KSCREC

U.S. District Court
District of Hawaii (Hawaii)
CRIMINAL DOCKET FOR CASE #: 1:02-cr-00438-DAE-3


Case title: USA v. Rutledge, et al

Date Filed: 10/30/2002
Date Terminated: 03/02/2006

Assigned to: JUDGE DAVID ALAN EZRA

Defendant (3)
Star-Beach Boys, Inc.
TERMINATED: 03/02/2006
represented byDavid J. Gierlach
231 Miloiki Place
Honolulu, HI 96825
673-8930
Email: david.gierlach@gmail.com
TERMINATED: 09/13/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Victor Sherman
Sherman & Sherman
2115 Main St
Santa Monica, CA 90405
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
26:7206(2), 18: 3551: AIDING & ASSISTING IN FILING A FALSE INCOME TAX RETURN
(10s)
Probation: 2 Years; Fine: $40,000.00 Special Assessment: $400.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES - in the collection and assessment of income taxes
(1)
Dismissed
18:371 and 3551: CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
Dismissed
26:7206A.F FRAUD AND FALSE STATEMENTS; 26:7206(2) Aid & Assist in filing of false income tax return
(5)
Dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Movant
Unity House, Inc.
in Receivership
TERMINATED: 11/20/2006
represented byBrook Hart
333 Queen St Ste 610
Honolulu, HI 96813
526-0811
Email: hartlaw@hawaii.rr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Fred H. Altshuler
Altshuler Berzon LLP
177 Post St Ste 300
San Francisco, CA 94108
415 421-7151
Fax: 415 362-8064
Email: faltshuler@altshulerberzon.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Movant
Douglas Himmelfarb
TERMINATED: 11/20/2006
represented byChristopher J. Muzzi
Moseley Biehl Tsugawa Lau & Muzzi
Alakea Corporate Tower
1100 Alakea St 23rd Flr
Honolulu, HI 96813
531-0490
Email: cmuzzi@hilaw.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Renee M. Furuta
Moseley Biehl Tsugawa Lau & Muzzi
Alakea Corporate Tower
1100 Alakea St 23rd Flr
Honolulu, HI 96813
531-0490
Fax: 534-0202
Email: rfuruta@hilaw.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Roger S. Moseley
Moseley Biehl Tsugawa Lau & Muzzi
Alakea Corporate Tower
1100 Alakea St 23rd Flr
Honolulu, HI 96813
531-0490
Fax: 534-0202
Email: rmoseley@hilaw.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Scott D. Radovich
Schneider Tanaka Radovich Andrew & Tanaka
Alakea Corporate Tower
1100 Alakea St Ste 2100
Honolulu, HI 96813
792-4200
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained


Plaintiff
USA represented byBrian D. Boyle
US Department of Justice
Principal Deputy Associate AG
950 Pennsylvania Ave NW Rm 5706
Washington, DC 20530
202 514-9500
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Edward E. Groves
US Department of Justice
Tax Division
950 Pennsylvania Ave NW Room 4132
Washington, DC 20530
202 514-5193
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Edward H. Kubo , Jr.
Office of the United States Attorney
Prince Kuhio Federal Building
300 Ala Moana Blvd Ste 6100
Honolulu, HI 96850
541-2850
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Florence T. Nakakuni
Office of the United States Attorney
300 Ala Moana Blvd Ste 6100
Honolulu, HI 96850
541-2850
Email: florence.nakakuni@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
11/07/2002EO: MINUTES Initial Appearance/A & P as to the Indictment set for November 18, 2002 continued to November 19, 2002 @l0:30 a.m. before Judge Chang. cc: Ted Groves, Michael Green, PreTrial Services and U.S. Marshal's ; arraignment set for 10:30 11/19/02 for Aaron A. Rutledge by Judge Mag Judge Kevin S. Chang (bbb) (Entered: 11/08/2002)
11/18/2002EO: MINUTES Continued : [Initial Appearance/A & P as to the Indictment] from 11/19/2002 10:30 to 11/26/2002 02:00:00 before BMK. Darlene Michael Green's office to notify parties. by Judge Mag Judge Barry M. Kurren (bbb) (Entered: 11/22/2002)
12/18/200210 EO: MINUTES continued final pretrial conf from 10:00 12/30/02 to 3:00 1/6/03 LEK for Aaron A. Rutledge ; Lou Bracco, for Ted Groves to notify parties by Judge Mag Judge Kevin S. Chang (bbb) (Entered: 12/20/2002)
03/25/200315 EO: MINUTES: Continued : [Final Pretrial Conference] from 03/31/2003 10:00:00 AM to 04/07/2003 10:00:00 AM before LEK at the agreement of the parties. Darlene from Green's office to notify parties. final pretrial conf set for 10:00 4/7/03 for Aaron A. Rutledge by Judge Barry M. Kurren (bbb) (Entered: 03/28/2003)
07/11/200322 RESPONSE by plaintiff USA to motion for a bill of particulars by defendant Aaron A. Rutledge [21-1]; certificate of service (sm) (Entered: 07/16/2003)
07/14/200323 EO: MINUTES: Defendant's Motion for Bill of Particulars set for 07/17/2003 10:30:00 AM before LEK is Vacated. Michael Jay Green to notify all parties. Motion is Withdrawn. Clerk's Office, please terminate Motion. [21-1] by Judge Leslie Kobayashi (sm) (Entered: 07/16/2003)
08/20/200325 EO: MINUTES:Final Pretrial Conference set for 09/02/2003 10:00:00 AM before BMK is vacated. A & P to Second Superseding Indictment set for 9-4-03 @ 10 a.m., BMK. arraignment set for 10:00 9/4/03 for Aaron A. Rutledge final pretrial conference vacated by Judge Barry M. Kurren (fe) (Entered: 08/21/2003)
08/20/200326 EP: SECOND SUPERSEDING INDICTMENT by USA; naming Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. counts filed against Aaron A. Rutledge (1) count(s) 1ss, 2ss, 3ss, Anthony A. Rutledge (2) count(s) 1, 4, Star-Beach Boys Inc. (3) count(s) 1, 5 ordered ( Marjann Shawler ) by Mag Judge Kevin SC Chang (eps) (Entered: 08/26/2003)
08/20/200329 PS issued as to Star-Beach Boys Inc. ; arraignment set for 10:00 9/4/03 for Star-Beach Boys Inc. before Mag Judge Barry M. Kurren (eps) (Entered: 08/26/2003)
08/26/200332 PS executed on 8/21/03 via certified mail - RRR 8/23/03 as to Star-Beach Boys Inc. thru Anthony Rutledge (sm) Modified on 09/03/2003 (Entered: 08/26/2003)
09/04/200335 EP: MINUTES: arraignment held on 9/4/03 , dft Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. arraignment waived; plea of NOT GUILTY entered; Attorney William C. McCorriston, David J. Gierlach present; , ; jury trial set for 9:00 12/2/03 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. ; final pretrial conf set for 10:00 11/3/03 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. , , Bond set for Anthony A. Rutledge Sr. , to modify conditions of release as to Aaron A. Rutledge , ; Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., USA Attorney Edward E. Groves, Michael Jay Green, William C. McCorriston, David J. Gierlach present ( Ct Rptr: C6 Tape 1454) by Judge Barry M. Kurren (afc) Modified on 09/09/2003 (Entered: 09/09/2003)
09/04/200335 EP: MINUTES: A & P to Second Superseding Indictment as to (01) Aaron A. Rutledge, (02) Anthony A. Rutledge, Sr., (03) Star-Beachboys, Inc. - defts present on bail. Arrns waived. Pleas of NOT GUILTY entered. Date given: JS/JT 11-4-03 @ 9 a.m., DAE New dates given: JS/JT 12-2-03 @ 9 a.m., DAE FPT 11-3-03 @ 10 a.m., KSC Motions due 9-25-03 Response due 10-9-03 Groves to prepare an order excluding time from 11-4-03 thru 12-2-03 for continuity of counsel and in the interest of justice. Bail as to (01) Aaron A. Rutledge amended as follows: (7m1) Contact is prohibited directly, indirectly, or through third parties with: co-defendants, except as to (02) Anthony Rutledge, Sr., co-conspirators, or witnesses in this and any related case. The U.S. Attorney's Office will provide Pretrial Services with initial and updated lists of names of persons with whom contact is prohibited. All other conditions to remain the same. BAIL as to (02) Anthony A. Rutledge, Sr.: $50,000.00 unsecured bond. (7b) Comply with pretrial services supervision, and abide by all conditions of release as directed by Pretrial Services. (7g1) Surrender any passport and all travel documents to the U.S. District Court Clerk's Office. Do not apply for/obtain a passport. Surrender no later than: 3 p.m. on September 5, 2003. (Deft may be released prior to submission of passport.) (7h3) Travel is restricted to: For any travel outside the State of Hawaii, the defendant must submit prior notification to the government and Pretrial Services must approve all out of district travel in advance. (7m1) Contact is prohibited directly, indirectly, or through third parties with: co-defendants, except as to (01) Aaron Rutledge, co-conspirators, or witnesses in this and any related case. The U.S. Attorney's Office will provide Pretrial Services with initial and updated lists of names of persons with whom contact is prohibited. (7s1) You are prohibited from owning, possessing, or controlling any firearm or ammunition. Immediately surrender all firearms and ammunition to an agent approved by Pretrial Services. (7y) You must contribute toward the costs of the services required by this bond, to the extent you are financially able to do so, as determined by Pretrial Services. (8n) Provide Pretrial Services with any and all requested financial information regarding your financial status including, but not limited to: employment and all sources of income, bank accounts, assets and liabilities, and investments. You are required to sign and execute an Authorization to Release Financial Information as requested by Pretrial Services. {arraignment held on 9/4/03 ; dft Aaron A. Rutledge arraignment waived; plea of NOT GUILTY entered; Attorney present; dft Anthony A. Rutledge Sr. arraignment waived; plea of NOT GUILTY entered; Attorney present; dft Star-Beach Boys Inc. arraignment waived; plea of NOT GUILTY entered; Attorney present; jury trial set for 9:00 12/2/03 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc.; final pretrial conf set for 10:00 11/3/03 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. ; modify conditions of release as to Aaron A. Rutledge ; $50,000.00 Unsecured Bond set for Anthony A. Rutledge Sr.} (01) Aaron A. Rutledge, (02) Anthony A. Rutledge Sr., (03) Star-Beach Boys Inc., USA Attorney Edward E. Groves, attorney (01) Michael Jay Green, attorneys (02) Jeffrey Rawitz & William C. McCorriston, attorney (03) David J. Gierlach present (Ct Rptr: C6 Tape 1454) by Mag Judge Barry M. Kurren (afc) (Entered: 09/09/2003)
09/12/200339 ORDER continuing trial date and tolling time under the speedy trial act by Mag Judge Barry M. Kurren ; jury trial set for 9:00 12/2/03 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. ; pretrial conference set for 10:00 11/3/03 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. , period from 9/16/03 to 12/2/03 excluded pursuant to 18:3161 (sm) (Entered: 09/15/2003)
09/17/200340 EX PARTE MOTION and Order by Mag Judge Barry M. Kurren by defendant Star-Beach Boys Inc. to shorten time for hearing on motion to extend rpetrial motions deadline; declaration of counsel; certificate of service (sm) (Entered: 09/18/2003)
09/17/200341  Notice of Motion and MOTION to extend pretrial motions deadline by defendant Star-Beach Boys Inc. declaration of counsel; exhibit 1; certficate of service; Motion hearing set for 9/19/03 at 10:00 BMK (sm) (Entered: 09/18/2003)
09/18/200342 EO: MINUTES:(03) Star-Beachboys, Inc.'s Motion to Extend Pretrial Motions set for 09/19/2003 10:00:00 AM before BMK VACATED. Per Groves, parties will stipulate to extend motions due to 10-21-03 and response date to 11-4-03. by Judge Barry M. Kurren (sm) (Entered: 09/22/2003)
09/30/200343 STIPULATION to extend pretrial motions deadline and order by Mag Judge Barry M. Kurren; shall be extended from 9/25/03 through and including 10/21/03 (sm) (Entered: 10/01/2003)
10/14/200345 STIPULATION to permit defendant Aaron A. Rutledge to travel and order by Mag Judge Leslie E. Kobayashi; certificate of service (defendant permitted to travel to Las Vegas, Nevada during the period of 10/11/03 thru 10/17/03) (sm) (Entered: 10/14/2003)
10/16/200346 Second STIPULATION to extend pretrial motions deadline and Order by Mag Judge Barry M. Kurren - pretrial motions deadline extended from 10-21-03 to 11-4-03. (sm) (Entered: 10/20/2003)
10/17/200347 MEMORANDUM in opposition to defendant Rutledge's motion to strike surplusage from second superseding indictment [44-1] by plaintiff USA; certificate of service (faxed signature copy) (sm) (Entered: 10/21/2003)
10/20/200348 USA memorandum in opposition to defendant Rutledge's motion to strike surplusage from second superseding indictment; [44-1]; certificate of service (Original copy with original signature) (sm) (Entered: 10/21/2003)
10/24/200350 NOTICE status conference by defendant Star-Beach Boys Inc.; certificate of service - status conference set 10/27/03 at 10:30 LEK (sm) (Entered: 10/27/2003)
10/28/200352 United States' Ex Parte MOTION for an order requiring defendants to file under seal any pleadings containing allegations of prosecutorial misconduct; declaration of Edward E. Groves; certificate of service - cc: DAE (SEALED) (sm) (Entered: 10/29/2003)
10/28/200353 Defendant Star-Beachboys, Inc.'s memorandum in opposition to plaintiff United States' exparte motion for an order requiring defendants t file under seal any pleadings containing allegations of prosecutorial misconduct, filed October 28, 2003; ; certificate of service - cc: DAE (sm) (Entered: 10/29/2003)
10/29/200354 EO : COURT ACTION ORDER DENYING DEFENDANT ANTHONY A. RUTLEDGE, SR.'S MOTION TO STRIKE SURPLUSAGE FROM SECOND SUPERSEDING INDICTMENT Defendant Anthony A. Rutledge, Sr. ("Defendant") having filed the Motion to Strike Surplusage from Second Superseding Indictment on October 6, 2003 ("Motion to Strike") and Reply Memorandum on October 21, 2003, and the United States of America ("United States") having filed its Memorandum in Opposition on October 17, 2003, and this matter having come on for hearing on October 27, 2003, for the reasons set forth below, the Court hereby DENIES the Motion to Strike. Defendant seeks to strike thirteen paragraphs of Count I of the Indictment against him. (Def.'s Mot. at 1; App. at 1-5.) He argues that these allegations "have no relevance, no legitimate purpose, and are indeed an attempt by the government to end run Federal Rule of Evidence 404(b) and place prejudicial but irrelevant material before the jury." (Def.'s Reply at 2-3.) Rule 7(d) of the Federal Rules of Criminal Procedure states that "[t]he court on motion of the defendant may strike the surplusage from the indictment or information." Fed. R. Crim. P. 7(d). "The purpose of a motion to strike under [Rule] 7(d) is to protect a defendant against prejudicial or inflammatory allegations that are neither relevant nor material to the charges.'" United States v. Terrigno, 838 F.2d 371, 373 (9th Cir. 1988) (quoting United States v. Ramirez, 710 F.2d 535, 544-45 (9th Cir. 1983)). In Terrigno, the defendant was charged with the crime of embezzlement and conversion of public funds. She objected to the allegations in the indictment which characterized her allegedly unlawful behavior as embezzling funds that were for the "poor and homeless," that she issued checks "willfully," and that she attempted to "lull and deceive" the charitable organization which held the public funds. See id. The United States Court of Appeals for the Ninth Circuit concluded that the district court did not abuse its discretion. The facts are similar here. The indictment contains language about Defendant's alleged acts in participating in the conspiracy, in particular, his alleged attempts to conceal his participation. While the language is less than complimentary about Defendant, it is related to the charges against him and other Defendants. Defendant's motion to strike is therefore DENIED. IT IS SO ORDERED. Cc: all counsel; denying motion to strike surplusage from second superseding indictment [44-1] () JUDGE Mag Judge Leslie E. Kobayashi (sm) (Entered: 10/30/2003)
11/07/200356 REPLY by plaintiff USA to defendant's memorandum in opposition to United States Ex Parte motion for an order requiring defendants to filed under seal any pleadings containing allegations of prosecutorial misconduct [53-1]; exhibit A; certificate of service (SEALED) (sealed) Modified on 11/07/2003 (Entered: 11/07/2003)
11/12/200359 United States' EX PARTE MOTION to Shorten Time for a Hearing on United States' Motion for an Inquiry Regarding Conflicts of Interest; declaration of Edward E. Groves; Order Granting Ex Parte Motion to Shorten Time; Certificate of Service - DENIED by Judge David Ezra (sm) (Entered: 11/14/2003)
11/12/200360 EP: MINUTES:: SEALED HEARING. Defendant (01)Aaron Rutledge present, not in custody. Defendant (02)Anthony Rutledge present, not in custody. Defendant (03)Star-Beachboys not present. Government's Motion for An Order Requiring Defendants to File Under Seal Any Pleadings Containing Allegations of Prosecutorial Misconduct. Defendant Rutledge's Appeal and Request to Reconsider a Pretrial Matter Determined by the Magistrate Judge. Sealed hearing held. Government's Motion for An Order Requiring Defendants to File Under Seal Any Pleadings Containing Allegations of Prosecutorial Misconduct-DENIED. Defendant Rutledge's Appeal and Request to Reconsider a Pretrial Matter Determined by the Magistrate Judge-DENIED in part, GRANTED in part. Court to issue order. denying motion Appeal and request to the District Court to reconsider a pretrial matter determined the Magistrate Judge by defendant Anthony A. Rutledge Sr. [57-1], denying motion for an order requiring defendants to file under seal any pleadings containing allegations of prosecutorial misconduct; [52-1] ; Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., USA Edward E. Groves, Jeffrey M. Rawitz, William C. Michael Jay Green present ( Ct Rptr: Cynthia Fazio) by Judge David A. Ezra (sm) (Entered: 11/17/2003)
