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc.by USA. (se) (Entered: 09/19/2006)
09/19/200647 NOTICE OF ATTORNEY APPEARANCE: Arthur W. Leach appearing on behalf of Hi-Tech Pharmaceuticals, Inc. (Leach, Arthur) (Entered: 09/19/2006)
09/22/200663 NOTICE OF ATTORNEY APPEARANCE: Edmund J. Novotny appearing on behalf of Hi-Tech Pharmaceuticals, Inc. (Novotny, Edmund) (Entered: 09/22/2006)
09/22/200664 NOTICE OF ATTORNEY APPEARANCE: Timothy Melvin Fulmer appearing on behalf of Hi-Tech Pharmaceuticals, Inc. (Fulmer, Timothy) (Entered: 09/22/2006)
09/28/200672  MOTION for Extension of Time Time to File Pretrial Motions by Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat, Stephen D. Smith, Sergio Oliveira, David Watkins, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Leach, Arthur) (Entered: 09/28/2006)
10/02/200693 Joint MOTION to Transfer to Re-assign Case as a Related Case by Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat, Stephen D. Smith, Sergio Oliveira, David Watkins, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 # 2 # 3 # 4 # 5)(Leach, Arthur) (Entered: 10/02/2006)
10/04/2006112 APPLICATION for Admission Pro Hac Vice by Leslie V. Moore for Hi-Tech Pharmaceuticals, Inc., Attorney Leslie V. Moore for Hi-Tech Pharmaceuticals, Inc. added. Filing Fee received $150.00, Receipt #556593. (Attachments: # 1 Proposed Order of Admission# 2 Certificate of Good Standing)(ryc) (Entered: 10/10/2006)
10/10/2006113 RESPONSE in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Watkins, Hi-Tech Pharmaceuticals, Inc. filed by USA re 108 MOTION to Adopt Joint Motion to Transfer Related Case, 93 MOTION to Transfer (Attachments: # 1 Exhibit A (July 20, 2004 Holda transcript before Judge Carnes))(Danzig, Aaron) (Entered: 10/10/2006)
10/13/2006123 REPLY TO Government's RESPONSE to Motion as to Jared Robert Wheat, Stephen D. Smith, Sergio Oliveira, David Watkins, Hi-Tech Pharmaceuticals, Inc. filed by Defendants re: 93 Motion to Re-assign Case as a Related Case (Attachments: # 1 Attachment F)(Leach, Arthur) Modified on 10/17/2006 to add description to attachment (scg). (Entered: 10/13/2006)
10/16/2006127 ORDER as to Hi-Tech Pharmaceuticals, Inc. re 112 Application for Admission of Leslie V. Moore Pro Hac Vice, Signed by Judge Jack T. Camp on 10/16/06.(scg) (Entered: 10/16/2006)
10/23/2006134 PRETRIAL SCHEDULING ORDER as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Hi-Tech Pharmaceuticals, Inc. Pretrial Conference set for 11/13/2006 at 10:00 AM in Courtroom 1860 before Judge Linda T. Walker. Signed by Judge Linda T. Walker on 10/20/06.(scg) (Entered: 10/23/2006)
10/24/2006147 ORDER as to Hi-Tech Pharmaceuticals, Inc., granting 112 Application for Admission of Leslie V. Moore Pro Hac Vice, Signed by Judge Jack T. Camp on 10/24/06.(scg) (Entered: 10/24/2006)
10/26/2006155 NOTICE OF FILING Proffer of facts for Bond Appeal as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. re 148 Order, filed by Hi-Tech Pharmaceuticals, Inc. (Attachments: # 1 Attachment 1# 2 Attachment 2# 3 Attachment 3# 4 Attachment 4)(Leach, Arthur) Modified on 10/27/2006 to correct docket text to accurately reflect title of e-filed pleading (scg). (Entered: 10/26/2006)
10/27/2006157 MOTION by Stephen D. Smith and Hi-Tech Pharmaceuticals to Adopt co-defendant Steven Blinder's 134 MOTION to Extend the Pretrial Motions Deadline by Sixty (60) Days from Receipt of All Discovery and to Exclude the Time from Computation under the Speedy Trial Act. (Attachments: # 1 Attachment 1 - Blinder's Motion# 2 Attachment 2 - Blinder's Order)(Leach, Arthur) Modified on 10/31/2006 to correct docket text. (dfb) (Entered: 10/27/2006)
10/28/2006158 RESPONSE by USA to Steven Blinder's 124 First MOTION to Extend the Pretrial Motions Deadline by Sixty (60) Days from Receipt of All Discovery and to Exclude the Time from Computation under the Speedy Trial Act and Defendants Jared Wheat's 130 , Stephen D. Smith's 157 , Tomasz Holda's 139 , Sergio Oliveira's 135 , David Watkins' 150 and Hi-Tech Pharmaceuticals' 157 MOTIONS to Adopt Defendant Blinder's Motion. (Danzig, Aaron) Modified on 10/31/2006. (dfb) (Entered: 10/28/2006)
10/30/2006159 ORDER denying 93 Joint Motion to reassign case to Judge Carnes as being related to 1:04-cr-368 (USA v. Holda) as to Jared Robert Wheat (1), Stephen D. Smith (2), Tomasz Holda (3), Sergio Oliveira (4), David Watkins (7), Hi-Tech Pharmaceuticals, Inc. (12); granting 108 Motion to Adopt 93 Motion to reassign case as to Tomasz Holda (3). Signed by Judge Jack T. Camp on 10/27/06. (scg) (Entered: 10/30/2006)
11/09/2006  REMARK as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, and Hi-Tech Pharmaceuticals, Inc. re the 134 Pretrial Scheduling Order; The pretrial conference, which was previously scheduled for 11/13/06 has been CANCELLED. An order shall be issued regarding the new pretrial conference date. (slc) (Entered: 11/09/2006)
11/17/2006171 Sealed Document. (se) (Entered: 11/20/2006)
11/17/2006172 Sealed Document. (se) (Entered: 11/20/2006)
11/28/2006176 Sealed Document. (fap) (Entered: 11/30/2006)
11/28/2006177 Sealed Document. (fap) (Entered: 11/30/2006)
11/28/2006178 Sealed Document. (fap) (Entered: 11/30/2006)
11/29/2006175 ORDER as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Hi-Tech Pharmaceuticals, Inc.: Pretrial Conference continued to 1/5/2007 10:00 AM in Courtroom 1860 before Judge Linda T. Walker. Time excluded from 11/13/06 until 1/5/07. Signed by Judge Linda T. Walker on 11/29/06.(rsh) (Entered: 11/29/2006)
12/05/2006180 ORDER as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, and Hi-Tech Pharmaceuticals, Inc.: The court grants the defendants' oral request to extend the pretrial motions deadline for one week. Pretrial motions for all parties shall be filed on or before December 22, 2006. Time excluded from 12/15/06 until 12/22/06. Signed by Judge Linda T. Walker on 12/5/06.(ryc) Modified on 12/7/06 to correct docket text (ryc). (Entered: 12/06/2006)
12/21/2006189 Notice for Leave of Absence for the following date(s): Mar. 2, 2007, Mar. 3, 2007, Mar. 4, 2007, Mar. 5, 2007, Mar. 6, 2007, Mar. 7, 2007, Mar. 8, 2007, Mar. 9, 2007, Mar. 10, 2007, Mar. 11, 2007, Mar. 12, 2007, by Aaron M. Danzig. (Danzig, Aaron) (Entered: 12/21/2006)
12/22/2006203 Joint MOTION to Suppress Evidence Seized Pursuant to Constitutionally Deficient Warrants by Jared Robert Wheat as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Lietz, Warren) (Entered: 12/22/2006)
12/22/2006226  MOTION for Disclosure of Confidential Informants and to Compel Early Disclosure of 404(b) Evidence with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Leach, Arthur) (Entered: 12/22/2006)
12/26/2006233  MOTION Release of Assets Not Properly Seized with Brief In Supportby Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Affidavit James F. Hart)(Moore, Leslie) (Entered: 12/26/2006)
12/26/2006234  MOTION for Bill of Particulars with Brief In Supportby Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1-Letter to Danzig# 2 Exhibit 2-Letter from Danzig)(Moore, Leslie) (Entered: 12/26/2006)
12/26/2006235  MOTION to Adopt Certain Motions of its Co-Defendant, Sergio Oliveira with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1-Doc 210-Motion of Defendant Sergio Oliveira to Strike Surplusage from Indictment# 2 Exhibit 2-Doc 215-Defendant Oliveira's Motion for Particularized Discovery# 3 Exhibit 3-Doc 209-Defendant Oliveira's Motion for Disclosure of Exculpatory Evidence# 4 Exhibit 4-Doc 218-Motion of Defendant Oliveira to Dismiss Indictment or in the Alternative to Suppress Evidence)(Moore, Leslie) (Entered: 12/26/2006)
12/27/2006248  MOTION to permit out of time filing and declaration of technical difficulties by Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1-ECF 12-22-06# 2 Exhibit 2-ECF document 12-23-06# 3 Exhibit 3-Motion for Bill of Particulars# 4 Exhibit 4-Motion to Return Assets# 5 Exhibit 5-Motion to Adopt)(Moore, Leslie) (Entered: 12/27/2006)
01/02/2007250  MOTION to Adopt CO-DEFENDANT JARED R. WHEAT'S MOTION TO DISMISS COUNTS 2, 3, AND 34-41 by Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1-Doc 225-Wheat motion to dismiss)(Moore, Leslie) (Entered: 01/02/2007)
01/05/2007269 Minute Entry for proceedings held before Judge Linda T. Walker:Pretrial Conference as to Hi-Tech Pharmaceuticals, Inc. (Court Reporter Donna Keeble, Tape #LTW06-51@4023)(rsh) (Entered: 01/12/2007)
