United States District Court for the Western District of Washington (Seattle)
CRIMINAL DOCKET FOR CASE #: 2:09-cr-00214-MJP-4

Case title: USA v. Montour et al

Date Filed: 06/25/2009
Date Terminated: 09/10/2010

Assigned to: Judge Marsha J. Pechman

Defendant (4)
Native Wholesale Supply
TERMINATED: 09/10/2010
represented byRobert J. Luddy
WINDELS MARX LANE & MITTENDORF, LLP
156 WEST 56TH STREET
NEW YORK, NY 10019
212-237-1000
Email: rluddy@windelsmarx.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Admission Pro Hac Vice

Darcie L. Houck
FREDERICKS PEEBLES & MORGAN LLP
1001 SECOND STREET
SACRAMENTO, CA 95814
916-441-2700
Email: dhouck@ndnlaw.com
TERMINATED: 04/27/2010
PRO HAC VICE
Designation: Retained

J Ronald Sim
STOEL RIVES LLP
600 UNIVERSITY ST
STE 3600
SEATTLE, WA 98101-3197
206-624-0900
Fax: FAX 386-7500
Email: jrsim@stoel.com
ATTORNEY TO BE NOTICED
Designation: Retained

Jeffery Patton Robinson
SCHROETER GOLDMARK & BENDER
810 3RD AVE
STE 500
SEATTLE, WA 98104
206-622-8000
Email: robinson@sgb-law.com

Pending Counts

Disposition
Obstruction of the Due Administration of Justice 18:1503 & 2
(19ss)
5 years unsupervised probation, $400.00 special assessment, forfeiture of $1,000,000.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
CONSPIRACY TO TRAFFIC IN CONTRABAND CIGARETTES
(1)
Dismissed
Conspiracy to Traffic in Contraband Cigarettes 18:2342(a) & 371
(1s)
Dismissed
Conspiracy to Traffic in Contraband Cigarettes 18;2342(a) & 371
(1ss)
Dismissed
TRAFFICKING IN CONTRABAND CIGARETTES
(2-11)
Dismissed
Trafficking in Contraband Cigarettes 18:2342(a) & 2
(2s-16s)
Dismissed
Trafficking in Contraband Cigarettes 18:2342(a) & 2
(2ss-16ss)
Dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Interested Party
Department of Revenue Liquor Board represented byMary Maureen Tennyson
ATTORNEY GENERAL'S OFFICE (40110-OLY)
PO BOX 40110
OLYMPIA, WA 98504
360-753-0225
Email: maryt@atg.wa.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Peter B Gonick
ATTORNEY GENERAL'S OFFICE (40123)
7141 CLEANWATER DR SW
PO BOX 40123
OLYMPIA, WA 98504-0123
360-753-5528
Fax: FAX 233-2809
Email: peterg@atg.wa.gov
ATTORNEY TO BE NOTICED


Plaintiff
USA represented byJ Tate London
US ATTORNEY'S OFFICE (SEA)
700 STEWART ST
STE 5220
SEATTLE, WA 98101-1271
206-553-7970
Fax: FAX 553-2502
Email: Tate.London@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mary K Dimke
US ATTORNEY'S OFFICE (SEA)
700 STEWART ST
STE 5220
SEATTLE, WA 98101-1271
206-553-2265
Email: mary.dimke2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard Edward Cohen
US ATTORNEY'S OFFICE (SEA)
700 STEWART ST
STE 5220
SEATTLE, WA 98101-1271
206-553-7970
Fax: 206-553-6934
Email: Richard.E.Cohen@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mark P Parrent
US ATTORNEY'S OFFICE (SEA)
700 STEWART ST
STE 5220
SEATTLE, WA 98101-1271
206-553-4113
Email: Mark.Parrent2@usdoj.gov
ATTORNEY TO BE NOTICED

Michael S. Morgan
US ATTORNEY'S OFFICE (SEA)
700 STEWART ST
STE 5220
SEATTLE, WA 98101-1271
206-553-2612
Email: Michael.Morgan4@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/05/200912SUPERSEDING INDICTMENT as to Arthur Montour (1) count(s) 1s, 2s-11s, 12s-18s, Peter Montour (2) count(s) 1, 2-11, Kenneth Hill (3) count(s) 1, 2-11, Native Wholesale Supply (4) count(s) 1, 2-11. (Attachments: # 1 status sheet) (JT) (Entered: 08/06/2009)
08/05/200913SEALED Signature Page to 12 Indictment as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply. (JT) (Entered: 08/06/2009)
08/05/200919PRAECIPE FOR A SUMMONS by USA as to Native Wholesale Supply Arraignment set for 8/20/2009 at 09:00 AM in Courtroom 12B before Hon. James P. Donohue. (SUMMONS ISSUED)(JT) (Entered: 08/06/2009)
08/12/200924NOTICE OF ATTORNEY APPEARANCE: J Ronald Sim appearing for Native Wholesale Supply (Sim, J) (Entered: 08/12/2009)
08/13/200928APPLICATION OF ATTORNEY Marc L. Mukasey FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Peter Montour (Fee Paid) Receipt No. 09810000000001828371 (Attachments: # 1 Atty Registration for Elec Case Filing)(Marshall, David) (Entered: 08/13/2009)
08/13/200929 ORDER re 28 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Marc L Mukasey as pro hac vice atty for Defendant Peter Montour, (No document associated with this docket entry, text only.) (DS) (Entered: 08/13/2009)
08/18/200938 NOTICE OF RESCHEDULED HEARING as to Native Wholesale Supply (cc: USPO, PTS, USMO) Arraignment reset at counsels request for 8/27/2009 at 09:00 AM in Courtroom 12B before Hon. James P. Donohue. (AE) (Entered: 08/18/2009)
08/20/200939SECOND SUPERSEDING INDICTMENT as to Arthur Montour (1) count(s) 1ss, 2ss-16ss, 17ss-23ss, Peter Montour (2) count(s) 1s, 2s-16s, Kenneth Hill (3) count(s) 1s, 2s-16s, Native Wholesale Supply (4) count(s) 1s, 2s-16s. (Attachments: # 1 Status Sheet) (JK) (Entered: 08/21/2009)
08/20/200940SEALED Signature Page to 39 Indictment, as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply. (JK) (Entered: 08/21/2009)
08/21/200944MOTION/WAIVER - Motion of Native Wholesale Supply to Waive Appearance of Corporate Officer at Arraignment by defendant Native Wholesale Supply (Attachments: # 2 Proposed Order Permitting Native Wholesale Supply to Appear at Arraignment By Counsel)(Sim, J) Modified on 8/24/2009- turned waiver into a motion (MD). (Entered: 08/21/2009)
08/24/200945ORDER granting 44 Motion to Permit Native Wholesale Supply to Waive appearance of Corporate Representative at arraignment on Thursday, 8/27/09 by Hon. James P. Donohue. Mr. J. Ronald Sim may appear without client. (JT) (Entered: 08/24/2009)
08/27/200948 Minute Entry for proceedings held before Hon. James P. Donohue- CRD: A. Elkington; AUSA: Mary Dimke, Richard Cohen; Def Cnsl: J. Ronald Sim; Court Reporter: Digital Recording; Time of Hearing: 9:00; Courtroom: 12B; ARRAIGNMENT as to Native Wholesale Supply (4) Count 1s,2s-16s held on 8/27/2009.

Defendant presence waived. Defendant advised of rights, charges and penalties. Defendant pleads NOT GUILTY to all charges. Defense Counsel requests discovery pursuant to Local Rule. Motions due by 10/23/2009, Jury Trial is set for 11/2/2009 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. (AE) (Entered: 08/27/2009)