11/17/200361 EP: MINUTES: Final Pretrial Conference. Presence waived as to defendants (01) and (02). Final Pretrial Conference not held. There are still pending matters per Mr. Groves. Mr. Green will be filing a dispositive motion. All defendants are prepared to go forward with trial on 12/2/03. Government's oral request to file response to the Motion for Disclosure is granted. Response is due 11/18/03 by noon. Having considered the comments of counsel, the Court finds that a continuance in this case is hereby warranted. New trial date and other deadlines given. Jury Selection/Trial: 2/10/04, 9:00am, Judge Ezra Final Pretrial Conference: 1/12/04, 10:00am, Judge Chang Motions due: 12/8/03 Response due: 12/22/03 Government to prepare the order and to exclude time from 12/2/03 through 2/10/04. ; jury trial set for 9:00 2/10/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. ; final pretrial conf set for 10:00 1/12/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. , ; Aaron A. Rutledge, Anthony A. Rutledge Star-Beach Boys Inc., USA Attorney David J. Gierlach, Jeffrey M. Rawitz, William C. McCorriston, Michael Jay Green, Edward E. Groves present ( Ct Rptr: CR tape 1201) by Judge Kevin Chang (sm) (Entered: 11/18/2003)
11/18/200362 United States'MEMORANDUM in opposition to defendants' joint motion for disclosure and production of grand jury transcripts and for other discovery; [55-1]; declaration of Edward E. Groves; certificate of service (SEALED) (sm) (Entered: 11/18/2003)
11/18/200363 Notice of Motion and MOTION for an Inquiry into Conflicts of Interest Regarding Representative of Defendants Aaron A. Rutledge, Anthony A. Rutledge, and Star-Beachboys, Inc; Memorandum in Support of Motion for An Inquiry into Conflicts of Interest; Exhibits A-F; Declaration of Edward E. Groves; Certificate of Service Motion hearing set for 1/12/04 at 9:00 DAE by USA (sm) Modified on 01/20/2004 (Entered: 11/19/2003)
11/20/200364 RESPONSE to defendant's Ex Parte Motion for a Leave to File Exhibit 1 as a public document by plaintiff USA; certificate of service (SEALED) (sm) Modified on 11/21/2003 (Entered: 11/21/2003)
11/20/200365 Defendants' REPLY to United States' memorandum in opposition to defendants' joint motion for disclosure and production of grand jury transcrips and for other discovery; certificate of service [55-1] (SEALED) (sm) Modified on 11/21/2003 (Entered: 11/21/2003)
11/20/200366 ORDER continuing trial date and tolling time under the speedy trial act by Mag Judge Kevin S. Chang ; time excluded from 12/2/03 to 2/10/04 pursuant to 18:3161 (sm) (Entered: 11/21/2003)
11/21/200367 United States' Supplemental MEMORANDUM in opposition to defendants' joint motion for disclosure of production of grand jury transcripts and other discovery; [55-1] certificate of service (sm) (Entered: 11/24/2003)
11/24/200368 ORDER to unseal search and seizure warrant affidavits by Mag Judge Kevin S. Chang (sm) (Entered: 11/24/2003)
11/24/200369 Defendant's Exparte MOTION for leave to to File Exhibit 1 attached hereto as a public document by defendant Star-Beach Boys Inc. ; memorandum in support of motion; declaration of David J. Gierlach; exhibit 1; (proposed) Order Granting Defendant's Exparte Motion for Leave to File Exhibit 1 attached hereto as a public document; Certificate of Service referred to Judge Ezra (SEALED) (sm) Modified on 11/24/2003 (Entered: 11/24/2003)
11/24/200370 ORDER of Recusal by Mag Judge Kevin S. Chang (cc: all counsel) (sm) (Entered: 11/25/2003)
11/24/200371 EP: MINUTES: Joint Motion for Disclosure and Production of Grand Jury Transcripts Pursuant to Rule 6 of the Federal Rules of Criminal Procedure and for Other Discovery. Defendants (01) and (02) present, not in custody. Court informs counsel that due to prior involvement while a State Judge, he will need to recuse himself from this case. An Order of Recusal will be filed. There being no objection and by agreement of counsel, defendant's oral request to continue trial is hereby granted. Jury Selection/Trial: 2/24/04, 9:00am, Judge Ezra Final Pretrial Conference: 1/26/04, 10:00am, Judge Kobayashi Motions due: 12/22/03 Response due: 1/5/04 Government to prepare the order and exclude time from 2/10/04 through 2/24/04. The Joint Motion for Disclosure and Production of Grand Jury Transcripts Pursuant to Rule 6 of the Federal Rules of Criminal Procedure and for Other Discovery is continued to 12/2/03 at 1:30pm before Judge Kurren. setting hearing on motion for disclosure of production of grand jury transcripts pursuant to Rule 6 of the Federal Rules of Criminal Procedure and for other discovery; memorandum in support of motion; declaration of David J. Gierlach; declarataion of Anthony Rutledge, Jr; declaratio of Myles Breiner; declarataion of Steven Rinesmith; declaration of Dick Ornellas; declaration of Jeffrey M. Rawitz; exhibits 1 through 16; certificate of service defendant Anthony A. Rutledge Sr. [55-1] 1:03 12/2/03 ; jury trial set for 9:00 2/24/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. ; final pretrial conf set for 10:00 1/26/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. , ; Aaron A. Rutledge, Anthony A. Rutledge Star-Beach Boys Inc., USA Attorney Jeffrey M. Rawitz, Michael Jay Green, David J. Gierlach, Edward Groves present ( Ct Rptr: tape 1210) by Judge Kevin S. C. Chang (sm) (Entered: 11/26/2003)
11/26/200372 ORDER Continuing Trial Date and Tolling Time Under the Speedy Trial Act by Mag Judge Kevin S. Chang ; jury trial set for 9:00 2/24/04 DAE for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. ; pretrial conference set for 10:00 1/26/04 LEK for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. , Time excluded from 2/10/04 thru 2/24/04 pursuant to 18:3161 (sm) (Entered: 12/01/2003)
12/02/200373 ORDER by Judge David A. Ezra granting defendant's exparte motion for leave to to file as a public document [69-1] (cc: all counsel) (sm) (Entered: 12/02/2003)
12/02/200374 EP: MINUTES: Joint Motion for Disclosure and Production of Grand Jury Transcripts Pursuant to Rule 6 of the Federal Rules of Criminal Procedure and for Other Discovery. Defendants (01) and (02) presence waived. Arguments held. Motion denied without prejudice. Mr. Groves to prepare the order; denying motion for disclosure of production of grand jury transcripts pursuant to Rule 6 of the Federal Rules of Criminal Procedure and for other discovery; memorandum in support of motion; declaration of David J. Gierlach; declarataion of Anthony Rutledge, Jr; declaratio of Myles Breiner; declarataion of Steven Rinesmith; declaration of Dick Ornellas; declaration of Jeffrey M. Rawitz; exhibits 1 through 16; certificate of service defendant Anthony A. Rutledge Sr. [55-1] ; Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., Attorney David J. Gierlach, Jeffrey M. Rawitz, Michael Jay Green, Edward E. Groves present ( Ct Rptr: C6, tape 1488) by Judge Barry M. Kurren (sm) (Entered: 12/03/2003)
12/17/200376 ORDER by Mag Judge Barry M. Kurren denying defendants'joint motion for disclosure of production of grand jury transcripts pursuant to Rule 6 of the Federal Rules of Criminal Procedure and other discovery [55-1] cc: BMK (sm) (Entered: 12/18/2003)
12/18/200377 STIPULATION Regarding Public Filing of Defendants' Second Amended Joint Motion for Disclosure and Production of Grand Jury Transcripts Pursuant to Rule 6 of the FRCP and for Other Discovery; Order by Mag Judge Barry M. Kurren re [55-1] (sm) (Entered: 12/22/2003)
12/30/200378 Notice of Motion and MOTION for appeal and request to the United States District Court to reconsider Magistrate's order denying defendants joint motion for disclosure and production grand jury transcripts pursuant to Rule 6 of FRCrP and for other discovery filed 12/17/03 by defendants Aaron A. Rutledge, Anthony A. Rutledge Sr. and Star-Beach Boys Inc. ; memorandum in support of appeal; exhibits 1 and 2; certificate of service - referred to Judge David Ezra [SEALED] (fe) (Entered: 12/31/2003)
12/30/200379 ORDER directing that appeal and request to reconsider magistrate's order lodgedon December 23, 2003 be filed under seal by Judge David A. Ezra re [78-1] (cc: all counsel) (eps) (Entered: 12/31/2003)
12/31/200380 EO: MINUTES: Continued : [Governments Motion for an Inquiry into Conflicts of Interest regarding Representation of Defendants Aaron A. Rutledge, Anthony A. Rutledge, and Star-Beachboys, Inc.] from 01/12/2004 09:00:00 AM to 01/30/2004 09:45:00 AM before DAE [63-1] by Judge David A. Ezra (afc) (Entered: 01/02/2004)
01/03/2004280 EP: SEALED HEARING. Attorneys Jan Handzlik, Sid Ayabe, and Ann Aratani appearing for Jeff Rawitz and Jones Day Law Firm. Sealed hearing held. Edward E. Groves Patrick Murphy (01)Brian DeLima (02)John Cline Jeffrey Rawitz Paul A. Wong (03)Victor Sherman, present; Sealed hearing held. ( Ct Rptr: Cynthia Fazio) by Judge Ezra (sm) (Entered: 01/04/2005)
01/06/200481 Notice of Motion and Joint MOTION to suppress evidence and the tainted fruit thereof by defendant Aaron A. Rutledge, defendant Anthony A. Rutledge Sr., defendant Star-Beach Boys Inc. ; memorandum in support of motion; declaration of David J. Gierlach; exhibits 1 through 6; Certificate of Service; Motion hearing set for 2/11/04 at 9:00 am. before Judge David A. Ezra (sm) Modified on 01/06/2004 (Entered: 01/06/2004)
01/06/200485 Notice of Motion and Joint MOTION to suppress evidence and the tainted fruit thereof lodged December 22, 2003 by defendant Aaron A. Rutledge, defendant Anthony A. Rutledge Sr., defendant Star-Beach Boys Inc. ; Certificate of Service; Motion hearing set for 2/11/04 at 9:00 DAE (sm) (Entered: 01/07/2004)
01/06/200486 Notice of Motion and MOTION by defendant Aaron A. Rutledge, defendant Anthony A. Rutledge Sr., defendant Star-Beach Boys Inc. to dismiss first superseding indictment based upon prosecutorial misconduct lodged December 22, 2003 ; Certificate of Service; Motion hearing set for 2/11/04 at 9:00 DAE (sm) (Entered: 01/07/2004)
01/13/200488 Amended CERTIFICATE of service by defendant Star-Beach Boys Inc. (sm) (Entered: 01/14/2004)
01/13/200489 Amended CERTIFICATE of service by defendant Star-Beach Boys Inc. (sm) (Entered: 01/14/2004)
01/13/200490 Amended CERTIFICATE of service by defendant Star-Beach Boys Inc. (sm) (Entered: 01/14/2004)
01/16/200491 MEMORANDUM in opposition to United States' motion for an Inquiry into Conflicts of Interest Regarding Representative of Aaron A. Rutledge, Anthony A. Rutledge, and Star-Beachboys, Inc; Declaration of David J.Gierlach; Exhibits 1 through 16; Certificate of Service (sm) (Entered: 01/20/2004)
01/22/200493 EO: MINUTES: Continued : [Final Pretrial Conference (KSC recused)] from 01/26/2004 10:00:00 AM to 02/09/2004 10:00:00 AM before LEK. Groves to notify parties.; final pretrial conf set for 10:00 2/9/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. by Judge Leslie Kobayashi (sm) (Entered: 01/23/2004)
01/22/200495 EO: MINUTES: Continued : [Final Pretrial Conference (KSC recused) [Jeffrey Rawitz by phone: 213-489-3939] from 01/26/2004 10:00:00 AM to 02/11/2004 02:00:00 PM before LEK. Jeffrey Rawitz to notify parties.; final pretrial conf set for 2:00 2/11/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. by Judge Leslie Kobayashi (sm) (Entered: 01/23/2004)
01/26/200496 United States' MEMORANDUM in opposition to defendants Aaron A. Rutledge, Anthony A. Rutledgte, Sr. and Star Beachboys, Inc.'s appeal and request to the United States District Court to reconsider Magistrate's order denying defendants joint motion for disclosure and production of grand jury transcripts and for other discovery filed December 17, 2003; [78-1]; Certificate of Service (SEALED) (sm) Modified on 01/26/2004 (Entered: 01/26/2004)
01/30/200497 EP: MINUTES:: Governments Motion for an Inquiry into Conflicts of Interest regarding Representation of Defendants Aaron A. Rutledge, Anthony A. Rutledge, and Star-Beachboys, Inc. Defendant (01) Aaron A. Rutledge presence waived. Defendant (02) Anthony A. Rutledge, Sr. Aka "Tony" Rutledge presence waived. Governments Motion for an Inquiry into Conflicts of Interest regarding Representation of Defendants Aaron A. Rutledge, Anthony A. Rutledge, and Star-Beachboys, Inc.-TAKEN UNDER ADVISEMENT. REFERRED TO THE OFFICE OF DISCIPLINARY COUNSEL. Hearing partially sealed. Court finds that this is a complex case. Motions set for 2/11/2004 @9:00amDAE CONTINUED to 4/2/2004 @9:00amDAE. Oppositions due: 2/27/2004 Replies due: 3/5/2004 Trial continued from 2/24/2004 to 7/27/2004 @9:00amDAE. Time to be excluded. FPT: 6/28/2004 @10amLEK Government to prepare order. taking under advisement on the motion for an Inquiry into Conflicts of Interest Regarding Representative of Defendants Aaron A. Rutledge, Anthony A. Rutledge, and Star-Beachboys, Inc; Memorandum in Support of Motion for An Inquiry into Conflicts of Interest; Exhibits A-F; Declaration of Edward E. Groves; Certificate of Service [63-1] ; jury trial set for 9:00 7/27/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. , ; status hearing set for 9:00 4/2/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. , ; final pretrial conf set for 10:00 6/28/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. ; Attorney Edward E. Groves, David J. Gierlach, Brian Sun, by phone), William C. McCorriston, Michael Jay Green present ( Ct Rptr: Cynthia Fazio) by Judge David Alan Ezra (sm) (Entered: 01/30/2004)
01/30/200498 EX PARTE MOTION and Order by Judge David A. Ezra by plaintiff USA (1) to extend time to file memoranda in opposition to defendants' motions that have been served late; (2) permit the government to attach to its memoranda grand jury transcripts and exhibits that are relevant to the issues raised by the defendants' motions but which would not unduly harm the witnesses who testified before the grand jury; and (3) file a supplemental memorandum that would attach for the court's in camera review other grand jury transcripts and exhibits that might lead to harm to the witnesses if released publicly at this time ; memorandum of the United States in support of its motion; {Proposed} order [SEALED] (fe) (Entered: 02/02/2004)
02/03/200499 ORDER by Judge David A. Ezra denying defendants' appeal of the magistrate's order denying defendants' joint motion for disclosure and production of grand jury transcripts [78-1] (cc: all counsel) (sm) (Entered: 02/03/2004)
02/10/2004101 United States' RESPONSE to Defendant Anthony A. Rutledge, Sr.'s Non-Hearing Motion to Extend Deadline Motion to Extend Deadline to File Reply Memoranda and Continue Hearings on Motions; Certificate of Service [100-1] (sm) (Entered: 02/10/2004)
02/11/2004102 ORDER by Judge David A. Ezra granting defendant Anthony Rutledge, Sr. a Ten-day extension to file reply memoranda on (1) motion to dismiss first superseding indictment based upon prosecutorial misconduct, filed January 6, 2004, (2) motion to sever, filed January 6, 2004, and (3) joint to suppress evidence and and continuing hearing date [100-1] defendant's reply memoranda due 3/15/04. Hearing set 4/14/04 at 1:30 DAE (cc: all counsel) (sm) (Entered: 02/11/2004)
02/17/2004103 ORDER continuing trial date and tolling time under the speedy trial act by Judge David A. Ezra ; jury trial set for 9:00 7/27/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. ; pretrial conference set for 10:00 6/28/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. , time excluded from 2/24/04 through 7/27/04 under the speedy trial act (gab) (Entered: 02/17/2004)
02/24/2004109 Memorandum of the United States in response to Defendant Anthony A. Rutledge, Sr.'s Ex Parte Motion for an Order Requiring the United States to File Under Seal the Silverberg Declartion; Exhibits 1-3; Certificate of Service [104-1] (sm) Modified on 02/25/2004 (Entered: 02/25/2004)
02/24/2004110 EX PARTE Petition of the United States for a Court Order Allowing it to File a Memorandum in Opposition to Defendant Anthony Rutledge, Sr.'s Motion to Dismiss that contains Grand Jury Materials; Memorandum of the United States in Support of its Motion; Exhibits 1-7 [86-1], re [83-1] (SEALED) Referred to Judge Ezra (sm) Modified on 02/25/2004 (Entered: 02/25/2004)
02/25/2004111 ORDER by Judge David A. Ezra denying defendant's Ex Parte Motion for and Order Requiring the United States to File Under Seal the Silverberg declaration and any references thereto in support of its opposition to defendant Anthony Rutledge, Sr.'s Motion to Dismiss First Superceding Indictment Based Upon Prosecutorial Misconduct, and Request for Discovery [104-2] (cc: all counsel) (sm) (Entered: 02/25/2004)
02/27/2004114 United States' MEMORANDUM in opposition to defendants' joint motion to suppress evidence and the tainted fruit thereof [85-1]; Certificate of Service (sm) (Entered: 03/01/2004)
02/27/2004116 ORDER by Judge David A. Ezra granting United States' Exparte Motion to File a Memorandum in Opposition to Defendant Anthony Rutledge, Sr.'s Motion to Dismiss that Contains Grand Jury Materials [110-1] (cc: all counsel) (sm) (Entered: 03/01/2004)
02/27/2004117 Exparte and In Camera Submission of the United States in Opposition to Defendant Anthony A.Rutledge, Sr.'s Motion to Dismiss the Second Superseding Indictment; Exhibit 1-7 Referred to Judge David Ezra (SEALED) (sm) Modified on 03/01/2004 (Entered: 03/01/2004)
03/02/2004118 Memorandum of the United States in RESPONSE to Defendant Anthony A. Rutledge, Sr.'s Objections to the Government's Filing of Grand Materials for in Camera Review; Exhibits 1-3; Certificate of Service [115-1] (sm) (Entered: 03/02/2004)
