CLOSED

United States District Court
District of Nevada (Las Vegas)
CRIMINAL DOCKET FOR CASE #: 2:05-cr-00078-PMP-GWF-1


Case title: USA vs SDI Future Health Inc., et al

Date Filed: 03/02/2005
Date Terminated: 02/09/2010

Assigned to: Judge Philip M. Pro
Referred to: Magistrate Judge George Foley, Jr
Appeals court case number: '07-10261' 'U.S. Court of Appeals-9th Circuit'

Defendant (1)
Inc SDI Future Health
TERMINATED: 02/09/2010
represented byC. Stanley Hunterton
Hunterton & Associates
333 S. Sixth St.
Las Vegas, NV 89101
(702) 388-0098
Fax: (702) 388-0361
Email: shunterton@huntertonlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Marcus Mumford
Skadden Arps Slate Meagher & Flom, LLP
300 South Grand Ave
Suite 3400
Los Angeles, CA 90071
Email: mmumford@skadden.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Mark Hardiman
Hooper Lundy & Bookman
1875 Century Park East
1875 Centruy Park East, Ste #1600
Los Angeles, CA 90067-2799
(310)551-8111
Fax: (310)551-8181
Email: MHardiman@health-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Thomas J. Nolan
Skadden Arps Slate Meagher & Flom
300 South Grand Ave
Auite 3400
Los Angeles, CA 90071
Email: tnolan@skadden.com
TERMINATED: 05/11/2005

Pending Counts

Disposition
42:1320A.F ANTI KICKBACK VIOLATION - OFFER OR PAYMENT
(126)
18:1956-4999.F CONSPIRACY TO COMMIT MONEY LAUNDERING
(127)
26:7201.F ATTEMPT TO EVADE OR DEFEAT TAX
(135)
26:7201.F ATTEMPT TO EVADE OR DEFEAT TAX
(136)
26:7201.F ATTEMPT TO EVADE OR DEFEAT TAX
(137)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371.F CONSPIRACY
(1)
DISMISSED 2/09/10
18:1347.F HEALTH CARE FRAUD
(2)
DISMISSED 2/09/10
18:3.F AIDING & ABETTING
(2)
DISMISSED 2/09/10

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byCrane M Pomerantz
U.S. Attorney's Office
333 Las Vegas Blvd So
Suite 5000
Las Vegas, NV 89101-
Email: crane.pomerantz@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Roger W. Wenthe
U.S. Attorney's Office
333 Las Vegas Blvd So
Suite 5000
Las Vegas, NV 89101
702-388-6336
Fax: 702-388-6151
Email: roger.wenthe@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Steven W. Myhre
U.S. Attorney's Office
333 Las Vegas Blvd So
Suite 5000
Las Vegas, NV 89101-
Email: Steven.Myhre@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
03/02/20051INDICTMENT no text (Entered: 03/04/2005)
03/02/20052AO 257 re D/SDI (Entered: 03/04/2005)
03/02/20055GRAND JURY RETURNS re all D's: Summ's to iss; I/A & A/P set for 3/22/05 @ 3:00 pm bfr RJJ (C/R Mary Warshefski) (Entered: 03/04/2005)
03/02/2005  SUMMONS ISSUED re D/SDI (Entered: 03/04/2005)
03/22/20057MOTION FOR MISCELLANEOUS RELIEF re all D's: Mtn to reset I/A & A/P(Dispo: #8 GRANTED (Entered: 03/24/2005)
03/23/20059SUMMONS RETURNED EXECUTED re D/SDI (Entered: 03/28/2005)
03/24/20058ORDER re all D's: I/A & A/P cont to 4/11/05 @ 3:00 pm cps dist (Entered: 03/28/2005)
04/11/200510INITIAL/ ARRAIGNMENT & PLEA re D/SDI: dfnt plds NG to Cts 1, 2-127 135-137; sbjct to jnt dscry stmnt; J/T set 6/6/05 @ 8:30am w/cal call 6/1/05 @ 8:15am; cnsl will meet & enter proposed sched ord; case complex; no tapes; I/A dfnt contd on relse. (FTR: (Entered: 04/12/2005)
04/26/2005  STIPULATION re D/ all Ds: stip to vacate & continue trial, prtrial motions & set status hrng. to DA (Entered: 04/26/2005)
04/28/200519ORDER re all D's: Trl & dates for p/t mtns vacated; Mttr deemed complex & refrrd to MJ to set for status cnfnce cps dist (Entered: 04/28/2005)
04/29/200520MINUTE ORDER re all D's: P/T confcne set for 5/9/05 @ 3:00 pm cps dist (Entered: 05/02/2005)
05/09/200521STATUS CONFERENCE re all D's: Crt ot iss separate discvry plan & schdlng ord settng deadlnes for p/t mtns & trl date (FTR 3:14-5:25) cps dist (Entered: 05/10/2005)
05/10/2005  TRAVERSE Subst/atty -- to PMP (Entered: 05/10/2005)
05/16/200529ORDER re all D's: Trl set for 2/27/06 @ 8:30 am w/cal call 2/22/05 @ 8:00 am; P/T mtns due 11/18/05; Rspn's due 12/9/05; Rply's due 12/16/05; Any mtn for chnge of venue due 5/27/05 w/rspn's due 6/7/05 cps dist (Entered: 05/16/2005)
06/17/200530TRANSCRIPT Dtd 5/9/05 re all D's pretrl confrnce bfr LRL (Entered: 06/21/2005)
08/04/200533MOTION FOR MISCELLANEOUS RELIEF re all D's: Gvrnmnt mtn for reassgnmnt of CV forftr case(Dispo: #34 GRANTED (Entered: 08/05/2005)
08/09/200534ORDER re gvrnmnt mtn for reassgnmnt of CV case: Mtn GRANTED; CV case shll be reassgnd to PMP(LRL) cps dist cpy to CV (Entered: 08/11/2005)
08/12/200535MINUTE ORDER GWF reassgnd as Mag jdge (Entered: 08/17/2005)
08/25/2005  TRAVERSE Stip re ord authorizing early retrn of documentary subps purs -- to PMP (Entered: 08/25/2005)
08/26/200536ORDER ON STIPULATION re all Ds & early return of documentry spbnas (see doc for specifics). cpys dist (Entered: 08/29/2005)
11/14/200537STIPULATION to Extend time to file Motions received by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (KCR) (Entered: 11/19/2005)
11/16/200538ORDER ON STIPULATION re 37 Stipulation filed by Inc SDI Future Health. Motions due 12/2/05; Responses due 1/31/06; Replies due 2/7/06. Signed by Judge Philip M. Pro on 11/16/05. (KCR) (Entered: 11/19/2005)
11/16/2005  Reset Deadlines as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health: Motions due by 12/2/2005. (KCR) (Entered: 11/19/2005)
11/16/2005  Reset Deadlines re Motions in case as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health Responses due by 1/31/2006. Replies due by 2/7/2006. (KCR) (Entered: 11/19/2005)
12/02/200539 MOTION to Suppress by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Responses due by 12/16/2005. (Attachments: # 5)(KCR, ) (Entered: 12/13/2005)
12/02/200540 MOTION to Compel by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Responses due by 12/16/2005. (Attachments: # 6)(KCR, ) (Entered: 12/13/2005)
12/02/200541 MOTION to Suppress Evidence from Illegal Search by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Responses due by 12/16/2005. (Attachments: # 6)(KCR, ) (Entered: 12/13/2005)
12/02/200542 MOTION for Franks Hearing by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. (Attachments: # 1)(KCR, ) (Entered: 12/13/2005)
12/02/200543 DECLARATION of Marcus R. Mumford by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 6)(KCR, ) (Entered: 12/13/2005)
12/02/200544 DECLARATION (Volume 2) of Marcus R. Mumford by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 5)(KCR, ) (Entered: 12/13/2005)
12/02/200545 MOTION to SEVER Counts AND Bifurcate Forfeiture Claims by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Responses due by 12/16/2005. (KCR, ) (Entered: 12/13/2005)