01/05/2007  ORAL ORDER as to Hi-Tech Pharmaceuticals, Inc. (12): Taking under advisement 203 Motion to Suppress Evidence, 226 Motion for Disclosure of Confidential Informants, 233 Motion for miscellaneous relief, 234 Motion for Bill of Particulars, 235 Motion to Adopt (govt has thru 2/5/07 to respond to these 5 motions). Granting 248 Motion for miscellaneous relief, 72 Motion for Extension of Time, 157 Motion for Extension of Time. Ruled upon by Judge Linda T. Walker on 1/5/07. (rsh) (Entered: 01/12/2007)
01/10/2007259 Notice for Leave of Absence for the following date(s): Feb. 7, 2007, Feb. 8, 2007 and Feb. 9, 2007, by Aaron M. Danzig. (Danzig, Aaron) (Entered: 01/10/2007)
01/16/2007286  MOTION to Dismiss Counts Hi-Tech Pharmaceuticals, Inc. (12) Count 2,34-41 with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Moore, Leslie) (Entered: 01/16/2007)
01/16/2007287  MOTION FOR PARTICULARIZED DISCOVERY with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit A-Danzig Index)(Moore, Leslie) (Entered: 01/16/2007)
01/16/2007289  MOTION to Dismiss Indictment OR IN THE ALTERNATIVE TO SUPPRESS EVIDENCE SEIZED IN BELIZE DUE TO GOVERNMENTAL MISCONDUCT with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Moore, Leslie) (Entered: 01/16/2007)
01/16/2007290  MOTION for Disclosure of EXCULPATORY EVIDENCE with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Moore, Leslie) (Entered: 01/16/2007)
01/16/2007291  MOTION to Strike SURPLUSAGE FROM INDICTMENT with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Moore, Leslie) (Entered: 01/16/2007)
01/16/2007292  MOTION to Sever Defendant Joint Motion of Defendants Wheat, Smith, Holda, Oliveira, D. Watkins, B. Watkins and Hi-Tech Pharmaceuticals, Inc., for Severance From Co-Defendants Young and Pech with Memorandum of Law In Support Thereof with Brief In Supportby Sergio Oliveira as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Watkins, Brad Watkins, Hi-Tech Pharmaceuticals, Inc.. (Cherniak, Leeza) (Entered: 01/16/2007)
01/18/2007297 ORDER as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Watkins, Brad Watkins, Steven Blinder, Hi-Tech Pharmaceuticals, Inc.: Status Conference set for 2/28/2007, 10:00 AM, in Courtroom 1860 before Judge Linda T. Walker. Signed by Judge Linda T. Walker on 1/18/07.(rsh) (Entered: 01/18/2007)
01/24/2007302 Sealed Document. (fap) (Entered: 01/24/2007)
01/24/2007303 Sealed Document. (fap) (Entered: 01/24/2007)
01/30/2007307  MOTION for Extension of Time time to respond to Defendants' motions by USA as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Watkins, Brad Watkins, Steven Blinder, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Text of Proposed Order)(Danzig, Aaron) (Entered: 01/30/2007)
01/31/2007308 NOTICE of intent to respond to the 307 Motion for extension of the motion response filing deadline by the Government as to Jared Robert Wheat, Stephen D. Smith, Hi-Tech Pharmaceuticals, Inc. filed by Hi-Tech Pharmaceuticals, Inc. (Moore, Leslie) Modified on 2/1/2007 to remove capitalization and link to motion (scg). (Entered: 01/31/2007)
02/02/2007309 RESPONSE by Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat, Stephen D. Smith, Hi-Tech Pharmaceuticals, Inc. re: 307 MOTION for Extension of Time (Moore, Leslie) (Entered: 02/02/2007)
02/05/2007310 ORDER granting 307 govt's Motion for Extension of Time to File briefs as to dfts' 75 pre-trial motions. Govt. directed to file any responses that are complete by 2/5/07; remaining responses to be filed by 2/26/07. Signed by Judge Linda T. Walker on 2/2/07. (rsh) (Entered: 02/05/2007)
02/05/2007311 RESPONSE in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc. filed by USA re 188 MOTION for Disclosure of Particularized Discovery and Memorandum of Law in Support Thereof, 227 MOTION to Adopt Co-Defendant's Stephen Smith's Motion for Particularized Discovery and Memorandum of Law In Support Thereof, 235 MOTION to Adopt Certain Motions of its Co-Defendant, Sergio Oliveira, 287 MOTION FOR PARTICULARIZED DISCOVERY, 261 MOTION for Disclosure of Particularized Discovery, 217 First MOTION for Discovery of Particularized items, 191 First MOTION for Discovery of Particularized information, 204 MOTION to Adopt Co-Defendant Tomasz Holda's Motion For Particularized Discovery and Memorandum of Law In Support Thereof, 272 MOTION for Disclosure of Particularized Discovery, 215 MOTION for Discovery Motion for Particularized Discovery and Memorandum of Law In Support Thereof (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Danzig, Aaron) (Entered: 02/05/2007)
02/05/2007313 RESPONSE in Opposition as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. filed by USA re 234 MOTION for Bill of Particulars (Attachments: # 1 Exhibit Planet Pharmacy ad citing GMP)(Danzig, Aaron) (Entered: 02/05/2007)
02/05/2007314 RESPONSE in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc. filed by USA re 186 MOTION to Strike re: 1 Indictment,,, Suplusage From Indictment and Memorandum of Law in Support Thereof, 291 MOTION to Strike SURPLUSAGE FROM INDICTMENT, 210 MOTION to Strike Surplusage From Indictment and Memorandum of Law in Support Thereof, 254 MOTION to Strike Surplusage From Indictment and Memorandum of Law In Support Thereof, 275 MOTION to Strike re: 1 Indictment,,, Surplusage, 216 MOTION to Strike Surplusage from Indictment with supporting memorandum, 194 MOTION to Strike re: 1 Indictment,,, (Danzig, Aaron) (Entered: 02/05/2007)
02/05/2007316 RESPONSE in Opposition as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. filed by USA re 203 MOTION to Suppress Evidence Seized from Wheat's residence and Hi-Tech's business (Attachments: # 1 Exhibit Consent Decree against Hi-Tech# 2 Exhibit Complaint for Forfeiture against Hi-Tech)(Danzig, Aaron) (Entered: 02/05/2007)
02/05/2007319 RESPONSE in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc. filed by USA re 281 MOTION to Dismiss Counts Sergio Oliveira (4) Count 2,34-41, 295 MOTION to Dismiss Counts Two and Thirty-Four Through Forty-One, 288 MOTION to Dismiss Counts Tomasz Holda (3) Count 2,34-41, 276 MOTION to Dismiss Count 2, 286 MOTION to Dismiss Counts Hi-Tech Pharmaceuticals, Inc. (12) Count 2,34-41, 225 MOTION to Dismiss Counts Jared Robert Wheat (1) Count 2,3,34-41, 260 MOTION to Dismiss Count 2 of the Indictment (Danzig, Aaron) (Entered: 02/05/2007)
02/05/2007320 RESPONSE in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc. filed by USA re 187 MOTION for Exculpatory and Impeaching Information and Memorandum of Law in Support Thereof, 256 MOTION for Disclosure of Exculpatory Evidence and Memorandum of Law In Support Thereof, 290 MOTION for Disclosure of EXCULPATORY EVIDENCE, 195 MOTION for Production of Brady Materials, 274 MOTION for Disclosure of Exculpatory Evidence, 214 MOTION for Production of Brady Materials, 209 MOTION for Disclosure of Exculpatory Evidence and Memorandum of Law in Support Thereof (Danzig, Aaron) (Entered: 02/05/2007)
02/05/2007321 RESPONSE in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc. filed by USA re 226 MOTION for Disclosure of Confidential Informants and to Compel Early Disclosure of 404(b) Evidence, 282 MOTION To Compel Disclosure of Informants and Rule 404(b) Evidence and Memorandum of Law in Support Thereof, 258 MOTION to Compel Disclosure of Informant Identities and Rule 404(b) Evidence, 279 MOTION to Compel Disclosure of Informant Identities and Rule 404(b) Evidence, 212 MOTION for (404b) Information of defendant or any co-defendant, 271 MOTION to Compel Disclosure of Informant Identities and Rule 404(b) Evidence and Memorandum of Law in Support, 293 MOTION to Compel Disclosure of Informant Identitites and Rule 404(b) Evidence (Danzig, Aaron) (Entered: 02/05/2007)
02/07/2007324 Government's Bill of Particulars as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc.by USA. (Phillips, John) (Entered: 02/07/2007)
02/07/2007325  MOTION Plaintiff's Application for an Order Regarding Criminal Forfeiture of Property in Government Custody by USA as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Text of Proposed Order)(Phillips, John) (Entered: 02/07/2007)
02/13/2007332 NOTICE of Leave of Absence as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc. filed by USA (Chartash, Randy) (Entered: 02/13/2007)
02/14/2007333 RESPONSE in Opposition as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. filed by USA re 233 MOTION Government's Response in Opposition to Motion for Release of Assets Filed by Defendants Wheat and Hi-Tech Pharmaceuticals (Phillips, John) (Entered: 02/14/2007)