03/02/2004119 SUBMISSION of original signatures to "United States' Memorandum in Opposition to Defendants' Joint Motion to Suppress Evidence and Tainted Fruit Thereof" filed on February 27, 2004 [114-1] (sm) (Entered: 03/02/2004)
03/02/2004120 SUBMISSION of original signatures to "United States' Memorandum in Opposition to Defendant Anthony A. Rutledge, Sr.'s Motion to Sever" filed on February 27, 2004 [113-1] (sm) (Entered: 03/02/2004)
03/02/2004121 United States' EX PARTE MOTION for a Court Order Allowing it to File An Oversized Memorandum in Opposition to Defendant Anthony Rutledge, Sr.'s Motion to Dismiss the Second Superseding Inedictment and to File Two Versions of The Memorandum --- a Publicily Filed Reacted one and an unredacted one filed Under Seal for in Camera Review; Declaration of Trial Attorney Edward E. Groves; Proposed Order by Judge David A. Ezra (sm) (Entered: 03/03/2004)
03/02/2004122 ORDER Granting United States' Ex Parte Motion for A Court Order Allowing it to File An Oversized Memorandum in Opposition to Defendant Anthony Rutledge's Motion to Dismiss the Second Superseding Indictment and File two Versions of the Memorandum - a Publicly Filed Redacted One and A Unredacted One Filed Under Seal for In Camera Review by Judge David A. Ezra (cc: all counsel) (sm) Modified on 03/03/2004 (Entered: 03/03/2004)
03/02/2004123 Declaration of Edward E. Groves; Declaration of Marshall Silverberg; List of Exhibits; Exhibits 1-35; Certificate of Service (All of the Foregoing Relate to and are filed with the Memorandum of the United States in Opposition to Defendant Anthony A. Rutledge, Sr.'s Motion to Dismiss the Second Superseding Indictment Based Upon Prosecutorial Misconduct) [122-1] (sm) (Entered: 03/03/2004)
03/02/2004124 Declaration of Edward E. Groves; Declaration of Marshall Silverberg; List of Exhibits; Exhibits 1-35; Certificate of Service (All of the Foregoing Relate to and are filed with the Memorandum of the United States in Opposition to Defendant Anthony A. Rutledge, Sr.'s Motion to Dismiss the Second Superseding Indictment Based Upon Prosecutorial Misconduct) [122-1] (SEALED) (sm) (Entered: 03/03/2004)
03/02/2004125 Memorandum of the United States in Opposition to Defendant Anthony Rutledge's Motion to Dismiss the Second Superseding Indictment based upon Prosecutorial Misconduct [86-1] (sm) (Entered: 03/03/2004)
03/02/2004126 Memorandum of the United States in Opposition to Defendant Anthony Rutledge's Motion to Dismiss the Second Superseding Indictment based upon Prosecutorial Misconduct [86-1] (SEALED) (sm) (Entered: 03/03/2004)
03/03/2004127 CERTIFICATE of service by plaintiff USA (sm) (Entered: 03/04/2004)
03/05/2004129 ORDER by Judge David A. Ezra denying defendant Anthony Rutledge, Sr.'s objections to the Government's Filing of Grand Jury Materials for In Camera Review [115-1] (cc: all counsel) (sm) (Entered: 03/08/2004)
03/11/2004131 SUBMISSION of Original Signature of the "Memorandum of the United States in Response to the Defendant Anthony A. Rutledge, Sr.'s Objections to the Filing of Grand Jury Materials for In Camera Review" filed on March 2, 2004 by plaintiff USA of original signature(s) to response [118-1] (sm) (Entered: 03/12/2004)
03/19/2004135 ORDER by Judge David A. Ezra granting defendant Anthony Rutledge, Sr.'s Exparte Motion to Extend Deadline to File Reply Memorandum in Support of Defendant Anthony Rutledge's Motion to Dismiss First Superseding Indictment based upon Prosecutorial Misconduct, filed January 6, 2004 [132-2] (cc: all counsel) (sm) (Entered: 03/19/2004)
03/31/2004139 United States' MEMORANDUM in opposition to defendant Anthony A. Rutledge, Sr.'s motion to continue hearings on (1) motion to dismiss first superseding indictment based upon prosecutorial misconduct, filed January 6, 2004, (2) motion to sever, filed January 6, 2004, and (3) joint motion to suppress evidence and the tainted fruit thereof, filed January 6, 2004; certificate of service [138-1] (afc) (Entered: 04/01/2004)
03/31/2004140 United States' MEMORANDUM IN RESPONSE to defendant Anthony A. Rutledge, Sr.'s ex parte application to extend page limitation for the reply memorandum in support of defendant Anthony Rutledge's motion to dismiss first superseding indictment based upon prosecutorial misconduct; certificate of service [136-1] (afc) (Entered: 04/01/2004)
04/02/2004141 ORDER Granting Defendant Anthony A. Rutledge, Sr.'s Non-Hearing Motion to Continue Hearings on (1) Motion to Dismiss First Superceding Indictment Based Upon Prosecutorial Misconduct, Filed January 6, 2004, (2) Motion to Sever, Fild January 6, 2004, and (3) Joint Motion to Suppress Evidence and the Tainted Fruit Thereof, Filed January 6, 2004 by Judge David A. Ezra [138-1], motion by defendant Aaron A. Rutledge, defendant Anthony A. Rutledge Sr., defendant Star-Beach Inc. to dismiss first superseding indictment based upon prosecutorial misconduct lodged December 22, 2003 [86-1] ; motion hearing set for 9:00 5/20/04, motion to suppress evidence and the tainted fruit thereof lodged December 22, 2003 by defendant Aaron A. Rutledge, defendant Anthony A. Rutledge Sr., defendant Star-Beach Boys Inc. [85-1] ; hearing set for 9:00 5/20/04, motion to sever filed 22, 2003 by defendant Anthony A. Rutledge Sr. [84-1] ; motion hearing set for 9:00 5/20/04, motion to dismiss superseding indictment based upon prosecutorial misconduct by defendant Anthony A. Rutledge Sr. [83-1] ; motion set for 9:00 5/20/04, motion to sever by defendant Anthony A. Rutledge Sr. [82-1] ; motion hearing set for 9:00 5/20/04, motion to suppress evidence and the tainted fruit thereof by defendant Aaron A. Rutledge, defendant Anthony Rutledge Sr., defendant Star-Beach Boys Inc. [81-1] ; hearing set for 9:00 5/20/04 (gs) (Entered: 04/05/2004)
04/02/2004142 ORDER Granting In Part and Denying In Part United States' Motion to Strike Three of the Allegations Contained in Defendant Anthony Rutledge's Ex Parte Motion for An Order Requiring The United States to File Under Seal The Silverberg Declaration by Judge David A. Ezra [130-1] (gs) (Entered: 04/05/2004)
04/02/2004143 ORDER Granting Defendant Anthony A. Rutledge, Sr's Ex Parte Application to Extend Page Limitation for the Reply Memorandum in Support of Defendant Anythony Rutledge's Motion to Dimiss First Superceding Indictment Based Upon Prosecutorial Misconduct, filed January 6, 2004 by Judge David A. Ezra [136-1] (gs) (Entered: 04/05/2004)
04/02/2004144 EO: MINUTES: Continued : [Defendant Anthony Rutledge, Sr.'s Motion to Dismiss First Superseding Indictment Defendants' Joint Motion to Suppress Evidence Defendant Anthony Rutledge, Sr.'s Motion to Sever] from 04/14/2004 01:30:00 PM to 05/20/2004 09:00:00 AM before DAE [86-1], re [85-1], re [84-1], re [83-1], re [82-1], re [81-1] by Judge Ezra (gs) (Entered: 04/05/2004)
05/14/2004147 ORDER by Judge David A. Ezra granting defendant Anthony A. Rutledge, Sr.'s ExParte Application Leave to file a Memorandum in Opposition to United States' Motion to Strike: (1) Defendnt Anthony A. Rutledge's to Dismiss the Second Superseding Indictment Based Upon Prosecutorial Misconduct; (2) Rutledge's Memorandum Filed in Support of His Motion; (3) Rutledge's Reply Memorandum filed in Support of his Motion and for the Imposition of Sanctions Field April 5, 2004 [146-1] (cc: all counsel) (sm) (Entered: 05/17/2004)
05/18/2004150 Application of the United States for Leave to File Reply Memorandum in Support of its Motion to Strike: (1) Defendant Anthony Rutledge's Motion to Dismiss the Second Superseding Indictment; (2) Rutledge's Memorandum filed in Support of his Motion; and (3) Rutledge's Reply Memorandum Filed in Support of his Motion and for the Imposition of Sanctions; Declaration of Edward E. Groves; Exhibits 1-2; Certificate of Service; referred to Judge David A. Ezra (sm) (Entered: 05/19/2004)
05/19/2004151 Reply MEMORANDUM of the United States in support of its motion to strike: (1) Defendant Anthony A. Rutledge's motion to dismiss the second superseding indictment ; (2) Rutledge's memorandum filed in support of his motion; (3) Rutledge's reply memorandum filed in support of his motion; and for the impostion of sanctions; declaration of Edward Groves; exhibits 1-3; certificate of service [145-1] (sm) (Entered: 05/19/2004)
05/19/2004152 ORDER by Judge David A. Ezra granting United States Leave to File Reply Memorandum in Support of its Motion to Strike: (1) Defendant Anthony Rutledge's Motion to Dismiss the Second Superseding Indictment Based Upon Prosecutorial Misconduct; (2) Rutledge's Memorandum filed in Support of his Motion; and (3) Rutledge's Reply Memorandum Filed in Support of his Motion; and for the Imposition of Sanctions; [150-1] (cc: all counsel by mail and telephonically) (sm) (Entered: 05/19/2004)
05/20/2004153 EP Defendant Anthony Rutledge, Sr.'s Motion to Dismiss First Superseding Indictment. Defendants' Joint Motion to Suppress Evidence. Defendant Anthony Rutledge, Sr.'s Motion to Sever. United States' Motion to Strike: 1) Defendant Anthony Rutledge's Motion to Dismiss the Second Superseding Indictment Based Upon Prosecutorial Misconduct 2) Rutledge's Memorandum filed in Support of His Motion 3) Rutledge's Reply Memorandum filed in Support of His Motion; and for the Imposition of Sanctions Defendant Anthony Rutledge, Sr.'s present, not in custody. Defendant (01)Aaron A. Rutledge's presence is waived. Oral arguments heard. Defendant Anthony Rutledge, Sr.'s Motion to Dismiss First Superseding Indictment- TAKEN UNDER ADVISEMENT. Defendants' Joint Motion to Suppress Evidence- TAKEN UNDER ADVISEMENT. Defendant Anthony Rutledge, Sr.'s Motion to Sever- TAKEN UNDER ADVISEMENT. United States' Motion to Strike: 1) Defendant Anthony Rutledge's Motion to Dismiss the Second Superseding Indictment Based Upon Prosecutorial Misconduct- TAKEN UNDER ADVISEMENT. 2) Rutledge's Memorandum filed in Support of His Motion- TAKEN UNDER ADVISEMENT. 3) Rutledge's Reply Memorandum filed in Support of His Motion; and for the Imposition of Sanctions- TAKEN UNDER ADVISEMENT. Court to issue order. [145-1], [86-1], [83-1], [85-1], [81-1], [84-1], re [82-1] ( Ct Rptr : Cynthia Fazio) JUDGE Judge David A. Ezra (sm) (Entered: 05/21/2004)
06/25/2004157 NOTICE of hearing setting hearing on RE: CR NO. 02-00438DAE USA vs. (01) AARON A. RUTLEDGE USA vs. (02) ANTHONY A. RUTLEDGE, SR. Final Pretrial Conference set for 10:00 6/28/04, LEK is continued to 10:00 6/30/04, LEK. AUSA, Edward E. Groves Deft's Atty: (01) Michael Jay Green (02) Brian Sun Michael Rawitz, William McCorriston (eps) (Entered: 06/28/2004)
06/28/2004155 EX PARTE MOTION and Order by Judge Susan O. Mollway by plaintiff USA to shorten time for hearing declaration of Edward E. Groves; certificate of service (gab) (Entered: 06/28/2004)
06/28/2004156 Notice of Motion and MOTION to continue trial by USA as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. memorandum in support of motion; certificate of service; Motion hearing set for 06/30/04 @ 9:00 a.m. (DAE) (gab) (Entered: 06/28/2004)
06/30/2004160 EP: Final Pretrial Conference not held. Jeffrey Rawitz appeared for David Gierlach. Paul Wong appeared for Michael Jay Green. Defendants (01) Aaron A. Rutledge and (02) Anthony A. Rutledge, Sr., present, not in custody. Court's Entering Order: Atty Clare E. Connors is not to appear on behalf of the Justice Department. Representation by Atty Clare E. Connors made as to the extent of the legal work done on this case. Final Pretrial Conference to be re-set after Judge David Alan Ezra assigns a new trial date. : final pretrial conference held on 6/30/04 ; Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. Attorney David J. Gierlach, Jeffrey M. Rawitz, Paul Wong, Clare Conners, Edward E. Groves present ( Ct Rptr: FTR C7 CD21 11:27-11:29) by Judge Leslie Kobayashi (sm) (Entered: 06/30/2004)
06/30/2004161 ORDER by Judge David A. Ezra denying defendant Anthony Rutledge, Sr.'s motion to dismiss the second superseding indictment based upon prosecutorial misconduct; [145-1] (cc: all counsel) (sm) (Entered: 07/01/2004)
06/30/2004162 ORDER by Judge David A. Ezra denying defendants' motion to suppress evidence and the tainted fruit thereof [85-1] (cc: all counsel) (sm) (Entered: 07/01/2004)
06/30/2004163 ORDER by Judge David A. Ezra denying defendant Anthony Rutledge, Sr., motion to sever [84-1] (cc: all counsel) (sm) (Entered: 07/01/2004)
06/30/2004164 ORDER by Judge David A. Ezra denying United States' motion to strike (1) defendant Anthony A. Rutledge's motion to dismiss the second superseding indictment based upon prosecutorial misconduct; (2) Rutledge's memorandum filed in support of his motion to dismiss; (3) Rutledge's reply memorandum filed in support of his motion to dismiss; and for the impostion of sanctions [145-1] (cc: all counsel) (sm) (Entered: 07/01/2004)
07/01/2004165 SUBMISSION by plaintiff USA of original signature(s) to the ex parte motion by the United States to shorten time and the declaration of Edward E. Groves [155-2] filed on June 28, 2004 (bbb) (Entered: 07/02/2004)
07/01/2004166 SUBMISSION by plaintiff USA of original signature(s) to motion to continue trial; memorandum in support of motion [156-1] filed on June 28, 2004 (bbb) (Entered: 07/02/2004)
07/01/2004167 APPEAL Transcript Designation and Order form Cynthia Fazio for the dates of 01/30/2004 (bbb) (Entered: 07/02/2004)
07/12/2004169 EX PARTE MOTION for an Order Permitting Disclosure of Grand Jury and Related Materials to the State of Hawaii Office of Disciplinary Counsel and to Related Defendants; Proposed Order by Judge David A. Ezra by plaintiff USA (SEALED) (sm) Modified on 07/13/2004 (Entered: 07/13/2004)
07/15/2004  TRANSCRIPT of Proceedings - January 30, 2004 - ORIG - ( Cynthia Fazio ) - pp Government's Motion for An Inquiry into Conflicts of Interest Regarding Representation of Defendants Aaron A.Rutledge, Anthony A. Rutledge, Star-Beachboys (sm) (Entered: 07/15/2004)
07/15/2004  TRANSCRIPT of Proceedings - January 30, 2004 - ORIG - (Cynthia Fazio ) - pp SEALED HEARING ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. (SEALED) (sm) (Entered: 07/15/2004)
07/15/2004  TRANSCRIPT of Proceedings - June 30, 2004 - ORIG - ( Cynthia Fazio ) - pp United States Motion to Continue Trial ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., (sm) (Entered: 07/15/2004)
07/16/2004  TRANSCRIPT of Proceedings - November 12, 2004 - ORIG - ( Cynthia Fazio ) - pp Sealed Hearing ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., USA (sm) (Entered: 07/19/2004)
07/30/2004171 Memorandum of the United States in RESPONSE to Defendant Anthony Rutledge, Sr.'s Ex Parte Application to Unseal the Records and Files of 97-M-524 and 97-M-525; Certificate of Service [104-1] (sm) (Entered: 07/30/2004)
07/30/2004172 ORDER by Judge David A. Ezra granting Defendant Anthony A.Rutledge,Sr.'Ex Parte Application to Unseal the Records and Files of 97-M-524 and 97-M-525 [170-1] (cc: all counsel) (sm) (Entered: 08/03/2004)
09/01/2004173 EO: Status Conference set for 09/13/2004 09:45:00 AM before DAE : ; status hearing set for 9:45 9/13/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. by Judge David Ezra (sm) Modified on 09/03/2004 (Entered: 09/03/2004)
09/08/2004  FILING FEE PAID in the amount of $ 225.00, receipt # 224945 (sm) (Entered: 09/10/2004)
09/13/2004175 EO: Final Pretrial Conference set for 09/13/2004 10:00:00 AM before LEK is Vacated, to be reset.: by Judge Leslie Kobayashi (sm) (Entered: 09/14/2004)
09/14/2004177 EO:Status Conference regarding Attorney Respresentation and discussion of Trial Date of October 13, 2004 set for September 16, 2004 @l:30 p.m. before Judge Ezra. All Counsel notified of this Status Conference Date. : ; status hearing set for 1:30 9/16/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. by Judge David A. Ezra (sm) (Entered: 09/15/2004)
09/15/2004178 United States' Supplemental Pleading in Support of an Inquiry into Potential Conflicts of Interest Regarding Representation of Defendants Aaron A. Rutledge, Anthony A. Rutledge and Star-Beachboys, Incl' Exhibit A; Declaration of Edward E. Groves; Certificate of Service SEALEDi (sm) (Entered: 09/16/2004)
09/16/2004179 EP: Status Conference regarding Attorney Representation of Defendants (02) Aaron Rutledge and (03) Star-Beachboys, Inc.-Defendants' (01) Aaron Rutledge and (02) Anthony A Rutledge, Sr. Present not in Custody. Defendants' Counsel Victor Sherman and Robert Crudele for Brian Delima participated by Phone. Further Status Conference continued to October 05, 2004 @3:00 p.m. before this Court. Defendants' Counsel Brian Delima and Victor Sherman are to review all Discovery and Files in this case and be ready to certify to this Court on October 05, 2004 that they have reviewed all these Documents, and can be prepared for Jury Selection/Jury Trial on October 13, 2004. Mr. Groves stated for the record that no Final PreTrial Conference has been held in this case. Court stated for the record that the Jury Selection/Jury Trial will probably not take place on October 13, 2004 and a Trial Date will be discussed with Counsel on October 05, 2004. Counsel Victor Sherman and Brian Delima should be present in person for the October 05, 2004 hearing unless they are not going to be Counsel of Record. Then Counsel can participate by Phone. : ; status hearing set for 3:00 10/5/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. ; Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., Attorney Robert Crudele for Brian Delima, Special Appearance, Jeffrey M. Rawitz, Victor Sherman, Special Appearance, Edward E. Groves, Thomas J. Krysa and Agent Miki, FBI present ( Ct Rptr: Cynthia Fazio) by Judge David A. Ezra (sm) (Entered: 09/21/2004)
