| CLOSED |
Case title: USA v. KenAmerican Resource, et al |
Date Filed: 05/08/2002 Date Terminated: 11/03/2003 |
| Assigned to: Judge Joseph H. McKinley, Jr | ||
| Appeals court case numbers: '03-6594' 'USCA', '03-6596' 'USCA', '04-5036' '6th Circuit' | ||
Defendant (1) |
||
|
KenAmerican Resources, Inc.
TERMINATED: 11/03/2003 |
represented by | Clyde Bennett , II
Dinsmore & Shohl 255 E 5TH ST STE 1900 Cincinnati, OH 45202 513-977-8200 Fax: 977-8141 LEAD ATTORNEY ATTORNEY TO BE NOTICED John E. Jevicky Dinsmore & Shohl 255 E 5TH ST STE 1900 Cincinnati, OH 45202 513-977-8200 Fax: 977-8141 LEAD ATTORNEY ATTORNEY TO BE NOTICED R. Kenyon Meyer Dinsmore & Shohl LLP - Louisville 101 South Fifth Street, Suite 2500 Louisville, KY 40202 502-540-2325 Fax: 502-585-2207 Email: kenyon.meyer@dinslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Robert I. Cusick , Jr. Wyatt, Tarrant & Combs 500 W. Jefferson Street Suite 2600 Louisville, KY 40202 502-589-5235 Fax: 589-0309 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (1) |
,575.00 SPA | |
| 30:820(d) & 18:2 PENALTIES - 1ST OFFENSE (2-3) |
,575.00 SPA | |
| 30:820(d) & 18:2 PENALTIES - 1ST OFFENSE (4) |
,575.00 SPA | |
| 30:820(d) & 18:2 PENALTIES - 1ST OFFENSE (5-6) |
,575.00 SPA | |
| 30:820(d) & 18:2 PENALTIES - 1ST OFFENSE (7) |
,575.00 SPA | |
| 30:820(d) & 18:2 PENALTIES - 1ST OFFENSE (8-9) |
,575.00 SPA | |
| 30:820(d) & 18:2 PENALTIES - 1ST OFFENSE (10) |
,575.00 SPA | |
| 30:820(c) & 2 LIABILITY OF CORPORATE DIRECTORS AND OFFICERS (27) |
,575.00 SPA | |
Highest Offense Level (Opening) |
||
| Felony | ||
Terminated Counts |
Disposition |
|
| 18:1001(a)(2) & 2 STATEMENTS OR ENTRIES GENERALLY (11-26) |
||
| 18:1001(a)(1) & 2 STATEMENTS OR ENTRIES GENERALLY (28) |
||
Highest Offense Level (Terminated) |
||
| Felony | ||
Complaints |
Disposition |
|
| None |
Plaintiff |
||
| United States of America | represented by | Randy Ream
U.S. Attorney Office - Louisville 510 W. Broadway Louisville, KY 40202 502-582-6023 Fax: 502-582-5097 Email: randy.ream@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Terry M. Cushing U.S. Attorney Office - Louisville 510 W. Broadway Louisville, KY 40202 502-582-6936 Fax: 502-582-5067 Email: terry.cushing@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/08/2002 | 1 | INDICTMENT by USA Counts filed against KenAmerican Resource (1) count(s) 1, 2-4, 5-10, 11-26, 27, 28, William R. Mallicoat (2) count(s) 1, 2-4, 27, 28, Bobby Gibson (3) count(s) 1, 2-4, 5-10, 27, 28, Kenneth Tucker (4) count(s) 1, 2-4, 5-10, 11-26, 27, 28, Andrew S. Hickerson (5) count(s) 2-4, 5-10 (EAS) (Entered: 05/10/2002) |
| 05/10/2002 | 2 | SUMMONS issued as to KenAmerican Resource ;arraignment set for 10:00 5/23/02 for KenAmerican Resource before Mag Judge E. R. Goebel (EAS) (Entered: 05/10/2002) |
| 05/21/2002 | 10 | SUMMONS executed on 5/17/02 as to KenAmerican Resource (PJH) (Entered: 05/23/2002) |
| 05/24/2002 | 11 | ARRAIGNMENT ORDER, RECIPROCAL DISCOVERY ORDER AND PRETRIAL ORDER by Mag Judge E. R. Goebel; initial appearance and arraignment held on 5/23/02 as to dft KenAmerican; dft appeared with retained counsel R. Kenyon Meyer; dft entered a plea of not guilty; pretrial discovery and inspection ddl set for 5/31/02; motion for add'l discovery or inspection ddl set for 6/7/02; motions to suppress evidence ddl set for 6/17/02; all other defensive and pretrial motions ddl set for 6/24/02; trial memorandum, proposed jury instructions and proposed voir dire ddl set for 7/22/02; jury trial set for 9:00 7/29/02 for KenAmerican Resource before Judge Joseph H. McKinley Jr. ; proceedings recorded electronically (cc: all counsel, USM, USPO) (PJH) Modified on 05/24/2002 (Entered: 05/24/2002) |
| 05/24/2002 | 14 | ARRAIGNMENT ORDER, RECIPROCAL DISCOVERY ORDER AND PRETRIAL ORDER by Mag Judge E. R. Goebel; initial appearance and arraignment held on 5/23/02 as to dft Mallicoat; dft present with retained counsel Len W. Ogden; dft entered a plea of not guilty; pretrial discovery and inspection ddl set for 5/31/02; motion for add'l discovery or inspection ddl set for 6/7/02; motions to suppress evidence ddl set for 6/17/02; all other defensive and pretrial motions ddl set for 6/24/02; trial memorandum, proposed jury instructions and proposed voir dire ddl set for 7/22/02; jury trial set for 9:00 7/29/02 for William R. Mallicoat before Judge Joseph H. McKinley Jr. ; dft released on $25,000 unsecured bond; proceedings recorded electronically (cc: all counsel, USM, USPO) (PJH) (Entered: 05/24/2002) |
| 05/24/2002 | 18 | ARRAIGNMENT ORDER, RECIPROCAL DISCOVERY ORDER AND PRETRIAL ORDER by Mag Judge E. R. Goebel; initial appearance and arraignment held on 5/23/02 as to dft Tucker; dft present with retained counsel Charles E. Ricketts, Jr.; dft entered a plea of not guilty; pretrial discovery and inspection ddl set for 5/31/02; motion for add'l discovery or inspection ddl set for 6/7/02; motions to suppress evidence ddl set for 6/17/02; all other defensive and pretrial motions ddl set for 6/24/02; trial memorandum, proposed jury instructions and proposed voir dire ddl set for 7/22/02; jury trial set for 9:00 7/29/02 for Kenneth Tucker before Judge Joseph H. McKinley Jr. ; dft released; proceedings recorded electronically (cc: all counsel, USPO) (PJH) (Entered: 05/24/2002) |
| 05/24/2002 | 22 | ARRAIGNMENT ORDER, RECIPROCAL DISCOVERY ORDER AND PRETRIAL ORDER by Mag Judge E. R. Goebel; initial appearance and arraignment held on 5/23/02 as to dft Hickerson; dft present with retained counsel Charles E. Ricketts, Jr.; dft entered a plea of not guilty; pretrial discovery and inspection ddl set for 5/31/02; motion for add'l discovery or inspection ddl set for 6/7/02; motions to suppress evidence ddl set for 6/17/02; all other defensive and pretrial motions ddl set for 6/24/02; trial memorandum, proposed jury instructions and proposed voir dire ddl set for 7/22/02; jury trial set for 9:00 7/29/02 for Andrew S. Hickerson before Judge Joseph H. McKinley Jr. ; dft released; proceedings recorded electronically (cc: all counsel, USM, USPO) (PJH) (Entered: 05/24/2002) |
| 05/28/2002 | 23 | ORDER by Mag Judge E. R. Goebel; arraignment reset for 11:00 6/4/02 for Bobby Gibson before Mag Judge E. R. Goebel (cc: all counsel, USM, USPO) (PJH) (Entered: 05/28/2002) |
| 05/30/2002 | 24 | MOTION for attorney JOHN E. JEVICKY to appear pro hac vice by KenAmerican Resource; Affidavit in Support; order tendered (PJH) (Entered: 06/04/2002) |
| 06/06/2002 | 29 | RESPONSE (NO OBJECTION) by plaintiff USA regarding motion to appear pro hac vice [24-1] (PJH) (Entered: 06/10/2002) |
| 06/06/2002 | 30 | MOTION for attorney CLYDE BENNETT, II to appear pro hac vice by KenAmerican Resource; Affidavit in Support, FEE PAID; order tendered (PJH) (Entered: 06/10/2002) |
| 06/06/2002 | 31 | MOTION to continue 7/29/02 trial and to declare case complex by KenAmerican Resource, William R. Mallicoat, Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson; Memorandum in Support; order tendered (PJH) (Entered: 06/10/2002) |
| 06/06/2002 | 32 | MOTION to compel disclosure of statements of dft KenAmerican by KenAmerican Resource; order tendered (PJH) (Entered: 06/10/2002) |
| 06/07/2002 | 33 | NOTICE of Joinder by defendant KenAmerican Resource joining any and all motions that directly or indirectly implicate dft KenAmerican filed by any other dft in this matter (PJH) (Entered: 06/11/2002) |
| 06/07/2002 | 34 | MOTION to extend time to file any and all motions which may be pertinent by KenAmerican Resource; order tendered (PJH) (Entered: 06/11/2002) |
| 06/07/2002 | 35 | MOTION for disclosure of 404(b) and 609 evidence by KenAmerican Resource; order tendered (PJH) (Entered: 06/11/2002) |