12/02/200546CERTIFICATE of Service by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 41 MOTION to Suppress (KCR, ) (Entered: 12/13/2005)
12/02/200547CERTIFICATE of Service by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 42 MOTION for Hearing (KCR, ) (Entered: 12/13/2005)
12/09/200548 SUPPLEMENT DECLARATION of Mark S. Hardiman by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (Attachments: # 2)(KCR, ) (Entered: 12/13/2005)
12/19/200549 STIPULATION to Continue Trial date by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (KCR, ) (Entered: 12/20/2005)
12/20/200550ORDER TO CONTINUE - Ends of Justice - as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 49 Stipulation filed by Inc SDI Future Health,. Time excluded from 2/28/06 until 8/28/06. Jury Trial set for 8/28/2006 08:30 AM before Chief Judge Philip M. Pro. Calendar Call set for 8/23/2006 08:15 AM before Chief Judge Philip M. Pro. Signed by Judge Philip M. Pro on 12/20/05. (KCR, ) (Entered: 12/22/2005)
01/05/200651Mail Returned as Undeliverable addressed to Thomas Nolan re Special Order 109. (MAJ, ) (Entered: 01/12/2006)
01/13/200652 MOTION Lodge privileged documents under seal for in camera review re 39 MOTION to Suppress Petition for Leave of Court to Lodge Privileged Documents Under Seal for In Camera Review in Support of Motion for Evidentiary Hearing Regarding Government Intrusion Into Privileged Information by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Responses due by 1/27/2006. (Etcheverry, Lance) (Entered: 01/13/2006)
01/13/200653 Submission of PROPOSED ORDER by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health Re: Petition for Leave of Court to Lodge Privileged Documents Under Seal For In Camera Review In Support of Motion for Evidentiary Hearing Regarding Government Intrusion Into Privileged Information (Etcheverry, Lance) (Entered: 01/13/2006)
01/31/200654 RESPONSE to 2 Exhibit)(Myhre, Steven) (Entered: 01/31/2006)
01/31/200655 RESPONSE to 39 MOTION to Suppress Petition for Leave of Court to Lodge Privileged Documents Under Seal for In Camera Review in Support of Motion for Evidentiary Hearing Regarding Government, 2 Exhibit)(Myhre, Steven) (Entered: 01/31/2006)
01/31/200656 RESPONSE to 42 MOTION for Hearing; filed by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Opposition to Request for Franks Hearing Replies due by 2/6/2006. (Pomerantz, Crane) (Entered: 01/31/2006)
01/31/200657 RESPONSE to 45 MOTION to Bifurcate; filed by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Opposition to Motion to Sever Tax Counts and Bifurcate Forfeiture Replies due by 2/6/2006. (Pomerantz, Crane) (Entered: 01/31/2006)
01/31/200658 RESPONSE to 2 Exhibit)(Myhre, Steven) (Entered: 01/31/2006)
02/01/200659 ORDER granting 52 Motion as to Inc SDI Future Health (1), Todd Stuart Kaplan (2), Jack Brunk (3): Defendants shll lodge documents under seal for incamera review within 14 days of entry of this order. Signed by Judge George W Foley Jr. on 1/20/06. (LMC) (Entered: 02/01/2006)
02/06/200660  ORDER Setting Hearing on Motion 45 MOTION to Bifurcate: Motion Hearing set for 3/7/2006 at 08:30 AM in LV Courtroom 7C before Chief Judge Philip M. Pro. Signed by Judge Philip M. Pro on 2/6/2006. (DMA) (Entered: 02/06/2006)
02/27/200661 ORDER as to SDI Future Health Inc., et al: IT IS ORDERED the hearing on Defendants' Motion to Bifurcate (#45) set on 3/7/2006 at 08:30 AM is continued to 3/14/2006 at 09:00 AM in LV Courtroom 7C before Chief Judge Philip M. Pro. The Court has a conflict in scheduling. Signed by Judge Philip M. Pro on 2/27/2006. (DMA) (Entered: 02/27/2006)
02/28/200662 REPLY to Response to 45 MOTION to Bifurcate; filed by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. (Etcheverry, Lance) (Entered: 02/28/2006)
03/14/200663  MINUTE ORDER IN CHAMBERS of the Honorable George W Foley Jr., U.S. Magistrate Judge on 3/14/2006. By Judicial Assistant: Julia Hill. RE: 39 MOTION to Suppress filed by Jack Brunk. Motion Hearing set for TUESDAY, March 28, 2006, at 9:30 AM in LV Courtroom 3A before Magistrate Judge George W Foley Jr. (no image attached) (JXH) (Entered: 03/14/2006)
03/14/200664 MINUTES OF PROCEEDINGS - Motion Hearing as to Jack Brunk, Todd Stuart Kaplan, SDI Future Health, Inc. held on 3/14/2006 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; AUSA: Crane Pomerantz, Steven W. Myhre, Rogert W. Wenthe; Def Counsel: Thomas S. Nolan, Mark S. Hardiman, Lance A. Etcheverry, C. Stanley Hunterton; Court Reporter/FTR #: Erin Smith; Time of Hearing: 9:00 a.m.; Defendants are not present. RE: 45 MOTION to Sever Counts 128 through 137 of the Indictment and to Bifurcate the Forfeiture Claims for Trial filed by Defendants. After discussion with counsel, the Court and counsel agree if there is a conviction on the counts relating to the forfeiture allegations, the forfeiture allegations will be handled separately and not in the context of the jury trial. The Court hears the arguments of counsel on the Motion to Sever. The Court places its findings of fact and conclusions of law on the record. IT IS ORDERED Defendants' Motion to Sever (#45) is GRANTED. The Court finds the trial as to Counts 1 through 127 will proceed first as scheduled on August 28, 2006. Government counsel requests the tax counts be tried before Counts 1 through 27. The Court advises Government Counsel the Court will entertain a motion to switch the order after the Magistrate Judge has ruled on other pending motions. (no image attached) (DMA) (Entered: 03/15/2006)
03/15/200665 MOTION for Leave to File Petition for Leave of Court to Lodge Additional Privileged Documents Under Seal for In Camera Review In Support of Motion for Evidentiary Hearing Regarding Government Intrusion into Privileged Information by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. (Mumford, Marcus) (Entered: 03/15/2006)
03/15/200666 Submission of PROPOSED ORDER by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 39 MOTION to Suppress Petition for Leave of Court to Lodge Privileged Documents Under Seal for In Camera Review in Support of Motion for Evidentiary Hearing Regarding Government, 65 MOTION for Leave to File (Mumford, Marcus) (Entered: 03/15/2006)
03/15/200667 REPLY to Response to 39 MOTION to Suppress; filed by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Reply Memorandum of Points and Authorities in Support of Motion Requesting an Evidentiary Hearing Regarding the Government's Intrusions into Defendants' Privileged Information (Mumford, Marcus) (Entered: 03/15/2006)