09/27/2004  TRANSCRIPT of Proceedings - Status Conference 9/13/04 - ORIG - ( Cynthia Tando Fazio ) - pp 33 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., USA (sm) (Entered: 09/29/2004)
09/27/2004  TRANSCRIPT of Proceedings - 9/16/04 Status Conference Regarding Attonrey Representation and Discussion of Trial Date of 10/13/04 ORIG - ( Cynthia Tando Fazio ) - pp 39 ; as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., USA (sm) (Entered: 09/29/2004)
09/28/2004180 ORDER Granting Defendant Aaron A.Rutledge's Oral Motion to Permit Travel - defendant allowed to travel to Japan on 9/25/04 and return on or about 10/5/04. Mr. Rutledge's passport for the purpose of travel to be returned to U. S. Pretrial Services upon return to Hawaii by Judge David A. Ezra (sm) (Entered: 10/01/2004)
10/05/2004184 EP:: Continued Status Conference regarding Attorney Representation of Defendants (01) Aaron A. Rutledge and (03) Star-Beachboys, Inc. and discussion of Trial Date of October 13, 2004. Continued Status Conference held. Dates given: Motions due: 11/15/2004 Responses due: 11/29/2004 Pretrial questionnaire questions due: 11/15/2004 FPT: 12/6/2004 @2:30pmLEK Motions hearing date: 12/6/2004 @9:00amDAE : ; final pretrial conf set for 2:30 12/6/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. ; in-court hearing set for 9:00 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. ; Mike Seabright, Brian Boyle, Victor Sherman, Jeffrey Rawitz, Paul Wong, Brian Delima present ( Ct Rptr: Cynthia Fazio) by Judge David A. Ezra (sm) (Entered: 10/07/2004)
10/06/2004183 EO:Final Pretrial Conference set for 12/06/2004 02:30:00 PM before LEK: ; final pretrial conf set for 2:30 12/6/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. by Judge Kobayashi (sm) (Entered: 10/07/2004)
10/13/2004185 EO: MINUTES: Trial date has been continued from 7/27/2004 to 10/13/2004. Time excluded from 7/27/04 thru 10/13 /04 from the requirements of the Speedy Trial Act by Judge David Alan Ezra (eps) (Entered: 10/13/2004)
10/15/2004186 Notice of Motion and MOTION for an evidentiary hearing regarding reciprocal discovery under Fed. R. Crim. P. 16(b)(1); ; memorandum in support of motion; certificate of service; Motion hearing set for 11/16/04 at 10:00 BMK (sm) (Entered: 10/18/2004)
10/19/2004187 SUBMISSION by plaintiff USA of original signature o the "Declaration of Edward E. Groves" included in the ExParte Motion by the United States to Shorten Time filed on October 14, 2004 (sm) (Entered: 10/21/2004)
10/19/2004  TRANSCRIPT of Proceedings - 10/5/04; Status Conference Regarding Representation of Defendants and Discussion of Trial Dates of October 13, 2004- ORIG - ( Cynthia Fazio ) - pp 37 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., USA (sm) (Entered: 10/21/2004)
10/20/2004188 STIPULATION to permit travel for defendant Aaron A. Rutledge; exhibit A; Order- defendant permitted to travel between Hawaii and Las Vegas from 10/17/04 thru 10/24/04 by Judge David A. Ezra (sm) (Entered: 10/22/2004)
10/20/2004189 EX PARTE MOTION by the United States to Shorten Time; Declaration of Edward E. Groves; Order Granting ExParte Motion to Shorten Time; Certificate of Service by Judge David A. Ezra (sm) (Entered: 10/22/2004)
10/20/2004190 Notice of Motion and United States' MOTION to continue trial; Memornadum in Support of Motion; Certificate of Service; Motion hearing set for 11/2/04 at 9:00 DAE (sm) (Entered: 10/22/2004)
10/21/2004191 Notice of Motion; United States' MOTION in limine to preclude defendants from introducting evidence or otherwise mentioning possible punishment; memorandum in support of motion in limine to preclude defendants from introducing evidence or otherwise mentioning possible punishment; certificate of service by USA as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. Motion hearing set for 12/6/04 9:00 before Judge Ezra (sm) (Entered: 10/25/2004)
11/01/2004197 EO: United States' Motion To Continue Trial set for 11/2/04 09:00 AM before DAE -WITHDRAWN BY COUNSEL; withdrawing motion to continue trial; [190-1] by Judge David A. Ezra (sm) (Entered: 11/17/2004)
11/01/2004194 Notice of Motion and United States' MOTION in limine to preclude defendants from introducing evidence concerning or otherwise mentioning allegations of prosecutorial misconduct or bias; memorandum in support; certificate of service as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. Motion hearing set for 12/6/04 at 9:00 before Judge David Ezra (sm) (Entered: 11/03/2004)
11/01/2004195 United States Reply Memorandum and Withdrawal of Motion to Continue Trial; Declaration of Edward E. Groves; Certificate of Service [190-1] (sm) (Entered: 11/03/2004)
11/05/2004198 ORDER Continuing Trial Date and Tolling Time Under the Speedy Trial Act From July 27, 2004, to October 13, 2004 by Judge David A. Ezra pd from 7/27/04 thru 10/13/04 is excluded purs 18:3161 (cc: all counsel) (sm) (Entered: 11/08/2004)
11/05/2004199 ORDER Continuing Trial Date and Tolling Time Under the Speedy Trial Act From October 13, 2004, to January 4, 2005 by Judge David A. Ezra ; jury trial set for 9:00 1/4/05 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. ; pretrial conference set for 2:30 12/6/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. , pd from 10/13/04 thru 1/4/05 excluded purs to 18:3161 (sm) (Entered: 11/08/2004)
11/08/2004200 EO: The hearing date for the United States of America's Motion for Evidentiary Hearing Regarding Reciprocal Discovery has been changed from 11/16/2004 10:00amBMK to 11/15/2004 09:45am before DAE Reply due: 11/10/04 at 12 noon. Response due: 11/12/04 @12 noon. There will also be a status conference held at this time. All counsel notified by fax. motion for an evidentiary hearing regarding reciprocal discovery under Fed. R. Crim. P. 16(b)(1); [186-1] ; motion hearing set for 9:45 11/15/04 by Judge David Ezra (sm) (Entered: 11/09/2004)
11/12/2004204 NOTICE OF JOINDER by defendant Star-Beach Boys Inc. in defendant Aaron Rutledge's memorandum in opposition to the United States' motion for an evidentiary hearing regarding reciprocal discovery under Fed. R. Crim. P. 16(b)(1); declaration of Brian J. DeLima; certificate of service [186-1] [201-1] (afc) (Entered: 11/15/2004)
11/15/2004206 Notice of Motion and MOTION in limine to preclude defendants from introducing evidence concerning a defense of duress by USA as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. ; memorandum in support; declaration of Edward E Groves; certificate of service - Motion hearing set for 12/6/04 @ 9 DAE (eps) (Entered: 11/16/2004)
11/15/2004202 EX PARTE and IN CAMERA SUBMISSION of grand jury material relating to defendant's request for Brady Materials; exhibits a & b; declaration of Edward E Groves by USA - SEALED (eps) (Entered: 11/15/2004)
11/15/2004205 EP: MINUTES: United States of America's Motion for Evidentiary Hearing Regarding Reciprocal Discovery. Status Conference. United States of America's Motion for Evidentiary Hearing Regarding Reciprocal Discovery- TAKEN UNDER ADVISEMENT. -Defendants' counsel to provide to court, opposing counsel, a complete and detailed list of every document turned over to counsel. -All counsel to turn over to the Court under seal, a definitive list of documents that have not been turned over to opposing and co-counsel. Status Conference held. Order to be prepared by the Government ; [186-1] ; Attorney Jeffrey M Rawitz for Victor Sherman, Jeffrey M. Rawitz, Brian S. Sun, Brian J. De Lima, Paul Wong, Edward E. Groves present ( Ct Rptr: Kupono ESR 9:45-10:45) by Judge David Alan Ezra (eps) (Entered: 11/16/2004)
11/18/2004209 United States'MEMORANDUM in opposition to defendants Aaron A. Rutledge, Anthony A. Rutledge's Joint Motion for Sanctions; Exhibit 1; Declaration of Edward E. Groves; Certificate of Service [207-1] by plaintiff USA (sm) (Entered: 11/19/2004)
11/29/2004210 WITHDRAWAL, SUBSTITUTION and ORDER: Attorney Brian De Lima replacing Attorney Michael Green for defendant Aaron Rutledge by Judge Barry Kurren (sm) (Entered: 12/01/2004)
11/29/2004211 MEMORANDUM in opposition to defendant Anthony Rutledge, Sr.'s motion in limine to exclude evidence and argument on certain issues; certificate of service [203-1] by plaintiff United States (sm) (Entered: 12/01/2004)
12/02/2004221 EP: THIRD SUPERSEDING INDICTMENT by USA; naming Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. counts filed against Aaron A. Rutledge (1) count(s) 1sss, 2sss, 3sss-4sss, 7sss, 8sss, 13sss, Anthony A. Rutledge (2) count(s) 1s, 2s, 3s-4s, 5s-6s, 9s, 11s, 12s, 13s, Star-Beach Boys Inc. (3) count(s) 1s, 10s ordered ( Marjann Shawler) by Mag Judge Leslie Kobayashi (SEALED) (sealed) Modified on 12/16/2004 (Entered: 12/07/2004)
12/03/2004222 Application for Permission for Victor Sherman to Appear Pro Hac Vice; Declaration of Dennis E. W. O'Connor; Exhibits A-B; Order Granting Application for Permission for Victor Sherman to Appear Pro Hac Vice; Certificate of Service by Mag Judge Leslie E. Kobayashi by defendant Star-Beach Boys Inc. for attorney Victor Sherman to appear pro hac vice (sealed) (Entered: 12/08/2004)
12/03/2004  FILING FEE PAID in the amount of $ 225.00, receipt # 226577 for Pro Hac Vice fee for Victor Sherman (sealed) (Entered: 12/08/2004)
12/06/2004223 EP: MINUTES: United States' Motion In Limine. Anthony A Rutledge, Sr.'s Motion in Limine. Defendant (01) Aaron Rutledge's Joinder in Defendant (02) Anthony A. Rutledge, Sr.'s Motion in Limine to Exclude Evidence and Argument on Certain Issues filed on November 15, 2004. Defendants Aaron Rutledge and Anthony Rutledge's Joint Motion for Sanctions. Defendant (01) Aaron A. Rutledge present, not in custody. Defendant (02) Anthony A. Rutledge, Sr. aka "Tony" Rutledge present, not in custody. United States' Motion In Limine- TAKEN UNDER ADVISEMENT. Anthony A Rutledge, Sr.'s Motion in Limine- TAKEN UNDER ADVISEMENT. Defendants Aaron Rutledge and Anthony Rutledge's Joint Motion for Sanctions- TAKEN UNDER ADVISEMENT. Court to issue order. Discussion of jury questionaire questions held. Counsel's joint oral request to continue trial date-GRANTED. Trial continued from 1/4/2005 to 1/11/2005 @900amDAE. Time to be excluded from 1/4/2005 to 1/11/2005. Mr. Groves to prepare order. Edward E. Groves (01) Brian De Lima (02) Jeffrey Rawitz, Paul Wong (03)Victor Sherman(Jeffrey Rawitz appearing on Mr. Sherman's behalf and via telephone) :taking under advisement on the motion for sanctions by defendant Aaron A. Rutledge, defendant Anthony A. Rutledge Sr. [207-1], taking under advisement on the motion in limine to exclude evidence and argument on issues by defendant Anthony A. Rutledge Sr. [203-1], taking under advisement on the motion in limine to preclude defendants from introducing evidence concerning a defense duress by USA as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. [206-1], taking under advisement on the motion in limine to preclude defendants from introducing evidence concerning or otherwise mentioning allegations of prosecutorial misconduct or bias; memorandum in support; certificate of service as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. [194-1], taking under advisement on the motion in limine to preclude defendants from introducting evidence or otherwise mentioning possible punishment; memorandum in support of motion in limine to preclude defendants from introducing evidence or otherwise mentioning possible punishment; certificate of service by USA as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. [191-1] ; jury trial set for 9:00 1/11/05 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. , ; Aaron A. Rutledge not present, Anthony A. Rutledge Sr. ( Ct Rptr: Cynthia Fazio) by Judge David Ezra (sealed) (Entered: 12/09/2004)
12/06/2004224 EP: MINUTES:CRIMINAL FINAL PRETRIAL CONFERENCE held. Defendants not present, presence waived. Jury Trial before Judge David Alan Ezra on January 11, 2005 at 9:00.a.m.. Representations by counsel on trial time: The United States: 10 trial day(s) Defendants: 5 trial day(s) Regarding Fed. R. Crim. P. 16(a) (1) (C) (E) disclosures: No Court ruling on Rule 16 Disclosures. Defense will have an expert witness: Steven Hawkins (tax exert). Vitae to be provided by 12/10/04. 1. Fed. R. Evid. 404(b) : December 15, 2004 2. a. Motions in Limine filed and served by :December 22, 2004. b. Memoranda in opposition to motions in limine filed and served by: December 27, 2004. 3. Regarding Brady and Giglio Material : Brady Motions heard. Trial Judge has ruled, parties to act consistent with Trial Judge's ruling. 4. a. Jury Instructions exchanged by December 22, 2004. d. Filings required by 4(b) & (c) by: December 29, 2004. 5. Witness Lists per stipulation by December 13, 2004 by 4:00 p.m. If there are any witnesses which the Govt or the Defense feels may be subject to witness intimidation or prejudice, the parties are to indicate the number of witnesses in their lists. The names of those witnesses with a declaration indicating a specific reason why those names should remain confidential are to submitted in an in camera submission to Judge David Alan Ezra. Notice of the in camera submission to be provided to the opposing side. 6. Exhibits a. Parties will exchange exhibits. b. Original exhibits tabbed and in folders/binders, copy in folders/binders. 7. Stipulations: In writing and filed by December 29, 2004. 8. Voir Dire Questions: In writing by December 29, 2004. 9. Trial Briefs: by December 29, 2004. 10. Jencks Disclosures: Pursuant to Judge David Alan Ezra's Order. 11. Other Matters: Anything that this Court has Ordered is not meant to contradict anything that Judge David Alan Ezra has Ordered previously. Any request for clarification is to be submitted to Judge Ezra. A copy of the CR Final Pretrial Conference Order mailed to all parties. 12. N/A final pretrial conference held on 12/6/04 ; Attorney Jeffrey M. Rawitz, Jeffrey Rawitz for Victor Sherman, Brian J. De Lima, Edward E. Groves present ( Ct Rptr: FTR C7 2:34-3:05) by Judge Leslie Kobayashi (sealed) (Entered: 12/10/2004)
12/08/2004  TRANSCRIPT of Proceedings - 11/15/04 - ORIG - ( ESR (Juvelynn Punzal) ) - pp 40 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., USA (sealed) (Entered: 12/10/2004)
12/08/2004225 Report of Final Pretrial Conference, Minutes and Order as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. by Judge David A. Ezra (sealed) (Entered: 12/10/2004)
12/08/2004226 ORDER To Make Transcripts of Hearing, and Make Such Transcript Available to Defendants by Judge David A. Ezra (cc: all counsel) (sealed) (Entered: 12/10/2004)
12/09/2004230 ORDER continuing trial date and tolling time under the speedy trial act from January 4, 2005 to January 11, 2005 by Judge David A. Ezra ; jury trial set for 9:00 1/11/05; status hearing set for 9:00 1/3/05 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. , time excluded between 01/04/2005 thru 01/11/2005 (sealed) (Entered: 12/13/2004)
12/09/2004231 ORDER by Judge David A. Ezra denying the United States's motion for an evidentiary hearing; Order establishing procedures and deadlines for documenting rule 16 discovery and submitting Jencks Act materials Fed. R. Crim. P. 16(b)(1); [186-1] (cc: all counsel) (sealed) (Entered: 12/14/2004)
12/10/2004227 EX PARTE APPLICATION by USA for post indictment restraining order; attachments a & b; declaration of Special Agent Gregory T Miki; exhibits 1-12; (Vol I of II); exhibits 13-25 (Vol II of II) - SEALED (sealed) Modified on 12/10/2004 (Entered: 12/10/2004)
12/10/2004228 EX PARTE APPLICATION for post indictment restraining order; attachments a & b; declaration of Special Agent Gregory T Miki; EXHIBITS 13-25 (Vol II of II) on behalf of USA [227-1] - SEALED (sealed) (Entered: 12/10/2004)
12/10/2004229 EX PARTE Post-Indictment Restraining Order by Judge Samuel P King for Chief Judge David A. Ezra by USA - SEALED (sealed) (Entered: 12/10/2004)
12/10/2004234 ORDER by Judge David A. Ezra denying defendants' Aaron Rutledge and Anthony Rutledge's Joint Motion for Sanctions [207-1] (cc: all counsel) (sealed) (Entered: 12/15/2004)
12/13/2004  TRANSCRIPT of Proceedings - 12/6/04 - ORIG - ( ESR (Juvelynn Punzal-Transcriber ) - pp 34 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., USA (sealed) (Entered: 12/15/2004)
12/13/2004235 United States' List of Potential Trial Witnesses; Certificate of Service (sealed) (Entered: 12/15/2004)
12/14/2004232 EX PARTE APPLICATION to require Jones Day Law Firm to immediately retain all files and communications pertaining to Anthony A Rutledge Sr and Unity House, Inc until further order of the court and Proposed Order by USA - SEALED (sealed) (Entered: 12/14/2004)
12/14/2004233 EX PARTE APPLICATION to unseal post-indictment restraining order dated December 10, 2004, application, and attachments A&B; and PROPOSED Order by USA - SEALED (sealed) (Entered: 12/14/2004)
12/14/2004  TRANSCRIPT of Proceedings - December 6, 2004 - ORIG - ( Cynthia Tando Fazio ) - pp 60 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., USA (sealed) (Entered: 12/15/2004)
12/14/2004237 Supplement to APPLICATION for Permission for Victor Sherman to Appear Pro Hac Vice; Declaration of Victor Sherman; Certificate of Service by defendant Star-Beach Boys Inc. (sealed) (Entered: 12/15/2004)
12/14/2004238 ORDER Unsealing Post-Indictment Restraining Order Dated December 10, 2004, Application, and Attachment A & B by Judge Samuel P. King (sealed) (Entered: 12/15/2004)