| 06/07/2002 | 36 | MOTION for pretrial determination of conspiracy and evaluation of alleged statements by KenAmerican Resource; order tendered (PJH) (Entered: 06/11/2002) |
| 06/07/2002 | 37 | MOTION for pretrial Jencks Act disclosure by KenAmerican Resource; order tendered (PJH) (Entered: 06/11/2002) |
| 06/07/2002 | 38 | MOTION for disclosure of plea agreements and/or promises of leniency by KenAmerican Resource; order tendered (PJH) (Entered: 06/11/2002) |
| 06/07/2002 | 39 | MOTION for judicial determination of Jencks Act material by KenAmerican Resource; order tendered (PJH) (Entered: 06/11/2002) |
| 06/07/2002 | 40 | MOTION for immediate production of Brady material by KenAmerican Resource; order tendered (PJH) (Entered: 06/11/2002) |
| 06/07/2002 | 41 | MOTION to identify informants by KenAmerican Resource; order tendered (PJH) (Entered: 06/11/2002) |
| 06/07/2002 | 42 | MOTION for disclosure of all statements of alleged co-conspirators by KenAmerican Resource; order tendered (PJH) (Entered: 06/11/2002) |
| 06/07/2002 | 43 | MOTION for a bill of particulars by KenAmerican Resource; order tendered (PJH) (Entered: 06/11/2002) |
| 06/07/2002 | 44 | MOTION for leave to view scene by KenAmerican Resource; order tendered (PJH) (Entered: 06/11/2002) |
| 06/10/2002 | 28 | ORDER by Mag Judge E. R. Goebel granting motion for attorney JOHN E. JEVICKY to appear pro hac vice [24-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 06/10/2002) |
| 06/12/2002 | 45 | ORDER by Mag Judge E. R. Goebel granting motion for attorney CLYDE BENNETT, II to appear pro hac vice [30-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 06/12/2002) |
| 06/17/2002 | 46 | RESPONSE (NO OBJECTION) by plaintiff USA to motion to extend time to file any and all motions which may be pertinent [34-1] (PJH) (Entered: 06/18/2002) |
| 06/17/2002 | 47 | RESPONSE (OBJECTION) by plaintiff USA to motion for disclosure of 404(b) and 609 evidence [35-1] (PJH) (Entered: 06/18/2002) |
| 06/17/2002 | 49 | RESPONSE (OBJECTION) by plaintiff USA to motion for pretrial Jencks Act disclosure [37-1] (PJH) (Entered: 06/18/2002) |
| 06/17/2002 | 50 | RESPONSE (OBJECTION) by plaintiff USA to motion for disclosure of plea agreements and/or promises of leniency [38-1] (PJH) (Entered: 06/18/2002) |
| 06/17/2002 | 51 | RESPONSE (OBJECTION) by plaintiff USA to motion for judicial determination of Jencks Act material [39-1] (PJH) (Entered: 06/18/2002) |
| 06/17/2002 | 52 | RESPONSE (OBJECTION) by plaintiff USA to motion for immediate production of Brady material [40-1] (PJH) (Entered: 06/18/2002) |
| 06/17/2002 | 53 | RESPONSE (OBJECTION) by plaintiff USA to motion to identify informants [41-1] (PJH) (Entered: 06/18/2002) |
| 06/17/2002 | 54 | RESPONSE (OBJECTION) by plaintiff USA to motion for disclosure of all statements of alleged co-conspirators [42-1] (PJH) (Entered: 06/18/2002) |
| 06/17/2002 | 55 | RESPONSE (OBJECTION) by plaintiff USA to motion for a bill of particulars [43-1] (PJH) (Entered: 06/18/2002) |
| 06/17/2002 | 56 | RESPONSE (NO OBJECTION) by plaintiff USA to motion for leave to view scene [44-1] (PJH) (Entered: 06/18/2002) |
| 06/17/2002 | 48 | RESPONSE (OBJECTION) by plaintiff USA to motion to compel disclosure of statements of dft KenAmerican [32-1] (PJH) (Entered: 06/19/2002) |
| 06/17/2002 | 57 | RESPONSE (OBJECTION) by plaintiff USA to motion to continue 7/29/02 trial [31-1], motion to declare case complex [31-2] (PJH) (Entered: 06/19/2002) |
| 06/20/2002 | 58 | ORDER by Judge Joseph H. McKinley Jr. granting motion to compel disclosure of statements of dft KenAmerican [32-1]; USA directed to comply w/i 7 days of entry of this order (cc: all counsel, USM, USPO) (PJH) (Entered: 06/20/2002) |
| 06/20/2002 | 59 | ORDER by Judge Joseph H. McKinley Jr. granting motion to extend time to 7/2/02 file any and all motions which may be pertinent [34-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 06/20/2002) |
| 06/20/2002 | 60 | RESPONSE (OBJECTION) by plaintiff USA to motion for pretrial determination of conspiracy and evaluation of alleged statements [36-1] (PJH) (Entered: 06/24/2002) |
| 07/01/2002 | 66 | REPLY by defendant KenAmerican Resource to response to motion to continue 7/29/02 trial [31-1], motion to declare case complex [31-2] (PJH) (Entered: 07/05/2002) |
| 07/01/2002 | 67 | REPLY by defendant KenAmerican Resource to response to motion for disclosure of 404(b) and 609 evidence [35-1] (PJH) (Entered: 07/05/2002) |
| 07/01/2002 | 68 | REPLY by defendant KenAmerican Resource to response to motion for pretrial determination of conspiracy and evaluation of alleged statements [36-1] (PJH) (Entered: 07/05/2002) |
| 07/01/2002 | 69 | REPLY by defendant KenAmerican Resource to response to motion for pretrial Jencks Act disclosure [37-1] (PJH) (Entered: 07/05/2002) |
| 07/01/2002 | 70 | REPLY by defendant KenAmerican Resource to response to motion for disclosure of plea agreements and/or promises of leniency [38-1] (PJH) (Entered: 07/05/2002) |
| 07/01/2002 | 71 | REPLY by defendant KenAmerican Resource to response to motion for judicial determination of Jencks Act material [39-1] (PJH) (Entered: 07/05/2002) |
| 07/01/2002 | 72 | REPLY by defendant KenAmerican Resource to response to motion for immediate production of Brady material [40-1] (PJH) (Entered: 07/05/2002) |
| 07/01/2002 | 73 | REPLY by defendant KenAmerican Resource to response to motion to identify informants [41-1] (PJH) (Entered: 07/05/2002) |
| 07/01/2002 | 74 | REPLY by defendant KenAmerican Resource to response to motion for disclosure of all statements of alleged co-conspirators [42-1] (PJH) (Entered: 07/05/2002) |
| 07/01/2002 | 75 | REPLY by defendant KenAmerican Resource to response to motion for a bill of particulars [43-1] (PJH) (Entered: 07/05/2002) |
| 07/01/2002 | 76 | RESPONSE by plaintiff USA to motion to preserve and retain rough notes and memoranda of Government agents and witnesses [62-1] (PJH) (Entered: 07/05/2002) |
| 07/02/2002 | 80 | MOTION for production of copies of all statements of KenAmerican's employees by KenAmerican Resource; order tendered (PJH) (Entered: 07/05/2002) |
| 07/02/2002 | 81 | MOTION by defendant KenAmerican Resource to dismiss conspiracy count as to KenAmerican Resource (1) count(s) 1 by KenAmerican Resource ; order tendered (PJH) (Entered: 07/05/2002) |
| 07/02/2002 | 82 | MOTION by defendant KenAmerican Resource to dismiss count(s) as to KenAmerican Resource (1) count(s) 27, 28 by KenAmerican Resource ; order tendered (PJH) (Entered: 07/05/2002) |
| 07/03/2002 | 83 | RESPONSE (NO OBJECTION WITH EXCEPTIONS) by plaintiff USA to motion to adopt motion for leave to view scene [44-1], motion for a bill of particulars [43-1], motion for disclosure of all statements of alleged co-conspirators [42-1], motion to identify informants [41-1], motion for immediate production of Brady material [40-1], motion for judicial determination of Jencks Act material [39-1], motion for disclosure of plea agreements and/or promises of leniency [38-1], motion for pretrial Jencks Act disclosure [37-1], motion for pretrial determination of conspiracy and evaluation of alleged statements [36-1], motion for disclosure of 404(b) and 609 evidence [35-1], motion to continue 7/29/02 trial [31-1], motion to declare case complex [31-2] [63-1] (PJH) (Entered: 07/10/2002) |
| 07/03/2002 | 84 | RESPONSE (OBJECTION) by plaintiff USA to motion for notice of Government's intention to use evidence [64-1] (PJH) (Entered: 07/10/2002) |
| 07/08/2002 | 86 | RESPONSE (OBJECTION) by plaintiff USA to motion for notice of government's intention to use evidence [78-1] (PJH) (Entered: 07/10/2002) |