02/20/2007342 REPLY TO RESPONSE to Motion as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. re: 203 Joint MOTION to Suppress Evidence Seized Pursuant to Constitutionally Deficient Warrants (Attachments: # 1 Exhibit A# 2 Exhibit B)(Lietz, Warren) (Entered: 02/20/2007)
02/20/2007343 REPLY TO RESPONSE to Motion as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. re: 225 MOTION to Dismiss Counts Jared Robert Wheat (1) Count 2,3,34-41 (Lietz, Warren) (Entered: 02/20/2007)
02/22/2007346 REPLY BRIEF as to Hi-Tech Pharmaceuticals, Inc. re 290 MOTION for Disclosure of EXCULPATORY EVIDENCE (Moore, Leslie) (Entered: 02/22/2007)
02/22/2007347 REPLY BRIEF as to Hi-Tech Pharmaceuticals, Inc. re 287 MOTION FOR PARTICULARIZED DISCOVERY (Moore, Leslie) (Entered: 02/22/2007)
02/22/2007348 REPLY TO RESPONSE to Motion as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. filed by Hi-Tech Pharmaceuticals, Inc. re: 226 MOTION for Disclosure of Confidential Informants and to Compel Early Disclosure of 404(b) Evidence, 293 MOTION to Compel Disclosure of Informant Identitites and Rule 404(b) Evidence (Moore, Leslie) (Entered: 02/22/2007)
02/22/2007349 REPLY TO RESPONSE to Motion as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. filed by Hi-Tech Pharmaceuticals, Inc. re: 234 MOTION for Bill of Particulars (Moore, Leslie) (Entered: 02/22/2007)
02/23/2007357 RESPONSE in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc. filed by USA re 292 MOTION to Sever Defendant (Chartash, Randy) (Entered: 02/23/2007)
02/23/2007358 RESPONSE in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Watkins, Brad Watkins, Steven Blinder, Hi-Tech Pharmaceuticals, Inc. filed by USA re 270 MOTION to Dismiss Indictment or in the Alternative to Suppress Evidence Seized in Belize Due to Government Misconduct and Memorandum of Law in Support, 257 MOTION to Dismiss Indictment or in the Alternative to Suppress Evidence, 218 MOTION to Dismiss Indictment or in the Alternative to Suppress Evidence Seized in Belize Due to Government Misconduct and Memorandum of Law in Support Thereof, 225 MOTION to Dismiss Counts Jared Robert Wheat (1) Count 2,3,34-41 (Chartash, Randy) (Entered: 02/23/2007)
02/23/2007359 Sealed Document. (fap) (Entered: 02/26/2007)
02/26/2007363 RESPONSE in Opposition as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. filed by Hi-Tech Pharmaceuticals, Inc. re 325 MOTION Plaintiff's Application for an Order Regarding Criminal Forfeiture of Property in Government Custody (Moore, Leslie) (Entered: 02/26/2007)
02/27/2007364 ORDER TO CONTINUE - Ends of Justice as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Watkins, Brad Watkins, Steven Blinder, Hi-Tech Pharmaceuticals, Inc. Time excluded from 2/28/07 until 5/22/07. Pretrial Conference continued to 5/22/2007 10:00 AM in Courtroom 1860 before Judge Linda T. Walker. Signed by Judge Linda T. Walker on 2/26/07.(rsh) (Entered: 02/27/2007)
03/05/2007370 REPLY TO RESPONSE to Motion as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. filed by Hi-Tech Pharmaceuticals, Inc. re: 233 MOTION (Moore, Leslie) (Entered: 03/05/2007)
03/05/2007371 Sealed Document. (fap) (Entered: 03/06/2007)
03/06/2007372  MOTION for Reconsideration of the sua sponte continuance of pretrial conference with Brief In Supportby Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat, Tomasz Holda, Hi-Tech Pharmaceuticals, Inc.. (Moore, Leslie) (Entered: 03/06/2007)
03/09/2007378 REPLY TO RESPONSE to Motion as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc. filed by USA re: 325 MOTION (Phillips, John) (Entered: 03/09/2007)
03/12/2007380 REPLY BRIEF as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. re 292 MOTION to Sever Defendant (Leach, Arthur) (Entered: 03/12/2007)
03/12/2007381 REPLY TO RESPONSE to Motion as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. filed by Hi-Tech Pharmaceuticals, Inc. re: 289 MOTION to Dismiss Indictment OR IN THE ALTERNATIVE TO SUPPRESS EVIDENCE SEIZED IN BELIZE DUE TO GOVERNMENTAL MISCONDUCT, 255 MOTION To Dismiss Indictment or In the Alternative To Suppress Evidence Seized In Belize Due to Governmental Misconduct and Memorandum of Law In Support Thereof, 230 MOTION to Adopt Co-Defendant Sergio Oliveira's Motion to Dismiss Indictment or in the Alternative to Suppress Evidence Seized in Belize Due to Governmental Misconduct and Memorandum of Law in Support Thereof (Leach, Arthur) (Entered: 03/12/2007)
03/13/2007382 TRANSCRIPT of Pretrial Conference Proceedings as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Watkins, Brad Watkins, Steven Blinder, Hi-Tech Pharmaceuticals, Inc. held on January 5, 2007 before Judge Linda T. Walker. Court Reporter: Donna C. Keeble. (original transcript filed in defendant Jared Wheat's file) (ryc) Modified on 3/13/2007 to add additional docket text (ryc). (Entered: 03/13/2007)
03/27/2007  Submission of 372 MOTION for Reconsideration of the sua sponte continuance of pretrial conference, 375 MOTION for Reconsideration of detention order, 373 MOTION for Reconsideration,Motion to Reconsider the Sua Sponte Continuance of Pretrial Conference as to Jared Robert Wheat, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc., submitted to Magistrate Judge Linda T. Walker. (rsh) (Entered: 03/27/2007)
03/28/2007388 Arrest Warrant Returned Executed on 9/14/06 as to Hi-Tech Pharmaceuticals, Inc. (ryc) (Entered: 03/30/2007)
04/03/2007389 ORDER denying 233 dfts' Motion for release of assets not properly seized; granting 325 govt Motion for order regarding criminal forfeiture of property in govt custody as to Jared Robert Wheat (1), Hi-Tech Pharmaceuticals, Inc. (12). Court orders U.S. and its agencies to maintain & preserve the seized assets until conclusion of instant criminal case, or until further Order of the Court. Signed by Judge Linda T. Walker on 4/3/07. (rsh) (Entered: 04/03/2007)
04/12/2007394 First MOTION to Compel production of discovery materials and for in camera review of certain reports of investigation with Brief In Supportby Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit List# 2 Exhibit 1-redaction letter dated february 9, 2007# 3 Exhibit 2-discovery letter dated march 16, 2007# 4 Exhibit 3-discovery letter dated march 26, 2007# 5 Exhibit 4-hi-tech request for disclosure letter dated november 27, 2007# 6 Exhibit 5-wheat request for disclosure letter dated november 27, 2006# 7 Exhibit 6-second declaration of Leslie V. Moore# 8 Exhibit 7a-DEA 6 (HT002041-HT002059)# 9 Exhibit 7b-search warrant inventory (HT000800-HT000803)# 10 Exhibit 7c-DEA 7a (HT002091)# 11 Exhibit 7d-DEA 7a (HT002106)# 12 Exhibit 7e-search warrant inventory (HT000789-HT000792)# 13 Exhibit 7f-DEA 7a (HT002107)# 14 Exhibit 7g-DEA 7a (HT002105)# 15 Exhibit 7h-DEA 6 (HT002065-HT002076)# 16 Exhibit 7i-Search warrant inventory (HT000874-HT000880)# 17 Exhibit 7j-DEA 6 (HT002077-HT002080)# 18 Exhibit 7k-DEA 6 (HT002083-HT002084)# 19 Exhibit 8-letter dated february 5, 2007 from danzig to leach# 20 Exhibit 9-email string dated february 21, 2007# 21 Exhibit 10-FDA redacted reports of investigation) (Moore, Leslie) (Entered: 04/12/2007)
04/13/2007395 APPEAL OF MAGISTRATE JUDGE DECISION to District Court as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. re 389 Order on Motion for Miscellaneous Relief,,, Appeal taken from case 1:06-CR-382. (Attachments: # 1 Exhibit 1 redacted seizure warrant# 2 Exhibit 2 affidavit of James F. Hart)(Leach, Arthur) (Entered: 04/13/2007)
04/16/2007  Submission of 395 Appeal of Magistrate Judge Decision to District Court, Criminal Case, as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc., submitted to District Judge Jack T. Camp. (rsh) (Entered: 04/16/2007)
04/19/2007398 Notice for Leave of Absence for the following date(s): June 11 through June 14, 2007, by Aaron M. Danzig. (Danzig, Aaron) (Entered: 04/19/2007)
04/20/2007402 Sealed Document. (fap) (Entered: 04/20/2007)
04/26/2007408 RESPONSE in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc. filed by USA re 394 MOTION to Compel (Chartash, Randy) (Entered: 04/26/2007)
05/07/2007414 REPLY TO RESPONSE to Motion as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. re: 394 First MOTION to Compel production of discovery materials and for in camera review of certain reports of investigation (Marcovitch, Robert) (Entered: 05/07/2007)
05/16/2007418 Application for Leave of Absence for the following date(s): June 25, 2007 through June 29, 2007, by Randy Scott Chartash. (Chartash, Randy) (Entered: 05/16/2007)