12/14/2004239 ORDER Requiring Jones Day Law Firm to Immediately Account for Retain All Files and Communications Pertaining to Anthony A. Rutledge, Sr. and Unity House, Inc. until Further Order of the Court by Judge Samuel P. King (sealed) (Entered: 12/15/2004)
12/15/2004254 EP: MINUTES: : Status Conference. All Counsel participated by phone. All defendants' presence are waived. Status conference held. status hearing held on 12/15/04 ; Attorney Victor Sherman, Paul B.K. Wong, Jeffrey M. Brian J. De Lima, Edward E. Groves, Brian Boyle present ( Ct Rptr: Cynthia Fazio) by Judge David Ezra (sm) (Entered: 12/28/2004)
12/16/2004240 ORDER Unsealing Docket for Cr. No. 02-00438 DAE-BMK Except for Third Superseding Indictment and Pleadings Not Otherwise Unsealed by the Court by Judge Samuel P. King for Judge David Ezra case unsealed (sealed) (Entered: 12/16/2004)
12/16/2004241 United States' Ex Parte Application to Authorize Certain Redactions to the Sealed Third Superseding Indictment and Thereafter Unseal the Attached Redacted Version for Arraignment and Plea; Exhibit 1; Proposed Order - referred to Judge Samuel King for Judge David A. Ezra SEALED (sm) (Entered: 12/16/2004)
12/16/2004242 ORDER Authorizing Certain Redactions to the Sealed Third Superseding Indictment and Unsealing Redacated Third Superseding Indictment for Arraignment and Plea by Judge David A. Ezra [241-1] (sm) (Entered: 12/16/2004)
12/16/2004243 THIRD SUPERSEDING INDICTMENT (REDACTED VERSION) by plaintiff USA [221-1] (sm) (Entered: 12/16/2004)
12/16/2004  TRANSCRIPT of Proceedings - 12/6/04 - ORIG - ( ESR Jessica Cahill ) - pp 32 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., USA (sm) (Entered: 12/16/2004)
12/16/2004244 NOTICE of hearing setting hearing on A & P as to the Third Superseding Indictment set for 11:30 12/20/04, LEK AUSA, Edward E. Groves Defts' Attys (01) Brian DeLima (02) William McCorriston; arraignment set for 11:30 12/20/04 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. by Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. before Judge Leslie Kobayashi (sm) (Entered: 12/16/2004)
12/20/2004246  Application to Extend Post-Indictment Restraining Order for Good Cause; Proposed Order; Certificate of Service - by USA - referred to Judge Samuel King (sm) (Entered: 12/21/2004)
12/20/2004247 United States' Opposition to Motion to Dissolve Post- Indictment Restraining Order; Tables of Contents and Authorities; Certificate of Service [245-1] by plaintiff USA (sm) (Entered: 12/21/2004)
12/20/2004248 EX PARTE Petition of the United States for a Court Order Allowing it to Redact Grand Jury Materials and Related Information from the Declaration of Special Agent Gregory T. Miki and Exhibits Attached to United States Ex-Parte Application for Post-Indictment Restraining Order Filed on December 10, 2004; Exhibits 1 & 2 - referred to Judge David Ezra (SEALED) (sm) (Entered: 12/21/2004)
12/20/2004249 Notice of Motion and United States' MOTION to modify defendants' conditions of pre-trial release; memorandum in support; certificate of service by USA as to Anthony A. Rutledge Sr., Star-Beach Boys Inc. Motion hearing set for 12/20/04 at 11:30 before Judge Leslie Kobayashi (sm) (Entered: 12/21/2004)
12/20/2004  FILING FEE PAID in the amount of $ 225.00, receipt # 226870 pro hav vice fee for John D. Cline (sm) (Entered: 12/21/2004)
12/20/2004251 EP: MINUTES:A & P as to the Third Superseding Indictment - Defendants (01) Aaron A. Rutledge and (02) Anthony A. Rutledge, Sr. present, not in custody. Atty Jeffrey Rawitz appeared for Atty Victor Sherman. Charges received. Defendants waive public reading of the Third Superseding Indictment. Pleas of Not Guilty entered. Jury Selection/Trial currently set for 9:00 1/11/05, DAE. All other deadlines are as given in the CR Final Pretrial Conference Order already issued. Regarding the redacted Indictment, if the Defendants are seeking an un-redacted copy of the Third Superseding Indictment, the Defendants are to make that request to Judge David Alan Ezra. If there is a specific Order which the Defendant feel they have not been informed about, the Govt is to either point it out in the docket to the Defendants or provide them with a copy if it is not sealed. Government's Motion to Modify Defendants' Conditions of Pretrial Release set for 2:00 12/30/04, LEK. Opposition is due 12/28/04. dft Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. arraignment waived; plea of NOT GUILTY entered; , ; jury trial set for 9:00 1/11/05 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. , ; in-court hearing set for 2:00 12/30/04 for Aaron A. Rutledge, for Anthony A. Sr., for Star-Beach Boys Inc. ; Aaron A. Rutledge, Anthony A. Rutledge Sr. Attorney Jeffrey Rawitz appearing for Victor Sherman, Paul B.K. Wong, Jeffrey M. Rawitz, Brian S. Sun, Brian J. De Lima, Edward E. Groves Patrick Murphy present ( Ct Rptr: FTR C7 11:38-11:46) by Judge Leslie Kobayashi (sm) (Entered: 12/21/2004)
12/20/2004252 ORDER Extending Post-Indictment Restraining Order for Cause for an Additional Ten Business Day by Judge Samuel P. King [246-1] (cc: all counsel) (sm) (Entered: 12/22/2004)
12/20/2004255 EP: MINUTES:setting hearing on motion to dissolve ex parte post-indictment restraining order or, in the alternative, for an evidentiary hearing; by defendant Anthony A. Rutledge Sr. [245-1] 9:00 1/11/05 granting order [246-1] ; Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., Defendant Anthony A. Rutledge, Sr.'s Motion to Dissolve Ex Parte Post-Indictment Restraining Order or, in the Alternative, for an Evidentiary Hearing. Governments' Application to Extend Post-Indictment Restraining Order for Good Cause. Defendant (01) Aaron A. Rutledge present, not in custody. Defendant (02) Anthony A. Rutledge, Sr. aka "Tony" Rutledge present, not in custody. Attorney Brook Hart present. Arguments heard. Governments' Application to Extend Post-Indictment Restraining Order for Good Cause-GRANTED. Court finds good cause for an extension in the Post-Indictment Restraining Order for an additional 10 business days(on or about 1/11/2005). Defendant Anthony A. Rutledge, Sr.'s Motion to Dissolve Ex Parte Post-Indictment Restraining Order or, in the Alternative, for an Evidentiary Hearing-CONTINUED to 1/11/2005 @9:00amDAE. Edward E. Groves Patrick Murphy (01) Brian De Lima (02) Jeffrey Rawitz Brian Sun John Cline present; present ( Ct Rptr: Debra Chun) by Judge Samuel P. King (sm) (Entered: 12/28/2004)
12/21/2004253 Order Provisionally Granting Ex Parte Petition of the United States for a Court Order Allowing it to Redact Grand Jury materials and Related Information from the Declaration of Special Agent Gregory T. Miki and Exhibits Attached to United States' Ex Parte Application for Post- Indictment Restraining Order Filed on December 10, 2004 by Judge David A. Ezra granting order [248-1] - (cc: all counsel) (sm) (Entered: 12/22/2004)
12/22/2004  TRANSCRIPT of Proceedings - December 15, 2004 - ORIG - ( Cynthia Tando Fazio ) - pp 29 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., USA (sm) (Entered: 12/22/2004)
12/22/2004256 Request to File Under Seal Ex Parte Application on Behalf of Interested Parties Jones Day and Jeffrey Rawitz for Order Requiring Government Motion re disqualification to be filed and kept under seal until further order of court; certificate of service; referred to Mag Judge Leslie E. Kobayashi (sm) Modified on 12/28/2004 (Entered: 12/28/2004)
12/23/2004257 Exparte Application on Behalf of Interested Parties Jones Day and Jeffrey Rawitz for Order Requiring Government Motion [256-1] re Disqualification to Be filed and Kept Under Seal Until Further Order of Court; Memorandum of Points and Authorities; Declaration of Kenneth A. Remson; Exhibit 1; (Proposed) Order on Ex Parte Application on Behalf of Interested Parties Jones Day and Jeffrey Rawitz for Order Requiring Government Motion Re Disqualification to be Filed and Kept Under Seal Until Further Order of Court; Certificate of Service by Judge Leslie Kobayashi SEALED (sm) (Entered: 12/28/2004)
12/23/2004258 EO: MINUTES: : All pretrial deadlines and dates stayed pending further notification by Court. All counsel notified by fax. by Judge David Ezra (sm) (Entered: 12/28/2004)
12/23/2004259 Notice of Motion and United States' MOTION for an inquiry into conflicts of interest regarding Jones Day Law Firm and seeking in camera inspection of material subject to court order dated December 14, 2004; memorandum in support; exhibits 1-6; declaration of Edward E. Groves; Certificate of Service; Motion hearing set for 1/11/05 at 9:00 before Judge David Ezra (SEALED) (sm) (Entered: 12/28/2004)
12/23/2004260 United States'EX PARTE Application to Unseal Redacted Declaration of Special Agent Gregory Miki Filed in Support of Ex Parte Post-Indictment Restraining Order; Exhibit 1; Proposed Order; Hearing set 1/11/05 at 9:00 before Judge David A. Ezra (SEALED) (sm) (Entered: 12/28/2004)
12/23/2004261 Notice of Motion; Pretrial Release; United States' MOTION to stay proceedings pending outcome of conflict of interest motion and/or continued trial; as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc.; memorandum in support; certificate of service Motion hearing set for 1/3/05 9:00 before Judge Ezra (sm) (Entered: 12/28/2004)
12/23/2004  TRANSCRIPT of Proceedings - December 20, 2004 - ORIG - ( Debra Chun ) - pp 36 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., USA (sm) (Entered: 12/28/2004)
12/28/2004266 NOTICE of hearing setting hearing on United States' Motion to Modify Defendants' Conditions of Pretrial Release set for 2:00 12/30/04 is moved up to 10:30 12/30/04, LEK AUSA, Edward E. Groves Defts' Attys, (01) Brian Delima (02) Jeffrey Rawitz Brian A. Sun Paul A. Wong (03) Victor Sherman [249-1] before Judge Kobayashi (sm) (Entered: 12/29/2004)
12/29/2004268 EO: MINUTES: United States' Motion to Stay Proceedings Pending Outcome of Conflict of Interest Motion and/or Continue Trial Status Conference The time for these matters have been changed to 1:30PM before DAE on 1/3/2005. cc: All counsel via fax : setting hearing on motion to stay proceedings pending outcome of conflict of interest motion and/or continued trial; as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc.; [261-1] by Judge David Ezra (sm) (Entered: 12/29/2004)
12/29/2004269 EO: MINUTES: Defendant Anthony A. Rutledge, Sr.'s Motion to Compel Production of Miki declaration This matter has been added to the calendar for 01/03/2005 01:30:00 PM before DAE setting hearing on motion to compel production of Miki Declaration in Support of ExParte Application for Post-Indictment Restraining Order and Accompanying by Anthony A. Rutledge Sr. [267-1] by Judge Ezra (sm) (Entered: 12/29/2004)
12/29/2004270 Order Directing Counsels' Appearance - all counsel shall be present in person at the status conference and hearing on 1/3/05 at 1:30 before Judge Ezra by Judge David A. Ezra (cc: all counsel) (sm) (Entered: 12/29/2004)
12/30/2004271 EP: MINUTES: United States' Motion to Modify Defendants' Conditions of Pretrial Release - Defendants (01) Aaron A. Rutledge and (02) Anthony A Rutledge, Sr. present, not in custody. Arguments heard. Motion Granted in Part and terminated. Court Orders that Defendant (01) Aaron A. Rutledge's conditions of release be Amended as follows: ADD: (7a1) Execute a bond in the amount of $500,000, secured by a Security Mortgage on the following property: a property or properties agreed upon by the government. $500,000 Bond applies to both Defendants (01) Aaron A. Rutledge and (02) Anthony A Rutledge, Sr. The defendant is released forthwith prior to the posting of surety. A Status Hearing will be scheduled to verify that this condition has been satisfied. In the event surety is posted prior to the hearing date, the Court directs defense counsel to contact the courtroom manager to cancel the hearing. The Status Hearing to be held: In approximately one month set for: set for 10:30 a.m. 02/01/05, LEK. Other Conditions: Participate in and fully comply with the requirements of the passive Global Positioning Satellite (GPS) remote location monitoring program under the direction of Pretrial Services. This includes maintaining the portable tracking unit on, or in close proximity to, your person at all times while away from your residence. While in the residence, you will place the portable tracking unit in the powered-up base station immediately upon return to your residence and at all times while in your residence. All movement will be tracked and stored as an official record and you will not enter any areas that are defined by Pretrial Services as off-limits. Off-limits areas are the airport and Unity House. (7y) You must contribute toward the costs of the services required by this bond, to the extent you are financially able to do so, as determined by Pretrial Services. You will pay the costs of the GPS monitoring in full, with payment to be made every two weeks or as otherwise directed by Pretrial Services. You may be financially responsible for the cost of repairing or replacing the GPS Equipment if it is damaged, lost, or stolen. Other Conditions: Comply with the Court-ordered restraining Order and any extensions or modifications thereof. Defendant (01) Aaron A. Rutledge is referred to the Clerk's Office for processing. Court Orders that Defendant (02) Anthony A Rutledge, Sr.'s conditions of release be Amended as follows: ADD: (7a1) Execute a bond in the amount of $500,000, secured by a Security Mortgage on the following property: a property or properties agreed upon by the government. $500,000 Bond applies to both Defendants (01) Aaron A. Rutledge and (02) Anthony A Rutledge, Sr. The defendant is released forthwith prior to the posting of surety. A Status Hearing will be scheduled to verify that this condition has been satisfied. In the event surety is posted prior to the hearing date, the Court directs defense counsel to contact the courtroom manager to cancel the hearing. The Status Hearing to be held: In approximately one month set for: set for 10:30 a.m. 02/01/05, LEK. Other Conditions: Participate in and fully comply with the requirements of the passive Global Positioning Satellite (GPS) remote location monitoring program under the direction of Pretrial Services. This includes maintaining the portable tracking unit on, or in close proximity to, your person at all times while away from your residence. While in the residence, you will place the portable tracking unit in the powered-up base station immediately upon return to your residence and at all times while in your residence. All movement will be tracked and stored as an official record and you will not enter any areas that are defined by Pretrial Services as off-limits. Off-limits areas are the airport and Unity House. (7y) You must contribute toward the costs of the services required by this bond, to the extent you are financially able to do so, as determined by Pretrial Services. You will pay the costs of the GPS monitoring in full, with payment to be made every two weeks or as otherwise directed by Pretrial Services. You may be financially responsible for the cost of repairing or replacing the GPS Equipment if it is damaged, lost, or stolen. Other Conditions: Comply with the Court-ordered restraining Order and any extensions or modifications thereof. Defendant (02) Anthony A Rutledge, Sr. is referred to the Clerk's Office for Processing. :granting motion to modify defendants' conditions of pre-trial release; memorandum in support; certificate of service by USA as to Anthony A. Rutledge Star-Beach Boys Inc. [249-1] ; status hearing set for 2/1/05 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. ; Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. Attorney Paul B.K. Brian J. De Lima, Jeffrey Rawitz, Edward E. Groves present ( Ct Rptr: FTR C7 10:34-11:14) by Judge Leslie Kobayashi (sm) (Entered: 01/03/2005)
01/03/2005274 Amended DECLARATION of Jeffrey C. Eglash and Maggie M. Goodrich Re: Application for Admission Pro Hac Vice of Jan L. Handzlik, Jeffrey C. Eglash and Maggie M. Goodrich dated December 30, 2004 by attorneys for Interested Parties Jones Day and Jeffrey M. Rawitz, Esq. (sm) (Entered: 01/03/2005)
01/03/2005  FILING FEE PAID in the amount of $ 225.00, receipt # 226997 for pro hac vice for Jan L. Hanzlik (sm) (Entered: 01/03/2005)
01/03/2005  FILING FEE PAID in the amount of $ 225.00, receipt # 226998 for pro hac vice for Jeffrey C. Eglash (sm) (Entered: 01/03/2005)
01/03/2005  FILING FEE PAID in the amount of $ 225.00, receipt # 226999 pro hav vice for Maggie Goorich (sm) (Entered: 01/03/2005)