| 07/08/2002 | 87 | RESPONSE (OBJECTION WITH EXCEPTION) by plaintiff USA to motion to adopt motion for notice of Government's intention to use evidence [64-1], motion to adopt motion for leave to view scene [44-1], motion for a bill of particulars [43-1], motion for disclosure of all statements of alleged co-conspirators [42-1], motion to identify informants [41-1], motion for immediate production of Brady material [40-1], motion for judicial determination of Jencks Act material [39-1], motion for disclosure of plea agreements and/or promises of leniency [38-1], motion for pretrial Jencks Act disclosure [37-1], motion for pretrial determination of conspiracy and evaluation of alleged statements [36-1], motion for disclosure of 404(b) and 609 evidence [35-1], motion to continue 7/29/02 trial [31-1], motion to declare case complex [31-2] [63-1], motion to preserve and retain rough notes and memoranda of Government agents and witnesses [62-1], motion for leave to view scene [44-1], motion for a bill of particulars [43-1], motion for disclosure of all statements of alleged co-conspirators [42-1], motion to identify informants [41-1], motion for immediate production of Brady material [40-1], motion for judicial determination of Jencks Act material [39-1], motion for disclosure of plea agreements and/or promises of leniency [38-1], motion for pretrial Jencks Act disclosure [37-1], motion for pretrial determination of conspiracy and evaluation of alleged statements [36-1], motion for disclosure of 404(b) and 609 evidence [35-1], motion to continue 7/29/02 trial [31-1], motion to declare case complex [31-2] [79-1] (PJH) (Entered: 07/10/2002) |
| 07/09/2002 | FILE SUBMITTED to JHM (EAS) (Entered: 07/09/2002) | |
| 07/11/2002 | 89 | RESPONSE (OBJECTION) by plaintiff USA to motion for a bill of particulars [85-1] (PJH) (Entered: 07/15/2002) |
| 07/12/2002 | FILE RETURNED (EAS) (Entered: 07/12/2002) | |
| 07/12/2002 | FILE SUBMITTED to ERG (EAS) (Entered: 07/12/2002) | |
| 07/12/2002 | 88 | ORDER by Judge Joseph H. McKinley Jr. granting motion to continue 7/29/02 trial [31-1]; granting motion to declare case complex [31-2]; jury trial vacated on 7/12/02 ; all scheduling deadlines vacated (cc: all counsel, USM, USPO) (PJH) (Entered: 07/12/2002) |
| 07/16/2002 | 91 | RESPONSE (MOOT) by plaintiff USA to motion for production of copies of all statements of KenAmerican's employees [80-1] (PJH) (Entered: 07/18/2002) |
| 07/16/2002 | 92 | RESPONSE (OBJECTION) by plaintiff USA to motion by defendant KenAmerican Resource to dismiss count(s) as to KenAmerican Resource (1) count(s) 27, 28 [82-1] (PJH) (Entered: 07/18/2002) |
| 07/16/2002 | 93 | RESPONSE (OBJECTION) by plaintiff USA to motion by defendant KenAmerican Resource to dismiss conspiracy count as to KenAmerican Resource (1) count(s) 1 [81-1] (PJH) (Entered: 07/18/2002) |
| 07/18/2002 | 90 | ORDER by Mag Judge E. R. Goebel; telephonic conference set for 10:00 7/29/02 for KenAmerican Resource, for William R. Mallicoat, for Bobby Gibson, for Kenneth Tucker, for Andrew S. Hickerson before Mag Judge E. R. Goebel (cc: all counsel, USM, USPO) (PJH) (Entered: 07/18/2002) |
| 07/29/2002 | FILE RETURNED (EAS) (Entered: 07/29/2002) | |
| 07/31/2002 | 94 | ORDER by Mag Judge E. R. Goebel; telephonic pretrial conference held on 7/29/02; DN's 36,81,82 referred to Judge McKinley for determination; status report ddl set for 8/9/02 indicating which motions remain pending/resolved; replies to pending motions ddl set for 8/14/02; telephonic status conference set for 10:30 11/19/02 KenAmerican Resource, for William R. Mallicoat, for Bobby Gibson, for Kenneth Tucker, for Andrew S. Hickerson before Mag Judge E. R. Goebel; all defensive motions ddl set for 12/2/02; pretrial conference set for 1:30 4/17/03 for KenAmerican Resource, for William R. Mallicoat, for Bobby Gibson, for Kenneth Tucker, for Andrew S. Hickerson before Judge Joseph H. McKinley Jr.; trial memorandum, proposed jury instructions and proposed voir dire ddl set for 8/24/03; jury trial set for 9:00 4/28/03 for KenAmerican Resource, for William R. Mallicoat, for Bobby Gibson, for Kenneth Tucker, for Andrew S. Hickerson before Judge Joseph H. McKinley Jr. (cc: all counsel, USM, USPO) (PJH) (Entered: 07/31/2002) |
| 07/31/2002 | 95 | NOTICE by defendant KenAmerican Resourc's counsel R. Kenyon Meyer of change of address (PJH) (Entered: 07/31/2002) |
| 08/05/2002 | 96 | REPLY by defendant KenAmerican Resource to response to motion by defendant KenAmerican Resource to dismiss conspiracy count as to KenAmerican Resource (1) count(s) 1 [81-1] (PJH) (Entered: 08/07/2002) |
| 08/09/2002 | 97 | STATUS REPORT by defendants and plaintiff in compliance with Court's order of 7/31/02 (PJH) (Entered: 08/13/2002) |
| 08/14/2002 | 99 | REPLY by defendant KenAmerican Resource to response to motion by defendant KenAmerican Resource to dismiss count(s) as to KenAmerican Resource (1) count(s) 27, 28 [82-1], motion by defendant KenAmerican Resource to dismiss conspiracy count as to KenAmerican Resource (1) count(s) 1 [81-1] (PJH) (Entered: 08/19/2002) |
| 08/21/2002 | FILE SUBMITTED to JHM (EAS) (Entered: 08/21/2002) | |
| 09/13/2002 | 100 | ORDER by Judge Joseph H. McKinley Jr. denying motion by defendant KenAmerican Resource to dismiss conspiracy count as to KenAmerican Resource (1) count(s) 1 [81-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 09/13/2002) |
| 09/13/2002 | 101 | MEMORANDUM, Opinion and Order by Judge Joseph H. McKinley Jr. granting in part and denying in part [35-1] motion for disclosure of 404(b) (GRANTED) and 609 (DENIED) evidence; denying motion for pretrial determination of conspiracy and evaluation of alleged statements [36-1]; denying motion for pretrial Act disclosure [37-1]; granting motion for disclosure of plea agreements and/or promises of leniency [38-1],granting motion for immediate production of Brady material [40-1]; denying motion for judicial determination of Jencks Act material [39-1]; granting motion to preserve and retain rough notes and memoranda of Government agents [62-1]; denying motion for leave to view scene [44-1]; granting in part and denying in part [63-1] motion to adopt motion for leave to view scene [44-1], motion for a bill of particulars [43-1], motion for disclosure of all statements of alleged co-conspirators [42-1], motion to identify informants [41-1], motion for immediate production of Brady material [40-1], motion for judicial determination of Act material [39-1], motion for disclosure of plea agreements and/or promises of leniency [38-1], motion for pretrial Jencks Act disclosure [37-1], motion for pretrial determination of conspiracy and evaluation of alleged statements [36-1], motion for disclosure of 404(b) and 609 evidence [35-1], motion to continue 7/29/02 trial [31-1], and motion to declare case complex [31-2]; granting in part and denying in part [79-1] motion to adopt motion for notice Government's intention to use evidence [64-1], motion to adopt motion for leave to view scene [44-1], motion for a bill of particulars [43-1], motion for disclosure of all statements of alleged co-conspirators [42-1], motion to identify informants [41-1], motion for immediate production of Brady material [40-1], motion for judicial determination of Jencks Act material [39-1], motion for disclosure of agreements and/or promises of leniency [38-1], motion for pretrial Jencks Act disclosure [37-1], motion for pretrial determination of conspiracy and evaluation of alleged statements [36-1], motion for disclosure of 404(b) and 609 evidence [35-1], motion to continue 7/29/02 trial [31-1], motion to declare case complex [31-2] [63-1], motion to preserve and retain rough notes and memoranda of Government agents and witnesses [62-1], motion for leave to view scene [44-1], motion for a bill of particulars [43-1], motion for disclosure of all statements of alleged co-conspirators [42-1], motion to identify informants [41-1], motion for immediate production of Brady material [40-1], motion for judicial determination of Jencks Act material [39-1], for disclosure of plea agreements and/or promises of leniency [38-1], motion for pretrial Jencks Act disclosure [37-1], motion for pretrial determination of conspiracy and evaluation of alleged statements [36-1], motion for disclosure of 404(b) and 609 evidence [35-1], motion to continue 7/29/02 trial [31-1], motion to declare case complex [31-2]; finding the motion for notice of intention to use evidence [64-1] moot; finding the motion for notice of government's intention to use evidence [78-1] moot (cc: all counsel, USM, USPO) (PJH) (Entered: 09/13/2002) |