05/22/2007426 Minute Entry for proceedings held before Judge Linda T. Walker: Pretrial Conference as to Hi-Tech Pharmaceuticals, Inc. Granting 226 Motion for Disclosure of Confidential Informants as to Hi-Tech Pharmaceuticals, Inc. (12); granting in part and denying in part 234 Motion for Bill of Particulars as to Hi-Tech Pharmaceuticals, Inc. (12); denying 287 Motion for miscellaneous relief as to Hi-Tech Pharmaceuticals, Inc. (12); granting in part and denying in part 394 Motion to Compel as to Hi-Tech Pharmaceuticals, Inc. (12). (Court Reporter Nicholas Marrone.) (rsh) (Entered: 05/24/2007)
05/24/2007430 TRANSCRIPT of Pretrial Conference Proceedings as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. held on May 22, 2007 before Judge Linda T. Walker. Court Reporter: Nicholas A. Marrone. (ryc) (Entered: 05/25/2007)
06/06/2007437 Sealed Document. (rsh) (Entered: 06/07/2007)
06/07/2007438 Sealed Document. (rsh) (Entered: 06/07/2007)
06/22/2007453  MOTION for Extension of Time Within Which the Government Must Serve its Expert Witness Disclosures Under Fed.R. Crim. P. 16(a)(1)(G) by USA as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Text of Proposed Order) (Chartash, Randy) (Entered: 06/22/2007)
07/11/2007461 Notice for Leave of Absence for the following date(s): Aug. 1, 2007, Aug. 2, 2007, Aug. 3, 2007, Aug. 4, 2007, Aug. 5, 2007, and Aug. 6, 2007, by Aaron M. Danzig. (Danzig, Aaron) (Entered: 07/11/2007)
07/11/2007462 Government's Bill of Particulars as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc.by USA. (Phillips, John) (Entered: 07/11/2007)
07/16/2007463 Sealed Document. (fap) (Entered: 07/16/2007)
07/31/2007468 CONSENT ORDER granting consent motion for extention of time until 7/13/07 within which govt must serve its expert witness disclosures. See Order for additional ordered deadlines. Signed nunc pro tunc by Judge Linda T. Walker on 7/31/07. (rsh) (Entered: 07/31/2007)
08/13/2007475  MOTION to Modify Conditions of Release by Sergio Oliveira as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 proposed order) (McLean, Robert) (Entered: 08/13/2007)
08/21/2007480 CONSENT ORDER as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc: By agreement of the parties, the Court sets the following deadlines: Defendants' Objections to the Sufficiency of the Disclosures under Fed. R. Crim. P. 16(a)(1))G) shall be filed no later than September 21, 2007. Government's Response to Objections shall be filed no later than October 5, 2007. Defendants' Replies re: Objections shall be filed no later than October 15, 2007. Defendants' Daubert Motions shall be filed no later than October 29, 2007. Government's Responses to any Daubert Motions shall be filed no later than November 26, 2007. Defendants' Reply Briefs to the Government's Responses to their Daubert Motions shall be filed no later than December 10, 2007. Signed by Judge Linda T. Walker on 8/21/07. (ryc) (Entered: 08/23/2007)
09/21/2007486  MOTION to Join Defendant Sergio Oliveira's Motion for Modification of the Conditions of Release and Motion by Co-Defendants to be Heard at the Hearing on said motion by Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit A-Motion# 2 Exhibit B-Reply) (Moore, Leslie) (Entered: 09/21/2007)
09/26/2007487 ORDER RESERVING RULING on 486 defendants' Jared Wheat, Stephen Smith, Tomasz Holda, and Hi-Tech Pharmaceuticals Inc.'s Motion to join defendant Sergio Oliveira's Motion to Modify Conditions of Pretrial Release 475 and DENYING defendants' Motion to be heard at the September 27, 2007 hearing on defendant Oliveira's Motion. Signed by Judge Jack T. Camp on 9/26/07. (ryc) (Entered: 09/27/2007)
10/30/2007493 REPORT AND RECOMMENDATION and Order for Service as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Steven Blinder, Hi-Tech Pharmaceuticals, Inc.: Recommending denying 203 , 196 , 221 , 294 , 190 , 197 , 415 , 200 , 220 , 218 , 255 , 257 , 270 , 289 motions to dismiss indictment or suppress evidence seized. Recommend denying dft Blinder's 242 motion to suppress search. Denying dft Wheat's 404 motion to strike govt's sur-reply. Granting dfts Wheat, Hi-Tech, Smith, Oliveira, and Holda's 230 , 235 , 341 , 470 , 471 , 473 , 477 , 478 , 479 motions to adopt to extent they seek to adopt specifically identified filings submitted by other dfts as supplements to their own suppression motions. Signed by Judge Magistrate Judge Linda T. Walker on 10/29/07. (rsh) (Entered: 10/30/2007)
10/31/2007494 REPORT AND RECOMMENDATION and Order for Service as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Steven Blinder, Hi-Tech Pharmaceuticals, Inc.: Granting 201 , 228 , 235 , 250 motions to adopt. Recommending denying without prejudice 186 , 194 , 210 , 254 , 291 Motions to Strike Surplusage From Indictment. Recommending granting in part and denying in part 225 , 281 , 286 , 288 , 295 dfts' Motions to Dismiss Counts. Recommending denying as moot 243 dft Blinder's motion to dismiss Counts One and Two of indictment. Signed by Magistrate Judge Linda T. Walker on 10/30/07. (rsh) (Entered: 10/31/2007)
10/31/2007495 Consent MOTION for Extension of Time Time to File Objections to Reports and Recommendations and Page Limits re: 494 REPORT AND RECOMMENDATION as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Steven Blinder, Hi-Tech Pharmaceuticals, Inc. re 225 MOTION to Dismiss Counts Jared Robert Wheat (1) Count 2,3,34-41, 295 MOTION to Dismiss CountsREPORT AND RECOMMENDATION as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Steven Blinder, Hi-Tech Pharmaceuticals, Inc. re 225 MOTION to Dismiss Counts Jared Robert Wheat (1) Count 2,3,34-41, 295 MOTION to Dismiss CountsREPORT AND RECOMMENDATION as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Steven Blinder, Hi-Tech Pharmaceuticals, Inc. re 225 MOTION to Dismiss Counts Jared Robert Wheat (1) Count 2,3,34-41, 295 MOTION to Dismiss Counts, 493 REPORT AND RECOMMENDATION as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc., 492 REPORT AND RECOMMENDATION as to Jared Robert Wheat by Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc.. (Marcovitch, Robert) (Entered: 10/31/2007)
11/02/2007499 Minute Entry for proceedings (Ex Parte Hearing) held before Magistrate Judge Linda T. Walker as to Hi-Tech Pharmaceuticals, Inc. (Tape #LTW07-40@574.) (rsh) (Entered: 11/05/2007)
11/08/2007500 Notice for Leave of Absence for the following date(s): November 19, 2007 through November 23, 2007, by Aaron M. Danzig. (Danzig, Aaron) (Entered: 11/08/2007)
11/09/2007501 ORDER granting 495 , 496 , 497 Motions for Extension of Time to File objections to Report and Recommendation as to Jared Robert Wheat (1), Stephen D. Smith (2), Tomasz Holda (3), Sergio Oliveira (4), Hi-Tech Pharmaceuticals, Inc. (12). Deadline extended to 11/30/07. With respect to requests for add'l pages: dfts may file joint objections, not to exceed 60 pages or file individual objections not to exceed 25 pages each. Signed by Judge Jack T. Camp on 11/8/07. (rsh) (Entered: 11/09/2007)
11/20/2007504 Second MOTION to Compel Production of Discovery Materials with Brief In Supportby Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1-letter to danzig, # 2 Exhibit 2-moore declaration, # 3 Exhibit 3-belize computer correspondence, # 4 Exhibit 4-email to danzig) (Moore, Leslie) (Entered: 11/20/2007)
11/26/2007507 NOTICE OF ATTORNEY APPEARANCE Robert C. McBurney appearing for USA. (McBurney, Robert) (Entered: 11/26/2007)
11/30/2007511  MOTION to Withdraw Aaron M. Danzig as Attorney on behalf of USA as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Text of Proposed Order on Motion to Withdraw as Atty) (Danzig, Aaron) Modified on 11/30/2007 to correct docket text (fmm). Modified on 12/3/2007 (rsh). (Entered: 11/30/2007)
11/30/2007513  MOTION to Adopt Sergio Oliveira's Objections to the Magistrate Judge's Reports and Recommendations by Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Oliveira's Objections to the Magistrate Judge's Reports and Recommendations) (Lietz, Warren) (Entered: 11/30/2007)
11/30/2007514 OBJECTIONS TO 493 , 492 REPORT AND RECOMMENDATION as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. by Jared Robert Wheat (Attachments: # 1 Exhibit Ex. 1 First Belize Warrant, # 2 Exhibit Ex. 2 (Second Belize Warrant), # 3 Exhibit Ex. 3 (Feb. 5 Ltr), # 4 Exhibit Ex. 4 (Myvette Aff), # 5 Exhibit Ex. 5 (FDA ROIs), # 6 Exhibit Ex. 6 (DEA-6 re BZE Search), # 7 Exhibit Ex. 7 (Godfrey Aff.), # 8 Exhibit Ex. 8 (Kaseke Aff.), # 9 Exhibit Ex. 9 (DEA-7s re Drug Samples), # 10 Exhibit Ex. 10 (DEA-7 re Punch and Die), # 11 Exhibit Ex. 11 (DEA-6 Computers), # 12 Exhibit Ex. 12 (Michaels Photo), # 13 Exhibit Ex. 13 (BZE Lucas Ruling), # 14 Exhibit Ex. 14 (British Caselaw))(Marcovitch, Robert) (Entered: 11/30/2007)