03/15/200668 REPLY to Response to 2 Exhibit 1)(Mumford, Marcus) (Entered: 03/15/2006)
03/15/200669 REPLY to Response to 41 MOTION to Suppress; filed by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Reply Memorandum of Law in Support of Motion to Suppress Evidence from the Illegal Search of SDI Pursuant to an Invalid General Warrant (Attachments: # 3 Declaration Supplemental Declaration of Jack Brunk)(Mumford, Marcus) (Entered: 03/15/2006)
03/15/200670 CERTIFICATE of Service by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 69 Reply to Response to Motion, (Mumford, Marcus) (Entered: 03/15/2006)
03/15/200671 REPLY to Response to 40 MOTION to Compel; filed by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. (Hardiman, Mark) (Entered: 03/15/2006)
03/17/200672 ORDER as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 66 Proposed Order Submission: Defendant's ahll lodge documents under seal for in camera review within 7 days. Signed by Judge George W Foley Jr. on 3/17/06. (LMC) (Entered: 03/17/2006)
03/17/200673 MOTION to Reconsider District Judge Order Granting Motion to Sever by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Responses due by 3/31/2006. (Attachments: # 1 Index of Exhibits including Proposed Order)(Pomerantz, Crane) (Entered: 03/17/2006)
03/20/200674 ORDER Setting Hearing on Motion 39 MOTION to Suppress: Motion Hearing set for 3/28/1996 09:30 AM in LV Courtroom 3A before Magistrate Judge George W Foley Jr.. Signed by Judge George W Foley Jr. on 3/20/06. (LMC) (Entered: 03/20/2006)
03/22/200675 STIPULATION to Continue Evidentiary Hearing by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (Pomerantz, Crane) (Entered: 03/22/2006)
03/23/200676 ORDER ON STIPULATION re 75 Stipulation, Evidentiary Hearing continued to 4/27/06 and 4/28/06 09:30AM. Signed by Judge George W Foley Jr. on 3/23/06. (KCR) (Entered: 03/23/2006)
03/24/200677 SUPPLEMENT by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health Supplemental Authority in Support of its Opposition to Defendant's Motion to Suppress re 1)(Myhre, Steven) (Entered: 03/24/2006)
03/27/200678 RESPONSE to 77 Supplement, Defendants' Response to the Government's Notice of Supplemental Authority filed by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (Mumford, Marcus) (Entered: 03/27/2006)
03/28/200680 TRANSCRIPT of Proceedings: 64 Motion Hearing, as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health held on 3/14/06 before Judge Philip M. Pro. Court Recorder: Erin Smith. (EDS) (Entered: 03/29/2006)
03/29/200679 RESPONSE to 2 Certificate of Service)(Etcheverry, Lance) (Entered: 03/29/2006)
04/09/200683 Mail Returned as Undeliverable re 76 Order on Stipulation addressed to Thomas J. Nolan. (not re-sent as email address on file) (KCR) (Entered: 04/21/2006)
04/11/200681  TRANSCRIPT of Proceedings: 64 Motion Hearing as to Deft.'s Motion to Sever Counts 128-137 of the Indictment and to Bifurcate the Forfeiture Claims for Trial (#45) as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health held on 3/14/06 before Judge Philip M. Pro. Court Reporter: Erin Smith. (AAB) (Entered: 04/13/2006)
04/17/200682  ORDER denying 73 MOTION to Reconsider District Judge Order Granting Motion to Sever filed by USA. Signed by Judge Philip M. Pro on 4/17/2006. (no image attached) (ALA) Docket Text Modified on 4/21/2006 (MJZ). (Entered: 04/17/2006)
04/28/200687  MINUTES OF PROCEEDINGS held on 4/27/2006 before Judge George W Foley Jr.. Crtrm Administrator: Jeff Miller; AUSA: Steven Myhre, Crane Pomerantz, Roger Wenthe; Def Counsel: C. Stanley Hunterton, Esq., Mark Hardiman, Esq., Thomas J. Nolan, Esq., Marcus Mumford, Esq., Lance A. Etcheverry, Esq.; Court Reporter/FTR #: 9:33:20 - 11:5:50, 11:32:29 - 12:10:08, 1:28:12 - 2:34:35, 2:44:23 - 4:09:52, 4:24:42 - 5:01:40; Time of Hearing: 9:30am; RE: 39 MOTION to Suppress filed by Jack Brunk,. The Exclusionary Rule is INVOKED by the government, and all witnesses are asked to leave the courtroom. The government calls Special Agent Julie Bomstad to the stand. She is sworn, and examination begins. Government produces "Exhibit 1", a binder of documents including the search warrant and list of items to be seized. Defense cross examines. Defense produces "Exhibit W". The Court requests that the search warrant operating plan be produced, if possible, and the Court will review it 'in camera' during recess. The Court recesses at 11:05am, and reconvenes at 11:32am. The government produces the search warrant operating plan, it is marked as government's "Exhibit 2" and is presented to the Court for 'in camera' inspection. Defense counsel continues cross-examination of Special Agent Bomstad. Defense counsel produces "Exhibits O, an internet printed copy of the IRS manual, and B, a declaration of Special Agent Bomstad". The Court recesses at 12:10pm, and reconvenes at 1:28pm. The Court ORDERS that the order sealing the affidavit and search warrant shall be UNSEALED. The Court has reviewed the search warrant operating plan, and ALLOWS/SEALS portions of it. Redacted copies are distributed to counsel. Defense marks the redacted operating plan "Exhibit DDD". Cross examination continues, and Defense produces "Exhibits E, a "302 Memorandum", CCC, an index of exhibits, BBB, an inventory list, AAA, a letter to AUSA Steven Myhre, and EEE, a memorandum. The Court recesses at 2:34pm, and reconvenes at 2:44pm. Re-drect examination and re-cross examinations are conducted with Special Agent Bomstad, and she is then excused. Government counsel rests as to this matter, but moves to allow Agent Bomstad to remain in the courtroom. The Court GRANTS the request. Defense calls Robert Kaplan to the stand. He is sworn, and examination begins. Cross examination and re-direct are conducted. The witness is excused. Defense calls Jack Brunk to the stand. . He is sworn, and examination begins. The Court recesses at 4:09pm, and reconvenes at 4:24pm. Cross examination and re-direct are conducted. The witness is excused. Defense exhibits B, AAA, BBB, CCC, DDD, EEE,, and Government Exhibits 1a - 1g are ADMITTED. The Evidentiary/Motions Hearing will CONTINUE on 4/28/2006 at 09:30 AM in LV Courtroom 3A before Magistrate Judge George W Foley Jr.(no image attached) (JAM, ) Hearing Date Modified to 4/27/06 on 5/17/2006 (MJZ). (Entered: 04/28/2006)