| 09/16/2002 | DOCUMENT NUMBER: 101 SUBMITTED to SA 006 (PRM) (Entered: 09/16/2002) | |
| 09/18/2002 | 103 | ORDER by Judge Joseph H. McKinley Jr.; pla's sur-replies to motions for bill of particulars [43-1] and [85-1] ddl set 10 days from entry of this order (cc: all counsel, USM, USPO) (PJH) (Entered: 09/18/2002) |
| 09/20/2002 | FILE RETURNED (PRM) (Entered: 09/20/2002) | |
| 09/27/2002 | 104 | MEMORANDUM, Opinion and Order: by Judge Joseph H. McKinley Jr. denying motion by defendant KenAmerican Resource to dismiss count(s) as to KenAmerican Resource (1) count(s) 27, 28 [82-1] (cc: all counsel, USM, USPO) (EAS) (Entered: 09/27/2002) |
| 09/30/2002 | 105 | SURREPLY by plaintiff to Gibson's and Kenamerican's motions for a bill of particulars [85-1] [43-1] (PJH) (Entered: 10/02/2002) |
| 10/31/2002 | 106 | MOTION to compel return of dft's original documents by KenAmerican Resource ; order tendered (PJH) (Entered: 11/01/2002) |
| 11/08/2002 | 107 | MOTION by defendant KenAmerican Resource to dismiss count(s) as to KenAmerican Resource (1) count(s) 11-26 by KenAmerican Resource ; order tendered (PJH) (Entered: 11/18/2002) |
| 11/15/2002 | 108 | UNOPPOSED MOTION to extend time to respond to dft's motion to compel return of dft's original documents to 11/22/02 by USA; order tendered (PJH) (Entered: 11/22/2002) |
| 11/21/2002 | 109 | RESPONSE (OBJECTION) by plaintiff to motion to compel return of dft's original documents [106-1] (PJH) (Entered: 11/22/2002) |
| 11/21/2002 | 111 | MOTION to extend time to 12/6/02 to respond to motion by defendant KenAmerican Resource to dismiss count(s) as to KenAmerican Resource (1) count(s) 11-26 by USA ; order tendered (PJH) (Entered: 11/25/2002) |
| 11/25/2002 | 110 | ORDER by Judge Joseph H. McKinley Jr. granting motion to extend time to respond to dft's motion to compel return of dft's original documents to 11/22/02 [108-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 11/25/2002) |
| 11/26/2002 | 112 | ORDER by Magistrate Judge E. R. Goebel; telephonic conference held on 11/19/02 ; joint report ddl set for 11/27/02 indicating whether DN's 41, 42, and 80 are moot or need ruling by the Court; agreed proposed scheduling order or joint report ddl set for 11/27/02; pla's compliance with order to provide Brady and Giglio materials to dfts ddl set for 11/27/02 (cc: all counsel, USM, USPO) (PJH) (Entered: 11/26/2002) |
| 11/26/2002 | 113 | ORDER by Judge Joseph H. McKinley Jr. granting motion to extend time to 12/6/02 to respond to motion by defendant KenAmerican Resource to dismiss count(s) as to KenAmerican Resource (1) count(s) 11-26 [111-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 11/26/2002) |
| 11/27/2002 | 114 | JOINT STATUS REPORT by defendants, plaintiff (EAS) (Entered: 12/04/2002) |
| 12/02/2002 | 115 | RESPONSE by plaintiff USA to motion by defendant KenAmerican Resource to dismiss count(s) as to KenAmerican Resource (1) count(s) 11-26 [107-1] (EAS) (Entered: 12/04/2002) |
| 12/04/2002 | REMARK Agreed Order regarding discovery and pretrial matters tendered (EAS) (Entered: 12/04/2002) | |
| 12/05/2002 | 116 | REPLY by defendant KenAmerican Resource to response to motion to compel return of dft's original documents [106-1] (EAS) (Entered: 12/06/2002) |
| 12/10/2002 | 117 | AGREED DISCOVERY ORDER and PRETRIAL ORDER by Judge Joseph H. McKinley Jr.; pla's Brady and Giglio materials ddl set for 11/27/02; dft KenAmerican's identification of materials subject to disclosure under FRCP 16 ddl set for 12/13/02; Dfts Mallicoat, Gibson, Tucker and Hickerson's identification of material subject to disclosure under FRCP 16 ddl set for 12/31/02; pla's disclosure of testimony ddl set for 1/2/03 and 3/3/03; dfts' disclosure of testimony ddl set for 2/3/03; motions pursuant to FRCP 12(b) ddl set for 1/6/03; motions in limine/evidentiary motions ddl set for 3/28/03; trial memorandum, proposed jury instructions and proposed voir dire ddl set for 3/28/03 (cc: all counsel, USM, USPO) (PJH) (Entered: 12/10/2002) |
| 12/13/2002 | 118 | MOTION for extension of time to 12/20/02 to reply to pla's response to motion to dismiss count(s) as to KenAmerican Resource (1) count(s) 11-26 by KenAmerican Resource, Kenneth Tucker, Andrew S. Hickerson; order tendered (PJH) (Entered: 12/17/2002) |
| 12/18/2002 | 119 | ORDER by Judge Joseph H. McKinley Jr. granting motion for extension of time to 12/20/02 to reply to pla's response to motion to dismiss count(s) as to KenAmerican Resource (1) count(s) 11-26 [118-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 12/18/2002) |
| 12/20/2002 | 120 | REPLY by defendant KenAmerican Resource to response to motion by defendant KenAmerican Resource to dismiss count(s) as to KenAmerican Resource (1) count(s) 11-26 [107-1] (PJH) (Entered: 12/23/2002) |
| 01/02/2003 | 122 | EXPERT WITNESS testimony by plaintiff (PJH) (Entered: 01/06/2003) |
| 01/06/2003 | 123 | MOTION to strike surplusage from the indictment by KenAmerican Resource; order tendered (PJH) (Entered: 01/08/2003) |
| 01/06/2003 | 124 | SECOND MOTION to strike surplusage from the indictment by KenAmerican Resource ; order tendered (PJH) (Entered: 01/08/2003) |
| 01/06/2003 | 125 | MOTION by defendant KenAmerican Resource to dismiss count(s) as to KenAmerican Resource (1) count(s) 11-26 by KenAmerican Resource ; order tendered (PJH) Modified on 01/08/2003 (Entered: 01/08/2003) |
| 01/06/2003 | 126 | PLEADING WITHDRAWN AND STRICKEN FROM RECORD (PJH) Modified on 01/22/2003 (Entered: 01/08/2003) |
| 01/08/2003 | 127 | MOTION to withdraw motion to dismiss because of selective prosecution [126-1] by defendant KenAmerican Resource AND to strike said motion by KenAmerican Resource; order tendered (PJH) (Entered: 01/13/2003) |
| 01/13/2003 | 128 | RESPONSE (NO OBJECTION) by plaintiff to motion to withdraw motion to dismiss because of selective prosecution [126-1] by defendant KenAmerican Resource [127-1], motion to strike said motion [127-2] (PJH) (Entered: 01/21/2003) |
| 01/21/2003 | 129 | MEMORANDUM, Opinion and Order by Judge Joseph H. McKinley Jr. denying motion to identify informants [41-1]; denying as moot motion for disclosure of all statements of alleged co-conspirators [42-1]; denying motion for a bill of particulars [43-1] denying as moot motion for production of copies of all statements of KenAmerican's employees [80-1]; denying motion to compel return of dft's original documents [106-1]; denying motion for a bill of particulars [85-1]; granting motion to adopt and incorporate motions filed by other co-dfts except any motions which involve the particularized standing of a dft [102-1] as to KenAmerican Resource, William R. Mallicoat, Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson (cc: all counsel, USM, USPO) (PJH) (Entered: 01/21/2003) |