12/05/2007519 ORDER granting 511 Motion to Withdraw as Attorney. Aaron M. Danzig withdrawn from case. Signed by Magistrate Judge Linda T. Walker on 12/5/07. (rsh) (Entered: 12/05/2007)
12/13/2007524 ORDER as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc.: (Status Conference set for 12/20/2007 10:00 AM before Magistrate Judge Linda T. Walker) Signed by Magistrate Judge Linda T. Walker on 12/12/07. (rsh) (Entered: 12/13/2007)
12/14/2007525  MOTION for Extension of Time to File Response/Reply to the Defendants' Objections to the Magistrate's Report and Recommendations by USA as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Text of Proposed Order) (Chartash, Randy) (Entered: 12/14/2007)
12/20/2007528 Minute Entry for proceedings held before Magistrate Judge Linda T. Walker, Status Conference as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc.: deferring ruling to District Judge on 505 Motion to strike conclusory and unsupported allegations set forth in a Government pleading that are reckless and inflammatory and have damaged Wheat's reputation and business as to Jared Robert Wheat (1); (Tape #LTW 07-43@ 2433.) (scg) (Entered: 12/26/2007)
12/21/2007529 Order GRANTING 394 First MOTION to Compel production of discovery materials and for in camera review of certain reports of investigation. Signed by Magistrate Judge Linda T. Walker on 12/21/2007 (ryc) (adg). Modified on 1/7/2008 to attach pdf document(adg). (Entered: 12/28/2007)
01/07/2008530 Notification of Docket Correction re 529 Order GRANTING 394 First MOTION to Compel production of discovery materials and for in camera review of certain reports of investigation. Modified on 1/7/2008 to attach pdf document. (adg) (Entered: 01/07/2008)
01/11/2008531 OBJECTIONS TO 493 REPORT AND RECOMMENDATION as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc. by USA (Chartash, Randy) (Entered: 01/11/2008)
01/17/2008532 NOTICE of Trial Calendar as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. Status conference scheduled for 2/7/2008 at 10:00 a.m. in Atlanta, GA before the Honorable Jack Camp. (ds) (Entered: 01/17/2008)
01/23/2008  TELECONFERENCE set as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, and Hi-Tech Pharmaceuticals, Inc. February 1, at 10:00 a.m. re Government's request to extend the deadline for providing Defendants with expert summary materials pursuant to FRCP 16(a)(1)(G). The court requests that only one attorney for each defendant participate in this conference (preferably lead counsel). Please contact the Chambers of Judge Linda T. Walker no later than 48 hours prior to the teleconference if the participating attorney is not lead counsel for the defendant. (slc) (Entered: 01/23/2008)
02/04/2008  Minute Entry for proceedings held before Magistrate Judge Linda T. Walker: Telephone Conference HELD as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, and Hi-Tech Pharmaceuticals, Inc. The parties informed the court that they were planning to present an order to District Court Judge Jack T. Camp requesting that the case be deemed complex. The court DIRECTED the parties to prepare a Consent Order providing a time-line for filing Daubert motions, and responses and replies thereto. The parties shall present this Consent Order to District Judge Jack T. Camp at the pretrial conference. The Government shall produce affidavit(s) filed in support of the search warrant issued for Hi-Tech Pharmaceuticals when/if a Superseding Indictment is filed. The Clerk is hereby DIRECTED to exclude from computation under the Speedy Trial Act, the period of delay from February 1, 2008 through February 7, 2008 pursuant to 18 U.S.C. 3161(h)(8)(A). (slc) (Entered: 02/04/2008)
02/07/2008539  MOTION to Declare Case Complex by USA as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc.. (Chartash, Randy) (Entered: 02/07/2008)
02/07/2008540 Petition for Leave of Absence for the following date(s): 5-16-2008, 7-7-2008 thru 7-18-2008, by Donald Franklin Samuel. (Samuel, Donald) (Entered: 02/07/2008)
02/07/2008548 Minute Entry for proceedings held before Judge Jack T. Camp: Pretrial Conference as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. Motion to declare case complex granted as to complexity - denied as to trial date recommendation. Estimated trial length is 6 weeks; specially set to begin 6/3/08, 9:30 am. Motions in limine to be filed by 5/21/08, w/responses due 5/28/08. Voir dire due 5/28/08. Demonstrative items to be used in openings due to opposing counsel 5/28/08. Motions regarding jury strikes due 5/1/08 w/responses due by 5/8/08. Motions for jury questionnaire due 5/1/08. (Court Reporter Lori Burgess.) (rsh) (Entered: 02/21/2008)
02/08/2008541 ORDER granting 539 Motion to Declare Case Complex as to Jared Robert Wheat (1), Stephen D. Smith (2), Tomasz Holda (3), Sergio Oliveira (4), Hi-Tech Pharmaceuticals, Inc. (12). As such, the standard time periods under the Speedy Trial Act are tolled until the commencement of the trial in this case. Pursuant to the pretrial conference held 2/7/08, trial is specially set to begin 6/3/08, and expected to last approximately 6 weeks. Signed by Judge Jack T. Camp on 2/8/08. (rsh) (Entered: 02/08/2008)
02/08/2008544 ORDER adopting 494 Magistrate Judge's Report and Recommendation as to Jared Robert Wheat (1), Stephen D. Smith (2), Tomasz Holda (3), Sergio Oliveira (4), Hi-Tech Pharmaceuticals, Inc. (12); denying without prejudice 186 , 194 , 210 , 254 , 291 Motions to Strike as to Jared Robert Wheat (1), Stephen D. Smith (2), Tomasz Holda (3), Sergio Oliveira (4), Hi-Tech Pharmaceuticals (12); granting in part and denying in part 225 , 281 , 286 , 288 , 295 Motions to Dismiss Counts as to Jared Robert Wheat (1), Stephen D. Smith (2), Tomasz Holda (3), Sergio Oliveira (4), Hi-Tech Pharmaceuticals, Inc. (12), dismissing Count 2. Dft Blinder's 243 motion to dismiss is denied as moot. Signed by Judge Jack T. Camp on 2/8/08. (rsh) (Entered: 02/08/2008)
02/08/2008545 Notice for Leave of Absence, by Robert C. McBurney. (McBurney, Robert) (Entered: 02/08/2008)
02/19/2008547 Application for Leave of Absence for the following date(s): April 7, 2008 through April 11, 2008, by Randy Scott Chartash. (Chartash, Randy) (Entered: 02/19/2008)
02/28/2008550 Second MOTION to Suppress Evidence Certain Evidence, and its Fruits, Seized in Belize, and Request for an Evidentiary Hearing by Jared Robert Wheat as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit DEA-6 HT-1027 -- HT1032, # 2 Exhibit FDA ROIs HT-008512 HT-008531, # 3 Exhibit Feb. 26, 2008 Letter to AUSA McBurney) (Marcovitch, Robert) (Entered: 02/28/2008)
03/04/2008552 NOTICE of Intention to Use 404(b) Evidence filed by USA as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. (Chartash, Randy) (Entered: 03/04/2008)
03/06/2008554 NOTICE OF ATTORNEY APPEARANCE Douglas White Gilfillan appearing for USA. (Gilfillan, Douglas) (Entered: 03/06/2008)
03/17/2008558 ORDER as to all defendants, adopting 493 Report and Recommendation, denying 196 Motion to Suppress as to Stephen D. Smith (2); denying 203 Joint Motion to Suppress Evidence as to Jared Robert Wheat (1), Hi-Tech Pharmaceuticals, Inc. (12); denying 190 , 197 , 415 Preliminary, 2nd and supplemental Motions to suppress as to Stephen D. Smith (2); denying 221 Motion to Suppress Evidence as to Sergio Oliveira (4); denying 218 , 255 , 257 , 270 , 289 Motions to Dismiss Indictment, or in the alternative to suppress evidence seized in Belize due to governmental misconduct as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, and Hi-Tech Pharmaceuticals, Inc.; denying 200 , 220 Motions to Suppress documentary evidence seized upon execution of search conducted in Belize as to Jared Robert Wheat and Stephen D. Smith; denying as moot 242 Motion to Suppress as to Steven Blinder (9); granting 525 Government's Motion for Extension of Time; granting 513 , 515 , 516 , 517 , 518 Motions to Adopt as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, and Hi-Tech Pharmaceuticals. Signed by Judge Jack T. Camp on 3/17/08. (scg) (Entered: 03/17/2008)