04/28/200688  NOTICE OF HEARING: Hearing as to motions #39, 40, and 42 CONTINUED to 5/2/2006 at 10:00 AM in LV Courtroom 3A before Magistrate Judge George W Foley Jr.. (no image attached)(JAM, ) (Entered: 04/28/2006)
04/28/200689  MINUTES OF PROCEEDINGS - Evidentiary Hearing as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health held on 4/28/2006 before Judge George W Foley Jr.. Crtrm Administrator: Jeff Miller; AUSA: Steven Myhre, Crane Pomerantz, Roger Wenthr; Def Counsel: C. Stanley Hunterton, Esq., Mark Hardiman, Esq., Thomas J. Nolan, Esq., Marcus Mumford, Esq., Lance A. Etcheverry, Esq.; Court Reporter/FTR #: 9:36:01 - 9:54:26, 11:44:02 - 1:00:20, 1:07:56 - 1:20:06, 2:01:08 - 3:27:49, 3:38:00 - 4:54:57; Time of Hearing: 9:30am; Counsel STIPULATES that Mr. Todd Kaplan was President and CEO of SDI Future Health, Inc., that he was a member of its board of directors, and that he had an ownership interest of 48,2%. Government introduces potential video-tape evidence to coincide with the testimony of it's next witness, but defense counsel objects to it's admission. The Court will take a recess to allow everyone to review the video before proceeding. The Court recesses at 9:54am, and reconvenes at 11:44am. Government re-calls Special Agent Julie Bomstad to the stand. She is sworn, and examination begins. Government presents the video-taped evidence, marked "Exhibit 3a, video of the first floor and storage are of SDI and Exhibit #3b, video of the second floor. Thomas Nolan conducts cross examination. Re-direct and re-cross examination of the witness follows. The witness is excused. The Court recesses at 1:00pm, and reconvenes at 1:07pm. Defense re-calls Robert Kaplan to the stand. He is sworn, and examination begins. There is no cross examination, and witness is excused. The Court recesses at 1:20pm, and reconvenes at 2:01pm. IT IS ORDERED: The parties are to submit written briefs to the Court regarding the search warrant operating plan and if any additional information from the plan should be produced within one week. The Court hears the closing arguments of Defense Counsel. The Court recesses at 3:27pm, and reconvenes at 3:38pm. The Court hears closing arguments of Government Counsel. The Court hears the rebuttal arguments of Defense Counsel. The Court requests that counsel confer to determine a proposed date to continue these proceedings as to the remaining motions #39, 40 and 42. Motion #41 and all evidence, testimony, and pleadings are taken under advisement, and the Court will issue it's Report and Recommendations in a timely manner. These proceedings are CONTINUED to 5/2/2006 at 10:00 AM in LV Courtroom 3A before Magistrate Judge George W Foley Jr..(no image attached) (JAM, ) (Entered: 04/28/2006)
05/02/200690 STIPULATION to Continue Hearing; Findings of Fact and Order; Certificate of Service by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (Etcheverry, Lance) (Entered: 05/02/2006)
05/03/200691 ORDER ON STIPULATION re 90 Stipulation re Pretrial Motions: Hearing set for 5/17/2006 09:30 AM before Magistrate Judge George W Foley Jr.. Signed by Judge George W Foley Jr. on 5/3/06. (KCR) (Entered: 05/03/2006)
05/05/200692 RESPONSE to 89 Evidentiary Hearing,,,,,,,,,,, Defendants' Request for an In Camera Inspection of the Search Warrant Plan filed by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (Mumford, Marcus) (Entered: 05/05/2006)
05/12/200693 RESPONSE to 92 Response - Other, Government's Response to Defendants' Request for In Camera Review filed by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (Pomerantz, Crane) (Entered: 05/12/2006)
05/15/200694 REPLY to 89 Evidentiary Hearing,,,,,,,,,,, Defendants' Response to the Government's Untimely Submission Regarding Defendants' Request for an In Camera Inspection of the Search Warrant Plan filed by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (Attachments: # 2 Exhibit 2)(Etcheverry, Lance) (Entered: 05/15/2006)
05/17/200695  MINUTES OF PROCEEDINGS - Motion Hearing as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health held on 5/17/2006 before Judge George W Foley Jr.. Crtrm Administrator: Kris Schulke; AUSA: Steven Myhre, Crane Pomerantz, Roger Wenthe; Def Counsel: Thomas Nolan, Mark Hardiman, C. Stanley Hunterton, Lance Etcheverry; Court Reporter/FTR #: 9:36:34-3:31:55; Time of Hearing: 9:30 a.m.; Defendants are not present. RE: 41 MOTION to Suppress filed by Jack Brunk. Representation by Mr. Nolan is heard regarding additional information concerning Defendant's Motion to Suppress (#41) and request to add supplemental exhibits FFF and GGG. Representation by Mr. Myhre is heard. For the reasons stated, IT IS ORDERED that Defense Exhibits FFF and GGG will be admitted regarding the matter of Defense Motion to Suppress (#41). Mr. Nolan presents Defense Exhibit EEE in support of argument regarding Defendants' Motion for Franks Hearing (#42) and requests evidentiary hearing. Arguments by Mr. Hardiman, Mr. Nolan and Mr. Pomerantz are heard regarding Defendants' Motion for Franks Hearing (#42). Court recesses at 11:16:31. Court reconvenes at 11:27:38. The Clerk provided counsel copies of Court Exhibit 1 regarding the evidentiary hearing on April 27 and 28, 2006. Court recesses at 12:25:24. Court reconvenes at 1:37:50. Arguments by Mr. Hardiman, Mr. Nolan, and Mr. Wenthe are heard regarding Defendants' Motion to Suppress (#39). Mr. Hardiman presented Defense Exhibits S and T in support of his argument. IT IS ORDERED that Defense Exhibit T is SEALED. Court recesses at 2:40:14. Court reconvenes at 2:54:05. Arguments by Mr. Hardiman, Mr. Nolan, and Mr. Wenthe are heard regarding Defendants' Motion to Compel (#40). Mr. Hunterton represented that he joined in the defense arguments. Arguments by Mr. Nolan and Mr. Pomerantz are heard regarding 302s and the footnote in Defendant's reply brief. For the reasons stated, IT IS ORDERED that the matters are taken under advisement and a written decision will issue. IT IS FURTHER ORDERED that if a further motion and response are required the Court will enter an order setting a short briefing schedule. (no image attached) (KLS, ) (Entered: 05/18/2006)
05/17/200696 ORDER as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 42 MOTION. Motion due 5/24/06; Response due 5/31/06; Reply due 6/2/06. Signed by Judge George W Foley Jr. on 5/17/06. (KCR) (Entered: 05/18/2006)
05/24/200697 RESPONSE to 5 Declaration of Marcus R. Mumford)(Mumford, Marcus) (Entered: 05/24/2006)
