CLOSED_2007

U.S. DISTRICT COURT
U.S. District Court, Western District of New York (Buffalo)
CRIMINAL DOCKET FOR CASE #: 1:02-cr-00171-RJA-HKS All Defendants


Case title: USA v. USA Remediation Inc., et al

Date Filed: 09/09/2002
Date Terminated: 07/12/2007

Assigned to: Hon. Richard J. Arcara
Referred to: Hon. H. Kenneth Schroeder, Jr

Defendant (1)
USA Remediation Services Inc. and Comprehensive Employment Management, Inc.
TERMINATED: 02/03/2003

Pending Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2)
FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2s-7s)
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(3)
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(4)
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(5)
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(6)
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(7)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Hon. Richard J. Arcara
Referred to: Hon. H. Kenneth Schroeder, Jr

Defendant (1)
USA Remediation Services, Inc.
TERMINATED: 02/16/2006
represented byJohn R. Parrinello
The Parrinello Law Firm, LLP
36 W. Main Street
Suite 400
Rochester, NY 14614
585-454-2321
Fax: 585-454-6626
Email: parrinellolawfirm@frontier.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
Court sentenced Defendant to fine of $250,000.00 on each of 2 Counts (total $500,000.00); 3 years Probation (concurrent); $800.00 Special Assessment.
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2-7)
FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2s)
Court sentenced Defendant to fine of $250,000.00 on each of 2 Counts (total $500,000.00); 3 years Probation (concurrent); $800.00 Special Assessment.
FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(3s-7s)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Hon. Richard J. Arcara
Referred to: Hon. H. Kenneth Schroeder, Jr

Defendant (2)
Comprehensive Employee Management, Inc.
TERMINATED: 07/12/2007
also known as
. CEM, Inc.
TERMINATED: 07/12/2007
represented byJohn J. Schober
Schober & Schober
625 Central Avenue
Dunkirk, NY 14048
(716) 366-3075
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
dismissed
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
dismissed
FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2-7)
dismissed
FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2s-7s)
dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Hon. Richard J. Arcara
Referred to: Hon. H. Kenneth Schroeder, Jr

Defendant (3)
Mark Jamieson
TERMINATED: 08/03/2005
represented byPatrick J. Brown
LoTempio & Brown
181 Franklin Street
Buffalo, NY 14202
(716) 855-3761
Fax: 716-855-3437
Email: pbrown@lotempioandbrown.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
dismissed
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2)
Defendant is sentenced to the Custody of the Bureau of Prisons for a term of 26 months (Court recommended alcohol treatment); 2 years Supervised Release (alcohol testing and treatment); no fine; special assessment $100.00; defendant has right to appeal; defendant remanded.
FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2s-7s)
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(3)
dismissed
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(4)
dismissed
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(5)
dismissed
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(6)
dismissed
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(7)
dismissed

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Hon. Richard J. Arcara
Referred to: Hon. H. Kenneth Schroeder, Jr

Defendant (4)
Robert Birmingham
TERMINATED: 06/30/2003
represented byRodney O. Personius
Personius Melber LLP
2100 Main Place Tower
350 Main Street
Buffalo, NY 14202
(716) 855-1050
Fax: 716-855-1052
Email: rop@personiusmelber.com
TERMINATED: 06/30/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Dismissed
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2)
Defendant is sentenced to the custody of the Bureau of Prisons for 37 months, with credit for time served and to be served in State Custody, (child support) residential drug treatment recommended. 3 years supervised release (drug-alcohol testing trea tment and warrantless searches.) fine waived, $100 assessment. Counts 1, 3-7 dismissed. JTE
FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2s-7s)
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(3)
Dismissed
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(4)
Dismissed
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(5)
Dismissed
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(6)
Dismissed
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(7)
Dismissed

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Hon. Richard J. Arcara
Referred to: Hon. H. Kenneth Schroeder, Jr