03/21/2008560  MOTION in Limine to Exclude Certain Expert Opinion Testimony Under Federal Rule of Evidence 702 by Jared Robert Wheat, Tomasz Holda, Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc.. (Marcovitch, Robert) (Entered: 03/21/2008)
03/24/2008564  DOCUMENT FILED IN ERROR APPLICATION for Admission of John T. Natter Pro Hac Vice. (Attachments: # 1 Proposed Order of Admission) (adg) Modified on 3/31/2008 re-docketed as to defendant Jared Wheat 566 (adg). (Entered: 03/26/2008)
03/25/2008563 RESPONSE in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc. filed by USA re 550 MOTION to Suppress Evidence and its Fruits, Seized in Belize and Request for an Evidentiary Hearing (Gilfillan, Douglas) (Entered: 03/25/2008)
03/26/2008567 SUPERSEDING INDICTMENT as to Jared Robert Wheat (1) count(s) 1s, 2s, 3s, 4s, 5s-14s, 15s-24s, 25s-35s, 36s-43s, 44s-46s, Stephen D. Smith (2) count(s) 1s, 2s, 3s, 5s-14s, 15s-24s, 25s-35s, 36s-43s, Tomasz Holda (3) count(s) 1s, 2s, 3s, 5s-14s, 15s-24s, 25s-35s, 36s-43s, Sergio Oliveira (4) count(s) 1s, 2s, 3s, 5s-14s, 15s-24s, 25s-35s, 36s-43s, Hi-Tech Pharmaceuticals, Inc. (12) count(s) 1s, 2s, 3s, 5s-14s, 15s-24s, 25s-35s, 36s-43s WITH FORFEITURE PROVISION. (adg) Modified on 4/16/2008 to add correct counts for dft #12 (adg). (Entered: 04/01/2008)
03/26/2008572 Defendant Information Sheet as to Hi-Tech Pharmaceuticals, Inc.. (adg) (Entered: 04/01/2008)
03/26/2008577 Request for Arraignment as to Hi-Tech Pharmaceuticals, Inc. (adg) (Entered: 04/01/2008)
03/26/2008  Counts added: Hi-Tech Pharmaceuticals, Inc. (12) count(s) 15s-24s, 25s-35s, 36s-43s (pursuant to superseding indictment) (adg) (Entered: 04/16/2008)
03/28/2008582 Summons Issued as to Hi-Tech Pharmaceuticals, Inc., Arraignment set for 4/7/2008 09:30 AM in Courtroom 2008 before Magistrate Judge Janet F. King. (adg) (Entered: 04/01/2008)
04/04/2008589 CONSENT ORDER as to govt/dfts deadlines. See Order for specific directives/dates. Signed by Magistrate Judge Linda T. Walker on 4/1/08. (rsh) (Entered: 04/04/2008)
04/07/2008597 Minute Entry for proceedings held before Magistrate Judge Janet F. King: ARRAIGNMENT, PLEA of NOT GUILTY by Hi-Tech Pharmaceuticals, Inc. (12) Count 1s,2s,3s,5s-14s,15s-24s, 25s-35s, 36s-43s. (Attachments: # 1 Plea of Not Guilty) (Tape #JFK #08-09 @ 1512.) (adg) Modified on 4/16/2008 to correct docket text (adg). (Entered: 04/08/2008)
04/08/2008592 ORDER as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc.: Pretrial Conference set for 4/29/2008 10:00 AM in Courtroom 1860 before Magistrate Judge Linda T. Walker. See Order for specific directives. Signed by Magistrate Judge Linda T. Walker on 4/8/08. (rsh) (Entered: 04/08/2008)
04/11/2008598 REPLY TO RESPONSE to Motion as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc. filed by Jared Robert Wheat re: 550 MOTION to Suppress Evidence and Request for an Evidentiary Hearing (Kelley, Victor) (Entered: 04/11/2008)
04/14/2008599 ORDER as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc., the parties are directed to file any pretrial motions on or before 4/28/2008. Signed by Magistrate Judge Linda T. Walker on 4/14/2008. (adg) (Entered: 04/15/2008)
04/24/2008602  MOTION for Extension of Time to File Response/Reply as to 590 Supplemental MOTION in Limine Under Federal Rule of Evidence 702, to Exclude Expert Opinion Testimony Proffered by the Government by USA as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Text of Proposed Order) (Gilfillan, Douglas) (Entered: 04/24/2008)
04/28/2008611  MOTION to Adopt Co-Defendant Jared R. Wheat's Motion for Disclosure of Evidence Concerning the Government's Wrongful Acquisition of Protected Information and Documents with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1-Doc 610 Wheat Motion For Disclosure) (Moore, Leslie) (Entered: 04/28/2008)
04/28/2008612  MOTION to Dismiss Counts Jared Robert Wheat (1) Count 5s-14s,15s-24s,25s-35s,36s-43s and Stephen D. Smith (2) Count 5s-14s,15s-24s,25s-35s,36s-43s and Tomasz Holda (3) Count 5s-14s,15s-24s,25s-35s,36s-43s and Sergio Oliveira (4) Count 5s-14s,15s-24s,25s-35s,36s-43s and Hi-Tech Pharmaceuticals, Inc. (12) Count 5s-14s,15s-24s,25s-35s,36s-43s of the Superseding Indictment for Lack of Venue with Brief In Supportby Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc.. (Moore, Leslie) (Entered: 04/28/2008)
04/28/2008615  MOTION to take Foreign Depositions Pursuant to Rule 15 of the Federal Rules of Criminal Procedure with Brief In Supportby Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc.. (Moore, Leslie) (Entered: 04/28/2008)
04/28/2008618  MOTION to Adopt Jared R. Wheat's Motion to Dismiss the Indictment or in the Alternative to Disqualify the Government's Attorneys and Suppress Wrongfully Obtained Information with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1 Doc 614 motion to dismiss) (Moore, Leslie) (Entered: 04/28/2008)
04/28/2008619  MOTION to File Motions in Limine Under Seal with Brief In Supportby Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc.. (Moore, Leslie) (Entered: 04/28/2008)
04/29/2008627 Minute Entry for proceedings held before Magistrate Judge Linda T. Walker: Pretrial Conference as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. Deferring ruling on 199 Motion for Misc. Relief as to Jared Robert Wheat (1); denying as moot 202 Motion to Adopt as to Jared Robert Wheat (1); denying as moot 229 Motion to Adopt as to Jared Robert Wheat (1); deferring ruling on 292 Motion to Sever Defendant as to Jared Robert Wheat (1); denying as moot 372 Motion for Reconsideration as to Jared Robert Wheat (1), Tomasz Holda (3); denying as moot 401 Motion for Leave to File as to Jared Robert Wheat (1); denying as moot 440 Motion for Misc. Relief as to Jared Robert Wheat (1); denying as moot 442 Motion for Misc. Refief as to Jared Robert Wheat (1); denying as moot 453 Motion for Extension of Time to File as to Jared Robert Wheat (1); denying as moot 459 Motion for Continuance of as to Jared Robert Wheat (1); denying as moot 475 Motion to Modify Conditions of Release as to Jared Robert Wheat (1); denying as moot 486 Motion for Misc. Relief as to Jared Robert Wheat (1); denying as moot 504 Motion to Compel as to Jared Robert Wheat (1); denying 505 Motion for Misc. Relief as to Jared Robert Wheat (1); taking under advisement 550 Motion to Suppress Evidence as to Jared Robert Wheat (1); taking under advisement 560 Motion in Limine as to Jared Robert Wheat (1); deferring ruling on 583 Motion for Reconsideration as to Jared Robert Wheat (1); deferring ruling on 586 Motion for Production as to Jared Robert Wheat (1); granting 588 Motion to Withdraw Attorney Robert Peter Marcovitch from case as to Jared Robert Wheat (1); taking under advisement 602 Motion for Extension of Time to File Response/Reply as to Jared Robert Wheat (1); taking under advisement 605 Motion to Suppress as to Jared Robert Wheat (1); taking under advisement 606 Motion to Strike as to Jared Robert Wheat (1); taking under advisement 607 Motion for Production as to Jared Robert Wheat (1); taking under advisement 608 Motion to Dismiss Counts as to Jared Robert Wheat (1); taking under advisement 609 Motion to Dismiss as to Jared Robert Wheat (1); taking under advisement 610 Motion for Disclosure as to Jared Robert Wheat (1); taking under advisement 612 Motion to Dismiss Counts as to Jared Robert Wheat (1), Hi-Tech Pharmaceuticals, Inc. (12); taking under advisement 613 Motion in Limine as to Jared Robert Wheat (1); taking under advisement 614 Motion to Dismiss Indictment of Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat (1); taking under advisement 616 Motion to Dismiss Counts as to Jared Robert Wheat (1); taking under advisement 620 Motion for Bill of Particulars as to Jared Robert Wheat (1); denying as moot 191 Motion for Discovery as to Stephen D. Smith (2); denying as moot 498 Motion for Extension of Time to File as to Stephen D. Smith (2); denying as moot 325 Motion as to Tomasz Holda (3); denying as moot 139 Motion to Adopt as to Tomasz Holda (3); granting 553 Motion to Adopt as to Sergio Oliveira (4); denying as moot 290 Motion for Disclosure as to Hi-Tech Pharmaceuticals, Inc. (12); taking under advisement 611 Motion to Adopt as to Hi-Tech Pharmaceuticals, Inc. (12); taking under advisement 615 Motion as to Hi-Tech Pharmaceuticals, Inc. (12). (Tape #08-25@5890.) (rsh) (Entered: 05/05/2008)
04/30/2008622  MOTION to Continue Trial Date with Brief In Supportby Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc.. (Moore, Leslie) (Entered: 04/30/2008)