09/15/200960 NOTICE OF HEARING as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (cc: USPO, PTS, USMO) Status Conference set for 9/23/2009 at 11:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. (RM) (Entered: 09/15/2009)
09/21/200963 STIPULATED MOTION and [Proposed] Order Continuing Trial and Pretrial Deadlines by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply Noting Date 9/21/2009, (Calfo, Angelo) (Entered: 09/21/2009)
09/22/200966APPLICATION OF ATTORNEY Philip J. Bezanson FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Peter Montour (Fee Paid) Receipt No. 09810000000001860987 (Attachments: # 1 Exhibit Attorney Registration Form for Electronic Case Filing)(Marshall, David) (Entered: 09/22/2009)
09/23/200971 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Richard Cohen; Def Cnsl: Angelo Calfo, Patty Eakes, Ron Sim, Colette Tvedt, David Vance Marshall, Marc Mukasey; Court Reporter: Nichole Rhynard; STATUS HEARING as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply held on 9/23/2009. Counsel and Defendants present in court with exception of Peter Montour whose presence is waived and Marc Mukasey who appeared telephonically. Court grants pending motion for trial continuance, defendants to file speedy trial waivers through end of May 2010. Trial is rescheduled for 5/3/2010 with a pretrial motion deadline of 2/5/2010. Defendants remain on bond. (RM) (Entered: 09/23/2009)
10/01/200977WAIVER of Speedy Trial by Native Wholesale Supply (Attachments: # 1 Certificate of Service Cert. of Service)(Sim, J) (Entered: 10/01/2009)
10/13/200978ORDER CONTINUING TRIAL DATE as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply by Judge Marsha J. Pechman. (cc: PTS/USPO, USMO)( Jury Trial is CONTINUED TO 5/3/2010 at 09:00 AM before Judge Marsha J. Pechman., Pretrial Motions due by 2/5/2010. Reponses to pretrial motion shall be filed on 2/26/10, and optional reply briefs due 3/10/10. Pretrial motions shall be noted for March 12, 2010. ) (MD) (Entered: 10/13/2009)
11/02/200980NOTICE of Unavailability of attorney Mary K Dimke from November 4, 2009 to November 9, 2009 (Dimke, Mary) (Entered: 11/02/2009)
01/05/201083NOTICE OF ATTORNEY APPEARANCE Mark P Parrent appearing for USA. (Parrent, Mark) (Entered: 01/05/2010)
02/04/201084 MOTION for Leave DEFENDANTS' UNOPPOSED MOTION FOR ORDER AUTHORIZING DEFENDANTS TO FILE OVER- LENGTH BRIEFS by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order AUTHORIZING DEFENDANTS TO FILE OVER- LENGTH BRIEFS IN SUPPORT OF PRE-TRIAL MOTIONS) Noting Date 2/4/2010, (Calfo, Angelo) (Entered: 02/04/2010)
02/04/201085ORDER denying 84 Motion for Leave; as to Arthur Montour (1), Peter Montour (2), Kenneth Hill (3), Native Wholesale Supply (4): The Court DENIES Defendants motion without prejudice to file a renewed motion that cures the defects listed in the Order. Defendants must file any renewed motion no later than February 5, 2010 at 2:00 p.m. The Court hereby extends the deadline for filing pretrial motions to February 8, 2010. Plaintiffs response deadline will be adjusted accordingly. The Clerk shall transmit a copy of this Order to all counsel of record, by Judge Marsha J. Pechman.(RK) (Entered: 02/04/2010)
02/05/201088 MOTION for Leave DEFENDANTS' REVISED UNOPPOSED MOTION FOR ORDER AUTHORIZING DEFENDANTS TO FILE FOUR OVER-LENGTH BRIEFS by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order) Noting Date 2/5/2010, (Calfo, Angelo) (Entered: 02/05/2010)
02/05/201089ORDER granting 88 Motion for Leave; as to Arthur Montour (1), Peter Montour (2), Kenneth Hill (3), Native Wholesale Supply (4): The Court authorizes Defedants to file four overlength briefs as set forth in the revised motion for leave (Dkt. No. 88), by Judge Marsha J. Pechman.(RK) (Entered: 02/05/2010)
02/08/201090 MOTION Defendants' Motion to Sever False Declaration Charges by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply Oral Argument Requested. (Attachments: # 2 Certificate of Service) Noting Date 3/12/2010, (Calfo, Angelo) (Entered: 02/08/2010)
02/08/201091 MOTION to Dismiss Count(s) Defendants' Motion to Dismiss CCTA Charges Under the Void for Vagueness Doctrine by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply Oral Argument Requested. (Attachments: # 2 Certificate of Service) Noting Date 3/12/2010, (Calfo, Angelo) (Entered: 02/08/2010)
02/08/201092 MOTION to Dismiss Count(s) Defendants' Motion to Strike Allegations and/or Dismiss Substantive CCTA Charges (Counts 7-16) for Failure to State an Offense by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply Oral Argument Requested. (Attachments: # 2 Certificate of Service) Noting Date 3/12/2010, (Calfo, Angelo) (Entered: 02/08/2010)
02/08/201093 MOTION to Compel Defendants' Motion to Compel Disclosure of Grand Jury CCTA Instructions by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply Oral Argument Requested. (Attachments: # 2 Certificate of Service) Noting Date 3/12/2010, (Calfo, Angelo) (Entered: 02/08/2010)
02/08/201094 MOTION to Compel Disclosure of Information by Native Wholesale Supply as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply Oral Argument Requested. (Attachments: # 3 Proposed Order Directing Disclosure of Information Relating to Initiation of Prosecution) Noting Date 3/12/2010, (Sim, J) (Entered: 02/08/2010)
02/08/201095 MOTION to Dismiss Defendant Due to Federal Preemption of CCTA Jurisdiction Over Tribal Sales by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply. Oral Argument Requested. (Attachments: # 1 Exhibit Declaration of J. Ronald Sim In Support of Defendants' Motion to Dismiss Due to Federal Preemption of CCTA Jurisdiction Over Trial Sales with Attach. A, # 2 Proposed Order Granting Defendants' Motion to Dismiss Due to Federal Preemption of CCTA Jurisdiction Over Tribal Sales) Noting Date 3/12/2010, (Sim, J) (Entered: 02/08/2010)
02/08/201098 MOTION to Dismiss Count(s) / Strike Forfeiture Allegation by Kenneth Hill as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 3/12/2010, (Robinson, Jeffery) (Entered: 02/08/2010)
02/08/201099 MOTION to Dismiss Defendant - Indian Commerce Clause by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply. Oral Argument Requested. (Attachments: # 2 Proposed Order Granting Defendants' Motion to Dismiss - Indian Commerce Clause) Noting Date 3/12/2010, (Sim, J) (Entered: 02/08/2010)
02/10/2010100APPLICATION OF ATTORNEY Darcie L. Houck FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Native Wholesale Supply (Fee Paid) Receipt No. 09810000000001976572 (Attachments: # 1 Exhibit Registration Form for the Electronic Case Filing System for Darcie L. Houck)(Sim, J) (Entered: 02/10/2010)
02/22/2010103 MOTION RE: BRIEFING by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order)(Parrent, Mark) (Entered: 02/22/2010)
02/23/2010104ORDER granting in part and denying in part 103 Motion for leave to file overlength briefs and for extension of time as to Arthur Montour (1), Peter Montour (2), Kenneth Hill (3), Native Wholesale Supply (4): The government may file overlength response briefs as described in the unopposed motion. The government's response to the Indian Commerce Clause and Federal Preemption motions shall be due no later than March 8, 2010, by Judge Marsha J. Pechman.(RK) (Entered: 02/23/2010)
02/23/2010105MINUTE ORDER as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply by Judge Marsha J. Pechman: Counsel for the government has informed the Court of a discrepancy between Plaintiffs motion (Dkt. No. 103) and the language of the proposed order, which the Court adopted in part. While the motion sought leave to file a thirty page memorandum, the proposed order and the Courts Order referenced a twenty page memorandum. The Court now gives the government leave to file a thirty (30) page memorandum in response to the motions to dismiss based on the Washington State regulatory scheme. (See Dkt. No. 103 at 2.) (RK) (Entered: 02/23/2010)
03/01/2010107RESPONSE, by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 93 MOTION to Compel. (Dimke, Mary) (Entered: 03/01/2010)
03/01/2010108RESPONSE, by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 2 Exhibit B - Declaration of Mary K. Dimke)(Dimke, Mary) (Entered: 03/01/2010)
03/01/2010109RESPONSE, by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 1 A-C)(Dimke, Mary) (Entered: 03/01/2010)
03/01/2010110RESPONSE, by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 96 MOTION to Dismiss Count(s) re Aiding and Abetting Allegation, or, in the alternative, for a Bill of Particuars, 97 MOTION to Dismiss Count(s) because they are not among the class of those liable for failure to notify, 91 MOTION to Dismiss Count(s) Defendants' Motion to Dismiss CCTA Charges Under the Void for Vagueness Doctrine. (Dimke, Mary) (Entered: 03/01/2010)
03/01/2010111RESPONSE, by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 98 MOTION to Dismiss Count(s) / Strike Forfeiture Allegation. (Dimke, Mary) (Entered: 03/01/2010)
03/03/2010112STIPULATION AND PROPOSED ORDER Re: Deadlines for Reply Briefs to Pretrial Motions and Page Limitations by parties (Calfo, Angelo) (Entered: 03/03/2010)
03/03/2010113NOTICE OF CHANGE OF ADDRESS by Philip J Bezanson (Bezanson, Philip) (Entered: 03/03/2010)
03/04/2010114ORDER as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply: Defendants' request to extend the date on which certain reply briefs are due (Dkt. No. 112) is DENIED. The Court approves of the parties stipulation regarding the reply brief page limits and GRANTS to the motion to that limited extent, by Judge Marsha J. Pechman. (RK) (Entered: 03/04/2010)
03/05/2010115 NOTICE OF HEARING: Evidentiary Hearing and Oral Argument regarding 93 MOTION to Compel Defendants' Motion to Compel Disclosure of Grand Jury CCTA Instructions, 96 MOTION to Dismiss Count(s) re Aiding and Abetting Allegation, or, in the alternative, for a Bill of Particuars, 97 MOTION to Dismiss Count(s) because they are not among the class of those liable for failure to notify : Motion Hearing set for 3/29/2010 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. (RM) (Entered: 03/05/2010)
03/05/2010116NOTICE OF CORRECTION by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 108 Response to Motion (Dimke, Mary) (Entered: 03/05/2010)
03/05/2010117 MOTION for Reconsideration UNOPPOSED MOTION FOR PARTIAL RECONSIDERATION RE: REPLY BRIEFS DEADLINE by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order Granting Unopposed Motion re: Reply Briefs Deadline) Noting Date 3/5/2010, (Calfo, Angelo) (Entered: 03/05/2010)
03/08/2010118ORDER GRANTING DEFENDANTS' MOTION FOR RECONSIDERATION as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply: Defendants reply briefs in support of their motions on the Indian Commerce Clause (Dkt. No. 99) and federal preemption of CCTA jurisdiction (Dkt. No. 95) shall be due no later than March 15, 2010, by Judge Marsha J. Pechman. (RK) (Entered: 03/08/2010)
03/08/2010119NOTICE OF ATTORNEY APPEARANCE Michael S. Morgan appearing for USA. (Morgan, Michael) (Entered: 03/08/2010)
03/08/2010120RESPONSE, by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 2 Exhibit Exhibit A -- pages 10-18)(Morgan, Michael) (Entered: 03/08/2010)
03/10/2010121REPLY, by Native Wholesale Supply, TO RESPONSE to 94 MOTION to Compel (Sim, J) (Entered: 03/10/2010)
03/10/2010125REPLY, by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, TO RESPONSE to 91 MOTION to Dismiss Count(s) Defendants' Motion to Dismiss CCTA Charges Under the Void for Vagueness Doctrine (Calfo, Angelo) (Entered: 03/10/2010)
03/10/2010126REPLY, by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, TO RESPONSE to 92 MOTION to Dismiss Count(s) (Calfo, Angelo) (Entered: 03/10/2010)
03/10/2010127REPLY, by Kenneth Hill as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, TO RESPONSE to 98 MOTION to Dismiss Count(s) (Robinson, Jeffery) (Entered: 03/10/2010)
03/15/2010128REPLY, by Native Wholesale Supply, TO RESPONSE to 99 MOTION to Dismiss Defendant (Houck, Darcie) (Entered: 03/15/2010)
03/16/2010129REPLY, by Native Wholesale Supply, TO RESPONSE to 95 MOTION to Dismiss Defendant (Houck, Darcie) (Entered: 03/16/2010)
03/16/2010130ERRATA re 128 Reply to Response to Motion to Dismiss - Indian Commerce Clause by Defendant Native Wholesale Supply (Houck, Darcie) (Entered: 03/16/2010)
03/16/2010131NOTICE OF SUPPLEMENTAL AUTHORITY by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 120 Response to Motion, (Morgan, Michael) (Entered: 03/16/2010)
03/16/2010132 PRAECIPE FOR A SUBPOENA & clerk issued by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (MD) (Entered: 03/17/2010)
03/17/2010133 MINUTE ORDER as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply. The Court will not hear oral argument on the following motions but will decide them on the pleadings. MOTION 86 to Dismiss Count(s) False Declaration Charges (Counts 17-23) for Failure to State an Offense filed by Arthur Montour, MOTION 87 to Dismiss Count(s) Arthur Montour's Motion to Dismiss False Declaration Counts on Multiplicity Grounds and to Require Election by Government filed by Arthur Montour, and Motion 90 to Sever False Declaration Charges filed by Arthur Montour. All other pending motions will be heard at the evidentiary/oral argument hearing scheduled for 3/29/2010. Authorized by Judge Marsha J. Pechman. (cc: USPO) (RM) (Entered: 03/17/2010)
03/17/2010134THIRD SUPERSEDING INDICTMENT as to Arthur Montour (1) count(s) 1sss, 2sss-16sss, 17sss-18sss, 19sss, Peter Montour (2) count(s) 1ss, 2ss-16ss, Kenneth Hill (3) count(s) 1ss, 2ss-16ss, Native Wholesale Supply (4) count(s) 1ss, 2ss-16ss, 19ss. (Attachments: # 1 Status Sheet) (JK) (Entered: 03/17/2010)
03/17/2010135SEALED Signature Page to 134 Indictment, as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply. (JK) (Entered: 03/17/2010)
03/17/2010139ORDER CONTINUING CONDITIONS OF RELEASE THIRD SUPERSEDING INDICTMENT as to Native Wholesale Supply by Hon. James P. Donohue. cc: USMO; (JK) (Entered: 03/17/2010)
03/17/2010140RESPONSE to Notice of Supplemental Authority by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 131 Notice-Other filed by USA (Sim, J) (Entered: 03/17/2010)
03/18/2010142 NOTICE OF HEARING as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (cc: USPO, PTS, USMO) Telephone Status Conference set for 3/18/2010 at 02:00 PM before Judge Marsha J. Pechman. (RM) (Entered: 03/18/2010)
03/18/2010143 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Mark Parrent, Richard Cohen; Def Cnsl: Angelo Calfo, Mark Mukasey, Jeffery Robinson, Colette Tvedt, J Ronald Sim, Darcie Houck; Court Reporter: Nancy Bauer; STATUS HEARING as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply held on 3/18/2010. Defense counsel is given until 3/24/2010 to file their motion for severance and the government's response is due 3/26/2010. (RM) (Entered: 03/18/2010)
03/18/2010144NOTICE OF SUPPLEMENTAL AUTHORITY by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 120 Response to Motion, (Morgan, Michael) (Entered: 03/18/2010)
03/19/2010145Letter scheduling arraignment for defendant Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply. Arraignment set for 3/25/2010 at 09:00 AM before Hon. James P. Donohue. (Dimke, Mary) (Entered: 03/19/2010)
03/22/2010  Reset Hearings as to Arthur Montour, Kenneth Hill, Native Wholesale Supply: Arraignment reset at request of parties to 3/29/2010 at 08:30 AM in Courtroom 12B before Hon. James P. Donohue. (PV) (Entered: 03/22/2010)
03/22/2010146 MOTION in Limine to Preclude/Limit Witnesses at Evidentiary Hearing by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply Noting Date 3/26/2010, (Morgan, Michael) (Entered: 03/22/2010)
03/22/2010147PROPOSED ORDER (Unsigned) re 146 MOTION in Limine filed by USA (Morgan, Michael) (Entered: 03/22/2010)
03/24/2010149 MOTION MOTION TO SEVER COUNTS 17-19 OR CONTINUE TRIAL AND PRETRIAL DATES (THIRD SUPERSEDING INDICTMENT) by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Declaration of Angelo J. Calfo in Support of Motion to Sever Counts 17-19 or Continue Trial And Pretrial Dates (Third Superseding Indictment), # 3 Certificate of Service) Noting Date 3/29/2010, (Calfo, Angelo) (Entered: 03/24/2010)
03/25/2010151RESPONSE, by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 1 Declaration of J. Ronald Sim, with attached Exhibit A as referenced therein)(Sim, J) (Entered: 03/25/2010)
03/25/2010152 MOTION in Limine by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Attachments A & B) Noting Date 4/2/2010, (Parrent, Mark) (Entered: 03/25/2010)
03/25/2010153PROPOSED ORDER (Unsigned) re 152 MOTION in Limine filed by USA (Parrent, Mark) (Entered: 03/25/2010)
03/26/2010157RESPONSE, by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 7 Attachment G)(Dimke, Mary) (Entered: 03/26/2010)
03/26/2010158NOTICE SUPPLEMENTAL AUTHORITIES IN RESPONSE TO DEFENDANTS MOTION TO DISMISS COUNTS UNDER THE VOID OF VAGUENESS (DKT. # 91) AND MOTION TO DISMISS AND/OR STRIKE ALLEGATIONS IN THE INDICTMENT FO FAILURE TO STATE AN OFFENCE (DKT #92) by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 2 Exhibit B)(Cohen, Richard) (Entered: 03/26/2010)
03/26/2010159REPLY, by Native Wholesale Supply, TO RESPONSE to 149 MOTION MOTION TO SEVER COUNTS 17-19 OR CONTINUE TRIAL AND PRETRIAL DATES (THIRD SUPERSEDING INDICTMENT) (Sim, J) (Entered: 03/26/2010)
03/29/2010161 Minute Entry for proceedings held before Hon. James P. Donohue- CRD: phv; AUSA: Mary Dimkke; Def Cnsl: P Eakes (for A Montour), Marc Mukasey (for P Montour), Colette Tvedt (for K Hill), Ronald Sim (for Native Supply); Court Reporter: digital recording; Time of Hearing: 8:30am; Courtroom: 12B; ARRAIGNMENT as to Arthur Montour (1) Count 1sss,2sss-16sss,17sss-18sss,19sss and Peter Montour (2) Count 1ss,2ss-16ss and Kenneth Hill (3) Count 1ss,2ss-16ss and Native Wholesale Supply (4) Count 1ss,2ss-16ss,19ss held on 3/29/2010. Court notes Mr Peter Montour's presence has been previously waived. Defendant advised of charges and penalties. Defendant(s) pleads NOT GUILTY to all charges in 3rd superseding indictment. Defense Counsel requests discovery pursuant to Local Rule. Defendant(s) remain on bond. Parties to proceed to conference with Judge Pechman. Jury Trial is set for 5/3/2010 at 09:00 AM before Judge Marsha J. Pechman. (PV) (Entered: 03/29/2010)
03/29/2010162STIPULATION Regarding Boxberger Testimony by parties (Attachments: # 1 Declaration of Daniel Boxberger Regarding Stillaguamish History, with attached Exhibit A, Excerpt of 01/22/10 Hearing re USA v. Wilbur Case No. CR09-191MJP)(Sim, J) (Entered: 03/29/2010)
03/29/2010163 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Richard Cohen, Michael Morgan, Mary Dimke, Mark Parrent; Def Cnsl: Jeffery Robinson, Colette Tvedt, J Ronald Sim, Darcie Houck, Angelo Calfo, Patricia Eakes, Mark Mukasey; Court Reporter: Denae Hovland; EVIDENTIARY/MOTION HEARING as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply held on 3/29/2010. Governments motion in limine (Dkt. No. 146) is denied for the reasons stated orally on the record. Defendants call Gary Warrick. Defendants call Chief William Kenneth Montour. Defense exhibits 101-103, 201-213, and 215-227 admitted. Parties enter stipulation regarding Boxberger testimony. Oral argument. Court directs counsel to file proposed findings of fact by close of business Wednesday. Court will write an opinion within one week. As to the motion to dismiss the false declaration charges (Dkt. No. 86), the court dismisses with prejudice. As to Defendant Peter Montours motion to continue (Dkt. No. 141), oral argument presented. Court grants continuance as to Peter Montour and trial is set for 6/7/2010. As to motion to sever (Dkt. 149), oral argument presented. Motion hearing continued to 3/30/2010 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. (RM) (Entered: 03/30/2010)
03/30/2010165 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Richard Cohen, Mary Dimke, Mark Parrent; Def Cnsl: Jeffery Robinson, Colette Tvedt, J Ronald Sim, Darcie Houck, Angelo Calfo, Patricia Eakes, Mark Mukasey; Court Reporter: Denae Hovland; MOTION HEARING as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply held on 3/30/2010. Defendant NWS and Arthur Montours motion to sever counts 17-19 or for continuance (Dkt. No. 149) is granted for the reasons stated orally on the record. Oral argument presented. Court will issue written opinion within one week (on motions Dkt. No. 91, 92, 93, 96, 97, 98). NWS's motion to compel disclosure of information (Dkt. No. 94) is denied for the reasons stated orally on the record. General trial procedures discussed. Pretrial conference is scheduled for 4/23/2010 at 1:30 pm. Proposed jury instructions due 4/20/2010. Motions in limine due by 4/12/2010 with responses due 4/19/2010. Exchange of government exhibits by 4/15/2010 and defendants by 9:00 am on 4/21/2010. Proposed voir dire due 4/21/2010. Jury will be 14 with 2 alternates. Peremptory challenges - defendants 11, government 7. Status conference as to Defendant Peter Montour only set for 4/16/2010 at 1:30 pm. Trial on severed counts is set for 9/20/2010. Pretrial motions deadline is 6/28/2010 with responses due 12 days later. Defendants remain on bond. (RM) (Entered: 03/31/2010)
03/31/2010164NOTICE OF SUPPLEMENTAL AUTHORITY by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 120 Response to Motion, (Morgan, Michael) (Entered: 03/31/2010)
03/31/2010166 RETURN OF EXHIBITS to counsel pursuant to local rule (RM) (Entered: 03/31/2010)
03/31/2010167NOTICE OF PROPOSED FINDINGS OF FACT by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 99 MOTION to Dismiss Defendant (Morgan, Michael) (Entered: 03/31/2010)
03/31/2010169WITHDRAWAL of Motion by Kenneth Hill, Arthur Montour, Peter Montour, Native Wholesale Supply as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 95 MOTION to Dismiss Defendant Due to Federal Preemption of CCTA Jurisdiction Over Tribal Sales (Robinson, Jeffery) Modified on 4/2/2010 to include all dfts Montour and Native Wholesale Supply as filers (KN). (Entered: 03/31/2010)
03/31/2010170MINUTE ORDER - Defendant had also filed a motion to dismiss the false declaration charges on multiplicity grounds and a motion to sever the false declaration charges. (Dkt. Nos. 87 , 90 .) In light of the Courts ruling atoral argument, the Court FINDS AS MOOT Defendants remaining motions on the false declaration charges. (Dkt. Nos. 87 , 90 .), by Judge Marsha J. Pechman.(MD) (Entered: 04/01/2010)
04/01/2010171RESPONSE TO NOTICE OF WITHDRAWAL OF MOTIONS by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 169 Withdrawal of Motion, filed by Kenneth Hill (Morgan, Michael) (Entered: 04/01/2010)
04/01/2010172NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 3/29/2010 before Judge Marsha J. Pechman.

Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter Denae Hovland by telephone at 206-370-8508.

Release of Transcript Restriction set for 6/30/2010, (SA) (Entered: 04/01/2010)

04/01/2010173 MOTION to Quash or Modify Subpoenas and Memorandum in Support Thereof by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply Oral Argument Requested. (Attachments: # 4 Proposed Order) Noting Date 4/9/2010, (Gonick, Peter) (Entered: 04/01/2010)
04/01/2010174RESPONSE, by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 152 MOTION in Limine. (Calfo, Angelo) (Entered: 04/01/2010)
04/02/2010  NOTICE of Docket Text Modification as to defendant Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 169 Withdrawal of Motion, : Modified docket text to reflect all defendants as filers. (KN) (Entered: 04/02/2010)
04/05/2010175ORDER ON GOVERNMENT'S RESPONSE TO DEFENDANTS' NOTICE OF WITHDRAWAL as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 95 MOTION to Dismiss Defendant Due to Federal Preemption of CCTA Jurisdiction Over Tribal Sales filed by Arthur Montour, Native Wholesale Supply, Kenneth Hill, Peter Montour. The Court accepts the withdrawal of defendants' motions (Dkt. Nos. 95,99) and will take no further action on the motions, by Judge Marsha J. Pechman. (MD) (Entered: 04/05/2010)
04/06/2010178ORDER denying 98 Motion to Dismiss Count(s); as to Arthur Montour (1), Peter Montour (2), Kenneth Hill (3), Native Wholesale Supply (4): Defendants are not entitled to dismissal of the forfeiture allegations as a matter of law. The Court DENIES Defendants' motion (Dkt. No. 98) without prejudice to bring renewed motions on the forfeiture issue after trial, by Judge Marsha J. Pechman.(RK) (Entered: 04/06/2010)
04/06/2010179ORDER denying 91 Motion to Dismiss Count(s); as to Arthur Montour (1), Peter Montour (2), Kenneth Hill (3), Native Wholesale Supply (4); denying 92 Motion to Dismiss Count(s); as to Arthur Montour (1), Peter Montour (2), Kenneth Hill (3), Native Wholesale Supply (4); denying 93 Motion to Compel; as to Arthur Montour (1), Peter Montour (2), Kenneth Hill (3), Native Wholesale Supply (4); denying 96 Motion to Dismiss Count(s); as to Peter Montour (2), Kenneth Hill (3); denying 97 Motion to Dismiss Count(s); as to Peter Montour (2), Kenneth Hill (3) by Judge Marsha J. Pechman.(IM) (Entered: 04/06/2010)
04/09/2010181REPLY, by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, TO RESPONSE to 2 Exhibit 1)(Gonick, Peter) (Entered: 04/09/2010)
04/12/2010182 MOTION in Limine by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order) Noting Date 4/23/2010, (Dimke, Mary) (Entered: 04/12/2010)
04/12/2010183 MOTION in Limine DEFENDANTS' MOTION IN LIMINE RE: GOVERNMENT 404(b) EVIDENCE OF UNRELATED CIGARETTE SHIPMENTS by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 DECLARATION OF ANGELO J. CALFO IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE RE: GOVERNMENTS 404(b) EVIDENCE OF UNRELATED CIGARETTE SHIPMENTS, # 2 [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION IN LIMINE RE: GOVERNMENT'S 404(b) EVIDENCE OF UNRELATED CIGARETTE SHIPMENTS) Noting Date 4/23/2010, (Calfo, Angelo) (Entered: 04/12/2010)
04/12/2010185 MOTION in Limine DEFENDANTS' MOTION IN LIMINE RE: EVIDENCE OF NWS CASH DEPOSITS by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply Noting Date 4/23/2010, (Calfo, Angelo) (Entered: 04/12/2010)
04/12/2010186 DECLARATION of DECLARATION OF ANGELO J. CALFO IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE RE: EVIDENCE OF NWS CASH DEPOSITS by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 185 MOTION in Limine filed by Arthur Montour (Calfo, Angelo) (Entered: 04/13/2010)
04/13/2010187PROPOSED ORDER (Unsigned) re 185 MOTION in Limine DEFENDANTS' MOTION IN LIMINE RE: EVIDENCE OF NWS CASH DEPOSITS (Calfo, Angelo) (Entered: 04/13/2010)
04/15/2010189Agreed MOTION for Leave to File UNOPPOSED MOTION TO COMBINE RESPONSIVE BRIEFING by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order) Noting Date 4/23/2010, (Dimke, Mary) (Entered: 04/15/2010)
04/15/2010190ORDER granting 189 Government's Unopposed Motion to combine responsive briefing as to Arthur Montour (1), Peter Montour (2), Kenneth Hill (3), Native Wholesale Supply (4), by Judge Marsha J. Pechman.(MD) (Entered: 04/16/2010)
04/16/2010191ORDER on Washington State Department of Revenue and Liquor Control Board's motion to quash or modify subpoenas 173 Motion to Quash as to Arthur Montour (1), Peter Montour (2), Kenneth Hill (3), Native Wholesale Supply (4), by Judge Marsha J. Pechman.(MD) (Entered: 04/16/2010)
04/16/2010  Set/Reset Motion Noting Date as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 152 MOTION in Limine : Noting Date 4/23/2010. The Court re-notes the government's motion in limine for consideration on 4/23/2010. The motion will be considered on the same schedule as the other motions in limine. (RK) (Entered: 04/16/2010)
04/16/2010192ORDER as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply: The Court accepts and adopts the protected order proposed by Defendant Arthur Montour regarding DOR and LCB's subpoenas (see Dkt. No. 191), by Judge Marsha J. Pechman. (RK) (Entered: 04/16/2010)
04/16/2010193PROTECTIVE ORDER RE: DOR AND LCB RECORDS as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply by Judge Marsha J. Pechman. (MD) (Entered: 04/19/2010)
04/19/2010195RESPONSE, by Arthur Montour as to Arthur Montour, Kenneth Hill, Native Wholesale Supply, to 182 MOTION in Limine. (Calfo, Angelo) (Entered: 04/19/2010)
04/19/2010196RESPONSE, by Arthur Montour as to Arthur Montour, Kenneth Hill, Native Wholesale Supply, to 152 MOTION in Limine. (Calfo, Angelo) (Entered: 04/19/2010)
04/19/2010197RESPONSE, by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 1 Exhibit A-F)(Dimke, Mary) Modified on 4/20/2010 (VB). (Entered: 04/19/2010)
04/20/2010  NOTICE of Docket Text Modification as to defendant Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supplyre 197 Response to Motion, : THE ATTACHMENT IS A DUPLICATE OF THE RESPONSE. COUNSEL WILL RE-FILE THE EXHIBITS. (VB) (Entered: 04/20/2010)
04/20/2010198PRAECIPE to attach document (Attachments A-F) re 197 Response to Motion, by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Dimke, Mary) (Entered: 04/20/2010)
04/20/2010199Proposed Jury Instructions by USA as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (Joint Instructions) (Parrent, Mark) (Entered: 04/20/2010)
04/20/2010200Proposed Jury Instructions by USA as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (Cited Instructions) (Parrent, Mark) (Entered: 04/20/2010)
04/20/2010201Proposed Jury Instructions by Arthur Montour as to Arthur Montour, Kenneth Hill, Native Wholesale Supply DEFENDANTS' PROPOSED JURY INSTRUCTIONS (CITED) (Attachments: # 2 Certificate of Service)(Calfo, Angelo) (Entered: 04/20/2010)
04/21/2010202APPLICATION OF ATTORNEY Robert J. Luddy FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Native Wholesale Supply (Fee Paid) Receipt No. 09810000000002047281 (Sim, J) (Entered: 04/21/2010)
04/21/2010203 ORDER re 202 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Robert J. Luddy as pro hac vice atty for Defendant Native Wholesale Supply, (No document associated with this docket entry, text only.) (MD) (Entered: 04/21/2010)
04/21/2010204MEMORANDUM IN SUPPORT OF PROPOSED JURY INSTRUCTIONS by Arthur Montour as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (Calfo, Angelo) (Entered: 04/21/2010)
04/21/2010205Proposed Voir Dire by Arthur Montour as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (Calfo, Angelo) (Entered: 04/21/2010)
04/21/2010206Proposed Voir Dire by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Dimke, Mary) (Entered: 04/21/2010)
04/22/2010207 MOTION to Exclude Irrelevant Evidence of Wealth by Kenneth Hill, Native Wholesale Supply. (Attachments: # 1 Proposed Order) Noting Date 4/30/2010, (Robinson, Jeffery) (Entered: 04/22/2010)
04/22/2010208REPLY, by USA as to Arthur Montour, Kenneth Hill, Native Wholesale Supply, TO RESPONSE to 1 Attachment A)(Parrent, Mark) (Entered: 04/22/2010)
04/22/2010209REPLY, by USA as to Arthur Montour, Kenneth Hill, Native Wholesale Supply, TO RESPONSE to 182 MOTION in Limine (Parrent, Mark) (Entered: 04/22/2010)
04/22/2010210RESPONSE, by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 1 Exhibit 1)(Cohen, Richard) (Entered: 04/22/2010)
04/22/2010211 MOTION DEFENDANTS' MOTION TO DISMISS OR CONTINUE by Arthur Montour as to Arthur Montour, Kenneth Hill, Native Wholesale Supply Oral Argument Requested. (Attachments: # 2 Proposed Order GRANTING DEFENDANTS' MOTION TO DISMISS OR CONTINUE) Noting Date 4/30/2010, (Calfo, Angelo) (Entered: 04/22/2010)
04/22/2010212SEALED DOCUMENT SECOND DECLARATION OF PATRICIA EAKES IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS OR CONTINUE by Arthur Montour as to Arthur Montour, Kenneth Hill, Native Wholesale Supply re 193 Order (Calfo, Angelo) (Entered: 04/22/2010)
04/23/2010216 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Richard Cohen, Mark Parrent; Def Cnsl: Angelo Calfo, Patricia Eakes, Jeffery Robinson, Robert Luddy, J Ronald Sim; Court Reporter: Nancy Bauer; Telephone Conference as to Arthur Montour, Kenneth Hill, Native Wholesale Supply held on 4/23/2010. Government's response to Defendants' motion to dismiss or continue is due by close of business 4/26/2010. Defendants' reply due by noon 4/27/2010. (RM) (Entered: 04/27/2010)
04/23/2010222 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Mark Parrent, Richard Cohen; Def Cnsl: J Ronald Sim, Patricia Eakes, Jeffery Robinson, Colette Tvedt, Angelo Calfo, Robert Luddy; Court Reporter: Denae Hovland; PRETRIAL CONFERENCE as to Arthur Montour, Kenneth Hill, Native Wholesale Supply held on 4/23/2010. General trial procedures discussed. Counsel to submit a one page, two sided questionnaire. Attorney voir dire time will be 30,30,15,15. Opening statements: Defendants' - 1 hour 45 minutes, Government - 45 minutes. Parties to provide a list of witnesses to give to jurors. Parties to submit a neutral statement of the case and a combined set of sorting questions. Proposed jury instructions discussed. Court will enter order reflecting rulings made on motions in limine. Court sets 4/28/2010 9:30 AM for oral argument on Defendants' motion to dismiss or continue (Dkt. No. 211.) (RM) (Entered: 04/29/2010)
04/26/2010213RESPONSE, by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 1 Exhibit A-D)(Dimke, Mary) (Entered: 04/26/2010)
04/26/2010214 MOTION in Limine re Payment of Federal Excise Taxes by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Exhibit Attachments A-D) Noting Date 5/7/2010, (Dimke, Mary) (Entered: 04/26/2010)
04/26/2010215Proposed Jury Instructions by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply Request for Additional Instruction (Attachments: # 2 Exhibits to Keller's Declaration)(Dimke, Mary) (Entered: 04/26/2010)
04/27/2010217PROPOSED ORDER (Unsigned) re 214 MOTION in Limine filed by USA (Dimke, Mary) (Entered: 04/27/2010)
04/27/2010218SEALED DOCUMENT Defendants' Reply in Response to Motion to Dismiss or Continue by Arthur Montour as to Arthur Montour, Kenneth Hill, Native Wholesale Supply re 1 Declaration of Patricia Eakes in Support of Motion to Dismiss or Continue)(Calfo, Angelo) (Entered: 04/27/2010)
04/27/2010219NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Darcie L. Houck for Defendant Native Wholesale Supply. (Sim, J) (Entered: 04/27/2010)
04/28/2010220ORDER granting in part and denying in part dfts' 211 Motion to dismiss or continue as to Arthur Montour (1), Kenneth Hill (3), Native Wholesale Supply (4) ; dfts and pltf to meet and confer by 4/29/10 at noon ; the court withdraws its Order 179 on certain pretrial motions by Judge Marsha J. Pechman.(RS) (Entered: 04/28/2010)
04/28/2010223 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Mark Parrent, Richard Cohen; Def Cnsl: Jeffery Robinson, Colette Tvedt, J Ronald Sim, Angelo Calfo, Patricia Eakes; Court Reporter: Kari McGrath; MOTION HEARING as to Arthur Montour, Kenneth Hill, Native Wholesale Supply held on 4/28/2010 regarding 211 DEFENDANTS' MOTION TO DISMISS OR CONTINUE filed by Arthur Montour. Defendants' appear telephonically. Oral argument presented. For the reasons stated orally on the record, the Court denies Defendants motion to dismiss and grants Defendants motion to continue the trial. See Order (Dkt. No. 220) for summary of rulings made. The parties are to meet and confer and inform the court by noon on 4/29/2010 whether 7/29/2010 is a feasible trial date. Court sets a new pretrial motion deadline of 5/28/2010 with the Governments response due 6/7/2010 and Defendants reply due 6/9/2010. (RM) (Entered: 04/29/2010)
04/29/2010221NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 3/30/2010 before Judge Marsha J. Pechman.

Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter Denae Hovland by telephone at 206-370-8508.

Release of Transcript Restriction set for 7/28/2010, (SA) (Entered: 04/29/2010)

04/29/2010225Proposed Voir Dire by Arthur Montour, USA, Kenneth Hill, Native Wholesale Supply as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (Robinson, Jeffery) (Entered: 04/29/2010)
04/29/2010226REQUEST for Additional Time for Jury Questionning / Withdrawal of Request for Jury Questionnaire by Arthur Montour, Kenneth Hill, Native Wholesale Supply (Robinson, Jeffery) (Entered: 04/29/2010)
04/30/2010227REPLY, by Arthur Montour as to Arthur Montour, Kenneth Hill, Native Wholesale Supply, TO RESPONSE to 1 THIRD DECLARATION OF PATRICIA EAKES IN SUPPORT OF MOTION TO DISMISS OR CONTINUE [REVISED])(Eakes, Patricia) (Entered: 04/30/2010)
04/30/2010228NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial Motion Hearing held on 4/23/2010 before Judge Marsha J. Pechman.

Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter Denae Hovland by telephone at 206-370-8505.

Release of Transcript Restriction set for 7/29/2010, (LMK) (Entered: 04/30/2010)

04/30/2010229 PRAECIPE FOR A SUBPOENA & clerk issued by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (MD) (Entered: 05/03/2010)
05/03/2010231AMENDED ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 96 MOTION to Dismiss Count(s) re Aiding and Abetting Allegation, or, in the alternative, for a Bill of Particuars filed by Kenneth Hill, 92 MOTION to Dismiss Count(s) filed by Arthur Montour, by Judge Marsha J. Pechman. (MD) (Entered: 05/03/2010)
05/03/2010232NOTICE by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply that the following is RE-NOTED: 214 MOTION in Limine ; Noting Date 7/9/2010, (Cohen, Richard) (Entered: 05/03/2010)
05/03/2010233PROPOSED ORDER (Unsigned) Granting Leave to Depose Representatives of Washington State Department of Revenue and Liquor Control Board (Calfo, Angelo) (Entered: 05/03/2010)
05/03/2010234ORDER ON MOTIONS IN LIMINE RE: 207 , by Judge Marsha J. Pechman.(MD) (Entered: 05/03/2010)
05/05/2010  NOTICE of Docket Text Modification as to defendant Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supplyre 235 Order Continuing Trial Date : text to read Peter not Arthur (CL) (Entered: 05/05/2010)
05/06/2010236NOTICE OF FILING OF OFFICIAL TRANSCRIPT of held on 4/28/2010 before Judge Marsha J. Pechman.

Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter Kari McGrath by telephone at 206-370-8509.

Release of Transcript Restriction set for 8/4/2010, (SA) (Entered: 05/06/2010)