| 01/21/2003 | 132 | MOTION to extend time to 1/28/03 to respond to motion to strike surplusage from the indictment, second motion to strike surplusage from the indictment, and motion by defendant KenAmerican Resource to dismiss count(s) as to KenAmerican Resource (1) count(s) 11-26 by USA; order tendered (PJH) (Entered: 01/24/2003) |
| 01/22/2003 | 130 | ORDER by Judge Joseph H. McKinley Jr. granting motion to withdraw motion to dismiss because of selective prosecution [126-1] by defendant KenAmerican Resource [127-1], granting motion to strike said motion [127-2] (cc: all counsel, USM, USPO) (PJH) (Entered: 01/22/2003) |
| 01/22/2003 | 131 | ORDER by Judge Joseph H. McKinley Jr.; motion by defendant KenAmerican Resource to dismiss count(s) as to KenAmerican Resource (1) count(s) 11-26 [107-1] and motion by defendant KenAmerican Resource to dismiss count(s) as to KenAmerican Resource (1) count(s) 11-26 [125-1] hearings set for 9:30 1/28/03 (cc: all counsel, USM, USPO) (PJH) (Entered: 01/22/2003) |
| 01/24/2003 | 133 | RESPONSE by pla in opposition to motion by dft KenAmerican Resource to dismiss counts as to KenAmerican Resource (1) counts 11-26 [125-1] (CDF) Modified on 01/29/2003 (Entered: 01/29/2003) |
| 01/24/2003 | 134 | RESPONSE by pla in opposition to motions to strike surplusage from the indictment [123-1], [124-1] (CDF) (Entered: 01/29/2003) |
| 01/27/2003 | 136 | UNITED STATES' RESPONSE TO DEFENDANT'S SECOND MOTION TO STRIKE SURPLUSAGE FROM THE INDICTMENT [124-1] (CDF) (Entered: 01/30/2003) |
| 01/30/2003 | 135 | ORDER by Judge Joseph H. McKinley Jr. granting motion to extend time to 1/28/03 to respond to motion to strike surplusage from the indictment, second motion to strike surplusage from the indictment, and motion by defendant KenAmerican Resource to dismiss count(s) as to KenAmerican Resource (1) count(s) 11-26 [132-1] (cc: all counsel, USM, USPO) (CDF) (Entered: 01/30/2003) |
| 01/31/2003 | 137 | REPLY by defendant KenAmerican Resource to response to motion by defendant KenAmerican Resource to dismiss count(s) as to KenAmerican Resource (1) count(s) 11-26 [125-1] and to motion by defendant KenAmerican Resource to dismiss count(s) as to KenAmerican Resource (1) count(s) 11-26 [107-1] (PJH) (Entered: 02/04/2003) |
| 02/03/2003 | 139 | NOTICE OF EXPERT WITNESS TESTIMONY by defendant KenAmerican Resource (PJH) (Entered: 02/06/2003) |
| 02/04/2003 | 140 | REPLY by defendant KenAmerican Resource to response to motion to strike surplusage from the indictment [123-1] (PJH) (Entered: 02/06/2003) |
| 02/07/2003 | 142 | REPLY by defendant to response to motion to strike surplusage from the indictment [124-1], motion to strike surplusage from the indictment [123-1] (PJH) (Entered: 02/11/2003) |
| 02/19/2003 | 144 | TRANSCRIPT of 1/28/03 motion hearing (PJH) (Entered: 02/19/2003) |
| 03/03/2003 | 146 | EXPERT WITNESS TESTIMONY by plaintiff (PJH) (Entered: 03/06/2003) |
| 03/26/2003 | 149 | MEMORANDUM, Opinion and Order: by Judge Joseph H. McKinley Jr. granting in part, denying in part [123-1] motion to strike surplusage from the indictment denying motion to strike surplusage from the indictment [124-1] (cc: all counsel, USM, USPO) (EAS) (Entered: 03/26/2003) |
| 03/28/2003 | 150 | MOTION to extend time to 4/14/03 to file trial memorandum by KenAmerican Resource; order tendered (PJH) (Entered: 03/31/2003) |
| 03/28/2003 | 151 | MOTION to exclude testimony of USA's experts by KenAmerican Resource ; order tendered (PJH) (Entered: 04/01/2003) |
| 03/28/2003 | 152 | MOTION in limine to exclude certain evidence by KenAmerican Resource ; order tendered (PJH) (Entered: 04/01/2003) |
| 03/31/2003 | 154 | MOTION to continue trial by KenAmerican Resource; memorandum in support; exhibits; order tendered (PJH) (Entered: 04/03/2003) |
| 04/02/2003 | 157 | SUPPLEMENTAL MOTION FOR CONTINUANCE by defendant KenAmerican Resource [154-1] (PJH) (Entered: 04/03/2003) |
| 04/04/2003 | 158 | MOTION for emergency protective order , and for emergency hearing by KenAmerican Resource ; order tendered (TLB) (Entered: 04/04/2003) |
| 04/07/2003 | 159 | ORDER by Judge Joseph H. McKinley Jr. granting in part, denying in part [158-1] motion for emergency protective order [158-1] (cc and faxed to all counsel, USM, USPO) (PJH) (Entered: 04/07/2003) |
| 04/08/2003 | 163 | AGREED ORDER by Judge Joseph H. McKinley Jr. granting motion to extend time to 4/14/03 to file trial memorandum [150-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 04/08/2003) |
| 04/11/2003 | 164 | RESPONSE (OBJECTION) by plaintiff to motion to exclude testimony of USA's experts [151-1] (PJH) (Entered: 04/15/2003) |
| 04/11/2003 | 165 | RESPONSE (OBJECTION) by plaintiff to motion to continue trial [154-1] (PJH) (Entered: 04/15/2003) |
| 04/11/2003 | 166 | RESPONSE (OBJECTION) by plaintiff to dft KenAmerican's supplemental motion for a continuance [157-1] (PJH) (Entered: 04/15/2003) |
| 04/11/2003 | 167 | RESPONSE (OBJECTION) by plaintiff to motion to continue trial by 60 days [162-1] (PJH) (Entered: 04/15/2003) |
| 04/14/2003 | 172 | MOTION to accept late filing re response to KenAmerican's motions in limine by USA; order tendered (PJH) (Entered: 04/16/2003) |
| 04/14/2003 | 173 | TRIAL MEMORANDUM by defendant KenAmerican Resource; joint (dfts) proposed jury instructions; joint (dfts) proposed voir dire (PJH) (Entered: 04/16/2003) |
| 04/14/2003 | 174 | TRIAL MEMORANDUM by plaintiff; proposed jury instructions; proposed voir dire (PJH) (Entered: 04/16/2003) |
| 04/15/2003 | 168 | ORDER by Judge Joseph H. McKinley Jr. denying motion to continue trial [154-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 04/15/2003) |
| 04/15/2003 | 169 | ORDER by Judge Joseph H. McKinley Jr. denying supplemental motion to continue trial [157-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 04/15/2003) |
| 04/15/2003 | 170 | ORDER by Judge Joseph H. McKinley Jr. denying motion to continue trial by 60 days [162-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 04/15/2003) |
| 04/16/2003 | 179 | RESPONSE (OBJECTION) by plaintiff to motion for reconsideration of order denying motion to continue trial [175-1] (PJH) (Entered: 04/18/2003) |
| 04/16/2003 | 180 | MOTION for order authorizing interview of Richard Baize and Edward Glenn Davis by USA ; order tendered (PJH) (Entered: 04/18/2003) |
| 04/17/2003 | 178 | REPLY by defendant KenAmerican Resource to pla's response to motion to continue [154-1] (PJH) (Entered: 04/18/2003) |
| 04/18/2003 | 182 | ORDER by Judge Joseph H. McKinley Jr. pretrial conference held on 4/18/03 ; granting motion for order authorizing interview of Richard Baize and Edward Glenn Davis [180-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 04/18/2003) |
| 04/24/2003 | 183 | ORDER by Judge Joseph H. McKinley Jr. ;pretrial conference set for 2:00 4/28/03 for KenAmerican Resource, for William R. Mallicoat, for Bobby Gibson, for Kenneth Tucker, for Andrew S. Hickerson before Judge Joseph H. McKinley Jr. ; jury trial set for 9:00 4/29/03 for KenAmerican Resource, for William R. Mallicoat, for Bobby Gibson, for Kenneth Tucker, for Andrew S. Hickerson before Judge Joseph H. McKinley Jr. (cc: all counsel, USM, USPO) (EAS) (Entered: 04/24/2003) |
| 04/24/2003 | 184 | MEMORANDUM, Opinion and Order: by Judge Joseph H. McKinley Jr. denying motion to exclude testimony of USA's experts or in the alternative for a Daubert hearing [151-1] (cc: all counsel, USM, USPO) (EAS) (Entered: 04/24/2003) |
| 04/24/2003 | 189 | ORDER by Judge Joseph H. McKinley Jr. granting motion to accept late filing re response to KenAmerican's motions in limine [172-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 04/24/2003) |