01/03/2005278 EP: MINUTES : United States' Motion to Stay Proceedings Pending Outcome of Conflict of Interest Motion and/or Continue Trial. Defendant Anthony A. Rutledge, Sr.'s Motion to Compel Production of Miki declaration. Status Conference. Defendant (01)Aaron Rutledge present, not in custody. Defendant (02)Anthony A. Rutledge, Sr. aka "Tony" Rutledge present, not in custody. Governments' Oral Motion for Preliminary Injunction-GRANTED. Written motion to be served upon opposing counsel immediately. United States' Motion to Stay Proceedings Pending Outcome of Conflict of Interest Motion and/or Continue Trial-GRANTED IN PART, DENIED IN PART. Trial date continued from 1/11/2005 to 5/10/2205 @9:00amDAE. The Court finds that the ends of justice served by such an action outweigh the best interest of the public and the defendant in a speedy trial. The Court orders that the period from 1/11/2005 to and including 5/10/2005 be excluded from computation under the Speedy Trial Act as a failure to grant the continuance would unreasonably deny counsel for the defendant reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Defendant Anthony A. Rutledge, Sr.'s Motion to Compel Production of Miki declaration- GRANTED IN PART, RESERVED IN PART. Government to prepare order. Status Conference held. Defendants' modified pretrial release condition of the passive Global Positioning Satellite (GPS) remote location monitoring program extended to 1/7/2005. Defendants' instructed to enter the airport and Unity House areas. Edward E. Groves Patrick Murphy (01)Brian DeLima (02)John Cline Jeffrey Rawitz Paul A. Wong (03)Victor Sherman present; :granting motion to compel production of Miki Declaration in Support of ExParte Application for Post-Indictment Restraining Order and Accompanying by Anthony A. Rutledge Sr. [267-1], granting motion to stay proceedings pending outcome of conflict of interest motion and/or continued trial; as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc.; [261-1] ; jury trial set for 9:00 5/10/05 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. ; final pretrial conf set for <date not set> for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. , Aaron A. Rutledge, Anthony A. Rutledge Sr. present ( Ct Rptr: Cynthia Fazio) by Judge Ezra (sm) Modified on 01/04/2005 (Entered: 01/04/2005)
01/03/2005  TRANSCRIPT of Proceedings - 12/20/04 - ORIG - ( Juvenlynn Punzal (ESR) ) - pp 10 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., USA (sm) (Entered: 01/05/2005)
01/05/2005282 Notice of Motion and MOTION for preliminary injunction by USA as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc.; Tables of Contents and Authorities; Memorandum in Support of Motion for a Preliminary Injunction; Declaration of Edward Groves; Exhibits 1-9; Certificate of Service; Motion hearing set for 1/11/05 at 9:30 before Judge Ezra (sm) (Entered: 01/05/2005)
01/06/2005284 EXHIBIT 1 and Exhibits 2, 4-16 Vol. I of IV To the United States' Redacted Submission of Declaration of Special Agent Gregory Miki, Dated December 10, 2004, and Corresponding Exhibits in Support of Post-Indictment Restraining Order; Certificate of Service by plaintiff USA (SEALED) (sm) (Entered: 01/07/2005)
01/06/2005285 EXHIBIT 17-25 (Vol. II of IV) To the United States' Redacted Submission of Declaration of Special Agent Gregory Miki, Dated December 10, 2004, and Corresponding Exhibits in Support of Post-Indictment Restraining Order; Certificate of Service by plaintiff USA (SEALED) (sm) (Entered: 01/07/2005)
01/06/2005286 EXHIBITS 26 & 27 (Vol. III of IV) To the United States' Redacted Submission of Declaration of Special Agent Gregory Miki, Dated December 10, 2004, and Corresponding Exhibits in Support of Post-Indictment Restraining Order; Certificate of Service by plaintiff USA (SEALED) (sm) (Entered: 01/07/2005)
01/06/2005287 EXHIBITS 28 & 29 (VOL IV of IV) To the United States' Redacted Submission of Declaration of Special Agent Gregory Miki, Dated December 10, 2004, and Corresponding Exhibits in Support of Post-Indictment Restraining Order; Certificate of Service by plaintiff USA (SEALED) (sm) (Entered: 01/07/2005)
01/06/2005288 United States' Submission of Redacated Declaration of Special Agent Gregory Miki Dated December 10, 2004, and Corresponding Exhibits in Support of Post-Indictment Restraining Order; Certificate of Service USA re [227-1] (SEALED) (sm) Modified on 01/07/2005 (Entered: 01/07/2005)
01/07/2005292 OPPOSITION by receiver; EG&G Technical Services to Anthony Rutledge Sr's motion to dissolve ex parte post-indictment restraining order or, in the alternative, for an evidentiary hearing; [245-1] ; declaration of Anthony Pounders; certificate of service (eps) (Entered: 01/10/2005)
01/10/2005291 SUPPLEMENTAL SUBMISSION of documents referenced in declaration of Special Agent Gregory Miki dated December 10, 2004, filed in support of post-indictment restraining order; exhibit 1; certificate of service - by USA - SEALED (eps) (Entered: 01/10/2005)
01/10/2005  TRANSCRIPT of Proceedings - 1/3/2005 - ORIG - ( Cynthia Tando Fazio ) - pp 33 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. (eps) (Entered: 01/10/2005)
01/10/2005  SEALED HEARING - TRANSCRIPT of Proceedings - 1/31/2005 - ORIG - ( Cynthia Tando Fazio ) - pp 42 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. - SEALED HEARING (eps) (Entered: 01/10/2005)
01/10/2005293 IN CAMERA SUBMISSION OF EXHIBIT referenced in declaration of Special Agent Gregory Miki dated December 10, 2004, filed in support of post-indictment restraining order; declaration of Edward Groves; exhibit 3 - on behalf of USA - SEALED [227-1] (eps) (Entered: 01/13/2005)
01/10/2005294 OPPOSITION to defendant Anthony A Rutledge's APPEAL AND REQUEST to the District Court to reconsider a pretrial matter determined by the Magistrate Judge [290-1]; certificate of service - by USA (eps) (Entered: 01/13/2005)
01/10/2005295 ORDER continuing trial date and tolling time under the Speedy Trial Act from January 11, 2005 to May 10, 2005 by Judge David A. Ezra ; jury trial set for 9:00 5/10/05 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. , 18:3161(h)(8)(1)(F); 18:3161(h)(8)(A); 18:3161(h)(8)(B)(ii) (eps) (Entered: 01/13/2005)
01/10/2005297 EX PARTE MOTION requesting the court's approval of the sale of the commercial office building located at 720 Kapiolani Boulevard, Honolulu, Hawaii 96813, and Ordering that the proceeds of said sale be impounded for the benefit of Unity House, Inc., in receivership, declaration of Brook Hart; exhibit a - referred to Judge David A. Ezra [296-1] (eps) Modified on 01/13/2005 (Entered: 01/13/2005)
01/10/2005298 EX PARTE Order approving the sale by Unity House, Inc in receivership, of the commercial office building located at 720 Kapiolani Boulevard, Honolulu, Hawaii 96813, to US Pacific Development, LLC and further ordering that the proceeds of said sale be impounder for the benefit of Unity House, Inc in receivership - APPROVED by Judge David A. Ezra re [296-1], [297-1] (eps) (Entered: 01/13/2005)
01/11/2005296 NOTICE of filing RECEIVER'S REPORT dated January 6, 2005; exhibit a; certificate of service - on behalf of receiver EG&G Technical Services, Inc through counsel Brook Hart, Fred H Altshuler (eps) (Entered: 01/13/2005)
01/11/2005299 ORDER staying ruling on United States' motion for inquiry into conflicts of interest regarding Jones Day Law Firm pending further submissions of the parties by Judge David A. Ezra re [259-1] - on behalf of USA - SEALED (eps) (Entered: 01/13/2005)
01/11/2005300 IN CAMERA SUBMISSION by USA in support of motion for an inquiry into conflicts of interest regarding Jones Day Law Firm; exhibits 1-9 - SEALED [259-1] (eps) (Entered: 01/13/2005)
01/11/2005301 REDACTED DECLARATION of Special Agent Gregory Miki dated December 10, 2004, as unsealed by the court; exhibit 1; certificate of service by USA [228-1] (eps) (Entered: 01/13/2005)
01/11/2005302 EP: MINUTES: United States' Motion for Preliminary Injunction. Defendant Anthony A. Rutledge, Sr.'s Appeal and Request to the District Court to Reconsider a Pretrial Matter. Defendant (01)Aaron A. Rutledge's oral motion to join Defendant Anthony A. Rutledge, Sr.'s Appeal and Request to the District Court to Reconsider a Pretrial Matter Mr. Pounders present. Brook Hart present on behalf of Anthony Pounders. Defendants' Motion to dissolve TRO-DENIED. United States' Motion for Preliminary Injunction-GRANTED. Defendant (02) Anthony A. Rutledge, Sr.'s witnesses: Agent Gregory T. Miki Defendant (02) Anthony A. Rutledge, Sr.'s exhibits received: A, B. Court to issue order. Defendant Anthony A. Rutledge, Sr.'s Appeal and Request to the District Court to Reconsider a Pretrial Matter and Defendant (01)Aaron A. Rutledge's oral motion to join Defendant Anthony A. Rutledge, Sr.'s Appeal and Request to the District Court to Reconsider a Pretrial Matter-CONTINUED TO 1/11/2005 @1:45pmDAE [282-1] re [290-1] [245-1] ; Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. Attorney Victor Sherman, John D. Cline, Paul Wong, Brian J. De Lima, Edward E. Groves, present ( Ct Rptr: Cynthia Fazio) by Judge David Alan Ezra (eps) (Entered: 01/13/2005)
01/11/2005303 EP: MINUTES: [290-1] Further hearing on Defendant Anthony A. Rutledge, Sr.'s Appeal and Request to the District Court to Reconsider a Pretrial Matter. Further hearing on Defendant (01)Aaron A. Rutledge's oral motion to join Defendant Anthony A. Rutledge, Sr.'s Appeal and Request to the District Court to Reconsider a Pretrial Matter Defendant Anthony A. Rutledge, Sr.'s Appeal and Request to the District Court to Reconsider a Pretrial Matter and Defendant (01)Aaron A. Rutledge's oral motion to join Defendant Anthony A. Rutledge, Sr.'s Appeal and Request to the District Court to Reconsider a Pretrial Matter-PRETRIAL CONDITIONS MODIFIED as to both defendants as follows: DELETE: Other Conditions: Participate in and fully comply with the requirements of the passive Global Positioning Satellite (GPS) remote location monitoring program under the direction of Pretrial Services. This includes maintaining the portable tracking unit on, or in close proximity to, your person at all times while away from your residence. While in the residence, you will place the portable tracking unit in the powered-up base station immediately upon return to your residence and at all times while in your residence. All movement will be tracked and stored as an official record and you will not enter any areas that are defined by Pretrial Services as off-limits. Off-limits areas are the airport and Unity House. (7y) You must contribute toward the costs of the services required by this bond, to the extent you are financially able to do so, as determined by Pretrial Services. You will pay the costs of the GPS monitoring in full, with payment to be made every two weeks or as otherwise directed by Pretrial Services. You may be financially responsible for the cost of repairing or replacing the GPS Equipment if it is damaged, lost, or stolen. MODIFY: (7a1) Execute a bond in the amount of $750,000, secured by a Security Mortgage on the following property: a property or properties agreed upon by the government. $750,000 Bond applies to both Defendants (01) Aaron A. Rutledge and (02) Anthony A Rutledge, Sr. ADD: OTHER CONDITIONS: 1) Defendants' or their nominees are not allowed to have any contact or business dealings with Unity House. 4) Defendants' are confined to their home between 9pm to 6am. At the discretion of the Pretrial Service Officer. 5) Defendants' are not allowed to travel to the airport. Defendants (01)Aaron A. Rutledge and (02) Anthony A. Rutledge, Sr. aka "Tony" Rutledge are referred to the Clerk's Office for Processing ; Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. Attorney Paul Wong, Jeffrey M. Rawitz, Brian J. Lima, Edward E. Groves, present ( Ct Rptr: Cynthia Fazio) by Judge David Alan Ezra (eps) (Entered: 01/13/2005)
01/12/2005305 ORDER Granting Ex Parte Application to File Under Seal Defendant Anthony A. Rutledge, Sr.'s Memorandum in Opposition to United States' Motion for an Inquiry Into Conflicts of Interest; Certificate of Service by Judge David A. Ezra (sm) (Entered: 01/18/2005)
01/13/2005312 Notice of Filing of Original Declaration of Anthony Pounders, Replacing Facsimile In "Receiver's Opposition to Anthony Rutledge, Sr.'s Motion to Dissolve Ex Parte Post-Indictment Restraining Order or, in the Alternative, for an Evidentiary Hearing; Certificate of Service by Unity House, Inc. (sm) (Entered: 01/19/2005)
01/14/2005  FILING FEE PAID in the amount of $ 255.00, receipt # 227218 for Notice of Appeal (Preliminary Injunction) by Defendant (02) Anthony A. Rutledge, Sr. (sm) (Entered: 01/19/2005)
01/19/2005313 ORDER by Judge David A. Ezra granting in part and denying as moot in part the government's motion for preliminary injunction [282-1] (cc: all counsel) (sm) (Entered: 01/21/2005)
01/21/2005  TRANSCRIPT of Proceedings - 1/11/05 - ORIG - ( Cynthia Tando Fazio ) - pp 24 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., Unity House, Inc., USA (SEALED) (sm) (Entered: 01/23/2005)
01/21/2005  TRANSCRIPT of Proceedings - 1/11/05 - ORIG - ( Cynthia Tando Fazio ) - pp 142 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., Unity House, Inc., USA (sm) (Entered: 01/23/2005)
01/25/2005315 ORDER FOR TIME SCHEDULE RT to be ordered by 2/15/05 ;RT to be filed by 3/17/05 ;Aplnt's brief to be filed by 4/26/05 ;Aple's brief to be filed by 5/26/05 ;Aplnt's opt reply brief to be filed by 6/9/05 (cc: Clerk, 9CCA, all counsel, Court Reporters) Notice of Appeal sent to Clerk, 9CCA and to all counsel (sm) (Entered: 01/26/2005)
01/26/2005  FILING FEE PAID in the amount of $ 255.00, receipt # 227549 for Appeal (Preliminary Injunction) by defendant (02) Anthony Rutledge (sm) (Entered: 01/26/2005)
01/31/2005316 Submission of Documents Re: Real Property Collateral; Attachments A-D; Certificate of Service; Attachment A: Title Report on Tax Key: (1) 5-3-002-037 owned by AAR Securities Partners; Attachment B: Tax Assessment on Tax Key: (1) 5-3-002-037; Attachment C: Title Report on Tax Key: (1) 5-3-002-49 owned by AAR Securities Partners; Attachment D: Tax Assessment on Tax Key: (1) 5-3-002-49 (gs) (Entered: 02/01/2005)
02/01/2005317 Security MORTGAGE in the amount of $ 750,000.00; address of property- tax map key nos: (1) 5-3-002-037 & (1) 5-3-002-049; title of owner- AAR Securities Partners as to Defts Aaron Rutledge and Anthony Rutledge, Sr., (gs) (Entered: 02/01/2005)
02/01/2005319 EP: MINUTES: Status Conference Re: Posting Surety held ; Defts present - not in custody; Agreement for forfeit property signed by defts and Judge Kurren in court; Oral request to allow deft Anthony Rutledge, Sr. to travel a total of 3 days to Los Angeles, CA - GRANTED; Itinerary to be presented to Pretrial Services; Counsel Paul Wong to prepare order; Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., Unity House, Inc., USA Attorney Edward E. Groves by phone, Paul Wong special appearance for Brian Delima, Alison Thom, PTS Officer present (Ct Rptr: C6) by Judge Kurren (gs) (Entered: 02/02/2005)
02/02/2005324 NOTICE OF MOTION; Receiver EG&G Technical Services, Inc.'s Motion Re Application of Proceeds from the sale of the NCR Building ; Declaration of Anthony Pounders; Certificate of Service set for 10:30 2/11/05 before Judge David A. Ezra (gs) (Entered: 02/04/2005)
02/02/2005326 EO: MINUTES: Receiver EG&G Technical Services, Inc.'s Motion Re: Application of Proceeds from the Sale of the NCR Building Defendant Anthony A. Rutledge, Sr.'s Motion to Sever Counts Ex Parte Application for Order to Compel Production of Discovery Relevant to Government's Motion for An Inquiry Into Conflicts of Interest Regarding Jones Day Law Firm The following motions will be set for 02/11/2005 @10:30am before DAE Any oppositions due: 2/9/2005 @12pm [325-1] [324-1] by Judge Ezra (gs) (Entered: 02/04/2005)
02/04/2005327 APPEAL Transcript Designation and Order form Cynthia Fazio for the dates of 1/11/05 regarding [311-1] (sealed) (Entered: 02/04/2005)
02/07/2005329 APPEAL number 05-10060 received from 9CCA regarding [314-1], regarding [311-1] (gs) (Entered: 02/08/2005)
02/08/2005330 United States' MEMORANDUM in opposition to defendant Anthony A. Rutledge, Sr.'s motion to sever counts [325-1]; Certificate of Service (gs) (Entered: 02/09/2005)
02/11/2005332 EP: MINUTES: Receiver EG&G Technical Services, Inc.'s Motion Re: Application of Proceeds from the Sale of the NCR Building. Defendant Anthony A. Rutledge, Sr.'s Motion to Sever Counts. Defendant Aaron Rutledge's Joinder in Defendant Anthony A. Rutledge Sr's Motion to Sever Counts. Mr. Pounders present. Brook Hart present on behalf of Anthony Pounders. Arguments heard. Receiver EG&G Technical Services, Inc.'s Motion Re: Application of Proceeds from the Sale of the NCR Building-GRANTED. Mr. Hart to prepare order. Defendant Anthony A. Rutledge, Sr.'s Motion to Sever Counts-DENIED. Court to issue order [325-1], [324-1]; Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., USA Attorney Edward E. Groves, Brian J. De Lima, John D. Cline, Jeffrey M. Rawitz, Paul B.K. Wong, Jeff Eglash present (Ct Rptr: ESR) by Judge Ezra (gs) (Entered: 02/15/2005)
02/11/2005333 EP: MINUTES: SEALED HEARING COURT ACTION: EP: Ex Parte Application for Order to Compel Production of Discovery Relevant to Government's Motion for An Inquiry Into Conflicts of Interest Regarding Jones Day Law Firm. Arguments heard. Ex Parte Application for Order to Compel Production of Discovery Relevant to Government's Motion for An Inquiry Into Conflicts of Interest Regarding Jones Day Law Firm- TAKEN UNDER ADVISEMENT. Court to issue order. [273-1]; Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., USA Attorney Edward E. Groves, Brian J. De Lima, D. Cline, Jeffrey M. Rawitz, Paul B.K. Wong, Jeff Eglash present (Ct Rptr: ESR) by Judge Ezra (gs) (Entered: 02/15/2005)
02/14/2005334 EX PARTE Petition of the United States for a Court Order allowing it to provide the Defense with Redacted Grand Jury Transcripts in Support of its Motion for an inquiry into conflicts of interest regarding Jones Day Law Firm before Judge David A. Ezra [SEALED] (gs) (Entered: 02/15/2005)
02/15/2005335 APPEAL Transcript Designation and Order form Cynthia Fazio for the dates of 1/11/05 regarding [314-1] (gs) (Entered: 02/15/2005)