05/01/2008623 RESPONSE as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc. filed by USA re: 622 MOTION to Continue Trial Date (Gilfillan, Douglas) (Entered: 05/01/2008)
05/01/2008624 NOTICE OF FILING Motion for Additional Peremptory Jury Strikes as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. (Strongwater, Jay) (Entered: 05/01/2008)
05/01/2008625 NOTICE OF FILING Proposed Jury Questionnaire as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. filed by Hi-Tech Pharmaceuticals, Inc. (Attachments: # 1 Exhibit A Juror Questionnaire)(Moore, Leslie) (Entered: 05/01/2008)
05/02/2008626 ORDER granting 622 Motion for Continuance of trial date as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. Proposed voir dire questions to be filed no later than 9/5/08. Pretrial Conference set for 9/10/2008 10:00 AM before Judge Jack T. Camp. Jury Trial set for 10/2/2008 09:30 AM in Courtroom 2106 before Judge Jack T. Camp. No further extensions or continuances will be granted. Signed by Judge Jack T. Camp on 5/1/08. (rsh) (Entered: 05/02/2008)
05/15/2008636 RESPONSE in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc. filed by USA re 583 MOTION for Reconsideration of this Court's Order Denying His Motion to Suppress Evidence and Its Fruits Siezed in Belize (Gilfillan, Douglas) (Entered: 05/15/2008)
05/16/2008637  APPLICATION for Admission of William B. Moffitt Pro Hac Vice (Application fee $150, receipt number 113E0000000001656747) as to Jared Robert Wheat (Attachments: # 1 Text of Proposed Order order for admission) (Leach, Arthur) Modified on 5/20/2008 to accurately reflect representation of one client (Jared Robert Wheat) (rsh). (Entered: 05/16/2008)
05/16/2008638 RESPONSE in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc. filed by USA re 560 MOTION in Limine to Exclude Certain Expert Opinion Testimony Under Federal Rule of Evidence 702, 590 Supplemental MOTION in Limine Under Federal Rule of Evidence 702, to Exclude Expert Opinion Testimony Proffered by the Government (Attachments: # 1 Exhibit A - Hays Declaration, # 2 Exhibit B - Winokur Declaration, # 3 Exhibit C - Ciolino Declaration, # 4 Exhibit D - 2005 Paper/Article, # 5 Exhibit E - 1965 Paper/Article, # 6 Exhibit F - 1970 Paper/Article, # 7 Exhibit G - 1971 Paper/Article, # 8 Exhibit H - 1975 Paper/Article, # 9 Exhibit I - 2004 Paper/Article, # 10 Exhibit J - 2005 Article, # 11 Exhibit K - USP Excerpt, # 12 Exhibit L - ASCLD Certifications)(Gilfillan, Douglas) (Entered: 05/16/2008)
05/30/2008643 RESPONSE in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc. filed by USA re 606 MOTION to Strike Surplusage from the Indictment (Superseding Indictment) (Chartash, Randy) (Entered: 05/30/2008)
05/30/2008646 RESPONSE in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. filed by USA re 607 MOTION for Production of Polygraph Examination Reports of Government Witnesses (Gilfillan, Douglas) (Entered: 05/30/2008)
05/30/2008647 RESPONSE in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. filed by USA re 612 MOTION to Dismiss Counts Jared Robert Wheat (1) Count 5s-14s,15s-24s,25s-35s,36s-43s and Stephen D. Smith (2) Count 5s-14s,15s-24s,25s-35s,36s-43s and Tomasz Holda (3) Count 5s-14s,15s-24s,25s-35s,36s-43s and Sergio Oliveira (4) Count 5s-14s,15s-24s,25 MOTION to Dismiss Counts Jared Robert Wheat (1) Count 5s-14s,15s-24s,25s-35s,36s-43s and Stephen D. Smith (2) Count 5s-14s,15s-24s,25s-35s,36s-43s and Tomasz Holda (3) Count 5s-14s,15s-24s,25s-35s,36s-43s and Sergio Oliveira (4) Count 5s-14s,15s-24s,25 MOTION to Dismiss Counts Jared Robert Wheat (1) Count 5s-14s,15s-24s,25s-35s,36s-43s and Stephen D. Smith (2) Count 5s-14s,15s-24s,25s-35s,36s-43s and Tomasz Holda (3) Count 5s-14s,15s-24s,25s-35s,36s-43s and Sergio Oliveira (4) Count 5s-14s,15s-24s,25 (Gilfillan, Douglas) (Entered: 05/30/2008)
05/30/2008648 RESPONSE in Opposition as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. filed by USA re 611 MOTION to Adopt Co-Defendant Jared R. Wheat's Motion for Disclosure of Evidence Concerning the Government's Wrongful Acquisition of Protected Information and Documents, 618 MOTION to Adopt Jared R. Wheat's Motion to Dismiss the Indictment or in the Alternative to Disqualify the Government's Attorneys and Suppress Wrongfully Obtained Information, 610 MOTION for Disclosure of Evidence Concerning the Government's Wrongful Acquisition of Protected Information and Documents, 614 MOTION to Dismiss Indictment or in the Alternative to Disqualify the Government's Attorneys and Suppress Wrongfully Obtained Information (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gilfillan, Douglas) (Entered: 05/30/2008)
05/30/2008649 RESPONSE in Opposition as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. filed by USA re 615 MOTION to take Foreign Depositions Pursuant to Rule 15 of the Federal Rules of Criminal Procedure (Gilfillan, Douglas) (Entered: 05/30/2008)
06/09/2008659 ORDER as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc: Daubert Hearing set for 6/30/2008 09:30 AM in Courtroom 1860 before Magistrate Judge Linda T. Walker. Parties Ordered to produce experts to testify at this hearing. Signed by Magistrate Judge Linda T. Walker on 6/6/08. (rsh) (Entered: 06/09/2008)
06/12/2008662 ORDER as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc.: At Daubert hearing scheduled for 6/30/08, 9:30 am, examination of expert witnesses shall be limited to lead counsel for dfts Wheat, Holda and Hi-Tech Pharmaceuticals, Inc. Court is allotting eight hours for completion of hearing. Signed by Magistrate Judge Linda T. Walker on 6/12/08. (rsh) (Entered: 06/12/2008)
06/13/2008665 REPLY TO RESPONSE to Motion as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. filed by Hi-Tech Pharmaceuticals, Inc. re: 615 MOTION to take Foreign Depositions Pursuant to Rule 15 of the Federal Rules of Criminal Procedure (Attachments: # 1 Exhibit 1 Cornejo Aff, # 2 Exhibit 2 Guillermo Pech Aff, # 3 Exhibit 3 Oscar Pech Aff, # 4 Exhibit 4 Dickie Bradley Aff, # 5 Exhibit 5 Pech passport and summerfield suites)(Moore, Leslie) (Entered: 06/13/2008)
06/13/2008669 REPLY TO RESPONSE to Motion as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. filed by Hi-Tech Pharmaceuticals, Inc. re: 612 MOTION to Dismiss Counts Jared Robert Wheat (1) Count 5s-14s,15s-24s,25s-35s,36s-43s and Stephen D. Smith (2) Count 5s-14s,15s-24s,25s-35s,36s-43s and Tomasz Holda (3) Count 5s-14s,15s-24s,25s-35s,36s-43s and Sergio Oliveira (4) Count 5s-14s,15s-24s,25 MOTION to Dismiss Counts Jared Robert Wheat (1) Count 5s-14s,15s-24s,25s-35s,36s-43s and Stephen D. Smith (2) Count 5s-14s,15s-24s,25s-35s,36s-43s and Tomasz Holda (3) Count 5s-14s,15s-24s,25s-35s,36s-43s and Sergio Oliveira (4) Count 5s-14s,15s-24s,25 MOTION to Dismiss Counts Jared Robert Wheat (1) Count 5s-14s,15s-24s,25s-35s,36s-43s and Stephen D. Smith (2) Count 5s-14s,15s-24s,25s-35s,36s-43s and Tomasz Holda (3) Count 5s-14s,15s-24s,25s-35s,36s-43s and Sergio Oliveira (4) Count 5s-14s,15s-24s,25 (Moore, Leslie) (Entered: 06/13/2008)
06/23/2008673 ORDER as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. re 662 Order, ORDER TO CONTINUE - Motion (Daubert) Hearing re-set for 7/14/2008 at 10:00 AM in Courtroom 1860 before Magistrate Judge Linda T. Walker. Time excluded from 6/20/08 until 7/14/08. Signed by Magistrate Judge Linda T. Walker on 6/20/08. (scg) (Entered: 06/23/2008)
07/01/2008676  MOTION in Limine to preclude the government from offering certain evidence in support of its expert's conclusions ,or, in the alternative, motion to compel production of documents underlying the DEA's laboratory testing with Brief In Supportby Hi-Tech Pharmaceuticals, Inc. as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit A Oct 12 letter, # 2 Exhibit B May 1 letter, # 3 Exhibit C May 5 letter, # 4 Exhibit D June 13 letter, # 5 Exhibit E June 30 email) (Moore, Leslie) (Entered: 07/01/2008)
07/18/2008  TELECONFERENCE set for Monday, July 21, 2008 at 10:00 a.m. as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, and Hi-Tech Pharmaceuticals, Inc. The court will contact lead counsel as listed on the public docket. If a different attorney sits in for lead counsel, please notify the court of that change prior to the teleconference. This teleconference is in regards to the status of the case, pending motions, and possible certification of the case for trial. (slc) (Entered: 07/18/2008)