05/31/200698 RESPONSE to 97 Response - Other,, Government's Response to Defendants' Motion to Compel Production of Government Interview Memoranda filed by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (Pomerantz, Crane) (Entered: 05/31/2006)
06/02/200699 REPLY to 98 Response - Other, Reply Memorandum Of Points And Authorities In Support Of Defendants' Motion To Compel Production Of Government Interview Memoranda filed by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (Mumford, Marcus) (Entered: 06/02/2006)
06/06/2006100  TRANSCRIPT of Proceedings: 95 Motion Hearing as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health held on 5/17/06 before Judge George W. Foley. Court Reporter: FTR. (EDS) (Entered: 06/12/2006)
06/26/2006101 REPORT AND RECOMMENDATIONS granting in part and denying in part 41 MOTION to Suppress in case as to Jack Brunk, Todd Stuart Kaplan and SDI Future Health Inc. Objections to R&R due by 7/12/2006 Signed by Judge George W Foley Jr. on 6/26/06. (KCR) (Entered: 06/28/2006)
06/27/2006102 PARTIAL TRANSCRIPT of Proceedings: 87 Motion Hearing (Morning Session) as to Jack Brunk, Todd Stuart Kaplan, SDI Future Health Inc., held on 4/27/06 before Judge George W. Foley. Court Reporter: FTR 9:33:20 - 12:10:07. (EDS) (Entered: 06/29/2006)
06/27/2006103 PARTIAL TRANSCRIPT of Proceedings: 87 Motion Hearing (Afternoon Session) as to Jack Brunk, Todd Stuart Kaplan, SDI Future Health Inc., held on 4/27/06 before Judge George W. Foley. Court Reporter: FTR 1:28:11 - 5:01:38. (EDS) (Entered: 06/29/2006)
06/28/2006104 PARTIAL TRANSCRIPT of Proceedings: 89 Evidentiary Hearing (Morning Session) as to Jack Brunk, Todd Stuart Kaplan, SDI Future Health Inc., held on 4/28/06 before Judge George W. Foley. Court Reporter: FTR 09:36:02 - 01:20:06. (EDS) (Entered: 06/29/2006)
07/05/2006105 PARTIAL TRANSCRIPT of Proceedings: 89 Evidentiary Hearing (Afternoon Session) as to Jack Brunk, Todd Stuart Kaplan, SDI Future Health, Inc., held on 4/28/06 before Judge George W. Foley. Court Reporter: FTR: 02:01:08 - 04:54:57. (EDS) (Entered: 07/05/2006)
07/06/2006106 STIPULATION To Extend Time To File Objections To Magistrate's Findings And Recommendations And Request A Scheduling Conference by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (Mumford, Marcus) (Entered: 07/06/2006)
07/06/2006107 ORDER ON STIPULATION re 101 REPORT AND RECOMMENDATIONS. Hearing set for 7/17/2006 09:30 AM before Chief Judge Philip M. Pro. Signed by Judge Philip M. Pro on 7/6/06. (KCR) (Entered: 07/10/2006)
07/17/2006108  MINUTES OF PROCEEDINGS - Scheduling Conference as to SDI Future Health, Inc. et al., held on 7/17/2006 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; AUSA: Crane Pomerantz, Steven W. Myhre; Def Counsel: Thomas S. Nolan, C. Stanley Hunterton, Mark S. Hardiman, Lance A. Etcheverry; Court Reporter/FTR #: Erin Smith; Time of Hearing: 9:25 a.m.; The Court hears the representations of counsel. The Court instructs counsel to submit a Proposed Scheduling Order to the Court by July 21, 2006, which contains appropriate deadlines and designates the case as complex per the Speedy Trial requirements. Upon receipt and review of the Proposed Scheduling Order, the Court will enter an Order setting forth new dates for the filing of objections. IT IS ORDERED ALL FUTURE MOTIONS FILED IN THE CASE SHALL BE REFERRED DIRECTLY TO THIS COURT FOR CONSIDERATION, EXCEPT MOTIONS SEEKING CLARIFICATION OR RECONSIDERATION OF A RULING PREVIOUSLY MADE BY THE MAGISTRATE JUDGE.(no image attached) (DMA) (Entered: 07/18/2006)
07/20/2006109 UNOPPOSED MOTION Joint Request for Scheduling Order by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. (Pomerantz, Crane) (Entered: 07/20/2006)
07/20/2006110 SUPPLEMENT by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health Notice of Supplemental Authority in Further Support of Motion Requesting an Evidentiary Hearing Regarding the Government's Intrusions Into Defendants' Privileged Information re 1)(Mumford, Marcus) (Entered: 07/20/2006)
07/21/2006111 RESPONSE to 110 Supplement,, filed by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (Wenthe, Roger) (Entered: 07/21/2006)
07/21/2006112 SCHEDULING ORDER as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re Motions 97 : Jury Trial reset to 3/12/2007 08:30 AM in LV Courtroom 7C. Calendar Call reset to 3/7/2007 08:15 AM in LV Courtroom 7C. Objections to R&R re 41 MOTION is due 8/21/06. Responses to objections due (11) eleven days after objections. All motions in limine due (30) thirty days prior to trial date. Responses due (7) seven days thereafter. Signed by Judge Philip M. Pro on 7/21/06. speedy trial cited (KCR) (Entered: 07/27/2006)
08/21/2006113 OBJECTION to 2 Exhibit 2)(Myhre, Steven) (Entered: 08/21/2006)
08/21/2006114 OBJECTION to 1 Declaration of Marcus R. Mumford in Support Of Defendants' Objections to the Magistrate's Findings and Recommendations on Defendants' Motion to Suppress (#41))(Mumford, Marcus) (Entered: 08/21/2006)
08/25/2006115 REPORT AND RECOMMENDATIONS to grant in part and deny in part 42 MOTION for Franks Hearing as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Objections to R&R due by 9/10/2006. Signed by Judge George W Foley Jr. on 8/25/06. (KCR) (Entered: 08/28/2006)
09/01/2006116 RESPONSE to Objection to 1 Declaration Declaration of Marcus R. Mumford in Support Thereof)(Etcheverry, Lance) (Entered: 09/01/2006)
09/01/2006117 RESPONSE to Objection to 101 Report and Recommendations by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health Government's Response to Defendants' Objections to R&R (Myhre, Steven) (Entered: 09/01/2006)
09/11/2006118 ORDER granting in part and denying in part 40 Motion to Compel in case as to Inc SDI Future Health (1), Todd Stuart Kaplan (2), and Jack Brunk (3). Signed by Judge George W Foley Jr. on 9/11/06. (KCR) Docket Text Modified on 9/12/2006 (MJZ). (Entered: 09/11/2006)
09/11/2006119 OBJECTION to 1 Exhibit 1)(Myhre, Steven) (Entered: 09/11/2006)
09/11/2006120 OBJECTION to 1 Declaration of Marcus R. Mumford in Support)(Mumford, Marcus) (Entered: 09/11/2006)
09/18/2006121 RESPONSE to Objection to 115 Report and Recommendations by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health Government's Response to Defendants' Objections to R&R Relating to Franks Motion (Myhre, Steven) (Entered: 09/18/2006)
09/18/2006122 RESPONSE to Objection to 1 Declaration of Marcus R. Mumford In Support)(Mumford, Marcus) (Entered: 09/18/2006)