Defendant (5)
John Toner
TERMINATED: 09/22/2006
represented byJoseph M. LaTona
403 Main Street
Suite 716
Buffalo, NY 14203
(716) 842-0416
Fax: (716) 853-2892
Email: sandyw@tomburton.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Robert G. Walsh
Law Offices of Robert G. Walsh, P.C.
3819 South Park Avenue
Blasdell, NY 14219
716-825-2203
Fax: 716-825-3433
Email: bobwalsh@wf-c.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
FEDERAL ENFORCEMENT PROCEDURES, PENALTY 42:7413
(1ss)
Court sentenced Defendant to the Custody of the Bureau of Prisons for a term of seven (7) months; one (1) year Supervised Release; $1,000 fine; $25.00 Special Assessment; court granted Defendant Voluntary Surrender; Indictment dismissed.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
dismissed
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
dismissed
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2)
dismissed
FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2s-7s)
dismissed
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(3)
dismissed
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(4)
dismissed
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(5)
dismissed
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(6)
dismissed
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(7)
dismissed
18:1001.F STATEMENTS OR ENTRIES GENERALLY
(8)
dismissed
STATEMENTS OR ENTRIES GENERALLY
(8s-10s)
dismissed
18:1001.F STATEMENTS OR ENTRIES GENERALLY
(9)
dismissed
18:1001.F STATEMENTS OR ENTRIES GENERALLY
(10)
dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Hon. Richard J. Arcara
Referred to: Hon. H. Kenneth Schroeder, Jr

Defendant (6)
Corey Seamon
TERMINATED: 03/09/2006
represented byMarianne Mariano
Federal Public Defender
300 Pearl Street
Suite 200
Buffalo, NY 14202
(716) 551-3341
Fax: 716-551-3346
Email: marianne_mariano@fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender Appointment