| 04/24/2003 | 190 | ORDER by Judge Joseph H. McKinley Jr. denying motion for reconsideration of order denying motion to continue trial [175-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 04/24/2003) |
| 04/24/2003 | 191 | ORDER by Judge Joseph H. McKinley Jr. granting motion for leave to adopt and incorporate dft KenAmerican's trial memorandum [176-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 04/24/2003) |
| 04/24/2003 | 192 | ORDER by Judge Joseph H. McKinley Jr. granting motion for leave to accept late filing of motion to adopt dft KenAmerican's trial memorandum [181-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 04/24/2003) |
| 04/25/2003 | 193 | TRANSCRIPT of 4/17/03 Motion for Continuance of Trial hearing (PJH) (Entered: 04/25/2003) |
| 04/25/2003 | 194 | MEMORANDUM, Opinion and Order: by Judge Joseph H. McKinley Jr. granting in part, denying in part [152-1] motion in limine to exclude certain evidence (cc: all counsel, USM, USPO) (PJH) (Entered: 04/25/2003) |
| 04/25/2003 | 197 | MOTION in limine prohibiting introduction of evidence concerning a death that resulted from a roof fall and an unsuccessful attempt by a miner to recover benefits for Black Lung by KenAmerican Resource ; order tendered (PJH) (Entered: 04/29/2003) |
| 04/25/2003 | 198 | MOTION by defendant KenAmerican Resource to dismiss count(s) as to KenAmerican Resource (1) count(s) 4, 7, 10 by KenAmerican Resource ; order tendered (PJH) (Entered: 04/29/2003) |
| 04/25/2003 | 199 | REPLY by defendant KenAmerican Resource to response to motion to exclude testimony of USA experts (PJH) (Entered: 04/29/2003) |
| 04/28/2003 | 196 | MOTION to quash subpoenas issued to Haile, Gamblin, Large, Hendley, Music, Dupree, Meadows, Wright and MSHA records custodian by USA ; order tendered (PJH) (Entered: 04/28/2003) |
| 04/29/2003 | 200 | OATH TO COURT REPORTER JANE BELCHER (PJH) (Entered: 04/29/2003) |
| 04/29/2003 | 201 | JURY PANEL RECORD (PJH) (Entered: 04/30/2003) |
| 04/29/2003 | 202 | SUPPLEMENT by plaintiff to motion to quash subpoenas duces tecum [196-1] (PJH) (Entered: 05/02/2003) |
| 05/05/2003 | SUBPOENA issued by defendant KenAmerican Resource as to: ROBERT SIMS (PJH) (Entered: 05/05/2003) | |
| 05/06/2003 | 203 | ORDER by Judge Joseph H. McKinley Jr. extending until further notice the term of 13 petit jurors impaneled for this trial (cc: all counsel) [Entry Date: 5/6/03] (PJH) (Entered: 05/06/2003) |
| 05/09/2003 | 204 | TRANSCRIPT of 5/7/03 Jury Trial (Vol. 5-B) filed by James A. Dale, Jr. (PJH) (Entered: 05/09/2003) |
| 05/13/2003 | 205 | MOTION for judgment of acquittal by KenAmerican Resource ; order tendered (PJH) (Entered: 05/14/2003) |
| 05/14/2003 | 206 | MODIFIED AND SUPPLEMENTAL PROPOSED JURY INSTRUCTIONS submitted by defendant KenAmerican Resource (PJH) (Entered: 05/14/2003) |
| 05/15/2003 | 209 | MOTION for judgment of acquittal by KenAmerican Resource (PJH) (Entered: 05/15/2003) |
| 05/21/2003 | 214 | JURY TRIAL Instructions (PJH) (Entered: 05/23/2003) |
| 05/21/2003 | 215 | VERDICT as to KenAmerican Resource, William R. Mallicoat, Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson jury finds dfts guilty as to counts 1-10 and 27-28 and not guilty as to counts 11, 17-23, and 25-26 (PJH) Modified on 05/28/2003 (Entered: 05/23/2003) |
| 05/21/2003 | 217 | TRANSCRIPT of 5/5/03 Trial (Vol. 3-A) (PJH) (Entered: 05/27/2003) |
| 05/21/2003 | 218 | TRANSCRIPT of 5/5/03 Trial (Vol. 3-B) (PJH) (Entered: 05/27/2003) |
| 05/21/2003 | 219 | TRANSCRIPT of 5/6/03 Trial (Vol. 4-A) (PJH) (Entered: 05/27/2003) |
| 05/21/2003 | 220 | TRANSCRIPT of 5/6/03 Trial (Vol. 4-B) (PJH) (Entered: 05/27/2003) |
| 05/21/2003 | 221 | TRANSCRIPT of 5/7/03 Trial (Vol. 5-A) (PJH) (Entered: 05/27/2003) |
| 05/21/2003 | 222 | TRANSCRIPT of 5/8/03 Trial (Vol. 6-A) (PJH) (Entered: 05/27/2003) |
| 05/21/2003 | 223 | TRANSCRIPT of 5/8/03 Trial (Vol. 6-B) (PJH) (Entered: 05/27/2003) |
| 05/21/2003 | 224 | TRANSCRIPT of 5/12/03 Trial (Vol. 7-A) (PJH) (Entered: 05/27/2003) |
| 05/21/2003 | 225 | TRANSCRIPT of 5/12/03 Trial (Vol. 7-B) (PJH) (Entered: 05/27/2003) |
| 05/21/2003 | 226 | TRANSCRIPT of 5/13/03 Trial (Vol. 8-A) (PJH) (Entered: 05/27/2003) |
| 05/21/2003 | 227 | TRANSCRIPT of 5/13/03 Trial (Vol. 8-B) (PJH) (Entered: 05/27/2003) |
| 05/21/2003 | 228 | TRANSCRIPT of 4/29/03 Trial (Vol. 1) (PJH) (Entered: 05/27/2003) |
| 05/21/2003 | 229 | TRANSCRIPT of 5/15/03 Trial (Vol. 10-A) (PJH) (Entered: 05/27/2003) |
| 05/21/2003 | 230 | TRANSCRIPT of 5/15/03 Trial (Vol. 10-B) (PJH) (Entered: 05/27/2003) |
| 05/22/2003 | 216 | JOINT MOTION to extend time to file post-trial motions by KenAmerican Resource, William R. Mallicoat, Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson ; order tendered (PJH) (Entered: 05/23/2003) |
| 05/22/2003 | 231 | RESPONSE (NO OBJECTION) by plaintiff USA to motion to extend time to file post-trial motions [216-1] (PJH) (Entered: 05/27/2003) |
| 05/28/2003 | 232 | ORDER by Judge Joseph H. McKinley Jr.; pretrial conference held on 4/28/03; jury trial held on 4/29/03 thru 5/21/03; sentencing hearing set for 9:00 9/22/03 for KenAmerican Resource, for William R. Mallicoat, for Bobby Gibson, for Kenneth Tucker, for Andrew S. Hickerson before Judge Joseph H. McKinley Jr. (cc: all counsel, USM, USPO) (PJH) (Entered: 05/28/2003) |
| 05/29/2003 | 233 | ORDER by Judge Joseph H. McKinley Jr. granting motion to extend time to file post-trial motions to 6/20/03 [216-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 05/29/2003) |
| 06/04/2003 | 234 | ORDER by Judge Joseph H. McKinley Jr. for payment to Mancino's Restaurant for jurors (lunch) in the amount of $76.57 (PRM) (Entered: 06/04/2003) |
| 06/06/2003 | 235 | TRANSCRIPT of 4/28/03 motion hearing (PJH) (Entered: 06/06/2003) |
| 06/20/2003 | 239 | MOTION by defendant KenAmerican Resource to arrest judgment ; for judgment of acquittal ; for new trial by KenAmerican Resource by KenAmerican Resource ; order tendered (PJH) (Entered: 06/24/2003) |
| 06/25/2003 | 244 | MOTION by defendant KenAmerican Resource for oral argument re motions for arrest of judgment, acquittal and new trial ; order tendered (PJH) (Entered: 06/30/2003) |
| 07/03/2003 | 246 | MOTION to extend time to 7/21/03 to respond to KenAmerican's motion by defendant KenAmerican Resource to arrest judgment, motion for judgment of acquittal, motion for new trial by KenAmerican Resource by USA ; order tendered (PJH) (Entered: 07/08/2003) |
| 07/16/2003 | FILE SUBMITTED to JHM (EAS) (Entered: 07/16/2003) | |
| 07/17/2003 | FILE RETURNED (EAS) (Entered: 07/17/2003) | |
| 07/18/2003 | 249 | ORDER by Judge Joseph H. McKinley Jr. granting motion to extend time to 7/21/03 to respond to KenAmerican's motion by defendant KenAmerican Resource to arrest judgment, motion for judgment of acquittal, motion for new trial by KenAmerican Resource [246-1] (cc: all counsel, USM, USPO) (PJH) (Entered: 07/18/2003) |
| 07/21/2003 | 250 | MOTION for leave to file response to post trial motions in excess of 25 pages by USA ; order tendered (PJH) (Entered: 07/23/2003) |
| 07/25/2003 | 251 | ORDER by Judge Joseph H. McKinley Jr. granting motion for leave to file response to post trial motions in excess of 25 pages [250-1] (cc: all counsel, USM, USPO) (EAS) (Entered: 07/25/2003) |