07/28/2008  EMERGENCY TELECONFERENCE set for 7/28/2008 at 4:00 p.m. as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, and Hi-Tech Pharmaceuticals, Inc. The court will notify by telephone lead counsel for Stephen D. Smith, Tomasz Holda, and Sergio Oliveira; Counsel for the Government and for Jared Wheat and Hi-Tech Pharmaceuticals will appear in person as requested by the court. Please notify the court if a change is necessary in the teleconference participants. (slc) (Entered: 07/28/2008)
07/30/2008681 ORDER TO CONTINUE - the Daubert hearing as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. Time excluded from 7/28/08 until 8/11/08. Hearing re-set for 8/18-20/2008 at 9:30 AM before Magistrate Judge Linda T. Walker. Parties to file motions in limine by 8/18/08. Time excluded from 7/28/08 until 8/11/08. Status Conference set for 8/11/2008 at 11:30 AM before Magistrate Judge Linda T. Walker. Signed by Magistrate Judge Linda T. Walker on 7/30/08. (scg) (Entered: 07/30/2008)
08/08/2008  MINUTE NOTICE Setting Case for Tender of Plea as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, Hi-Tech Pharmaceuticals, Inc. Tender Plea Hearing set for 8/15/2008 at 10:00 AM in Courtroom 2106 before Judge Jack T. Camp. (hfm) (Entered: 08/08/2008)
08/11/2008684 Minute Entry for proceedings held before Magistrate Judge Linda T. Walker: Telephone/Status Conference as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. Request of continuation of 8/18/08 Daubert Hearing by dfts Wheat, Hi-Tech Pharmaceuticals DENIED. Parties notified Daubert Hearing will go forward pending offer/acceptance of guilty pleas by parties, currently set for 8/15/08. No cancellation of Daubert Hearings unless Court instructed by District Judge Jack T. Camp. (Tape #LTW08-38@2633) (rsh) (Entered: 08/11/2008)
08/15/2008692 Minute Entry for proceedings held before Judge Jack T. Camp: Change of Plea Hearing as to Hi-Tech Pharmaceuticals, Inc., PLEA of GUILTY by Hi-Tech Pharmaceuticals, Inc. (12), Guilty Count 1s. (Attachments: # 1 Change of Plea and Plea Agreement) (Court Reporter Lori Burgess.) (rsh) (Entered: 08/18/2008)
08/15/2008693 NOTICE OF SENTENCING Set as to Hi-Tech Pharmaceuticals, Inc. (12); Sentencing set for 10/21/2008 10:00 AM in Courtroom 2106 before Judge Jack T. Camp. (rsh) (Entered: 08/18/2008)
08/20/2008694 ORDER as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc.: Outstanding motions (see Order - numbers 199 through 676) terminated as withdrawn, in light of tendered guilty pleas. In event Court does not accept and adhere to plea agreements, withdrawn motions shall be reinstated in same posture as they presently exist. Signed by Magistrate Judge Linda T. Walker on 8/20/08. (rsh) (Entered: 08/20/2008)
09/25/2008702  MOTION to Continue Sentencing by USA as to Jared Robert Wheat, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc.. (McBurney, Robert) (Entered: 09/25/2008)
09/29/2008  MINUTE ORDER granting 702 Motion for Continuance of Sentencing Hearing as to Jared Robert Wheat (1), Tomasz Holda (3), Sergio Oliveira (4), Hi-Tech Pharmaceuticals, Inc. (12). Approved by Judge Jack T. Camp on 9/29/08. (hfm) (Entered: 09/29/2008)
09/29/2008  MINUTE NOTICE OF HEARING as to Jared Robert Wheat, Tomasz Holda, Hi-Tech Pharmaceuticals, Inc. Sentencing re-set for 12/9/2008 at 10:00 AM in Courtroom 2106 before Judge Jack T. Camp. (hfm) (Entered: 09/29/2008)
11/10/2008706  MOTION to Continue Sentencing Date for All Defendants by USA as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Text of Proposed Order) (McBurney, Robert) (Entered: 11/10/2008)
11/12/2008  MINUTE ORDER granting 706 Motion for Continuance of Sentencing Hearing as to Jared Robert Wheat (1) (Sentencing re-set for 1/20/2009 at 10:00 AM in ATLA Courtroom 2106 before Judge Jack T. Camp); Hi-Tech Pharmaceuticals, Inc. (12) (Sentencing re-set for 1/20/2009 at 10:00 AM in ATLA Courtroom 2106 before Judge Jack T. Camp); Tomasz Holda (3) (Sentencing re-set for 1/20/2009 at 10:00 AM in ATLA Courtroom 2106 before Judge Jack T. Camp); Stephen D. Smith (2) (Sentencing re-set for 1/20/2009 at 2:00 PM in ATLA Courtroom 2106 before Judge Jack T. Camp); Sergio Oliveira (4) (Sentencing re-set for 1/20/2009 at 2:00 PM in ATLA Courtroom 2106 before Judge Jack T. Camp). Approved by Judge Jack T. Camp on 11/12/08. (hfm) (Entered: 11/12/2008)
11/12/2008  MINUTE ORDER granting 706 Motion for Continuance of Sentencing Hearing as to David Brady (5) (Sentencing re-set for 1/21/2009 at 10:00 AM in ATLA Courtroom 2106 before Judge Jack T. Camp); David Watkins (7) (Sentencing re-set for 1/21/2009 at 10:00 AM in ATLA Courtroom 2106 before Judge Jack T. Camp); Brad Watkins (8) (Sentencing re-set for 1/21/2009 at 10:00 AM in ATLA Courtroom 2106 before Judge Jack T. Camp); David Johnson (6) (Sentencing re-set for 1/21/2009 at 2:00 PM in ATLA Courtroom 2106 before Judge Jack T. Camp); Steven Blinder (9) (Sentencing re-set for 1/21/2009 at 2:00 PM in ATLA Courtroom 2106 before Judge Jack T. Camp). Approved by Judge Jack T. Camp on 11/12/08. (hfm) (Entered: 11/12/2008)
01/15/2009712 Notice for Leave of Absence for the following date(s): March 9, 2009 through March 13, 2009, by Robert C. McBurney. (McBurney, Robert) (Entered: 01/15/2009)
01/16/2009715 Sealed Document. (ryc) (Entered: 01/16/2009)
01/16/2009716 Sealed Document. (ryc) (Entered: 01/16/2009)
01/16/2009717 Sealed Document. (ryc) (Entered: 01/16/2009)
01/16/2009718 Sealed Document. (ryc) (Entered: 01/16/2009)
01/20/2009719 NOTICE OF ATTORNEY APPEARANCE Michael John Brown appearing for USA. for asset forfeiture-related issues (Brown, Michael) (Entered: 01/20/2009)
01/20/2009720 PROPOSED CONSENT ORDER Consent Preliminary Order of Forfeiture as to Hi-Tech Pharmaceuticals, Inc. (Brown, Michael) (Entered: 01/20/2009)
01/20/2009721 Minute Entry for proceedings held before Judge Jack T. Camp: Sentencing as to Jared Robert Wheat (1), Stephen D. Smith (2), Tomasz Holda (3), Sergio Oliveira (4), Hi-Tech Pharmaceuticals, Inc (12). Court refused to accept binding plea agreements as to Jared Robert Wheat and Sergio Oliverira, directing said Defendants to advise the court by close of business 1/23/09 if they intend to continue w/Plea, or desire to be set for trial. Pleas accepted as to Smith, Holda and Hi-Tech and Judgments to follow. (Court Reporter Lori Burgess) (scg) (Entered: 01/21/2009)
01/20/2009747 CONSENT ORDER OF FORFEITURE as to Hi-Tech Pharmaceuticals, Inc. Dft shall forfeit to Govt following property: $3,000,000.00 in US Currency; all machinery, equipment, supplies and non-herbal pharmaceutical ingredients formerly connected w/operation of Target Data Processing, Ltd in Belize. Signed by Judge Jack T. Camp on 1/20/09. (rsh) (Entered: 02/04/2009)
02/03/2009744 Sealed Document. (ryc) (Entered: 02/03/2009)
02/03/2009745 Sealed Document. (ryc) (Entered: 02/03/2009)
02/04/2009746 JUDGMENT AND COMMITMENT as to Hi-Tech Pharmaceuticals, Inc. (12), Count(s) 1s, Probation 60 months w/standard conditions of supervision, special assessment $400.00. Count(s) 1, 14-23, 15s-24s, 2, 24-33, 25s-35s, 2s, 34-41, 36s-43s, 3s, 4-13, 42, 5s-14s, Dismissed on govt motion. Signed by Judge Jack T. Camp on 2/3/09. --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (rsh) (Entered: 02/04/2009)
03/17/2009767 Sealed Document. (ryc) (Entered: 03/23/2009)
03/27/2009771 NOTICE OF FILING Declaration of Publication of a Preliminary Order of Forfeiture as to Hi-Tech Pharmaceuticals, Inc. filed by USA (Brown, Michael) (Entered: 03/27/2009)
09/28/2009803 Notice for Leave of Absence for the following date(s): October 26, 2009--October 30, 2009, by Robert C. McBurney. (McBurney, Robert) (Entered: 09/28/2009)
10/19/2009806 Notice for Leave of Absence for the following date(s): November 3, 2009 through November 6, 2009, by Robert C. McBurney. (McBurney, Robert) (Entered: 10/19/2009)
04/12/2011836 Joint MOTION to Continue Show Cause Hearing by USA, Wells Fargo Bank, N.A. as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Text of Proposed Order) (Brennan, Robert) (Entered: 04/12/2011)
04/12/2011837 Joint MOTION to Continue Show Cause Hearing (Corrected) by USA, Wells Fargo Bank, N.A. as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Text of Proposed Order) (Brennan, Robert) (Entered: 04/12/2011)
05/20/2011841 Joint MOTION to Continue Show Cause Hearing by Wells Fargo Bank, N.A. as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Text of Proposed Order) (Brennan, Robert) (Entered: 05/20/2011)