02/15/2005336 ORDER Granting "Receiver EG&G Technical Services, Inc.'s Motion Re Application of Proceeds from the sale of the NCR Building" by Judge David A. Ezra re [332-1] (gs) (Entered: 02/15/2005)
02/15/2005337 EO: MINUTES: All counsel of record may obtain a copy of the sealed tape/transcript for the hearing on 2/11/05 re [333-1] by Judge Ezra (sealed) (Entered: 02/15/2005)
02/28/2005  TRANSCRIPT of Proceedings - 2/11/05 - ORIG - ( Juvelyn Punzal ) - pp 11 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., Unity House, Inc. (gs) (Entered: 02/28/2005)
02/28/2005  SEALED TRANSCRIPT of Proceedings - 2/11/05 - ORIG - ( Juvelynn Punzal ) - pp 22 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., Unity House, Inc. (gs) (Entered: 02/28/2005)
03/01/2005339 APPEAL Certificate of Record Transmitted to 9CCA regarding [314-1] (sealed) (Entered: 03/02/2005)
03/02/2005340 ORDER by Judge David A. Ezra Denying Defendant Anthony A. Rutledge, Sr.'s motion to sever counts [325-1] (gs) (Entered: 03/03/2005)
03/02/2005341 SEALED ORDER Granting Defendant Anthony A. Rutledge, Sr.'s Ex Parte Application For Order To Compel Production of Discovery Relevant To Government's Motion For An Inquiry Into Conflicts of Interest Regarding Jones Day Law Firm; Order Granting The United States' Ex Parte Petition For A Court Order Allowing It To Provide The Defense With Redacted Grand Jury by Judge David A. Ezra [273-1], [272-2], [260-1] [SEALED] (gs) (Entered: 03/03/2005)
03/14/2005342 Ex Parte Application to File Under Seal Defendant Anthony A. Rugledge, Sr.'s Objections to Unsealing of Governmen's Conflicts Motion and Related Pleadings, and Request for Status Conference Prior to Unsealing; [PROPOSED] Order Granting Ex Parte Application to file under seal defendant Anythony A. Rutledge, Sr.'s Objections to Unsealing of Government's Conflicts Motion and Related Pleadings, and Request for Status Conference prior to Unsealing; Certificate of Service [SEALED] (gs) (Entered: 03/14/2005)
03/14/2005344 Ex Parte application to filed under seal defendant Anthony A. Rutledge, Sr.'s Motion for Reassignment Based on a violation of Rule 11(C)(1) of the Federal Rules of Criminal Procedure, and the Memorandum and Declarations in Support Thereof; [PROPOSED] Order Granting Ex Parte Application; Certificate of Service [SEALED] (gs) (Entered: 03/14/2005)
03/31/2005347 United States' MEMORANDUM in opposition to Defendant Anthony A. Rutledge's motion for reassignment based on a violation of Rule 11(C)(1) of The Federal Rules of Procedure [345-1]; Affidavits of Attorneys Brook Hart and Edward E. Groves; Exhibit A; Certificate of Service by plaintiff USA [SEALED] (gs) (Entered: 03/31/2005)
03/31/2005348 EO: MINUTES: Preliminary Motion for Motion for reassignment set for 4/5/05 9:00 a.m. before DAE [345-1]; motion hearing set for 9:00 4/5/05 by Judge Ezra (gs) (Entered: 04/04/2005)
04/01/2005349 SUBMISSION of original signature to the "Affidavit of Edward E. Groves" Included in the United States' Memorandum in Opposition to Defendant Anthony A. Rutledge Sr.'s motion for reassignment based on a violation of Rule 11(C)(1) of The Federal Rules of Ciminal Procedure [345-1] (gs) (Entered: 04/04/2005)
04/05/2005352 EO: MINUTES: The hearing on Motion for reassignment is set for April 6, 2005 @ 2:00 p.m. before the Honorable Helen Gillmor; IT IS ORDERED that any supplemental memoranda be filed no later than 4:30 p.m. today, April 5, 2005; The Court will allow oral arguments of 10 minutes to each side [345-1] by Judge Gillmor (gs) (Entered: 04/07/2005)
04/06/2005354 ORDER Reassigning Defendant Anythony A. Rutledge, Sr.'s Motion for Reassignment Based On A Violation of Rule 11(C)(1) of the Federal Rules of Criminal Procedure by Judge David A. Ezra re [350-1] (gs) (Entered: 04/07/2005)
04/08/2005  TRANSCRIPT of Proceedings - 4/6/05 - ORIG - ( Debra Chun ) - pp 5 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. (gs) (Entered: 04/11/2005)
04/08/2005  SEALED TRANSCRIPT of Proceedings - 4/6/05 - ORIG - ( Debra Chun ) pp 37 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. (gs) (Entered: 04/11/2005)
04/08/2005  SEALED TRANSCRIPT of Proceedings - 4/5/05 - ORIG - ( Lisa Groulx ) - pp 53 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. (gs) (Entered: 04/11/2005)
04/14/2005357 ORDER Denying Defendant Anythony A. Rutledge, Sr.'s Motion for Reassignment by Judge Helen Gillmor [345-1] [SEALED] (gs) Modified on 04/15/2005 (Entered: 04/15/2005)
04/15/2005  SEALED TRANSCRIPT of Proceedings - 4/5/05 - ORIG - ( Lisa Groulx ) - pp 53 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. (gs) (Entered: 04/18/2005)
04/15/2005358 RESPONSE to Government's Motion to Continue Trial by defendant Star-Beach Boys Inc. (gs) (Entered: 04/18/2005)
04/21/2005359 NOTICE OF Hearing; Receiver's MOTION Requesting Court's Approval of Sale of Certain Properties ; Memorandum of Points and Authorities; Declaration of Anthony Pounders; Certificate of Service set for 10:30 4/26/05 before Judge David A. Ezra (gs) (Entered: 04/22/2005)
04/21/2005360 Notice of Motion; United States' MOTION to continue trial pending an In Camera Inspection of the Records of Jones Day Law Firm Subject to December 14, 2004, Order of U.S. District Court Judge Samuel P. King, Sr., and Resolution of Subsequent Motions filed by Jones Day Law Firm and Underlying Conflicts of Interest Motion ; Memorandum in Support of Motion; Exhibits 1-4; Declaration of Edward E. Groves; Certificate of service Motion hearing set for 4/26/05 @ 10:30 a.m., DAE (gs) (Entered: 04/22/2005)
04/21/2005361 EO: MINUTES: Status Conference Receiver's Motion Requesting Court's Approval of Sale of Certain Properties United States' Motion to Continue Trial The above matters have been set for hearing on 04/26/2005 10:30:00 AM before DAE Oppositions are due 4/22/2005 Replies are due 4/25/2005, by 4:00pm [360-1] [359-1] by Judge Ezra (gs) (Entered: 04/22/2005)
04/22/2005363 United States' RESPONSE to Receiver's Motion Requesting Court's Approval of Sale of Certain Properties; Certificate of service regarding [359-1] (gs) (Entered: 04/22/2005)
04/26/2005366 EP: MINUTES: Status Conference; Receiver's Motion Requesting Court's Apprival of Sale of Certain Properties; United States' Motion to Continue Trial; Status Conference Held; Receiver's Motion Requesting Court's Approval of Sale of Certain Propertes - GRANTED; Mr. Hart to prepare order; [360-1], ; United States' Motion to Continue Trial-GRANTED. Trial continued to 10/4/2005 @900amDAE. The Court finds that the ends of justice served by such an action outweigh the best interest of the public and the defendant in a speedy trial. The Court order that the period from 5/10/2005 to and including 10/4/2005 be excluded from computation under the Speedy Trial Act as a failure to grant the continuance would unreasonably deny counsel for the defendant reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Mr. Groves to prepare Order; Regarding United States' Motion for an Inquiry Into Conflicts of Interest, counsel must notify Court by 5/3/2005 regarding whether this motion should be referred to another judge for disposition. This notice should take the form of a motion, should counsel choose to request a referral of the matter. Additionally, should defense counsel choose to bring such a motion, the Court will require Defendants to agree to the referral, and stipulate that the period of delay required for the motion to be heard by another judge will be excluded from the running of the Speedy Trial Act. Defendant Anthony A. Rutledge, Sr.'s Objections to Unsealing of Government's Conflicts Motion and Related Pleadings DENIED. The Court will require the parties within the next week to review the file for purposes of segregating out all documents to which, in counsel's opinion, a grand jury privilege or attorney-client privilege should attach. A list of such documents should be jointly filed by the parties, and any documents over which a disagreement arises must be flagged for the Court's review ; Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., Unity House, Inc., USA Attorney Edward E. Groves, Brian J. De Lima, Jeffrey M. Rawitz, Paul B.K. Wong, Brook Hart present (Ct Rptr: Cynthia Fazio) by Judge Ezra (gs) (Entered: 04/29/2005)
04/29/2005  TRANSCRIPT of Proceedings - 4/26/05 - ORIG - ( Cynthia Fazio ) - pp 37 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. (gs) (Entered: 05/02/2005)
04/29/2005367 ORDER Granting Receiver's Motion Requesting Court's Approval of Sale of Certain Properties by Judge David A. Ezra re [366-3] (gs) (Entered: 05/02/2005)
05/03/2005369 United States' Position Regarding Unsealing of Documents and Transcripts Pertaining to Sealed Conflicts of Interest Inquiry and all Related Sealed Pleadings and Hearings; certificate of service regarding [366-3] (gs) (Entered: 05/04/2005)
05/06/2005370 ORDER (1) Continuing Trial Date and Tolling Time Under The Speedy Trial Act from May 10, 2005 to October 4, 2005, (2) Granting Receiver's Request to Sell Certain Unity House, Inc. Properties, and (3) Denying Defendant Anthony A. Rutledge, Sr.'s Motion to Prevent Unsealing of Government's Conflicts Motion and Related Pleadings by Judge David A. Ezra re [366-3] ; jury trial set for 9:00 10/4/05 for Aaron A. Rutledge, for Anthony A. Rutledge Sr., for Star-Beach Boys Inc. ; Time excluded: 5/10/05 - 10/4/05 (gs) (Entered: 05/09/2005)
05/26/2005379 United States' Position Regarding The Need for an Evidentiary Hearing and its List of Necessary Witnesses for the Court's Conflicts of Interest Inquiry; Certificate of service (gs) (Entered: 05/26/2005)
05/31/2005382 Reply MEMORANDUM of the United States in further support of its motion for an inquiry into conflicts of interest regarding Jones Day Law Firm and to determine whether Jones Day's involvement has created an unwaivable conflict of interest; [259-1]; declaration of Edmund Power; exhibits 1-3, 8-14; certificate of service (SEALED) (gab) (Entered: 06/01/2005)
05/31/2005383 EXHIBITS 15-18, 20-22, 24 by plaintiff USA to the reply memorandum of the United States in further support of its motion for an inquiry into conflicts of interest regarding the Jones Day Law firm and to determine whether Jones Day's involvement has created an unwaivable conflict of interest; certificate of service (SEALED) [382-1] (gab) (Entered: 06/01/2005)
06/01/2005380 Amended Certificate of Service by plaintiff USA (gab) (Entered: 06/01/2005)
06/01/2005381 Amended Certificate of Service by plaintiff USA (gab) (Entered: 06/01/2005)
06/02/2005386 EXHIBITS 3-6 (Vol. II of II) to the Notice of Motion; United States' Motion for an Inquiry into possible attorney/witness misconduct requiring referral to the Office of Disciplinary Counsel or other action by the United States District Court; Memorandum in Support; Declaration of Edward E. Groves; Certificate of Service [SEALED] (gs) (Entered: 06/03/2005)
06/13/2005391 SUPPLEMENTAL Pleading Re: United States' Motion for an inquiry into possible Attorney/Witness Misconduct Requiring Referral to the Office of Disciplinary Counsel or Other Action by the United States District Court by USA as to Anthony A. Rutledge Sr. [385-1] (gs) (Entered: 06/13/2005)
06/15/2005392 OBJECTION to Supplemental Pleading Re: United States' Motion for an inquiry into possible attorney/witness misconduct requiring referral to the Hawaii Office of Disciplinary Counsel or other Action by the United States District Court and request for hearing; Declaration of John S. Edmunds; and Certificate of Service to [391-1] by Respondents Roger S. Moseley and Steven L. Rinesmith (gs) Modified on 06/16/2005 (Entered: 06/16/2005)
06/29/2005394 WITHDRAWAL OF United States' for an inquiry into possible Attorney/Witness Misconduct Requiring Referral to the Office of Disciplinary Counsel or Other Action by the United States District Court; Declaration of Florence T. Nakakuni by USA as to Anthony A. Rutledge Sr. [385-1] [SEALED] (gs) (Entered: 06/29/2005)
06/29/2005395 REPLY to Defendant Anthony A. Rutledge Sr.'s Motion to Modify Bail Conditions by plaintiff USA regarding [393-1] (gs) (Entered: 06/29/2005)
06/30/2005397 Supplemental MEMORANDUM narrowing issues in United States motion for an inquiry into conflicts of interest regarding Jones Day Law Firm [259-1] by plaintiff USA (SEALED) (gab) (Entered: 06/30/2005)
07/14/2005399 REPLY to Defendant Anthony A. Rutledge's Bench Memorandum in Response to the Government's Supplemental Memorandum by plaintiff USA (gs) (Entered: 07/14/2005)
07/15/2005400 ORDER Denying Defendant Anthony Rutledge, Sr.'s Motion to Modify Bail Conditions by Judge David A. Ezra re [398-1], re [393-1] (gs) (Entered: 07/18/2005)
08/22/2005403 ORDER On Motion for Inquiry Into Conflicts Of Interest by Judge A. W. Tashima ~ [259-1] (gs) (Entered: 08/23/2005)
08/22/2005404 NOTICE - Motion to withdraw not guilty plea and to plead anew as to Defts Aaron A. Rutledge, Anthony Rutledge, Sr. and Star-Beachboys, Inc. set for Thursday, August 25, 2005 @ 3:00 p.m. before Judge Ezra (gs) (Entered: 08/23/2005)
08/25/2005405 EP: MINUTES: Defendants-(01) Aaron A. Rutledge, (02) Anthony A. Rutledge, Sr. aka "Tony" Rutledge and (03) Star-Beachboys, Inc. Motion to Withdraw Not Guilty Plea and to Plead Anew. Defendant (01) Aaron A. Rutledge present, not in custody. Defendant (02) Anthony A. Rutledge, Sr. aka "Tony" Rutledge present, not in custody. As to Defendants-(01) Aaron A. Rutledge, (02) Anthony A. Rutledge, Sr. aka "Tony" Rutledge and (03) Star-Beachboys, Inc. Motion to Withdraw Not Guilty Plea and to Plead Anew-REFERRED TO JUDGE BARRY M. KURREN ; Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., USA Attorney Edmond Power, Brian J. De Lima, William C. McCorriston, Dennis O'Connor, Jr. present (Ct Rptr: Sharon Ross) by Judge Ezra (gs) (Entered: 08/26/2005)
08/25/2005412 CONSENT to Rule 11 plea in a felony case before a United States Magistrate Judge as to Star-Beach Boys Inc. (gs) (Entered: 08/26/2005)
08/25/2005413 MEMORANDUM of Plea Agreement as to Star-Beach Boys Inc. (gs) (Entered: 08/26/2005)
08/25/2005414 Report and Recommendation concerning Plea of Guilty as to Star-Beach Boys Inc. (gs) (Entered: 08/26/2005)
08/25/2005415 EP: MINUTES: M/Withdraw Not Guilty Plea and to Plead Anew as to (01) Aaron A. Rutledge, (02) Anthony A. Rutledge, Sr., (03) Star-Beachboys, Inc. - defts present on bail Consents to Rule 11 Plea in a Felony Case Before United States Magistrate Judge signed and filed. Defts sworn and queried. Advised of rights. Memorandums of Plea Agreement signed and filed. As to (01) Aaron A. Rutledge: Plea of GUILTY entered to Count I of the Felony Information. Third Superseding Indictment will be dismissed after sentencing. Court to submit Report and Recommendation Concerning Guilty Plea recommending that deft be adjudged guilty. Deft advised of right to file objection to Report and Recommendation. Pre-Sentence Investigation Report ordered. As to (02) Anthony A. Rutledge: Plea of GUILTY entered to Count 9 of the Third Superseding Indictment. Remaining counts will be dismissed after sentencing. Court to submit Report and Recommendation Concerning Guilty Plea recommending that deft be adjudged guilty. Deft advised of right to file objection to Report and Recommendation. Pre-Sentence Investigation Report ordered. As to (03) Star-Beachboys, Inc.: Plea of GUILTY entered to Count 10 of the Third Superseding Indictment. Remaining counts will be dismissed after sentencing. Court to submit Report and Recommendation Concerning Guilty Plea recommending that deft be adjudged guilty. Deft advised of right to file objection to Report and Recommendation. Pre-Sentence Investigation Report ordered. ; As to all defendants: SENTENCING set for 4-10-06 @ 1:30 p.m., DAE. Trial date vacated. Bail to continue. ; Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., USA Attorney Edmund Power, John Cox, Brian J. De Lima, William C. McCorriston, Paul B.K. Wong, Dennis O'Connor present (Ct Rptr: C6; 3:35-4:25) by Judge Kurren (gs) (Entered: 08/26/2005)
08/29/2005  TRANSCRIPT of Proceedings - 8/25/05 - ORIG - ( Sharon Ross ) - pp 14 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. (gs) (Entered: 08/29/2005)
09/08/2005416 NOTICE OF Hearing MOTION; Applicant Douglas Himmelfarb's Motion for intervention to Confirm Sale or property, or in the Alternative, to Compel The Federal Receiver of Unity House to Proceed with Litigation in State Court ; Declaration of Douglas Himmelfarb; Declaration of Counsel; Exhibits A-P; Certificate of Service set for 9:00 10/7/05 before Judge David A. Ezra (gs) (Entered: 09/08/2005)
09/08/2005417 Notice of Hearing; Unity House Inc. in Receivership's MEMORANDUM in opposition to Douglas Himmerlfarb's motion intervention AND Counter-Motion for an Injunction against Prosecution of Civil Action No. 05-1-1386-07 VSM in the Circuit Court of the First Circuit, State of Hawaii, and/or a Finding of Civil Contempt and an award of Attorneys' Fees and Costs; Memorandum of Points and Authorities; Declaration of Brook Hart; Declaration of Anthony Pounders; Certificate of Service [416-1] hearing set for 10/7/05 @ 9:00 a.m. DAE (gs) (Entered: 09/08/2005)
09/08/2005  TRANSCRIPT of Proceedings - 8/25/05 - ORIG - ( Juvelynn Punzal ) - pp 49 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. (gs) (Entered: 09/08/2005)
09/12/2005418 Substitution of Original "DECLARATION of Anthony Pounders" in "Unity House, Inc. in Receivership's memorandum in opposition to Douglas Himmerlfarb's motion for intervention and counter-motion for an injunction against prosecution of civil action no. 05-1-1386-07 VSM in the Circuit Court of the First Circuit, State of Hawaii, and/or a Finding of Civil Contempt and an award of Attorneys' Fees and Costs", filed September 8, 2005; Certificate of Service re [417-1] (gs) (Entered: 09/13/2005)