| 07/25/2003 | 252 | RESPONSE by plaintiff USA to motion to adopt motion for oral argument re motions for arrest of judgment, acquittal and new trial [244-1], motion [241-1], motion for judgment of acquittal [240-1], motion for judgment of acquittal [238-1], motion by defendant William R. Mallicoat to dismiss count(s) as to , William R. Mallicoat (2) count(s) 28 [237-1], motion for new trial by William R. Mallicoat [236-1], motion by defendant Bobby Gibson to arrest judgment on count 28 and related object of count 1 [243-1], motion for judgment of acquittal [242-1], motion by defendant KenAmerican Resource to arrest judgment [239-1], motion for judgment of acquittal [239-2], motion for new trial by KenAmerican Resource [239-3] [241-1], motion for judgment of acquittal [240-1], motion for judgment of acquittal [238-1], motion by defendant William R. Mallicoat to dismiss count(s) as to , William R. Mallicoat (2) count(s) 28 [237-1], motion for new trial by William R. Mallicoat [236-1], motion by defendant Bobby Gibson to arrest judgment on count 28 and related object of count 1 [243-1], motion for judgment of acquittal [242-1], motion by defendant KenAmerican Resource to arrest judgment [239-1], motion for judgment of acquittal [239-2], motion for new trial by KenAmerican Resource [239-3] (EAS) (Entered: 07/25/2003) |
| 07/25/2003 | FILE SUBMITTED to JHM (EAS) (Entered: 07/25/2003) | |
| 08/01/2003 | 254 | MOTION to extend time by 2 weeks to file objections to presentence reports of Mallicoat, Gibson, Tucker and Hickerson by USA; order tendered (PJH) (Entered: 08/01/2003) |
| 08/01/2003 | 255 | MOTION to extend time to 8/18/03 to reply to pla's response to dft's post-trial motions by KenAmerican Resource ; order tendered (PJH) (Entered: 08/01/2003) |
| 08/05/2003 | 257 | RESPONSE (OBJECTION) by William R. Mallicoat re 254 to USA's Motion for Extension of Time to File objections to presentence report (Attachments: # 1 Proposed Order)(PJH) (Entered: 08/06/2003) |
| 08/06/2003 | 259 | ORDER by Judge Joseph H. McKinley Jr. on 8/5/03; granting 255 Motion for Extension of Time to 8/18/03 to File reply to USA's response to KenAmerican Resources, Inc. (1) post trial motions (PJH) (Entered: 08/06/2003) |
| 08/06/2003 | 260 | RESPONSE (NO OBJECTION) 254 to USA's Motion for Extension of Time to File objections to presentence investigation report by Kenneth Tucker and Andrew S. Hickerson. (PJH) (Entered: 08/07/2003) |
| 08/14/2003 | 263 | MEMORANDUM stating no objection to 262 Motion for Leave to file memorandum in excess of 10 pages by William R. Mallicoat. (EAS) (Entered: 08/14/2003) |
| 08/15/2003 | 264 | ORDER by Judge Joseph H. McKinley Jr. on 8/13/03; granting 254 USA's Motion for Extension of Time to File objections to presentence reports to 8/19/03 as to William R. Mallicoat (2), Bobby Gibson (3), Kenneth Tucker (4), Andrew S. Hickerson (5) (PJH) (Entered: 08/15/2003) |
| 08/18/2003 | 267 | MOTION for Extension of Time to 9/2/03 by United States of America to file objections to presentence reports of William R. Mallicoat, Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson. Responses due by 8/26/2003 (Attachments: # 1 Proposed Order)(PJH) (Entered: 08/18/2003) |
| 08/18/2003 | 268 | TRANSCRIPT of Trial Proceedings (Vol. 9) held on 5/14/03 before Judge Joseph H. McKinley, Jr.. Court Reporter: H. Ruthe Potami. (PJH) (Entered: 08/18/2003) |
| 08/18/2003 | 272 | REPLY TO RESPONSE to Motion by Bobby Gibson re 243 Motion for arrest of judgment on Count 28 and related object of Count 1 by Bobby Gibson (PJH) (Entered: 08/19/2003) |
| 08/18/2003 | 274 | REPLY TO RESPONSE to Motion by Kenneth Tucker and Andrew S. Hickerson re 240 Motion for Acquittal (Attachments: # 1 Proposed Order)(PJH) (Entered: 08/19/2003) |
| 08/18/2003 | 275 | MOTION for Leave to File Excess Pages by KenAmerican Resources, Inc. Responses due by 9/5/2003 (Attachments: # 2 Proposed Order)(PJH) (Entered: 08/19/2003) |
| 08/19/2003 | 271 | ORDER by Judge Joseph H. McKinley Jr. on 8/19/03; granting 267 Motion for Extension of Time to 9/2/03 to File objections to presentence reports of William R. Mallicoat (2), Bobby Gibson (3), Kenneth Tucker (4), and Andrew S. Hickerson (5) (PJH) (Entered: 08/19/2003) |
| 08/20/2003 | 276 | RESPONSE (NO OBJECTION) to Motion by United States of America as to KenAmerican Resources, Inc. re 275 MOTION for Leave to File Excess Pages (PJH) (Entered: 08/21/2003) |
| 09/08/2003 | 277 | OBJECTION TO PRESENTENCE INVESTIGATION REPORT by KenAmerican Resources, Inc.. (PJH) (Entered: 09/09/2003) |
| 09/08/2003 | 278 | MOTION for Hearing on USPO's motion to continue sentencing hearing by KenAmerican Resources, Inc.. Responses due by 9/26/2003 (Attachments: # 1 Proposed Order)(PJH) (Entered: 09/09/2003) |
| 09/11/2003 | 279 | ORDER for proceedings held before Judge Joseph H. McKinley Jr.:Status Conference as to William R. Mallicoat, KenAmerican Resources, Inc., Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson held on 9/11/2003 Sentencings reset for 11/3/2003 09:00 AM in Courtroom before Judge Joseph H. McKinley Jr.. (PJH) (Entered: 09/11/2003) |
| 09/11/2003 | 280 | ORDER by Judge Joseph H. McKinley Jr. on 9/9/03 granting sentencing continuance as to William R. Mallicoat, KenAmerican Resources, Inc., Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson (PJH) (Entered: 09/11/2003) |
| 09/11/2003 | 281 | MOTION for Extension of Time to file objections to presentence report by United States of America as to KenAmerican Resources, Inc.. Responses due by 9/19/2003 (Attachments: # 1 Proposed Order)(PJH) (Entered: 09/12/2003) |
| 09/15/2003 | 282 | RESPONSE (OBJECTION) re 1 Proposed Order)(PJH) (Entered: 09/16/2003) |
| 09/18/2003 | 283 | ORDER by Judge Joseph H. McKinley Jr. on 9/17/03; granting 281 Motion for Extension of Time to File objections to presentence report as to KenAmerican Resources, Inc. (1) (PJH) (Entered: 09/18/2003) |
| 09/18/2003 | 284 | REPLY TO RESPONSE to Motion by United States of America as to William R. Mallicoat, KenAmerican Resources, Inc., Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson re 267 MOTION for Extension of Time to File by United States of America, William R. Mallicoat, KenAmerican Resources, Inc., Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson. (Attachments: # 1 Proposed Order)(PJH) (Entered: 09/19/2003) |
| 09/29/2003 | 285 | MOTION accept late filing of objections to Presentence Report of KenAmerican Resources by United States of America. Responses due by 10/17/2003 (Attachments: # 1 Proposed Order)(EAS) (Entered: 09/30/2003) |
| 10/15/2003 | 287 | MEMORANDUM OPINION by Joseph H. McKinley Jr. on 10/14/2003; motion by William R. Mallicoat for new trial 236 denied; motion by William R. Mallicoat to arrest judgment on Count 28 237 granted; motion by William R. Mallicoat for judgment of acquittal 238 granted in part and denied in part; motion by KenAmerican to arrest judgment, for judgment of acquittal and for new trial 239 granted in part and denied in part; motion by Kenneth Tucker for judgment of acquittal 240 granted in part and denied in part; motion by Kenneth Tucker and Andrew Hickerson to adopt and incorporate post trial motions of all codefendants 241 granted; motion by Bobby Gibson for judgment of acquittal 242 granted in part and denied in part; and motion by Bobby Gibson to arrest judgment on Count 28 243 granted. (EAS) (Entered: 10/15/2003) |
| 10/23/2003 | 288 | SENTENCING MEMORANDUM by United States of America as to William R. Mallicoat, KenAmerican Resources, Inc., Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson. (Attachments: # 3 Attachment 3)(PJH) (Entered: 10/24/2003) |
| 10/24/2003 | 291 | SENTENCING MEMORANDUM by KenAmerican Resources, Inc. (PJH) (Entered: 10/27/2003) |
| 11/03/2003 | 293 | Court's Advice of Right to Appeal as to KenAmerican Resources, Inc. (PJH) (Entered: 11/04/2003) |
| 11/03/2003 | 304 | JUDGMENT and COMMITMENT ORDER by Joseph H. McKinley Jr. on 11/20/03; Sentencing held on 11/3/2003 as to KenAmerican Resources, Inc. (1), Count(s) 1, 10, 2-3, 27, 4, 5-6, 7, 8-9, $1,575.00 SPA, fine $306,000.00; KenAmerican Resources, Inc. terminated. (PJH) (Entered: 11/20/2003) |