05/10/2010239PROPOSED ORDER (Unsigned) Granting Leave to Depose Representatives of Washington State Department of Revenue and Liquor Control Board (Revised) (Calfo, Angelo) (Entered: 05/10/2010)
05/10/2010240ORDER GRANTING LEAVE TO DEPOSE REPRESENTATIVES OF WASHINGTON STATE DEPARTMENT OF REVENUE AND LIQUOR CONTROL BOARD as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 220 Order on Motion, by Judge Marsha J. Pechman. (MD) (Entered: 05/10/2010)
05/11/2010241WAIVER of Speedy Trial by Native Wholesale Supply (Sim, J) (Entered: 05/11/2010)
05/12/2010244 STIPULATED MOTION FOR ENTRY OF A PROTECTIVE ORDER by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order) Noting Date 5/21/2010, (Dimke, Mary) (Entered: 05/12/2010)
05/14/2010245MINUTE ORDER continuing jury trial to 7/29/2010 as to Arthur Montour, Kenneth Hill, Native Wholesale Supply. (cc: USPO) Jury Trial is set for 7/29/2010 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Pretrial Conference set for 7/6/2010 at 04:00 PM before Judge Marsha J. Pechman. The pretrial motion deadline is 5/28/2010 with Government's response due 6/7/2010 and Defendants' reply due 6/9/2010. Authorized by Judge Marsha J. Pechman. (RM) (Entered: 05/14/2010)
05/14/2010246ORDER granting 244 Stipulated Motion for entry of a protective order as to Arthur Montour (1), Peter Montour (2), Kenneth Hill (3), Native Wholesale Supply (4), by Judge Marsha J. Pechman.(MD) (Entered: 05/14/2010)
05/21/2010250MEMORANDUM AND REQUEST FOR STATUS CONFERENCE by USA as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Attachments 1 & 2)(Parrent, Mark) (Entered: 05/21/2010)
05/21/2010251 MOTION Defendants' Motion for Order Authorizing Overlength Briefs by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply. (Attachments: # 1 Proposed Order) Noting Date 5/21/2010, (Calfo, Angelo) (Entered: 05/21/2010)
05/24/2010252 NOTICE OF HEARING as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (cc: USPO, PTS, USMO) Status Hearing set for 5/24/2010 at 04:00 PM in Courtroom 14206 before Judge Marsha J. Pechman. (RM) (Entered: 05/24/2010)
05/24/2010253 MOTION to Seal Document by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply. (Attachments: # 1 Proposed Order) Noting Date 5/24/2010, (Robinson, Jeffery) (Entered: 05/24/2010)
05/24/2010254SEALED DOCUMENT - Defendants' Response to Government's Request for Status Conference by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 253 MOTION to Seal Document (Robinson, Jeffery) (Entered: 05/24/2010)
05/24/2010256ORDER granting 253 Defendants Motion to Seal Document/Response to the government's request for a status conference as to Arthur Montour (1), Peter Montour (2), Kenneth Hill (3), Native Wholesale Supply (4), by Judge Marsha J. Pechman.(MD) (Entered: 05/25/2010)
05/24/2010257 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Mark Parrent, Richard Cohen; Def Cnsl: Jeffery Robinson, Joseph Campagna, Colette Tvedt, J Ronald Sim, Angelo Calfo, Patricia Eakes, Mark Mukasey; Court Reporter: Denae Hovland; STATUS HEARING regarding discovery as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply held on 5/24/2010. Defendants' not in attendance. See Order (Dkt. No. 255) summarizing rulings made. (RM) (Entered: 05/25/2010)
05/25/2010255ORDER SUMMARIZING RULINGS MADE AT STATUS CONFERENCE - granting in part and denying in part 251 Defendants' Motion to file overlength pretrial briefs as to Arthur Montour (1), Peter Montour (2), Kenneth Hill (3), Native Wholesale Supply (4), by Judge Marsha J. Pechman.(MD) (Entered: 05/25/2010)
05/25/2010258MINUTE ORDER as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply: Court, the Honorable Marsha J. Pechman, United States District Judge: On May 25, 2010, the Court issued an order summarizing rulings made at oral argument. (Dkt. No. 255.) The Court now clarifies the sentence appearing at the start of paragraph 2 as follows: The Court directs the government to begin to examine the materials seized in the cigarette-related warrant search of March Point on May 15, 2007, by Judge Marsha J. Pechman. (RK) (Entered: 05/25/2010)
05/28/2010259MEMORANDUM RE: STATUS OF REVIEW OF SEIZED DOCUMENTS by USA as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (Parrent, Mark) (Entered: 05/28/2010)
05/28/2010260 MOTION to Seal Document MOTION TO SEAL MOTIONS TO STRIKE/DISMISS BASED ON VOID FOR VAGUENESS, GRAND JURY VIOLATIONS, PROSECUTORIAL MISCONDUCT AND SELECTIVE AND VINDICTIVE PROSECUTION AND DOCUMENTS FILED IN SUPPORT THEREOF by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order) Noting Date 6/11/2010, (Calfo, Angelo) (Entered: 05/28/2010)
05/28/2010261SEALED DOCUMENT DEFENDANTS' JOINT FACTUAL STATEMENT IN SUPPORT OF MOTIONS TO DISMISS BASED ON VOID FOR VAGUENESS, GRAND JURY VIOLATIONS, PROSECUTORIAL MISCONDUCT AND SELECTIVE AND VINDICTIVE PROSECUTION by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 260 MOTION to Seal Document (Calfo, Angelo) (Entered: 05/28/2010)
05/28/2010262SEALED DOCUMENT DECLARATION OF ANGELO J. CALFO IN SUPPORT OF DEFENDANTS' JOINT FACTUAL STATEMENT by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 3 Exhibit s Q-V)(Calfo, Angelo) (Entered: 05/28/2010)
05/28/2010263SEALED DOCUMENT DECLARATION OF AIMEE RACHUNOK by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 260 MOTION to Seal Document (Calfo, Angelo) (Entered: 05/28/2010)
05/28/2010264SEALED DOCUMENT DECLARATION OF JOSEPH CAMPAGNA by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 260 MOTION to Seal Document (Calfo, Angelo) (Entered: 05/28/2010)
05/28/2010265 SEALED MOTION to DEFENDANTS SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION TO DISMISS CCTA CHARGES UNDER THE VOID FOR VAGUENESS DOCTRINE;by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order) Noting Date 6/9/2010, (Calfo, Angelo) (Entered: 05/28/2010)
05/28/2010266 SEALED MOTION to DEFENDANTS MOTION TO DISMISS BASED ON OUTRAGEOUS GOVERNMENT CONDUCT;by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order) Noting Date 6/9/2010, (Calfo, Angelo) (Entered: 05/28/2010)
05/28/2010267 SEALED MOTION to DEFENDANTS MOTION TO DISMISS INDICTMENT FOR GRAND JURY MISCONDUCT;by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order) Noting Date 6/9/2010, (Calfo, Angelo) (Entered: 05/28/2010)
05/28/2010268 SEALED MOTION to Dismiss Because Defendants Have No Duty to Pre-Notify; by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply. (Attachments: # 1 Proposed Order) Noting Date 6/9/2010, (Robinson, Jeffery) (Entered: 05/28/2010)
05/28/2010270 SEALED MOTION to Dismiss for Selective and/or Vindictive Prosecution or for Discovery; by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply. (Attachments: # 1 Proposed Order) Noting Date 6/9/2010, (Robinson, Jeffery) (Entered: 05/28/2010)
05/28/2010271SEALED DOCUMENT - Declaration of J. Robinson by Kenneth Hill as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 260 MOTION to Seal Document (Robinson, Jeffery) (Entered: 05/28/2010)
06/04/2010272 MOTION for Leave to File Excess Pages GOVERNMENT'S MOTION TO COMBINE RESPONSIVE BRIEFING TO ONE OMNIBUS OVER-LENGTH BRIEF by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order) Noting Date 6/7/2010, (Dimke, Mary) (Entered: 06/04/2010)
06/04/2010273ORDER granting 272 Motion for Leave to File Excess Pages as to Arthur Montour (1), Peter Montour (2), Kenneth Hill (3), Native Wholesale Supply (4) by Judge Marsha J. Pechman.(IM) (Entered: 06/04/2010)
06/07/2010274RESPONSE, by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 269 SEALED MOTION to Compel Discovery under Rule 16 and Brady 55 MOTION for Hearing Defendant Arthur Montour's Motion for Ex Parte, In Camera Hearing re: Form 48 Bond Condition. (Gonick, Peter) Modified on 6/8/2010 (ELS). (Entered: 06/07/2010)
06/07/2010275 MOTION to Seal Document by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order)(Parrent, Mark) (Entered: 06/07/2010)
06/07/2010276SEALED DOCUMENT RESPONSE TO MOTIONS FILED MAY 28, 2010 by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 275 MOTION to Seal Document (Parrent, Mark) (Entered: 06/07/2010)
06/08/2010  NOTICE of Docket Text Modification as to defendant Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 274 Response to Motion, : amended text and relinked Response to the correct Motion: 269 SEALED MOTION to Compel Discovery under Rule 16 and Brady. (ELS) (Entered: 06/08/2010)
06/08/2010277SEALED DOCUMENT APPENDIX TO CONSOLIDATED RESPONSE by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 3 APPENDIX_441-523)(Parrent, Mark) (Entered: 06/08/2010)
06/09/2010278 MOTION to Seal Document MOTION TO SEAL REPLY BRIEFS AND SUPPORTING DOCUMENTS by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order) Noting Date 6/18/2010, (Calfo, Angelo) (Entered: 06/09/2010)
06/09/2010279 MOTION to Seal Document by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply. (Attachments: # 1 Proposed Order) Noting Date 6/18/2010, (Robinson, Jeffery) (Entered: 06/09/2010)
06/09/2010280SEALED DOCUMENT DEFENDANTS REPLY TO GOVERNMENTS CONSOLIDATED RESPONSE RE: VOID FOR VAGUENESS by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 278 MOTION to Seal Document (Calfo, Angelo) (Entered: 06/09/2010)
06/09/2010281SEALED DOCUMENT DEFENDANTS' REPLY IN SUPPORT OF MOTION TO DISMISS THE INDICTMENT FOR GRAND JURY MISCONDUCT by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 278 MOTION to Seal Document (Calfo, Angelo) (Entered: 06/09/2010)
06/09/2010282SEALED DOCUMENT Reply in Support of Motion to Dismiss (Dkt. 268) by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 279 MOTION to Seal Document (Robinson, Jeffery) (Entered: 06/09/2010)
06/09/2010283SEALED DOCUMENT DEFENDANTS' REPLY IN SUPPORT OF MOTION TO COMPEL DISCOVERY UNDER RULE 16 AND BRADY by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 278 MOTION to Seal Document (Calfo, Angelo) (Entered: 06/09/2010)
06/09/2010284SEALED DOCUMENT Reply in Support of Motion to Dismiss (Dkt. 270) by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 279 MOTION to Seal Document (Robinson, Jeffery) (Entered: 06/09/2010)
06/09/2010285SEALED DOCUMENT Declaration of Counsel in Support of Dkt. 270, 284 by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 279 MOTION to Seal Document (Robinson, Jeffery) (Entered: 06/09/2010)
06/09/2010286SEALED DOCUMENT REPLY BRIEF IN SUPPORT OF DEFENDANTS MOTION TO DISMISS BASED ON OUTRAGEOUS GOVERNMENT CONDUCT by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 1 Declaration of Angelo J. Calfo)(Calfo, Angelo) (Entered: 06/09/2010)
06/10/2010287SEALED DOCUMENT Erratum re Reply in Support of Motion to Dismiss (Dkt. 284) by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 279 MOTION to Seal Document (Robinson, Jeffery) (Entered: 06/10/2010)
06/21/2010289ORDER granting in part and denying in part on Motions to Seal 279 . The parties shall file redacted version of such documents within 10 days of this order, by Judge Marsha J. Pechman.(MD) (Entered: 06/22/2010)
06/28/2010291 MOTION to Dismiss Count(s) MOTION TO STRIKE PERJURY AND OBSTRUCTION ALLEGATIONS RELATING TO OPINIONS AND LEGAL CONCLUSIONS FROM THIRD SUPERCEDING INDICTMENT by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 7/16/2010, (Calfo, Angelo) (Entered: 06/28/2010)
06/28/2010292 MOTION to Dismiss Count(s) DEFENDANT ARTHUR MONTOUR'S MOTION TO DISMISS COUNTS 17 AND 18 FOR FAILURE TO STATE AN OFFENSE (VENUE) by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order) Noting Date 7/16/2010, (Calfo, Angelo) (Entered: 06/28/2010)
06/28/2010293 MOTION to Dismiss Count(s) DEFENDANT MONTOUR'S MOTION TO DISMISS COUNTS 17 AND 18 AS BARRED BY CLAIM PRECLUSION by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order) Noting Date 7/16/2010, (Calfo, Angelo) (Entered: 06/28/2010)
06/28/2010294Certificate of Service by Arthur Montour as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 293 MOTION to Dismiss Count(s) (Calfo, Angelo) (Entered: 06/28/2010)
06/30/2010296 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mark Parrent, Mary Dimke, Richard Cohen; Def Cnsl: Patricia Eakes; Court Reporter: Kari McGrath; Telephone Conference as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply held on 6/30/2010. Peter Gonick, counsel for Department of Revenue Liquor Board and Mary Tenneson, counsel for Liquor Control Board also present. DOR and LCB must file motion to seal by 7/9/2010. Defendants and Government response due 7/19/2010; replies due 7/23/2010. The deadline for fiing redacted briefing on motions to dismiss is extended to 7/7/2010. See Order (Dkt. No. 295) summarizing rulings. (RM) (Entered: 07/01/2010)