09/13/2005419 Applicant's SUBMISSION of original Declaration of Douglas Himmelfarb; Certificate of service [416-1] (gs) (Entered: 09/14/2005)
09/21/2005420 Government's RESPONSE to Applicant Himmelfarb's Limited Motion to Intervene or to compel Unity House to Take Certain Action regarding [416-1] (gs) (Entered: 09/22/2005)
09/21/2005421 EO: MINUTES: Applicant Douglas Himmelfarb's Motion for Intervention to Confirm Sale of Property, or in the Alternative, to Compel the Federal Receiver of Unity House to Proceed with Litigation in State Court Unity House Inc. in Receivership's Counter-Motion for an Injuction against Prosecution of Civil Action The date for the above motions have been CHANGED from 10/07/2005 09:00:00 AM to 10/06/2005 09:00:00 AM before DAE [416-1] by Judge Ezra (gs) (Entered: 09/26/2005)
09/26/2005424 REPLY MEMORANDUM to Unity House, Inc's memorandum in opposition to motion intervention to Confirm Sale or property, or in the Alternative, to Compel The Federal Receiver of Unity House to Proceed with Litigation in State Court [416-1] and Douglas Himmelfarb's memorandum in opposition to Unity House's countermotion for an injunction against prosecution of Civil Action No 05-1-1386-07 VSM in the Circuit Court of the First Circuit, State of Hawaii and/or a finding of Civil Contempt and an award of attorney's fees and costs; declaration of Douglas Himmelfarb; affidavit of Dennis Enomoto; declaration of counsel; exhibits 1 & 2; certificate of service (eps) (Entered: 09/30/2005)
09/27/2005422 Submission of Executed DECLARATION of Applicant Douglas Himmelfarb; certificate of service (gab) (Entered: 09/28/2005)
09/28/2005423 SUBMISSION by movant Douglas Himmelfarb of original signature(s) of Dennis Enomoto; certificate of service (gab) (Entered: 09/28/2005)
09/30/2005425 Applicant's SUBMISSION of original Declaration of Douglas Himmelfarb; Certificate of service [416-1] (gs) (Entered: 10/03/2005)
10/03/2005426 Unity House, Inc. In Receivership's Reply MEMORANDUM in support of Counter-Motion for an Injunction against Prosecution of Civil Action No. 05-1-1386-07 VSM in the Circuit Court of the First Circuit, State of Hawaii, and/or a Finding of Civil Contempt and an award of Attorneys' Fees and Costs, filed 9/8/05; Declaration of Howard Glickstein; Exhibit A; Certificate of Service (gs) (Entered: 10/04/2005)
10/04/2005427 NOTICE of change of address: Trial Attorney Edmund P. Power at: U.S. Attorney's Office, Eastern District of Virginia, 2100 Jamieson Ave., Alexandria, VA 22314 (gs) (Entered: 10/05/2005)
10/05/2005428 Applicant Douglas Himmelfarb's OBJECTION to Unity House, Inc. in Receivership's Reply Memorandum in support of Counter-motion for an injunction against prosecution of Civil Action No. 05-1-1386-07 VSM in the Circuit Court of The First Circuit, State of Hawaii, and /or a Finding of Civil Contempt and an award of Attorneys' Fees and Costs, filed 9/8/05; Certificate of Service to [426-1] (gs) (Entered: 10/06/2005)
10/07/2005  TRANSCRIPT of Proceedings - 10/6/05 - ORIG - ( Cynthis Fazio ) - pp 23 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc., Unity House, Inc., Douglas Himmelfarb, USA (gs) (Entered: 10/07/2005)
10/13/2005430 Government's Unopposed Motion Requesting t file ex parte, sealed brief in support of plea agreements entered on August 25, 2005; Defense counsel's consent to motion; ORDER by Judge David A. Ezra (gs) (Entered: 10/14/2005)
10/14/2005431 Government's Ex Parte BRIEF in Support of Proposed Global Plea Agreements entered on August 25, 2005; Table of contents and table of authorities [SEALED] (gs) (Entered: 10/14/2005)
10/19/2005433 ORDER by Judge David A. Ezra (1) Denying without prejudice applicant Douglas Himmelfarb's Motion for Intervention to confirm sale of property, or in the alternative, to compel the Federal Receiver of Unity House to proceed with litigation in state court; Order (2) Denying without prejudice Unity House Inc. in Receivership's countermotion for an injuction against prosecution of civil action no. 05-1-1386-07 VSM in the Circuit Court of the First Circuit, State of Hawaii, and/or for a finding of civil contempt and an award of attorney's fees and costs [417-1], [416-1] (gs) (Entered: 10/19/2005)
10/21/2005435 Notice of filing of Receiver's Interim Report to the Court; Exhibit 1; Certificate of Service by Unity House (gs) (Entered: 10/24/2005)
10/26/2005436 Victim's Statement Re: Plea Agreement; Declaration of Counsel; Exhibit A; Certificate of Service by UNITE HERE Local 5 and Individually-Named Plaintiffs in Aarona et al. v. Unity House, Inc. et al., CV 05-00197 (gs) (Entered: 10/27/2005)
10/28/2005437 Government's Response opposition to Defendant's motion for Clarification of the Court's Order on Motion for Inquiry into conflicts of interest [432-1] (gs) (Entered: 10/31/2005)
11/09/2005445 EO: MINUTES: Hearing regarding plea agreements set for 11/16/05 1:30 p.m. before DAE by Judge Ezra (gs) (Entered: 11/20/2005)
11/14/2005438 Government's Reply to Proposed Presentence Report (gs) (Entered: 11/14/2005)
11/14/2005440 Defendant Star-Beach Boys Inc.'s SENTENCING Statement; Certificate of Service (gs) (Entered: 11/15/2005)
11/16/2005441 EP: MINUTES: Hearing regarding plea agreements. Defendant (01)Aaron A. Rutledge present, not in custody. Defendant (02) Anthony A. Rutledge, Sr. aka "Tony" Rutledge present, not in custody. Hearing regarding plea agreements held. Court to issue order. ; Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. Attorney Edmund Power, John Cox, Paul B.K. Wong, William C. McCorriston, Brian J. De Lima, Brook Hart present ( Ct Rptr: Debra Chun) by Judge David Alan Ezra (sealed) (Entered: 11/17/2005)
11/18/2005443 NOTICE OF MOTION and motion by movant Unity House, Inc. for Limited Disclosure of Brief in Support of Proposed Global Plea Agreements memorndum of points and authorities; declaration of Brook Hart; Proposed order; certificate of service; before Judge David A. Ezra (sealed) (Entered: 11/18/2005)
11/18/2005444 ORDER by Judge David A. Ezra denying motion for Limited Disclosure of Brief in Support of Proposed Global Plea Agreements [443-1] (cc: all counsel) (sealed) (Entered: 11/18/2005)
11/23/2005  TRANSCRIPT of Proceedings - 11/16/05 - ORIG - ( Debra Chun ) - pp 14 ;as to Aaron A. Rutledge, Anthony A. Rutledge Sr., Star-Beach Boys Inc. (gs) (Entered: 11/23/2005)
11/25/2005446 ORDER On Motion For Clarification by Judge A. W. Tashima terminating [432-1] motion for Clarification of the Court's Order on Motion for into conflicts of interest (gs) (Entered: 11/25/2005)
12/01/2005447 ORDER Rejecting Proposed Global Plea Agreements by Judge David A. Ezra re [441-1] (gs) (Entered: 12/02/2005)
12/01/2005448 NOTICE OF MOTION; Motion by movant Unity House, Inc. to Remove Item No. 37 ("Land-Punaluu") from the list of Unity House Assets subject to restraining order, or, in the alternative, for an order allowing entry of an interlocutory decree of foreclosure ; Declaration of Walter Lum; Exhibit 1; Declaration of Brook Hart; Declaration of Howard Glickstein; Exhibit A; Certificate of service set for 9:45 3/6/06 before Judge David A. Ezra (gs) (Entered: 12/02/2005)
12/20/2005449 EO: Trial Setting Conference set for 12/21/05 11:15 a.m. before DAE (gls, ) (Entered: 12/22/2005)
12/21/2005  TRANSCRIPT of Proceedings as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc. held on 12/21/05 before Judge Ezra. Court Reporter: Cynthia Fazio. 16 pgs. (gls, ) (Entered: 12/22/2005)
01/30/2006452 EO :Set/Reset Hearings as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc.: Change of Plea Hearing set for 2/2/2006 02:00 PM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI )(wnn, ) (Entered: 01/30/2006)
02/01/2006454 EO :Set/Reset Hearings as to Star-Beach Boys, Inc.: Change of Plea Hearing set for 2/2/2006 02:00 PM will be at 2/2/2006 03:00 PM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI )(wnn, ) (Entered: 02/01/2006)
02/01/2006455 EO :Set/Reset Hearings as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc.: Status Conference with Counsel Only set for 2/2/2006 11:00 AM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI )(wnn, ) (Entered: 02/01/2006)
02/02/2006456 EP :Status Conference as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc. held on 2/2/2006 (Court Reporter none.) (JUDGE LESLIE E KOBAYASHI )(wnn) (Entered: 02/02/2006)
02/02/2006459 EP :Change of Plea hearing as to Star-Beach Boys, Inc.: Sentencing set for 2/3/2006 10:30 AM before JUDGE DAVID ALAN EZRA. (FTR-Ctrm C7; 2:46 - 2:49.) (JUDGE LESLIE E KOBAYASHI )(gls, ) (Entered: 02/02/2006)
02/06/2006474 EP :Sentencing held on 2/6/2006 for Star-Beach Boys, Inc. (3), Count(s) 1, 1s, 5, Dismissed; Count(s) 10s, Probation: 2 Years; Fine: $40,000.00 Special Assessment: $400.00. (Court Reporter Debra Chun.) (JUDGE DAVID ALAN EZRA )(gab, ) (Entered: 02/07/2006)
02/06/2006477 Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing as to Star-Beach Boys, Inc. (gab, ) (Entered: 02/07/2006)
02/10/2006478 Supplemental MEMORANDUM by Unity House, Inc. as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc. (Attachments: # 1 Declaration of John D. Marshall# 2 Declaration of Corey Y.S. Park# 3 Exhibit A-1# 4 Exhibit A-2# 5 Exhibit A-3# 6 Exhibit A-4# 7 Exhibit A - Declaration of Howard Glickstein# 8 Exhibit B# 9 certificate of service)(gls, ) (Entered: 02/13/2006)
02/13/2006479 ORDER Naming Additional Members To The Board Of Directors For Unity House, Inc. as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc. . Signed by Judge DAVID ALAN EZRA on 2/13/06. (gls, ) (Entered: 02/13/2006)
02/13/2006480 TRANSCRIPT of Proceedings Sentencing as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc. held on 2/6/2006 before Judge David Alan Ezra. Court Reporter: Debra Chun. (dc@hid.uscourts.gov) (Entered: 02/13/2006)
02/28/2006481 ORDER Removing Item No. 37 ("LAND-PUALUU") From the List Of Unity House Assets Subject To Restraining Order. Signed by Judge DAVID ALAN EZRA on 2/28/06. (gls, ) (Entered: 02/28/2006)
03/02/2006482 JUDGMENT as to Star-Beach Boys, Inc. (3), Count(s) 1, 1s, 5, Dismissed; Count(s) 10s, Probation: 2 Years; Fine: $40,000.00 Special Assessment: $400.00 . Signed by Judge DAVID ALAN EZRA on 3/2/06. (gls, ) (Entered: 03/06/2006)
03/14/2006485 ORDER re: Winding Up of Receivership as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc. (eps ) (Entered: 03/16/2006)
04/05/2006492 NOTICE OF HEARING as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc.- Status Conference set for 4/6/2006 11:00 AM before JUDGE DAVID ALAN EZRA. (This Status Conference was requested by Attorney Brook Hart)(lls, ) (Entered: 04/05/2006)
04/06/2006493 EP :Status Conference as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc. held on 4/6/2006-No Defendants are present. Counsel-Brook Hart, Mr. Pounders, Eric Seitz and Paul Wong-present. Discussion regarding the closure of the Trustee in this action and returning all matters back to the Unity House. Court suggested 30 days to get matters finished. Counsel to prepare a Stipulation for court approval. (Court Reporter None.) (JUDGE DAVID ALAN EZRA )(lls, ) (Entered: 04/07/2006)
04/13/2006494 STIPULATION and ORDER Re: Preparation and Filing of Receiver's Final Report . Signed by Judge DAVID ALAN EZRA on 4/13/06. (Attachments: # 1 Exhibit A) (gls, ) (Entered: 04/14/2006)
05/19/2006495 Notice of filing and Submission of Final Report by Unity House, Inc. (Attachments: # 1 Final Report# 2 Exhibit A# 3 Exhibit A-1# 4 Exhibit A-2# 5 Exhibit B# 6 Exhibit C# 7 Exhibit D# 8 Certificate of service)(gls, ) (Entered: 05/22/2006)
06/05/2006496 STIPULATED ORDER DISCHARGING THE RECEIVER as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc. . Signed by Judge DAVID ALAN EZRA on 6/2/06. (gls, ) (Entered: 06/06/2006)
06/06/2006  COURT'S CERTIFICATE of Service - a copy of 496 Order has been served by First Class Mail to the addresses of record on: Brian Boyle, Edward Groves, John Cline, KC Maxwell, Scott Radovich, Jeffray Rawitz Victor Sherman and Brian Sun. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (gls, ) (Entered: 06/06/2006)
06/07/2006497 Certificate of Service by Unity House, Inc. as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc. (gls, ) (Entered: 06/09/2006)
06/07/2006  CORRECTIVE ENTRY. The entry docket number 497 Certificate of Service filed by Unity House, Inc., was entered incorrectly in this case. This office will re-enter the pleading with the image attached. (gls, ) (Entered: 06/09/2006)
06/07/2006498 Certificate of Service by Unity House, Inc. as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc. (gls, ) (Entered: 06/09/2006)
06/22/2006499 PARTIAL OBJECTION by Unity House, Inc. as to re 496 Stipulated [Proposed] Order (gls, ) (Entered: 06/23/2006)
06/23/2006500  MOTION for Extension of Time to File Response/Reply as to 496 Order Government's Motion for Extension of Time to Respond to Stipulated Order Discharging the Receiver; Certificate of Service and Declaration of Florence T. Nakakuni by USA as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc.. (Attachments: # 1 Declaration of Florence T. Nakakuni)(Nakakuni, Florence) (Entered: 06/23/2006)
06/23/2006501 Certificate of Service by USA as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc. for Order Granting Government's Request for an Extension of Time to Respond to Stipulated Order Discharging Receiver (Nakakuni, Florence) (Entered: 06/23/2006)
06/23/2006502 OBJECTION by Rudy L.K. Tam, Investment Group, LLC re 496 Stipulated Proposed Order (Attachments: # 1 Memorandum in Support of Objection# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Affidavit of Grant K. Kidani# 9 certificate of service)(gls, ) (Entered: 06/26/2006)
06/23/2006503 OBJECTION by PY, Inc. re 496 Stipulated Proposed Order Discharging Receiver (Attachments: # 1 Exhibit 1# 2 Exhibit A)(gls, ) (Entered: 06/26/2006)
06/23/2006504 First Amended Objection by Rudy L.K. Tam, Investment Group, LLC as to Stipulated Proposed Order (Attachments: # 1 Affidavit of Grant K. Kidani# 2 Exhibit G# 3 certificate of service)(gls, ) (Entered: 06/26/2006)
06/26/2006505 ORDER Granting Government's 500 Request for an Extension of Time to Respond to Stipulated Order Dishcarging The Receiver. Signed by Judge DAVID ALAN EZRA on 6/26/06. (gls, ) (Entered: 06/26/2006)
06/29/2006506 Certificate of Service by USA as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc. re 505 Order on Motion for Extension of Time to File Response/Reply (Nakakuni, Florence) (Entered: 06/29/2006)
06/29/2006508 NOTICE of Counsel for PY, Inc. and Request for Notice; Certificate of Service by PY, Inc. (gls, ) (Entered: 06/30/2006)
07/07/2006509 MEMORANDUM in Opposition by USA as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc. re 496 Order Government's Limited Opposition to the Court's Stipulated Proposed Order Discharging the Receiver and Certificate of Service (Nakakuni, Florence) (Entered: 07/07/2006)
08/28/2006510 JUDGMENT USCA (certified copy) as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc. re 311 Notice of Appeal, 314 Notice of Appeal - DISMISSED (Attachments: # 1 Order# 2 Opinion# 3 Labels# 4 Transmittal)(gls, ) (Entered: 08/28/2006)
08/29/2006511 NOTICE OF HEARING as to Aaron A. Rutledge, Anthony A. Rutledge, Sr, Star-Beach Boys, Inc. Status Conference Regarding Objections to Stipulated Proposed Order Discharging the Receiver set for 10/23/2006 09:45 AM before JUDGE DAVID ALAN EZRA. (tl, ) (Entered: 08/29/2006)
10/23/2006512 EP :Status Conference Regarding Objections to stipulated proposed order discharging the receiver held; Court to issue order (Court Reporter Cynthia Fazio.) (JUDGE DAVID ALAN EZRA )(gls, ) (Entered: 10/25/2006)
10/25/2006513 ORDER Granting The Government's Limited Opposition To The Court's Stipulated Proposed Order Discharging The Receiver re 509 . Signed by Judge DAVID ALAN EZRA on 10/25/06. (gls, ) (Entered: 10/25/2006)
10/25/2006514 ORDER Denying Unity House, Incorporated's Partial Objection To Stipulated Proposed Disharging The Receiver, Filed June 5, 2006 re 499 . Signed by Judge DAVID ALAN EZRA on 10/25/06. (gls, ) (Entered: 10/25/2006)
10/25/2006515 ORDER Denying Rudy L.K. Tam and Investment Group, LLC's First Amended Objection To Stipulated Proposed Order Discharging The Receiver re 504 . Signed by Judge DAVID ALAN EZRA on 10/25/06. (gls, ) (Entered: 10/25/2006)
10/25/2006516 ORDER Granting In Part And Denying In Part PY, Inc.'s Objections To Stipulated Proposed Order Discharging The Receiver re 503 . Signed by Judge DAVID ALAN EZRA on 10/25/06. (gls, ) (Entered: 10/25/2006)
11/01/2006517 SATISFACTION OF JUDGMENT and Release of Notice of Lien (Ching, Edric) (Entered: 11/01/2006)
11/20/2006519 Amended Stipulated Final Order Discharging the Receiver . Signed by Judge DAVID ALAN EZRA on 11/20/2006. (Attachments: # 1 Exhibit 1) (gab, ) (Entered: 11/21/2006)
04/11/2008522 PROBATION FORM 34-Termination of Probation as to Star-Beach Boys, Inc.. Signed by JUDGE DAVID ALAN EZRA on April 10, 2008. (bbb, ) (Entered: 04/14/2008)
07/18/2011524 EX PARTE MOTION TO DISMISS THE EX PARTE POST-INDICTMENT RESTRAINING ORDER GRANTED DECEMBER 10, 2004 and ORDER re: (229). Signed by Judge BARRY M. KURREN on 7/15/2011. (afc)
CERTIFICATE OF SERVICE
Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).
(Entered: 07/18/2011)