09/20/2006123 OBJECTION to Report and Recommendations by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health Defendants' Objection To The Magistrate's Findings And Recommendations Regarding Defendants' Motion To Compel Further Disclosure Of The Government's Expert Witness Opinions (#118). Response to Objections to R&R due by 10/6/2006. (Mumford, Marcus) (Entered: 09/20/2006)
10/06/2006124 RESPONSE to 123 Objection to Report and Recommendations,, Government Opposition to Defendant's Objections to Magistrate's Order Regarding Expert Witnesses filed by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (Myhre, Steven) (Entered: 10/06/2006)
10/11/2006125 MOTION to Compel Statements Under Federal Rule Of Criminal Procedure 16(a)(1) by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Responses due by 10/25/2006. (Attachments: # 1 Declaration of Marcus R. Mumford In Support)(Mumford, Marcus) (Entered: 10/11/2006)
10/16/2006126 REPORT AND RECOMMENDATIONS to deny 39 MOTION to Suppress as to Jack Brunk, Todd Stuart Kaplan, Inc and SDI Future Health. Objections to R&R due by 11/1/2006. Signed by Judge George W Foley Jr. on 10/16/06. (KCR) (Entered: 10/18/2006)
10/18/2006127 REPLY to 124 Response - Other,, Defendants' Reply To The Government's Opposition To Defendants' Objection To The Magistrate's Order Regarding Disclosure Of Expert Witnesses filed by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (Mumford, Marcus) (Entered: 10/18/2006)
10/19/2006128 RESPONSE to 125 MOTION to Compel Statements Under Federal Rule Of Criminal Procedure 16(a)(1); filed by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Opposition of United States Replies due by 10/25/2006. (Pomerantz, Crane) (Entered: 10/19/2006)
10/24/2006129 REPLY to Response to 125 MOTION to Compel; filed by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Defendants' Reply In Further Support Of Their Motion To Compel Statements Under Federal Rule Of Criminal Procedure 16(A)(1) (Mumford, Marcus) (Entered: 10/24/2006)
10/26/2006130 OBJECTION to 126 Report and Recommendations by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health Government Objections to R&R Regarding Attorney-Client Privilege. Response to Objections to R&R due by 11/11/2006. (Myhre, Steven) (Entered: 10/26/2006)
10/31/2006131 OBJECTION to 126 Report and Recommendations by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health Defendants' Objections, And Response To The Government's Objections, To The Magistrate's Findings And Recommendations On Defendants' Motion For An Evidentiary Hearing Regarding The Government's Intrusion Into Defendants' Privileged Information. Response to Objections to R&R due by 11/16/2006. (Attachments: # 1 Appendix Transcript of May 17, 2006 Hearing)(Mumford, Marcus) (Entered: 10/31/2006)
11/03/2006132 RESPONSE to Objection to 1)(Myhre, Steven) (Entered: 11/03/2006)
11/07/2006133 REPLY to 132 Response to Objection to Report and Recommendations, Defendants' Reply To The Government's Response To Defendants' Objections To The Magistrate's Findings And Recommendations On The Privilege Motion filed by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (Mumford, Marcus) (Entered: 11/07/2006)
11/28/2006134  MINUTE ORDER IN CHAMBERS of the Honorable Philip M. Pro, U.S. District Judge, as to Jack Brunk, Todd Stuart Kaplan, SDI Future Health, Inc. on 11/28/2006 by Deputy Clerk: Donna Andrews. RE: 41 MOTION to Suppress:IT IS ORDERED a Hearing is set for 1/16/2007 at 09:00 AM in LV Courtroom 7C before Chief Judge Philip M. Pro. (no image attached) (DMA) (Entered: 11/28/2006)
11/28/2006135 ORDER affirming 131 Objections, as to SDI Future Health Inc (1), Todd Stuart Kaplan (2), and Jack Brunk (3). Defendant opening brief due 1/22/06. USA response due 1/5/07. Replies due 1/16/07. Signed by Judge Philip M. Pro on 11/28/06. (KCR) (Entered: 11/30/2006)
11/28/2006136 ORDER re 125 Motion to Compel as to Inc SDI Future Health (1), Todd Stuart Kaplan (2) and Jack Brunk (3): Statements described in motion shall be produced by Plaintiff by 12/29/06. To the extent that Defendants seek by the instant anticipatory Order of preclusion, said Motion is denied. Signed by Judge Philip M. Pro on 11/28/06. (KCR) (Entered: 12/04/2006)
11/28/2006137 ORDER as to Compel as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health: ORDER affirming 118 Order. Signed by Judge Philip M. Pro on 11/28/06. (KCR) (Entered: 12/04/2006)
12/20/2006138 NOTICE of Lodging In Camera Defendants' Memorandum of Point and Authorities Re: Privileged Nature Of Documents Seized By Government As To Which The Privilege Was Not Waived by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 135 Order on Report and Recommendations, (Mumford, Marcus) (Entered: 12/20/2006)
12/20/2006139 MOTION for Leave to File Petition For Leave Of Court To Lodge Privileged Documents Under Seal For In Camera Review In Support Of Defendants' Brief Re: Privileged Nature Of Documents Seized By Government As To Which The Privilege Was Not Waived by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. (Attachments: # 1 Proposed Order Re: Lodging of Privileged Documents Under Seal for In Camera Review)(Mumford, Marcus) (Entered: 12/20/2006)
12/21/2006140 ORDER granting 139 Motion for Leave to File Privileged Documents Under Seal for In Camera Review as to SDI Future Health, Inc. (1), Todd Stuart Kaplan (2), and Jack Brunk (3). Signed by Judge Philip M. Pro on 12/21/06. (AAB) (Entered: 12/27/2006)
01/04/2007141 MOTION to Extend Time regarding discovery/non dispositive matter for Disclosure of Documents and Enlargement of Time to Respond re 138 Notice (Other), Notice (Other) by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. (Wenthe, Roger) (Entered: 01/04/2007)
01/16/2007143  MINUTES OF PROCEEDINGS - Hearing re 115 Report and Recommendation to Grant in Part and Deny in Part Motion for Franks Hearing as to Jack Brunk, Todd Stuart Kaplan, SDI Future Health, Inc. held on 1/16/2007 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; AUSA: Steven W. Myhre, Roger W. Wenthe, Crane Pomerantz; Def Counsel: Thomas S. Nolan, Mark S. Hardiman, C. Stanley Hunterton, Lance A. Etcheverry, Marcus Mumford; Court Reporter/FTR #: Erin Smith; Time of Hearing: 9:05 a.m.; Defendant Todd Kaplan present on a PR Bond. Defnedant Jack Brunk not present. The Court hears the arguments of Mr. Nolan, Mr. Hardiman, Mr. Hunterton and Mr. Myhre. The Court finds the matter stands submitted. Defendants are continued on present terms of release. (no image attached) (DMA) (Entered: 01/16/2007)