| 11/03/2003 | 313 | PRESENTENCE INVESTIGATION REPORT (Sealed) returned to the U.S. Probation Office pursuant to General Order of the Court number 99-2. by KenAmerican Resources, Inc.. (PJH) (Entered: 11/20/2003) |
| 11/07/2003 | 298 | MOTION for Extension of Time to File Notice of Appeal to 12/14/03 by United States of America. Responses due by 11/17/2003 (Attachments: # 1 Proposed Order)(PJH) (Entered: 11/13/2003) |
| 11/14/2003 | 299 | RESPONSE to Motion by KenAmerican Resources, Inc. re 1 Proposed Order)(PJH) (Entered: 11/14/2003) |
| 11/14/2003 | 300 | MOTION for Extension of Time to File notice of appeal by KenAmerican Resources, Inc.. Responses due by 11/24/2003 (Attachments: # 1 Proposed Order)(PJH) (Entered: 11/14/2003) |
| 11/14/2003 | 301 | NOTICE OF APPEAL by United States of America re 287 Memorandum Opinion and Order entered 10/15/03 (PJH) (Entered: 11/17/2003) |
| 11/24/2003 | 314 | NOTICE OF CROSS APPEAL by KenAmerican Resources, Inc. re 287 Order Filing fee $ 255. (MLG) (Entered: 12/01/2003) |
| 11/26/2003 | 317 | NOTICE OF APPEAL by KenAmerican Resources, Inc. re 304 Judgment & Commitment Order; Filing fee $ 255. (MLG) (Entered: 12/01/2003) |
| 11/26/2003 | 318 | TRANSCRIPT of Sentencing Proceedings held on 11/3/2003 before Judge Joseph H. McKinley, Jr.. Court Reporter: Ruth Potami. as to William R. Mallicoat, KenAmerican Resources, Inc., Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson. (MLG) (Entered: 12/01/2003) |
| 12/09/2003 | 323 | Transmission of Notice of Appeal as to William R. Mallicoat, KenAmerican Resources, Inc., Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson to US Court of Appeals re 301 Notice of Appeal - Final Judgment (PJH) (Entered: 12/09/2003) |
| 12/09/2003 | 324 | Transmission of Notice of Appeal as to KenAmerican Resources, Inc. to US Court of Appeals re 314 Notice of Appeal - Final Judgment (PJH) (Entered: 12/09/2003) |
| 12/09/2003 | 326 | Transmission of Notice of Appeal as to KenAmerican Resources, Inc. to US Court of Appeals re 317 Notice of Appeal - Final Judgment (PJH) (Entered: 12/09/2003) |
| 12/09/2003 | 328 | MEMORANDUM sent to USA requesting designation of record w/i 7 days of receipt of appeals packet (DN 301)(PJH) (Entered: 12/09/2003) |
| 12/09/2003 | 329 | MEMORANDUM sent to dft KenAmerican's counsel requesting designation of record w/i 7 days of receipt of appeals packet (DN 314 and 317) (PJH) (Entered: 12/09/2003) |
| 12/12/2003 | 333 | DESIGNATION OF RECORD ON APPEAL by William R. Mallicoat, KenAmerican Resources, Inc., Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson re 317 Notice of Appeal - Final Judgment, 320 Notice of Appeal - Final Judgment (PJH) (Entered: 12/16/2003) |
| 12/16/2003 | 334 | DESIGNATION OF RECORD ON APPEAL by United States of America as to William R. Mallicoat, KenAmerican Resources, Inc., Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson re 1 Docket Sheet)(PJH) (Entered: 12/17/2003) |
| 12/19/2003 | 335 | DESIGNATION OF RECORD ON APPEAL by KenAmerican Resources, Inc. re 314 Notice of Appeal - Final Judgment (PJH) (Entered: 12/19/2003) |
| 12/22/2003 | 336 | USCA Case Number as to William R. Mallicoat, KenAmerican Resources, Inc., Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson 03-6595 for 301 Notice of Appeal - Final Judgment filed by United States of America. (PJH) (Entered: 12/22/2003) |
| 12/22/2003 | 337 | USCA Case Number as to KenAmerican Resources, Inc. 03-6596 for 314 Notice of Cross-Appeal - Final Judgment filed by KenAmerican Resources, Inc.. (PJH) (Entered: 12/22/2003) |
| 12/22/2003 | 345 | USCA Case Number as to KenAmerican Resources, Inc. 03-6594 for 317 Notice of Appeal - Final Judgment filed by KenAmerican Resources, Inc.. (PJH) (Entered: 12/23/2003) |
| 12/29/2003 | 350 | NOTICE OF APPEAL by KenAmerican Resources, Inc. (PJH) (Entered: 01/05/2004) |
| 01/06/2004 | 354 | Transmission of Notice of Appeal and Docket Sheet as to KenAmerican Resources, Inc. to US Court of Appeals re 350 Notice of Appeal - Final Judgment (PJH) (Entered: 01/06/2004) |
| 01/06/2004 | 357 | MEMORANDUM sent to Terry Cushing requesting designation of record w/i 7 days of receipt of appeals packetas to KenAmerican Resources, Inc.. (PJH) (Entered: 01/06/2004) |
| 01/09/2004 | 361 | ORDER by Joseph H. McKinley Jr. on 1/8/04 granting 300 Motion for Extension of Time to File Notice of Appeal as to KenAmerican Resources, Inc. (1) (PJH) (Entered: 01/09/2004) |
| 01/09/2004 | 362 | ORDER by Joseph H. McKinley Jr. on 12/29/03; granting 298 Motion for Extension of Time to File Notice of Appeal as to KenAmerican Resources, Inc. (1), William R. Mallicoat (2), Bobby Gibson (3), Kenneth Tucker (4), Andrew S. Hickerson (5) (PJH) (Entered: 01/09/2004) |
| 01/14/2004 | 365 | TRANSCRIPT REQUEST by KenAmerican Resources, Inc. (PJH) (Entered: 01/15/2004) |
| 01/14/2004 | 366 | TRANSCRIPT of Trial (Vol. 11) Proceedings held on 5/16/03 before Judge Joseph H. McKinley, Jr. Court Reporter: H. Ruthe Potami as to William R. Mallicoat, KenAmerican Resources, Inc., Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson. (PJH) (Entered: 01/15/2004) |
| 01/14/2004 | 367 | TRANSCRIPT of Trial (Vol. 12)` Proceedings held on 5/19/03 before Judge Joseph H. McKinley, Jr. Court Reporter: H. Ruthe Potami as to William R. Mallicoat, KenAmerican Resources, Inc., Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson. (PJH) (Entered: 01/15/2004) |
| 01/20/2004 | 371 | USCA Case Number as to KenAmerican Resources, Inc. 04-5034 for 350 Notice of Appeal - Final Judgment filed by USA. (Audrey Crockett, AUSA) (PJH) (Entered: 01/20/2004) |
| 01/20/2004 | 373 | USCA Case Number as to KenAmerican Resources, Inc. 04-5036 for 350 Notice of Appeal - Final Judgment filed by KenAmerican Resources, Inc. (Audrey Crockett, Case Manager) (PJH) (Entered: 01/20/2004) |
| 03/03/2004 | 379 | TRANSCRIPT of Closing Arguments held on May 12 and 13, 2004 before Judge Joseph H. McKinley, Jr.. Court Reporter: H. Ruthe Potami. as to William R. Mallicoat, KenAmerican Resources, Inc., Bobby Gibson, Kenneth Tucker and Andrew S. Hickerson. (PJH) (Entered: 03/03/2004) |
| 05/07/2004 | 382 | TRANSCRIPT REQUEST by United States of America as to KenAmerican Resources, Inc. for proceedings : N/A (PJH) (Entered: 05/12/2004) |
| 08/09/2004 | 385 | ORDER of USCA (certified copy) as to William R. Mallicoat, KenAmerican Resources, Inc., Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson re 340 Notice of Appeal, 352 Notice of Appeal, 339 Notice of Appeal, 301 Notice of Appeal dismissing USA'S cross-appeals. (PJH) (Entered: 08/10/2004) |
| 08/17/2004 | 386 | CONTINUED TRANSCRIPT of Jury Trial Proceedings (Volume III-B(ii) held on 05/13/2003 before Judge Joseph H. McKinley, Jr. Court Reporter: Carola Strijek. (CSD) (Entered: 08/17/2004) |
| 11/08/2004 | 387 | MOTION for Leave to include transcripts as part of recordby United States of America as to William R. Mallicoat, KenAmerican Resources, Inc., Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson. Responses due by 11/22/2004 (Attachments: # 1 Proposed Order)(PJH) (Entered: 11/08/2004) |
| 11/29/2004 | 388 | ORDER by Joseph H. McKinley Jr. on 11/24/04 granting 387 Motion for Leave to Include Transcripts as part of record as to KenAmerican Resources, Inc. (1), William R. Mallicoat (2), Bobby Gibson (3), Kenneth Tucker (4), Andrew S. Hickerson (5) (PJH) (Entered: 11/29/2004) |
| 09/26/2005 | 396 | MANDATE of USCA (certified copy) as to William R. Mallicoat, KenAmerican Resources, Inc., Bobby Gibson, Kenneth Tucker, Andrew S. Hickerson. District Court decision AFFIRMED. (Attachments: # 1 Appeal Court order affirming decision)(JBM) (Entered: 09/26/2005) |