07/01/2010295ORDER SUMMARIZING RULINGS MADE DURING TELEPHONIC CONFERENCE- as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply by Judge Marsha J. Pechman. (MD) (Entered: 07/01/2010)
07/06/2010301 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mark Parrent, Mary Dimke, Richard Cohen; Def Cnsl: Jeffery Robinson, J. Ronald Sim, Colette Tvedt, Patricia Eakes, Angelo Calfo, Robert Leddy, Mark Mukasey, Philip Bezanson; Court Reporter: Debbie Zurn; PRETRIAL CONFERENCE as to Arthur Montour, Kenneth Hill, Native Wholesale Supply held on 7/6/2010. Chantell Montour present. Defendants not in attendance. Proposed revised jury instructions due 7/9/2010. Parties are to provide a proposed schedule for trial, electronic version of proposed exhibits in PDF format, revised witness and exhibit list by 7/21/2010. See Minute Order (Dkt. No. 297). (RM) (Entered: 07/08/2010)
07/07/2010297MINUTE ORDER as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply by Judge Marsha J. Pechman. (cc: USPO): On July 6, 2010, the Court held a pretrial conference in this matter. The parties shall provide any proposed revised instructions no later than Friday, July 9, 2010 at 5:00 p.m. The Court specifically requests the following proposed revised instructions: (1) a joint neutral statement of the facts; (2) a definition of "overt acts;" and (3) a Baker "mistake of fact" instruction. By July 21, 2010, the parties shall provide the Court with (1) a proposed schedule for trial and (2) an electronic version of proposed exhibits in PDF format. Defendants need not provide copies of exhibits that may be used for impeachment purposes only. (RK) (Entered: 07/07/2010)
07/07/2010299REDACTION Redacted Omnibus Response to Defendants' Motions to Dismiss by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Parrent, Mark) (Entered: 07/07/2010)
07/07/2010300MINUTE ORDER as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply by Judge Marsha J. Pechman. (cc: USPO): In conjunction with their proposed revisions to the Court's preliminary jury instructions, the parties shall submit proposed verdict forms no later than 5:00 p.m. on Friday, July 9, 2010. The Court further requests the parties submit a witness list, to be used during voir dire, no later than July 21, 2010. (RK) (Entered: 07/07/2010)
07/08/2010302REDACTION to 261 Sealed Document, filed by Arthur Montour DEFENDANTS' JOINT FACTUAL STATEMENT IN SUPPORT OF MOTIONS TO DISMISS BASED ON VOID FOR VAGUENESS, GRAND JURY VIOLATIONS, PROSECUTORIAL MISCONDUCT AND SELECTIVE AND VINDICTIVE PROSECUTION by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Tennyson, Mary) (Entered: 07/08/2010)
07/08/2010303REDACTION to 262 Sealed Document, filed by Arthur Montour DECLARATION OF ANGELO J. CALFO IN SUPPORT OF DEFENDANTS' JOINT FACTUAL STATEMENT by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 3 Exhibit Q-V)(Tennyson, Mary) (Entered: 07/08/2010)
07/08/2010304REDACTION to 264 DECLARATION OF JOSEPH CAMPAGNA by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Tennyson, Mary) Modified on 7/8/2010: added link, per filer (HBR). (Entered: 07/08/2010)
07/08/2010305REDACTION to 265 SEALED MOTION to DEFENDANTS SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION TO DISMISS CCTA CHARGES UNDER THE VOID FOR VAGUENESS DOCTRINE; filed by Arthur Montour by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Tennyson, Mary) (Entered: 07/08/2010)
07/08/2010306REDACTION to 266 SEALED MOTION to DEFENDANTS MOTION TO DISMISS BASED ON OUTRAGEOUS GOVERNMENT CONDUCT; filed by Arthur Montour by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Tennyson, Mary) (Entered: 07/08/2010)
07/08/2010307REDACTION to 267 SEALED MOTION to DEFENDANTS MOTION TO DISMISS INDICTMENT FOR GRAND JURY MISCONDUCT; filed by Arthur Montour by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Tennyson, Mary) (Entered: 07/08/2010)
07/08/2010308REDACTION to 268 SEALED MOTION to Dismiss Because Defendants Have No Duty to Pre-Notify; filed by Arthur Montour, Native Wholesale Supply, Kenneth Hill, Peter Montour by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Tennyson, Mary) (Entered: 07/08/2010)
07/08/2010309RESPONSE, by Native Wholesale Supply as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 214 MOTION in Limine. (Sim, J) (Entered: 07/08/2010)
07/08/2010310 MOTION to Quash Subpoena by Native Wholesale Supply. (Attachments: # 1 Proposed Order) Noting Date 7/16/2010, (Sim, J) (Entered: 07/08/2010)
07/08/2010311REDACTION to 269 SEALED MOTION to MOTION TO COMPEL DISCOVERY UNDER RULE 16 AND BRADY; filed by Arthur Montour by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 DECLARATION OF ANGELO J. CALFO IN SUPPORT OF MOTION TO COMPEL)(Tennyson, Mary) (Entered: 07/08/2010)
07/08/2010312REDACTION to 270 SEALED MOTION to Dismiss for Selective and/or Vindictive Prosecution or for Discovery; filed by Arthur Montour, Native Wholesale Supply, Kenneth Hill, Peter Montour by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Tennyson, Mary) (Entered: 07/08/2010)
07/08/2010313REDACTION to 280 Sealed Document filed by Arthur Montour, Native Wholesale Supply, Kenneth Hill, Peter Montour by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Tennyson, Mary) (Entered: 07/08/2010)
07/08/2010314REDACTION to 281 Sealed Document, filed by Arthur Montour, Native Wholesale Supply, Kenneth Hill, Peter Montour DEFENDANTS' REPLY IN SUPPORT OF MOTION TO DISMISS THE INDICTMENT FOR GRAND JURY MISCONDUCT by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Tennyson, Mary) (Entered: 07/08/2010)
07/08/2010  NOTICE of Docket Text Modification as to defendant Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supplyre 304 Redacted Document : added link, per filer. (HBR) (Entered: 07/08/2010)
07/08/2010315REDACTION to 282 Sealed Document filed by Arthur Montour, Native Wholesale Supply, Kenneth Hill, Peter Montour REPLY IN SUPPORT OF MOTION TO DISMISS (Dkt. 268) by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Tennyson, Mary) (Entered: 07/08/2010)
07/08/2010316REDACTION Appendix to Redacted Omnibus Response to Defendants' Motions to Dismiss by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 3 APPENDIX_403-523)(Parrent, Mark) (Entered: 07/08/2010)
07/08/2010317REDACTION to 283 Sealed Document, filed by Arthur Montour, Native Wholesale Supply, Kenneth Hill, Peter Montour DEFENDANTS' REPLY IN SUPPORT OF MOTION TO COMPEL DISCOVERY UNDER RULE 16 AND BRADY by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Tennyson, Mary) (Entered: 07/08/2010)
07/08/2010318REDACTION to 285 Sealed Document filed by Arthur Montour, Native Wholesale Supply, Kenneth Hill, Peter Montour DECLARATION OF COUNSEL IN SUPPORT OF Dkt. 270, 284 by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Tennyson, Mary) (Entered: 07/08/2010)
07/08/2010319REDACTION to 286 Sealed Document, filed by Arthur Montour, Native Wholesale Supply, Kenneth Hill, Peter Montour REPLY BRIEF IN SUPPORT OF DEFENDANTS MOTION TO DISMISS BASED ON OUTRAGEIOUS GOVERNMENT CONDUCT by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Declaration of Angelo J. Calfo)(Tennyson, Mary) (Entered: 07/08/2010)
07/08/2010320Certificate of Service by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Tennyson, Mary) (Entered: 07/08/2010)
07/09/2010321 MOTION to Seal Document and Memorandum in Support Thereof by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 2 Redaction Log)(Gonick, Peter) (Entered: 07/09/2010)
07/09/2010322PROPOSED JURY VERDICT FORM by USA as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (Dimke, Mary) (Entered: 07/09/2010)
07/09/2010323Proposed Jury Instructions by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Dimke, Mary) (Entered: 07/09/2010)
07/09/2010324Proposed Jury Instructions by Arthur Montour, Kenneth Hill, Native Wholesale Supply Defendants' Proposed Revisions to Court's Preliminary Jury Instructions (Calfo, Angelo) (Entered: 07/09/2010)
07/09/2010325PROPOSED JURY VERDICT FORM by Arthur Montour, Kenneth Hill, Native Wholesale Supply (Calfo, Angelo) (Entered: 07/09/2010)
07/12/2010326RESPONSE, by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 293 MOTION to Dismiss Count(s) MOTION to Dismiss Count(s). (Cohen, Richard) (Entered: 07/12/2010)
07/12/2010327 MOTION for Leave to file additional briefing by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order) Noting Date 7/23/2010, (Dimke, Mary) (Entered: 07/12/2010)
07/12/2010328RESPONSE, by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 291 MOTION to Dismiss Count(s) MOTION to Dismiss Count(s). (Dimke, Mary) (Entered: 07/12/2010)
07/12/2010329RESPONSE, by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 292 MOTION to Dismiss Count(s) MOTION to Dismiss Count(s). (Dimke, Mary) (Entered: 07/12/2010)
07/13/2010330PROPOSED ORDER (Unsigned) CONTINUING TRIAL DATE ON SEVERED COUNTS 17, 18, AND 19 (Cohen, Richard) (Entered: 07/13/2010)
07/13/2010331ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS; dkts 1 Appendix A - Sealed) (RS) (Entered: 07/13/2010)
07/14/2010333MINUTE ORDER: The Court attaches its revised proposed preliminary instructiosn to this minute order. The Court GRANTS the government's motion for leave to file additional briefing to the limited extent it address revisions in the Court's instructions or omissions from the instructions. (Dkt. No. 327.) The government shall file such a brief no later than Friday, July 16, 2010 at noon. The Court further requests Defendants file any objections to the government's proposed order continuing the trial date on the severed counts by Friday, July 16, 2010 at noon. If the Court does not receive any objections by that time, the Court will proceed on counsels representation at the pretrial conference that a continuance of the trial date is appropriate, by Judge Marsha J. Pechman. (Attachments: # 1 Exhibit Court's Revised Proposed Preliminary Instructions)(RK) (Entered: 07/14/2010)
07/15/2010334ORDER on govt's 214 Motion in Limine re payment of federal excise taxes ; as to Arthur Montour (1), Peter Montour (2), Kenneth Hill (3), Native Wholesale Supply (4) by Judge Marsha J. Pechman.(RS) (Entered: 07/15/2010)
07/15/2010335RESPONSE, by USA as to Arthur Montour, Kenneth Hill, Native Wholesale Supply, to 1 Exhibit)(Parrent, Mark) (Entered: 07/15/2010)
07/15/2010336 MOTION for production by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Exhibit A-B) Noting Date 7/23/2010, (Dimke, Mary) (Entered: 07/15/2010)
07/16/2010337MEMORANDUM RE: COURT'S PROPOSED PRELIMINARY JURY INSTRUCTIONS by USA as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (Parrent, Mark) (Entered: 07/16/2010)
07/16/2010338PROPOSED ORDER (Unsigned) re 336 MOTION for production filed by USA (Dimke, Mary) (Entered: 07/16/2010)
07/16/2010339 MOTION FOR DAUBERT HEARING OR TO COMPEL RULE 16 EXPERT DISCOVERY AND DISCLOSURES by USA as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 2 Attachment A) Noting Date 7/30/2010, (Dimke, Mary) (Entered: 07/16/2010)
07/16/2010340ORDER CONTINUING TRIAL DATE ON SEVERED COUNTS 17, 18 AND 19 as to Arthur Montour, Native Wholesale Supply by Judge Marsha J. Pechman. (cc: PTS/USPO, USMO) Jury Trial is set for 9/20/2010 before Judge Marsha J. Pechman. (RS) (Entered: 07/16/2010)
07/16/2010341REPLY, by Native Wholesale Supply as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, TO RESPONSE to 310 MOTION to Quash Subpoena (Sim, J) (Entered: 07/16/2010)
07/16/2010342REPLY, by Arthur Montour, Native Wholesale Supply, TO RESPONSE to 291 MOTION to Dismiss Count(s) MOTION to Dismiss Count(s) (Calfo, Angelo) (Entered: 07/16/2010)
07/19/2010345MINUTE ORDER as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply by Judge Marsha J. Pechman: The Court requests the parties file the portion of the transcript of the March 29, 2010 hearing where the Court heard argument on and ruled on Defendant Arthur Montour's motion to dismiss the false declaration charges. (See Dkt. Nos. 86, 163.) The excerpt of the transcript shall be filed no later than Friday, July 23, 2010. (RK) (Entered: 07/19/2010)
07/20/2010347NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial Conference held on 7/6/2010 before Judge Marsha J. Pechman.

Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter Debbie K. Zurn by telephone at 206-370-8504.

Release of Transcript Restriction set for 10/18/2010, (SA) (Entered: 07/20/2010)

07/21/2010348ORDER granting 310 Motion to Quash as to Native Wholesale Supply (4): Because the government has failed to establish the relevance, admissibility, or specificity of the documents requested, the Court GRANTS NWS's motion to quash sections 4(b) and 4(c) of the government's subpoena, by Judge Marsha J. Pechman.(RK) (Entered: 07/21/2010)
07/21/2010349 MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT REGARDING THEORIES OF SELECTIVE PROSECUTION AND STATUTORY VAGUENESS by USA as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 4 Exhibit D)(Dimke, Mary) (Entered: 07/21/2010)
07/21/2010350 MOTION in Limine TO EXCLUDE THE TESTIMONY OF MARIA MILANO, OR IN THE ALTERNATIVE FOR A DAUBERT HEARING by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Cohen, Richard) (Entered: 07/21/2010)
07/21/2010351MEMORANDUM DEFENDANTS PROPOSED TRIAL SCHEDULE by Arthur Montour, Kenneth Hill, Native Wholesale Supply (Calfo, Angelo) (Entered: 07/21/2010)
07/21/2010352EXHIBIT LIST by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Dimke, Mary) (Entered: 07/21/2010)
07/21/2010353WITNESS LIST by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Dimke, Mary) (Entered: 07/21/2010)
07/21/2010354STATUS MEMORANDUM and Trial Schedule by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Dimke, Mary) (Entered: 07/21/2010)
07/21/2010356DEFENSE EXHIBIT LIST by Arthur Montour, Kenneth Hill, Native Wholesale Supply with attached confidential CD (RS) (Entered: 07/22/2010)
07/22/2010355RESPONSE, by Arthur Montour, Kenneth Hill, Native Wholesale Supply, to 336 MOTION for production. (Calfo, Angelo) (Entered: 07/22/2010)
07/22/2010357WITNESS LIST by Arthur Montour, Kenneth Hill, Native Wholesale Supply (Calfo, Angelo) (Entered: 07/22/2010)
07/22/2010358RESPONSE, by Arthur Montour, Kenneth Hill, Native Wholesale Supply, to 349 MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT REGARDING THEORIES OF SELECTIVE PROSECUTION AND STATUTORY VAGUENESS. (Calfo, Angelo) (Entered: 07/22/2010)
07/23/2010359REPLY, by Department of Revenue Liquor Board as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, TO RESPONSE to 321 MOTION to Seal Document and Memorandum in Support Thereof (Gonick, Peter) (Entered: 07/23/2010)
07/25/2010361 MOTION in Limine to Exclude Defendants' Exhibits 1000, 1001, 1002, 1003, 1004, 1700 and 1701 by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Exhibit Exhibits A and B)(Dimke, Mary) (Entered: 07/25/2010)
07/26/2010362TRIAL BRIEF by Arthur Montour, Kenneth Hill, Native Wholesale Supply (Calfo, Angelo) (Entered: 07/26/2010)
07/26/2010363TRIAL BRIEF by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Dimke, Mary) (Entered: 07/26/2010)
07/27/2010364MINUTE ORDER as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply by Judge Marsha J. Pechman. (cc: USPO): Upon review of Defendants' trial brief, the Court has modified Instruction No. 24. (Dkt. No. 362 at 7-8.) The Court attaches a copy of the updated instructions to this Minute Order. (Attachments: # 1 Exhibit Court's Preliminary Instructions) (RK) (Entered: 07/27/2010)
07/27/2010365Emergency MOTION to Compel Testimony of Gary Sanden by USA as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 2 Proposed Order) Noting Date 7/27/2010, (Parrent, Mark) (Entered: 07/27/2010)
07/27/2010366RESPONSE, by Arthur Montour, Kenneth Hill, Native Wholesale Supply, to 350 MOTION in Limine TO EXCLUDE THE TESTIMONY OF MARIA MILANO, OR IN THE ALTERNATIVE FOR A DAUBERT HEARING. (Calfo, Angelo) (Entered: 07/27/2010)
07/27/2010367MEMORANDUM in Respone to Defendants' Trial Brief (Motion to Exclude) by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Dimke, Mary) (Entered: 07/27/2010)
07/27/2010369 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Mark Parrent, Richard Cohen; Def Cnsl: Jeffery Robinson, J. Ronald Sim, Colette Tvedt, Patricia Eakes, Angelo Calfo, Robert Leddy; Court Reporter: Debbie Zurn; Telephone Conference as to Arthur Montour, Kenneth Hill, Native Wholesale Supply held on 7/27/2010. Trial hours extended, will be 8:00 a.m. to 4:30 p.m., shortened lunch hour, and will take up issues after jury excused at end of day. Parties to provide combined list of witnesses for jurors. Court directs parties to go through exhibits and indicate whether authenticity and admissibility is agreed. Court will allow defense to call out of order witness at end of day, 7/30/2010. (RM) (Entered: 07/28/2010)
07/28/2010370ORDER ON ADDITIONAL MOTIONS IN LIMINE AND CERTAIN EVIDENTIARY ISSUES RAISED IN THE TRIAL BRIEFS: denying govt's 361 Motion re certain provisions of the RCW; Daubert Hearing set for 7/29/2010 at 04:45 PM by Judge Marsha J. Pechman.(RS) (Entered: 07/28/2010)
07/28/2010371WITNESS LIST by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Dimke, Mary) (Entered: 07/28/2010)
07/28/2010372AMENDMENT to 352 Exhibit List -First Amended Exhibit List with Stipulations Column- by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Dimke, Mary) (Entered: 07/28/2010)
07/28/2010374MEMORANDUM Defendants' Response re: Evidence of December 2001 Meeting Involving Defendants by Arthur Montour, Kenneth Hill, Native Wholesale Supply re 367 Memorandum filed by USA (Calfo, Angelo) (Entered: 07/28/2010)
07/29/2010376 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Mark Parrent, Richard Cohen; Def Cnsl: Jeffery Robinson, J. Ronald Sim, Colette Tvedt, Patricia Eakes, Angelo Calfo, Robert Leddy; Court Reporter: Debbie Zurn, Nancy Bauer; JURY TRIAL Day 1 as to Arthur Montour, Kenneth Hill, Native Wholesale Supply held on 7/29/2010. Preliminary instructions discussed. Formal exceptions taken. Court orders email communication between United States Attorneys office and prospective juror be turned over. Court excuses juror for reasons stated orally. Jury panel enters and is sworn. Court conducts voir dire. Jurors 5, 28 and 51 challenged and excused for cause. Jury empanelled and sworn. Court preliminarily instructs the jury. Opening statements. Plaintiff calls Leland F. Smith. Jury excused. Jury trial resumes 7/30/2010 at 8:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Defendants remain on bond. (RM) (Entered: 07/30/2010)
07/29/2010378 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Mark Parrent, Richard Cohen; Def Cnsl: Jeffery Robinson, J. Ronald Sim, Colette Tvedt, Patricia Eakes, Angelo Calfo, Robert Leddy; Court Reporter: Debbie Zurn; MOTION HEARING as to Arthur Montour, Kenneth Hill, Native Wholesale Supply held on 7/29/2010 350 MOTION in Limine TO EXCLUDE THE TESTIMONY OF MARIA MILANO, OR IN THE ALTERNATIVE FOR A DAUBERT HEARING filed by USA. Motion is granted for a daubert hearing. Defendant calls Maria Milano. Preliminary hearing exhibit 3.1a, 3.1b, 12.1a and 13.1a admitted. Oral argument. Court denies motion to exclude testimony of Maria Milano for the reasons stated orally on the record. (RM) (Entered: 07/30/2010)
07/29/2010386Preliminary Jury Instructions as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (RM) (Entered: 08/03/2010)
07/30/2010375 MOTION for Reconsideration of Order Excluding Testimony Regarding December 2001 Meeting by USA as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 4 Exhibit Exhibit 4)(Parrent, Mark) (Entered: 07/30/2010)
07/30/2010377COMPULSION ORDER granting govt's 365 Motion to Compel; as to Arthur Montour (1), Kenneth Hill (3), Native Wholesale Supply (4) by Judge Marsha J. Pechman.(RS) (Entered: 07/30/2010)
07/30/2010381 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Mark Parrent, Richard Cohen; Def Cnsl: Jeffery Robinson, J. Ronald Sim, Colette Tvedt, Patricia Eakes, Angelo Calfo, Robert Leddy; Court Reporter: Debbie Zurn, Nancy Bauer; JURY TRIAL Day two as to Arthur Montour, Kenneth Hill, Native Wholesale Supply held on 7/30/2010. Leland Smith resumes testimony. Plaintiff calls Frank Young. Plaintiff calls Joel Miller. Plaintiff calls Edward Goodridge Jr. Defense calls out of order witness Maria Milano. Plaintiff calls Linda Goodridge. Plaintiff calls Gary Sanden. Jury excused. Jury trial resumes 8/2/2010 at 8:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Defendants remain on bond. (RM) (Entered: 08/02/2010)
08/02/2010387 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Mark Parrent, Richard Cohen; Def Cnsl: J Ronald Sim, Robert Luddy, Angelo Calfo, Patricia Eakes, Colette Tvedt, Jeffery Robinson; Court Reporter: Debbie Zurn, Nancy Bauer; JURY TRIAL Day three as to Arthur Montour, Kenneth Hill, Native Wholesale Supply held on 8/2/2010. Plaintiff calls David Zuni. Plaintiff calls Alberto Ortega. Plaintiff calls Robert Anderlik. Plaintiff calls Juan Moreno. Plaintiff calls Mona Robley. Plaintiff calls Richard Boyd Robley. Jury excused. Parties are to file proposed final jury instructions by noon, 8/4/2010. Jury trial resumes 8/3/2010 at 8:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Defendants remain on bond. (RM) (Entered: 08/03/2010)
08/03/2010383MEMORANDUM regarding Admissibility of Declarations by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Dimke, Mary) (Entered: 08/03/2010)
08/03/2010384MEMORANDUM Identifying Statements by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Dimke, Mary) (Entered: 08/03/2010)
08/03/2010385RESPONSE, by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 382 MOTION to Exclude Irrelevant and Prejudicial Yanity Statements. (Dimke, Mary) (Entered: 08/03/2010)
08/03/2010388ORDER denying 375 Government's Motion for Reconsideration as to Arthur Montour (1), Kenneth Hill (3), Native Wholesale Supply (4), by Judge Marsha J. Pechman.(MD) (Entered: 08/03/2010)
08/03/2010391 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Mark Parrent; Def Cnsl: J Ronald Sim, Robert Luddy, Angelo Calfo, Patricia Eakes, Colette Tvedt, Jeffery Robinson; Court Reporter: Debbie Zurn; MOTION HEARING as to Arthur Montour, Kenneth Hill, Native Wholesale Supply held on 8/3/2010. Motion is granted in part for a daubert hearing. Defendant calls Dr. David Reid. Preliminary hearing exhibit 1203 admitted. Oral argument. Court grants motion to exclude testimony of Dr. David Reid. (RM) (Entered: 08/04/2010)
08/03/2010392 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Mark Parrent; Def Cnsl: J Ronald Sim, Robert Luddy, Angelo Calfo, Patricia Eakes, Colette Tvedt, Jeffery Robinson; Court Reporter: Debbie Zurn, Nancy Bauer; JURY TRIAL Day four as to Arthur Montour, Kenneth Hill, Native Wholesale Supply held on 8/3/2010. Plaintiff calls Darren Cooper. Plaintiff calls Bryan Porter. As to Defendant Hills motion to exclude irrelevant and prejudicial Yanity statements (Dkt. No. 382), Shawn Yanity takes the stand. Court grants in part Defendant Hills motion to exclude irrelevant and prejudicial Yanity statements for reasons stated on the record. Plaintiff calls Theresa Young. Plaintiff calls Rodney Mittman. Jury excused. As to authenticity of out of district deposition of Arthur Montour, Lori Beck takes the stand. Oral argument. Court defers ruling. As to Defendants motion to exclude testimonial declarations of Arthur Montour, parties may file supplemental briefing. Jury trial resumes 8/4/2010 at 8:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Defendants remain on bond. (RM) (Entered: 08/04/2010)
08/04/2010390SUPPLEMENT UNITED STATES' SUPPLEMENTAL MEMORANDUM RE: ADMISSION OF ARTHUR MONTOUR DECLARATIONS by USA as to Arthur Montour, Kenneth Hill, Native Wholesale Supply re 383 Memorandum (Dimke, Mary) (Entered: 08/04/2010)
08/04/2010393Proposed Jury Instructions by USA as to Arthur Montour, Kenneth Hill, Native Wholesale Supply UNITED STATES' PROPOSED FINAL JURY INSTRUCTIONS (Parrent, Mark) (Entered: 08/04/2010)
08/04/2010399 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Mark Parrent; Def Cnsl: J Ronald Sim, Roberty Luddy, Angelo Calfo, Patricia Eakes, Colette Tvedt, Jeffery Robinson; Court Reporter: Debbie Zurn, Nancy Bauer; JURY TRIAL Day five as to Arthur Montour, Kenneth Hill, Native Wholesale Supply held on 8/4/2010. Oral argument. Court grants Defendants motion (Dkt. No. 389) to exclude testimonial declarations of Arthur Montour for the reasons stated orally. Plaintiff calls David Hummel. Plaintiff rests. Opening statement by Defendant Native Wholesale Supply. Defendants call Tim Thompson. Jury excused. Jury trial continues on 8/5/2010 at 8:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. (RM) (Entered: 08/09/2010)
08/05/2010394 MOTION Modify Elements Instruction to Apply Knowledge Element to All Prohibited Acts by Kenneth Hill as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order) Noting Date 8/5/2010, (Robinson, Jeffery) (Entered: 08/05/2010)
08/05/2010395Proposed Jury Instructions by Arthur Montour, Kenneth Hill, Native Wholesale Supply DEFENDANTS' PROPOSED SUPPLEMENTAL JURY INSTRUCTIONS (CITED) (Calfo, Angelo) (Entered: 08/05/2010)
08/05/2010396Proposed Jury Instructions by Arthur Montour, Kenneth Hill, Native Wholesale Supply DEFENDANTS' PROPOSED SUPPLEMENTAL JURY INSTRUCTIONS (UNCITED) (Calfo, Angelo) (Entered: 08/05/2010)
08/05/2010397MEMORANDUM GOVERNMENT'S MEMORANDUM REGARDING REBUTTAL CASE by USA as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (Parrent, Mark) (Entered: 08/05/2010)
08/05/2010398MEMORANDUM regarding Jury Instructions by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Dimke, Mary) (Entered: 08/05/2010)
08/05/2010400 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Mark Parrent; Def Cnsl: J Ronald Sim, Robert Luddy, Angelo Calfo, Patricia Eakes, Colette Tvedt, Jeffery Robinson; Court Reporter: Debbie Zurn, Nancy Bauer; JURY TRIAL Day six as to Arthur Montour, Kenneth Hill, Native Wholesale Supply held on 8/5/2010. Defendants call Mark Tolland. Defendants call Greg Thompson. Defendants call Bruce Brady. Defendants call Bernard Johnston. Defendants' NWS, Arthur Montour and Kenneth Hill rest. Court denies Plaintiffs request for a rebuttal case for the reasons stated orally. Jury excused. Defendants make Rule 29 motions for dismissal on all counts. Court reserves ruling. Defendants to file proposed verdict form by 5:00 pm today. Jury trial continues on 8/6/2010 at 8:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. (RM) (Entered: 08/09/2010)
08/06/2010401 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Mark Parrent; Def Cnsl: J Ronald Sim, Robert Luddy, Angelo Calfo, Patricia Eakes, Colette Tvedt, Jeffery Robinson; Court Reporter: Debbie Zurn, Nancy Bauer; JURY TRIAL Day seven as to Arthur Montour, Kenneth Hill, Native Wholesale Supply held on 8/6/2010. Final jury instructions discussed. Formal exceptions taken. Court instructs the jury. Closing arguments. Alternate jurors released. Jury excused to begin deliberations. Jury trial deliberations continued to 8/9/2010 at 8:30 AM in Courtroom 14206 before Judge Marsha J. Pechman. Defendants remain on bond. (RM) (Entered: 08/09/2010)
08/06/2010402Court's Final Jury Instructions as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (RM) (Entered: 08/09/2010)
08/09/2010403United States Jury Trial Witness List as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (RM) (Entered: 08/10/2010)
08/09/2010404Defendants' Jury Trial Witness List as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (RM) (Entered: 08/10/2010)
08/09/2010406 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Mark Parrent; Def Cnsl: J Ronald Sim, Angelo Calfo, Colette Tvedt, Jeffery Robinson; JURY TRIAL - Jury in Deliberation Only - Day eight of trial as to Arthur Montour, Kenneth Hill, Native Wholesale Supply held on 8/9/2010. Jury continues deliberations. Jury question received. Telephonically, counsel and court agree on and answer jury question. Jury excused with deliberations to continue on 8/10/2010 at 8:30 AM in Courtroom 14206 before Judge Marsha J. Pechman. (RM) (Entered: 08/10/2010)
08/09/2010407MINUTE ORDER authorizing jury meals as to Arthur Montour, Kenneth Hill, Native Wholesale Supply. (cc: USPO) (RM) (Entered: 08/10/2010)
08/10/2010405EXHIBIT LIST by Arthur Montour, Kenneth Hill, Native Wholesale Supply (Calfo, Angelo) (Entered: 08/10/2010)
08/10/2010408Defendants' Jury trial Exhibit List as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (RM) (Entered: 08/11/2010)
08/10/2010410 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Mark Parrent, Richard Cohen; Def Cnsl: J Ronald Sim, Robert Luddy, Angelo Calfo, Patricia Eakes, Colette Tvedt, Jeffery Robinson; Court Reporter: Nancy Bauer; JURY TRIAL Day nine as to Arthur Montour, Native Wholesale Supply held on 8/10/2010. Jury continues deliberations. Jury note received. Court reads note into record. Jurors individually polled on their lack of unanimity as to two defendants. Jury has reached a verdict as to one defendant. Defendant Kenneth Hill found NOT GUILTY on Counts 1-16. Jurors individually polled and excused. Court declares mistrial as to Defendant Arthur Montour and Native Wholesale Supply. Defendant Kenneth Hills bond is exonerated. Mr. Calfo may file additional briefing regarding pending Rule 29 motions within 14 days. Government response due by 9/3/2010. Status conference scheduled for 9/10/2010 at 3:30 pm in Courtroom 14206 before Judge Marsha J. Pechman. Defendant Arthur Montour remains on bond. (RM) (Entered: 08/11/2010)
08/12/2010412ORDER ON ARTHUR MONTOUR'S MOTION TO STRIKE AND MOTIONS TO DISMISS COUNTS 17 & 18 RE: 293 Motion to Dismiss Count(s); as to Arthur Montour (1), Peter Montour (2), Kenneth Hill (3), Native Wholesale Supply (4); by Judge Marsha J. Pechman.(MD) (Entered: 08/12/2010)
08/12/2010413STATUS MEMORANDUM re: Peter Montour by USA as to Arthur Montour, Peter Montour, Native Wholesale Supply (Parrent, Mark) (Entered: 08/12/2010)
08/12/2010414STIPULATION AND PROPOSED ORDER STIPULATED MOTION AND [PROPOSED] ORDER AUTHORIZING LIMITED CONTACT WITH JURORS by parties (Calfo, Angelo) (Entered: 08/12/2010)
08/13/2010416ORDER as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply: The Court GRANTS the parties' stipulated motion requesting limited contact with jurors (Dkt. No. 414), but modifies the terms of the questionnaire, by Judge Marsha J. Pechman. (Attachments: # 1 Exhibit Letter & Juror Questionnaire) (RK) (Entered: 08/13/2010)
08/19/2010420MINUTE ORDER - On August 19, 2010, the Court held a telephonic conference in this matter. The Court directs the parties to depose Maria Milano on Friday, August 27, 2010 for the purpose of perpetuating her testimony. The occurrence of the deposition does not waive the governments right to file a motion objecting to propriety of the deposition, by Judge Marsha J. Pechman. (cc: USPO) (MD) (Entered: 08/19/2010)
08/19/2010421 Minute Entry for proceedings held before Judge Marsha J. Pechman- AUSA: Mark Parrent, Mary Dimke; Def Cnsl: J. Ronald Sim; Court Reporter: Kari McGrath; Time of Hearing: 10:00; Telephone Conference as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply held on 8/19/2010: The Court's Minute Order summarizes the rulings. (RK) (Entered: 08/19/2010)
08/23/2010424SEALED DOCUMENT Jury Questionnaire by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (MD) Modified on 8/23/2010- cc to counsel (MD). (Entered: 08/23/2010)
08/24/2010425SEALED DOCUMENT Juror Questionnaire by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (cc to counsel) (MD) (Entered: 08/24/2010)
08/24/2010426 MOTION for Acquittal DEFENDANTS SUGAR MONTOUR AND NATIVE WHOLESALE SUPPLY'S MOTION FOR JUDGMENT OF ACQUITTAL by Arthur Montour, Native Wholesale Supply. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 9/10/2010, (Calfo, Angelo) (Entered: 08/24/2010)
08/24/2010427 DECLARATION of DECLARATION OF PATRICIA A. EAKES IN SUPPORT OF DEFENDANTS SUGAR MONTOUR AND NATIVE WHOLESALE SUPPLY'S MOTION FOR JUDGMENT OF ACQUITTAL by Arthur Montour, Native Wholesale Supply re 426 MOTION for Acquittal DEFENDANTS SUGAR MONTOUR AND NATIVE WHOLESALE SUPPLY'S MOTION FOR JUDGMENT OF ACQUITTAL filed by Arthur Montour, Native Wholesale Supply (Calfo, Angelo) (Entered: 08/24/2010)
08/25/2010428EXHIBIT LIST by USA as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (Dimke, Mary) (Entered: 08/25/2010)
08/27/2010429SEALED DOCUMENT JUROR QUESTIONNAIRE by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (MD, cc to USA, mailed copy to local attorneys) (Entered: 08/30/2010)
08/30/2010430SEALED DOCUMENT Juror Questionnaire by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (MD, cc to USA, mailed copy to local counsel) (Entered: 08/31/2010)
08/30/2010431NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial Motions Hearing held on 7/29/2010 before Judge Marsha J. Pechman.

Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter Debbie Zurn by telephone at 206-370-8504.

Release of Transcript Restriction set for 11/29/2010, (LMK) (Entered: 08/31/2010)

08/30/2010432NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial +Hearing held on 7/29/2010 before Judge Marsha J. Pechman.

Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter Debbie Zurn by telephone at 206-370-8504.

Release of Transcript Restriction set for 11/29/2010, (LMK) (Entered: 08/31/2010)

08/30/2010433NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Hearing (Volume 2) held on 7/30/2010 before Judge Marsha J. Pechman.

Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter Nancy Bauer by telephone at 206-370-8506.

Release of Transcript Restriction set for 11/29/2010, (LMK) (Entered: 08/31/2010)

08/30/2010434NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Hearing (Volume 3) held on 8/2/2010 before Judge Marsha J. Pechman.

Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter Nancy Bauer by telephone at 206-370-8506.

Release of Transcript Restriction set for 11/29/2010, (LMK) (Entered: 08/31/2010)

08/30/2010435NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Hearing (Volume 4) held on 8/3/2010 before Judge Marsha J. Pechman.

Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter Nancy Bauer by telephone at 206-370-8506.

Release of Transcript Restriction set for 11/29/2010, (LMK) (Entered: 08/31/2010)

08/30/2010436NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Hearing (Volume 5) held on 8/4/2010 before Judge Marsha J. Pechman.

Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter Nancy Bauer by telephone at 206-370-8506.

Release of Transcript Restriction set for 11/29/2010, (LMK) (Entered: 08/31/2010)

08/30/2010437NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Hearing (Volume 6) held on 8/5/2010 before Judge Marsha J. Pechman.

Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter Nancy Bauer by telephone at 206-370-8506.

Release of Transcript Restriction set for 11/29/2010, (LMK) (Entered: 08/31/2010)

08/30/2010438NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Hearing (Volume 7); Closing Arguments held on 8/6/2010 before Judge Marsha J. Pechman.

Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter Nancy Bauer by telephone at 206-370-8506.

Release of Transcript Restriction set for 11/29/2010, (LMK) (Entered: 08/31/2010)

08/30/2010439NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Hearing, Opening Statements held on 7/29/2010 before Judge Marsha J. Pechman.

Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter Nancy Bauer by telephone at 206-370-8506.

Release of Transcript Restriction set for 11/29/2010, (LMK) (Entered: 08/31/2010)

09/02/2010440 MOTION for Order to Show Cause and Request for an Evidentiary Hearing by Arthur Montour, Native Wholesale Supply as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (Attachments: # 1 Proposed Order) Noting Date 9/10/2010, (Calfo, Angelo) (Entered: 09/02/2010)
09/02/2010441 DECLARATION of Patricia A. Eakes by Arthur Montour, Native Wholesale Supply as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 440 MOTION for Order to Show Cause and Request for an Evidentiary Hearing filed by Arthur Montour, Native Wholesale Supply (Calfo, Angelo) (Entered: 09/02/2010)
09/03/2010442RESPONSE, by USA as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply, to 426 MOTION for Acquittal DEFENDANTS SUGAR MONTOUR AND NATIVE WHOLESALE SUPPLY'S MOTION FOR JUDGMENT OF ACQUITTAL. (Dimke, Mary) (Entered: 09/03/2010)
09/08/2010443Government's jury trial exhibit list as to Arthur Montour, Kenneth Hill, Native Wholesale Supply (RM) (Entered: 09/08/2010)
09/08/2010444 MOTION for Extension of Time to File Response/Reply re 1 Proposed Order)(Parrent, Mark) (Entered: 09/08/2010)
09/08/2010446SEALED DOCUMENT Juror Questionnaire by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (MD, cc to USA, mailed copy to local counsel) (Entered: 09/09/2010)
09/09/2010445ORDER - Based on the unopposed motion filed by the United States, the Court finds good cause and ORDERS that any response to defendants pending Motion for an Order to Show Cause and for an Evidentiary Hearing (Docket No. 440) shall be due no later than September 13, 2010 by Judge Marsha J. Pechman.(MD) (Entered: 09/09/2010)
09/09/2010447PRAECIPE to attach document --Attachments A, B, and C-- re 442 Response to Motion by USA as to Arthur Montour, Native Wholesale Supply (Dimke, Mary) (Entered: 09/09/2010)
09/09/2010448EXHIBIT --Attachment A-- by USA as to Arthur Montour, Native Wholesale Supply re 447 Praecipe to Attach Document (Dimke, Mary) (Entered: 09/09/2010)
09/09/2010449EXHIBIT --Attachment B, Part 1 of 2-- by USA as to Arthur Montour, Native Wholesale Supply re 447 Praecipe to Attach Document (Dimke, Mary) (Entered: 09/09/2010)
09/09/2010450EXHIBIT --Attachment B, Part 2 of 2-- by USA as to Arthur Montour, Native Wholesale Supply re 447 Praecipe to Attach Document (Dimke, Mary) (Entered: 09/09/2010)
09/09/2010451EXHIBIT --Attachment C-- by USA as to Arthur Montour, Native Wholesale Supply re 447 Praecipe to Attach Document (Dimke, Mary) (Entered: 09/09/2010)
09/10/2010454 NOTICE OF HEARING as to Native Wholesale Supply (cc: USPO, PTS, USMO) Change of Plea Hearing set for 9/10/2010 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. (RM) (Entered: 09/10/2010)
09/10/2010455 Minute Entry for proceedings held before Judge Marsha J. Pechman- CRD: Rhonda Miller; AUSA: Mary Dimke, Mark Parrent; Def Cnsl: J Ronald Sim; Court Reporter: Debbie Zurn; CHANGE OF PLEA AND SENTENCING held on 9/10/2010. Native Wholesale Supply (4) - J Ronald Sim appearing as defendant corporation representative. Defendant NWS consurs with facts as presented. Defendant NWS enters guilty to Count 19ss. Court accepts plea. Defendant NWS waives preparation of PSR. Court imposes 5 years of unsupervised probation with conditions as addressed, $400.00 special assessment, no fine, forfeiture of $1,000,000. Count(s) 1, 1s, 1ss, 2-11, 2s-16s, 2ss-16ss, Dismissed. Defendant NWS waives presence at presentation of judgment. (RM) (Entered: 09/10/2010)
09/10/2010456PLEA AGREEMENT as to Native Wholesale Supply (cc: USPO, FLU, AFU) (MD) (Entered: 09/10/2010)
09/10/2010457JUDGMENT as to Native Wholesale Supply by Judge Marsha J. Pechman. (cc: USPO, PTS, FLU, Fin., USMO, Sea Tac Det) (MD) (Entered: 09/10/2010)
09/13/2010458 RETURN of Jury Trial Exhibits to counsel pursuant to local rule (RM) (Entered: 09/13/2010)
09/16/2010465ORDER EXONERATING MONETARY BOND as to Arthur Montour, Peter Montour, Native Wholesale Supply by Judge Marsha J. Pechman. Amount to be returned $ 200,00 plus all accrued interest, minus any statutory users fees to Native Wholesale Supply (cc: Financial) cc: USMO (MD) (Entered: 09/16/2010)
09/17/2010466ORDER as to Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply re 321 MOTION to Seal Document and Memorandum in Support Thereof filed by Department of Revenue Liquor Board. The Court therefore UNSEALS the documents as described in Dkt No. 321-2 and DENIES THE MOTION TO SEAL by Judge Marsha J. Pechman. (MD) (Entered: 09/17/2010)
09/21/2010467SEALED DOCUMENT Return to sender re: Local Attorney Lance Wyrill Behnke service attempted-not known unable to forward by Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply (MD) (Entered: 09/22/2010)
09/22/2010  ***Note as to defendant Arthur Montour, Peter Montour, Kenneth Hill, Native Wholesale Supply: Resent Dkt. No. 467 to Attorney Lance Wyrill Behnke. (MD) (Entered: 09/22/2010)
09/30/2010468Letter to the Court from Attorney Leonard Violi regarding plea agreement (MD) (Entered: 09/30/2010)