01/16/2007144  TRANSCRIPT of Proceedings: 108 Scheduling Conference as to SDI Future Health, Inc, et al, held on 7/17/06 before Judge Philip M. Pro. Court Recorder: Erin Smith. (no image attached) (EDS) (Entered: 01/18/2007)
01/19/2007145 RESPONSE to 138 Notice (Other), Notice (Other); filed by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Defendants' Opposition To The Government's Motion For Disclosure Of Documents And Enlargement Of Time To Respond. Replies due by 1/25/2007. (Mumford, Marcus) (Entered: 01/19/2007)
01/22/2007146 RESPONSE to filed by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Supplemental Opposition to Defendants' Motion to Compel Production of Government Interview Memoranda Replies due by 1/28/2007. (Attachments: # 1 Exhibit A)(Pomerantz, Crane) (Entered: 01/22/2007)
01/22/2007147 NOTICE of Defendants' Disclosures Pursuant to Fed. R. Crim. P. 16 Re Expert Testimony of Jay N. Schapira, M.D. by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (Mumford, Marcus) (Entered: 01/22/2007)
01/23/2007148 RESPONSE to 146 Response to Motion,, Defendants' Response To The Government's Supplemental Opposition To Defendants' Motion To Compel Production Of Government Interview Memoranda filed by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (Attachments: # 1 Exhibit A (1/8/07 Letter))(Mumford, Marcus) (Entered: 01/23/2007)
01/26/2007149  TRANSCRIPT of Proceedings: 143 Miscellaneous Hearing as to Jack Brunk, Todd Stuart Kaplan, and SDI Future Health, Inc. held on 1/16/07 before Judge Philip M. Pro. Court Recorder: Erin Smith. (no image attached) (EDS) (Entered: 01/30/2007)
02/27/2007150 ORDER REGARDING TRIAL as to Jack Brunk, Todd Stuart Kaplan, SDI Future Health, Inc.: Jury Trial set for 3/12/2007 08:30 AM in LV Courtroom 7C before Judge Philip M. Pro. Calendar Call set for 3/7/2007 09:00 AM in LV Courtroom 7C before Judge Philip M. Pro. Exhibit List due by 3/7/2007. Proposed Voir Dire due by 3/7/2007. Proposed Jury Instructions due by 3/7/2007. Trial Briefs due by 3/7/2007. Signed by Judge Philip M. Pro on 02/27/2007. (DMA) (Entered: 02/27/2007)
03/03/2007151First MOTION to Continue District Judge Hearing Motion to Vacate Calendar Call and Set for Status by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. (Myhre, Steven) (Entered: 03/03/2007)
03/05/2007152  ORDER granting 151 Joint Motion to Vacate Calendar Call and Request for Status Conference as to SDI Future Health, Inc., Todd Stuart Kaplan and Jack Brunk. IT IS ORDERED a Satus Conference is set for 3/16/2007 at 02:00 PM in LV Courtroom 7C before Judge Philip M. Pro. Signed by Judge Philip M. Pro on 3/5/2007. (DMA) (Entered: 03/05/2007)
03/16/2007153  MINUTES OF PROCEEDINGS - Status Conference as to Jack Brunk, Todd Stuart Kaplan, SDI Future Health, Inc. held on 3/16/2007 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; AUSA: Steven W. Myhre, Crane Pomerantz; Def Counsel: Thomas S. Nolan, Mark S. Hardiman, Lance A. Etcheverry; Court Reporter/FTR #: Aaron Blazevich; Time of Hearing: 2:00 p.m.; Defendants are not present. The Court advises counsel the Court will enter a ruling on the outstanding motions within the next two weeks. On inquiry by the Court, Mr. Nolan states they would prefer not to set a new trial date at this time, but to await the Court's ruling on the motions. Mr. Myhre is agreeable with not setting a new trial date at this time. Mr. Nolan advises the Court the five matters identified in the request for a status conference are the only outstanding motions in the case, however, they will be filing Motions in Limine if the case proceeds to trial. (no image attached) (DMA) (Entered: 03/19/2007)
04/04/2007154 ORDER overruling 115 Report and Recommendations as to Inc SDI Future Health (1), Todd Stuart Kaplan (2) and Jack Brunk (3). Signed by Judge Philip M. Pro on 4/4/07. (KCR) (Entered: 04/06/2007)
04/04/2007155 ORDER denying 97 Motion to Compel as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Signed by Judge Philip M. Pro on 4/4/07. (KCR) (Entered: 04/06/2007)
04/24/2007156  MINUTE ORDER IN CHAMBERS of the Honorable Philip M. Pro, U.S. District Judge, as to Jack Brunk, Todd Stuart Kaplan, SDI Future Health, Inc. on 4/24/2007 by Deputy Clerk: Donna Andrews. IT IS ORDERED a Status Hearing to reset the trial date is for 5/7/2007 at 10:00 AM in LV Courtroom 7C before Judge Philip M. Pro. (no image attached) (DMA) (Entered: 04/24/2007)
05/03/2007157 NOTICE OF APPEAL by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health (Pomerantz, Crane) (Entered: 05/03/2007)
05/04/2007158  MINUTE ORDER IN CHAMBERS of the Honorable Philip M. Pro, U.S. District Judge, as to Jack Brunk, Todd Stuart Kaplan, SDI Future Health, Inc. on 5/4/2007 by Deputy Clerk: Donna Andrews. Pursuant to the Notice of Appeal 157 filed by Government counsel, and on the request of counsel, IT IS ORDERED the Status Hearing to Reset the Trial Date set on 5/7/2007 at 10:00 AM is VACATED. (no image attached) (DMA) (Entered: 05/04/2007)
05/04/2007159 MOTION to Stay Further Proceedings Pending Appeal by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Responses due by 5/18/2007. (Pomerantz, Crane) (Entered: 05/04/2007)
05/18/2007160 RESPONSE to 159 MOTION to Stay Further Proceedings Pending Appeal; filed by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. Defendants' Response To The Government's Motion To Stay Further Proceedings Pending Appeal Replies due by 5/24/2007. (Mumford, Marcus) (Entered: 05/18/2007)
05/21/2007161 TRANSMITTAL of Notice of Appeal and Docket Sheet to US Court of Appeals re 157 Notice of Appeal as to Jack Brunk, Todd Stuart Kaplan, and SDI Future Health, Inc (MMM) (Entered: 05/21/2007)
05/25/2007162AMENDED TRANSMITTAL of Notice of Appeal, Docket Sheet and Order for Time Schedule to US Court of Appeals re 157 Notice of Appeal as to Jack Brunk, Todd Stuart Kaplan, and SDI Future Health, Inc. Certificate of Record due by 7/15/2007. (Attachments: # 2 REQUIRED Transcript Designation Form)(MMM) (Entered: 05/25/2007)
05/31/2007163 TRANSMITTAL RETURN of Notice of Appeal from USCA as to Jack Brunk, Todd Stuart Kaplan, and Inc SDI Future Health re 157 Notice of Appeal. USCA Case Number 07-10261. (AAB) (Entered: 06/01/2007)
06/04/2007164 TRANSCRIPT DESIGNATION by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 157 Notice of Appeal, 103 Transcript, 102 Transcript, 100 Transcript, 104 Transcript, 105 Transcript. (Pomerantz, Crane) (Entered: 06/04/2007)
06/11/2007165 TRANSCRIPT DESIGNATION by Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 30 Transcript, 80 Transcript, 81 Transcript,, 149 Transcript. (Mumford, Marcus) (Entered: 06/11/2007)