Pending Counts

Disposition
18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT
(11)
FALSE DECLARATIONS BEFORE GRAND JURY/COURT
(11s)
Court sentenced Defendant to the Custody of the Bureau of Prisons for a term of 8 months; 2 years Supervised Release (drug and alcohol testing and treatment); fine waived; $100.00 Special Assessment. Court granted voluntary surrender.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byMartin J. Littlefield
U.S. Attorney's Office
Federal Centre
138 Delaware Avenue
Buffalo, NY 14202
716-843-5829
Fax: 716-551-3052
Email: martin.littlefield@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/06/2002SEALED INDICTMENT as to USA Remediation Inc. (1) count(s) 1, 2, 3, 4, 5, 6, 7, Mark Jamieson (2) count(s) 1, 2, 3, 4, 5, 6, 7, Robert Birmingham (3) count(s) 1, 2, 3, 4, 5, 6, 7, John Toner (4) count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, Corey Seamon (5) count(s) 11 (JMD) Modified on 09/10/2002 (Entered: 09/09/2002)
09/06/2002   Arrest WARRANT issued as to Mark Jamieson (JMD) (Entered: 09/09/2002)
09/06/2002   Arrest WARRANT issued as to Robert Birmingham (JMD) (Entered: 09/09/2002)
09/06/2002   Arrest WARRANT issued as to John Toner (JMD) (Entered: 09/09/2002)
09/06/2002   Arrest WARRANT issued as to Corey Seamon (JMD) (Entered: 09/09/2002)
09/09/2002  Indictment unsealed as to USA Remediation Inc., Mark Jamieson, Robert Birmingham, John Toner, Corey Seamon (JMD) (Entered: 09/09/2002)
09/09/2002  Appearance as to Mark Jamieson, John Toner (JMD) (Entered: 09/11/2002)
09/09/2002Arraignment as to Mark Jamieson, John Toner held. Patrick Brown with defendant Jamieson and appearance of counsel to Robert Walsh for defendant Toner. Defendants enter pleas of not guilty. Defendant Toner release on signing $10,000 bond with conditions. Defendant Jamieson released on signing $10,000. bond with conditions. Status conference set for 9/18/2 at 2:00pm. Defendants waived appearance on 9/18/2. HKS (JMD) (Entered: 09/11/2002)
09/09/2002  Status conference as to Mark Jamieson, John Toner set at 2:00 pm on 9/18/02 (JMD) (Entered: 09/11/2002)
09/10/2002  Count(s) added CEM, Inc. (2) count(s) 1, 2-7 (JMD) (Entered: 02/03/2003)
09/10/2002  Count(s) added USA Remediation (7) count(s) 1, 2-7 (JMD) (Entered: 02/03/2003)
09/10/2002ORDER Setting Conditions of Release as to Mark Jamieson Bond set to $10,000 Signature ( Signed by USMJ H. K. Schroeder Jr. ) (JMD) Modified on 09/10/2002 (Entered: 09/10/2002)
09/10/2002ORDER Setting Conditions of Release as to John Toner Bond set to $10,000 Signature ( Signed by USMJ H. K. Schroeder Jr. ) (JMD) (Entered: 09/10/2002)
09/11/2002 Appearance BOND entered by Mark Jamieson in Amount $ 10.000. (JMD) (Entered: 09/11/2002)
09/11/2002 Appearance BOND entered by John Toner in Amount $ 10.000. (JMD) (Entered: 09/11/2002)
09/18/2002 Appearance BOND entered by Robert Birmingham in Amount $ 10,000. (JMD) (Entered: 09/23/2002)
09/18/2002 Appearance BOND entered by Corey Seamon in Amount $ 10,000. (JMD) (Entered: 09/23/2002)
09/18/2002ORDER Setting Conditions of Release as to Corey Seamon Bond set to $10,000. signature ( Signed by USMJ H. K. Schroeder Jr. ) (JMD) (Entered: 09/23/2002)
09/18/200210 ORDER Setting Conditions of Release as to Robert Birmingham Bond set to $10,000. signature ( Signed by USMJ H. K. Schroeder Jr. ) (JMD) (Entered: 09/23/2002)
09/18/200211 Authorization for Attorney of Record to Appear for Corporation by USA Remediation Inc. (JMD) (Entered: 09/23/2002)
09/18/2002  Appearance as to USA Remediation Inc., Robert Birmingham, Corey Seamon (JMD) (Entered: 09/26/2002)