06/22/2007166 ORDER granting 159 Motion to Stay Further Proceedings Pending Appeal as to SDI Future Health, Inc. (1), Todd Stuart Kaplan (2), and Jack Brunk (3). Signed by Judge Philip M. Pro on 6/22/07. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 06/25/2007)
08/22/2007167 ORDER of USCA that the government's motion for an extension of time to file the opening brief is granted. The opening brief is due Octobert 9, 2007; the answering brief is due November 8, 2007; and the optional reply brief is due 14 days after service of the answering brief. Court records do not currently reflect that the district court has issued the certificate of record as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 157 Notice of Appeal. (JGI) (Entered: 08/22/2007)
08/22/2007168 CERTIFICATE OF RECORD on Appeal Transmitted to USCA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 157 Notice of Appeal. (JGI) (Entered: 08/22/2007)
08/30/2007169 TRANSMITTAL RETURN re 168 Certificate of Record. (SRK) (Entered: 09/05/2007)
11/26/2007170 ORDER of USCA granting Appellees' unopposed motion for an extension of time to file Answering Brief as to Jack Brunk, Todd Stuart Kaplan, and SDI Future Health re 157 Notice of Appeal. Answering Brief due by 1/7/2008. Reply brief due 14 days after service of the answering brief. Any subsequent motion shall contain a recital of the defendant's bail status. (ASB) (Entered: 12/05/2007)
01/26/2009172OPINION of USCA Affirming in Part, Reversing in Part, and Remanding Judgment of the US District Court re: 157 Notice of Appeal as to Jack Brunk, Todd Stuart Kaplan, Inc and SDI Future Health. (ASB) (Entered: 01/27/2009)
03/19/2009173- ORDER of USCA that the panel has voted unanimously to deny the petition for rehearing filed by Plaintiff-Appellant on February 10, 2009 as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 157 Notice of Appeal. (JAG) (Entered: 03/19/2009)
06/03/2009174 AMENDED OPINION of USCA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 157 Notice of Appeal. Affirmed in part, reversed in part, remanded for further proceedings. (AXM) (Entered: 06/03/2009)
06/09/2009175 MANDATE of USCA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 157 Notice of Appeal. (ECS) (Entered: 06/10/2009)
06/11/2009177 ORDER on Mandate as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health re 157 Notice of Appeal. Signed by Judge Philip M. Pro on 6/11/09. Affirming in part, reversing in part, remanding in part. Status hearing set for 6/17/09 at 10:30am before Judge Pro, Courtroom 7C. (AXM) (Entered: 06/11/2009)
06/17/2009178  MINUTES OF PROCEEDINGS - Remand Hearing as to Jack Brunk, Todd Stuart Kaplan, SDI Future Health, Inc. held on 6/17/2009 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; AUSA: Steven W. Myhre, Crane Pomerantz; Def Counsel: Lance A. Etcheverry, Thomas S. Nolan; Court Reporter/FTR #: Summer Rivera; Time of Hearing: 10:30 a.m.; Courtroom: 3D; Defendants are not present. The Court summarizes the issues on remand. The Court and counsel confer on what issues remain and what action needs to be taken to restore the case to the trial calendar. IT IS ORDERED counsel shall submit a written Status Report to the Court by 7/17/2009 setting forth their positions as to further briefing and, if necessary, an evidentiary hearing on the remanded issues. Counsel shall also submit a Stipulation citing excludable time under the Speedy Trial Act.(no image attached) (Copies have been distributed pursuant to the NEF - DMA) (Entered: 06/21/2009)
07/17/2009179 STIPULATION to Continue Status Report by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. (Myhre, Steven) Modified to remove duplicate wording on 7/20/2009 (LMC). (Entered: 07/17/2009)
07/23/2009180 ORDER ON STIPULATION Granting 179 Stipulation to Continue Status Report, ( Status Report due by 8/3/2009.) Signed by Judge Philip M. Pro on 07/23/2009. (Copies have been distributed pursuant to the NEF - SD) (Entered: 07/23/2009)
07/31/2009181 STIPULATION to Continue Status Report by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. (Myhre, Steven) Modified to remove duplicate wording on 8/3/2009 (LMC). (Entered: 07/31/2009)
08/03/2009182 ORDER ON STIPULATION Granting 181 Stipulation to Continue Status Report, ( Status Report due by 8/28/2009.) Signed by Judge Philip M. Pro on 08/03/2009. (Copies have been distributed pursuant to the NEF - SD) (Entered: 08/03/2009)
08/28/2009183 STIPULATION to Continue Status Report by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. (Pomerantz, Crane) (Entered: 08/28/2009)
08/28/2009184 ORDER ON STIPULATION Granting 183 Stipulation to Extend Deadline to File Status Report ( Status Report due by 9/17/2009.) Signed by Judge Philip M. Pro on 8/28/2009. (Copies have been distributed pursuant to the NEF - SD) (Entered: 08/28/2009)
10/21/2009185 STIPULATION To Set Matter For Hearing by USA as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health. (Myhre, Steven) (Entered: 10/21/2009)
10/22/2009186 ORDER ON STIPULATION Granting 185 Stipulation to Set Hearing. ( Change of Plea Hearing set for 11/2/2009 03:00 PM before Judge Philip M. Pro.) IT IS FURTHER ORDERED that, based on the findings above and the ends ofjustice being served, all time between the issue of the Mandate from the Ninth Circuit Court of Appeals until the date and time of the hearing scheduled above shall be, and is, excluded under Section 3161 (h)(7)(A) and (B). Signed by Judge Philip M. Pro on 10/22/2009. (Copies have been distributed pursuant to the NEF - SD) (Entered: 10/22/2009)
02/01/2010191 SENTENCING MEMORANDUM by Todd Stuart Kaplan as to Inc SDI Future Health, Todd Stuart Kaplan, Jack Brunk. (Attachments: # 2 Exhibit B)(Nolan, Thomas) Modified to show memorandum only pertains to defendant Kaplan on 2/3/2010 (LMC). (Entered: 02/01/2010)
02/01/2010   NOTICE of Docket Correction to 191 Sentencing Memorandum, as to Jack Brunk, Todd Stuart Kaplan, Inc SDI Future Health: ERROR: Linked to all defendants. CORRECTED BY COURT. Counsel reminded that when filing documents, link ONLY to the defendant(s) to which document pertains. (no image attached)(LMC) (Entered: 02/03/2010)
02/03/2010192 ERROR: Document not filed by attorney signing objection, linked to all defendants OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Jack Brunk as to Inc SDI Future Health, Todd Stuart Kaplan, Jack Brunk. (Hunterton, C.) Modified on 2/3/2010 (LMC). (Entered: 02/03/2010)