09/18/200214 Arraignment as to USA Remediation Inc., CEM, Inc., Robert Birmingham, Corey Seamon held. Defendants plead not guilty. Defendant Birmingham signs bond in the amount of $10,000. and Court sets additional terms of release to those set by Northern District of New York. Defendant Seamon requests assigned counsel. Defendant sworn and determined eligible for assigned counsel. Federal Public Defender assigned. Defendant released upon signing bond in the amount of $10.000. Defendant continued on conditions of release as set by NDNY. Status conference set for 12/4/2 at 10:00am. HKS (JMD) Modified on 02/03/2003 (Entered: 09/26/2002)
09/18/2002  Status conference as to USA Remediation Inc., Robert Birmingham, Corey Seamon set for 10:00am on 12/4/02 (JMD) (Entered: 09/26/2002)
09/19/200212 ORDER REFERRING CASE to USMJ H. K. Schroeder Jr. as to USA Remediation Inc., Mark Jamieson, Robert Birmingham, John Toner, Corey Seamon for all pretrial matters pursuant to 28 USC 636(b)(1)(A) and thereafter to file a report and recommendation. ( Signed by Senior USDJ John T. Elfvin ) Notice and copy to Marianne Mariano, Robert G. Walsh, Rodney O. Personius, Patrick J. Brown, John R. Parrinello, Martin J. Littlefield (JMD) (Entered: 09/23/2002)
09/19/2002  CASE REFERRED to USMJ H. K. Schroeder Jr. (JMD) (Entered: 09/23/2002)
09/23/200213 Rule 40 Documents as to Robert Birmingham, Corey Seamon received from USDC NDNY (JMD) (Entered: 09/23/2002)
10/07/200215 RESPONSE by USA as to USA Remediation Services re: Rule 12(d) Request (JMD) (Entered: 10/07/2002)
12/04/200216 Status conference as to USA Remediation Inc., Mark Jamieson, Robert Birmingham, John Toner, Corey Seamon held. Time excluded to 1/28/3. Order to be entered. HKS (JMD) (Entered: 12/05/2002)
12/04/2002  Deadline updated as to USA Remediation Inc., Mark Jamieson, Robert Birmingham, John Toner, Corey Seamon, to Continue in Interests of Justice Time Excluded from 12/4/2 to 2/28/3 (JMD) (Entered: 12/05/2002)
12/05/200217 SCHEDULING ORDER as to USA Remediation Inc., et al., setting Discovery cutoff 1/31/03; Motion Filing deadline on 2/28/03; ; Responses to Motions due on 3/28/03; replies to Responses to Motions due on 4/11/03; Oral Argument deadline 2:00 pm on 4/29/03. ( Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to Marianne Mariano, Robert G. Walsh, Rodney O. Personius, Patrick J. Brown, John R. Parrinello, Martin J. Littlefield (JMD) (Entered: 12/06/2002)
01/08/2003   Arrest WARRANT issued as to Robert Birmingham (JMD) (Entered: 01/09/2003)
01/13/200318 Initial appearance as to Robert Birmingham on arrest warrant. Defendant surrendered and was arrested. Government moves to revoke bail based on pretrial services violation report. Court grants government motion for revocation. Defendant remanded. HKS (JMD) (Entered: 01/15/2003)
02/11/200319 SCHEDULING ORDER as to USA Remediation, CEM, Inc., et al, setting Discovery cutoff 2/21/03; pretrial motions are due 3/21/03; ; Responses to Motions due on 4/18/03; ; Oral Argument deadline 2:00pm on 5/7/03. ( Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to John J. Schober, John R. Parrinello, Marianne Mariano, Robert G. Walsh, Rodney O. Personius, Patrick J. Brown, Martin J. Littlefield (JMD) (Entered: 02/11/2003)
02/26/200320 NOTICE OF MOTION and MOTION by Mark Jamieson for Bill of Particulars , for Disclosure of 404(b) 608 and 609 Material , for Disclosure of 801(d)(2)(E) material , for Brady material , to Compel Jencks Material , for Joinder in motions of co-defendants and for Discovery (JMD) (Entered: 02/26/2003)
02/28/200321 Plea Agreement as to Robert Birmingham (JMD) (Entered: 03/03/2003)
02/28/200323 PLEA of Guilty: Robert Birmingham (4) count(s) 2 Court accepts plea. Sentencing set for 8/22/3 at 1:00pm. Defendant remanded. Schedule established for submission of sentencing papers. RJA (JMD) (Entered: 03/07/2003)
02/28/2003  Sentencing set for 1:00 8/22/03 for Robert Birmingham , (4) count(s) 2 (JMD) (Entered: 03/07/2003)
03/03/200322 ORDER as to Mark Jamieson, granting counsel's request for Leave to File supplemental motion papers ( Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to John J. Schober, John R. Parrinello, Marianne Mariano, Robert G. Walsh, Rodney O. Personius, Patrick J. Brown, Martin J. Littlefield (JMD) (Entered: 03/03/2003)
03/20/200324  Arrest WARRANT Returned Executed as to Robert Birmingham on 1/10/03 (JMD) (Entered: 03/20/2003)
03/20/200325 SECOND AMENDED SCHEDULING ORDER as to USA Remediation, et al., setting Motion Filing deadline on 4/25/03 ; Responses to Motions due on 5/23/03 ; Oral Argument deadline 2:00pm on 5/28/03. Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to John J. Schober, John R. Parrinello, Marianne Mariano, Robert G. Walsh, Rodney O. Personius, Patrick J. Brown, Martin J. Littlefield (JMD) (Entered: 03/20/2003)
04/23/200326 MOTION by Mark Jamieson to Dismiss Count IV though VII and Count III with affirmation in support (JMD) (Entered: 04/25/2003)
04/23/200327 MEMORANDUM by Mark Jamieson in support of [26-1] motion to Dismiss Count IV though VII and Count III (JMD) (Entered: 04/25/2003)
04/25/200328 Third Amended SCHEDULING ORDER as to USA Remediation, CEM, Inc. et al., setting Motion Filing deadline 5/16/03 ; Responses to Motions due on 6/16/03 ; Oral Argument set for 2:00pm on 6/25/03 . Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to John J. Schober, John R. Parrinello, Marianne Mariano, Robert G. Walsh, Rodney O. Personius, Patrick J. Brown, Martin J. Littlefield (JMD) (Entered: 04/25/2003)
04/25/200329 MOTION by John Toner for Discovery , for Disclosure of brady material , for Disclosure of evidence , for Bill of Particulars , to Dismiss Counts 8 9 and 10 of the indictment , to Strike portions of Count 1 , for preservation of agent notes , for Leave to File further motions Motion Hearing set for 2:00 5/28/03 with affidavit in support (JMD) (Entered: 04/25/2003)
04/29/200330 MOTION by Rodney Personius counsel for Robert Birmingham to Withdraw as retained counsel with affirmation in support (JMD) (Entered: 04/29/2003)
05/13/200331 MOTION by Corey Seamon for Discovery , for Brady material , for Disclosure of evidence pursuant to Federal Rules of Evidence 404(b), 608 and 609 , for Disclosure of witness statements , for preservation of rough notes with affirmation and exhibit in support Motion Hearing set for 2:00 6/25/03 (JMD) (Entered: 05/13/2003)
05/15/200332 Fourth Amended SCHEDULING ORDER as to USA Remediation, et al., setting Motion Filing deadline 5/30/03; ; Responses to Motions due on 6/30/03; Oral Argument deadline set for 2:00pm on 7/2/03 . Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to John J. Schober, John R. Parrinello, Marianne Mariano, Robert G. Walsh, Rodney O. Personius, Patrick J. Brown, Martin J. Littlefield (JMD) (Entered: 05/15/2003)
05/28/200333 SCFIFTH AMENDED SHEDULING ORDER as to USA Remediation, et al., oral Argument on pretrial motions is set for 2:00pm on 7/17/03. ( Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to John J. Schober, John R. Parrinello, Marianne Mariano, Robert G. Walsh, Rodney O. Personius, Patrick J. Brown, Martin J. Littlefield (JMD) (Entered: 05/28/2003)
05/28/2003  NOTICE (JTE) as to Robert Birmingham, Motion Hearing set for 1:00pm on 6/20/03 as to: Robert Birmingham, re: (30-1) motion for Brian Melber to withdraw as counsel (JMD) (Entered: 05/29/2003)
05/29/200334 Statement Regarding Presentence Investigation Report by USA as to Robert Birmingham (JMD) (Entered: 05/29/2003)
05/29/200335 MOTION by USA as to Robert Birmingham for Downward Departure with affidavit in support (JMD) (Entered: 05/29/2003)
05/30/200336 Sixth Amended SCHEDULING ORDER as to USA Remediation, et al., setting Motion Filing deadline 6/30/03; ; Responses to Motions due on 8/15/03; Oral Argument deadline 2:00pm on 8/27/03. Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to John J. Schober, John R. Parrinello, Marianne Mariano, Robert G. Walsh, Rodney O. Personius, Patrick J. Brown, Martin J. Littlefield (JMD) (Entered: 06/02/2003)
06/10/200337 MOTION by Robert Birmingham for Horizontal Departure with affirmation and exhibits in support (JMD) (Entered: 06/10/2003)
06/10/200338 MEMORANDUM of LAW by Robert Birmingham in support of [37-1] motion for Horizontal Departure (JMD) (Entered: 06/10/2003)
06/13/2003  NOTICE (JTE) as to Robert Birmingham, Motion Hearing set for 4:15pm on 6/30/03 as to: Robert Birmingham, re: (37-1) motion for downward departure , Response papers are due 6/20/03. Reply papers are due 6/25/03. (JMD) (Entered: 06/19/2003)
06/24/200339 RESPONSE by USA as to Robert Birmingham re [37-1] motion for Horizontal Departure (JMD) (Entered: 06/24/2003)
06/26/200340 CJA 20 as to Robert Birmingham : Appointment of Attorney Rodney Personius Voucher # 030626000058 ( Signed by Senior USDJ John T. Elfvin ) (JMD) (Entered: 06/26/2003)
06/27/200341 SENTENCING MEMORANDUM by Robert Birmingham (JMD) (Entered: 06/27/2003)
06/27/200342 STATEMENT by Robert Birmingham With Respect to Sentencing Factors. (JMD) (Entered: 06/27/2003)
06/30/200343 MOTION by USA Remediation for Bill of Particulars , for Discovery and Inspection , for Brady material , for Disclosure of witness statements , in Limine , for preservation of rough notes , to Dismiss with affidavit in support Motion Hearing set for 2:00 8/27/03 (JMD) (Entered: 07/02/2003)
06/30/200345 Sentencing held Robert Birmingham (4) count(s) 2. Defendant is sentenced to the custody of the Bureau of Prisons for 37 months, with credit for time served and to be served in State Custody, (child support) residential drug treatment recommended. 3 years supervised release (drug-alcohol testing treatment and warrantless searches.) fine waived, $100 assessment. Counts 1, 3-7 dismissed. JTE (JMD) (Entered: 07/07/2003)
06/30/2003  DISMISSAL of Count(s) on Government Motion as to Robert Birmingham count(s) 1, 3, 4, 5, 6, 7 (JMD) (Entered: 07/07/2003)
07/02/200344 MOTION by CEM, Inc. for Discovery , for Disclosure of brady material , for Disclosure of evidence , for Bill of Particulars , for Joinder in motions of co-defendant USA Remediation , for Joinder in motions of co-defendants , to Dismiss , for preservation of rough notes , for Leave to File further motions with affidavit in support Motion Hearing set for 2:00 8/27/03 (JMD) (Entered: 07/02/2003)
07/10/200346 JUDGMENT as to Robert Birmingham (4) count(s) 2. Defendant is sentenced to the custody of the Bureau of Prisons for 37 months, with credit for time served and to be served in State Custody, (child support) residential drug treatment recommended. 3 years supervised release (drug-alcohol testing treatment and warrantless searches.) fine waived, $100 assessment. Counts 1, 3-7 dismissed. JTE ( Signed by Senior USDJ John T. Elfvin ) Notice and copy to Rodney O. Personius, Martin J. Littlefield US Marshal US Probation Debt Collection (JMD) (Entered: 07/10/2003)
07/22/200347  Arrest WARRANT Returned Executed as to Mark Jamieson on 9/9/02 (JMD) (Entered: 07/22/2003)
07/22/200348  Arrest WARRANT Returned Executed as to John Toner on 9/9/02 (JMD) (Entered: 07/22/2003)
08/14/200349 ORDER as to USA Remediation, CEM, Inc., Mark Jamieson, John Toner, Corey Seamon, oral argument is adjourned to 10:30am on 10/2/03. , to Continue in Interests of Justice Time Excluded from 8/14/3 to 10/2/3 ( Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to John J. Schober, John R. Parrinello, Marianne Mariano, Robert G. Walsh, Patrick J. Brown, Martin J. Littlefield (JMD) (Entered: 08/15/2003)
08/15/200350 RESPONSE by USA as to CEM, Inc. re [44-1] motion for Discovery, [44-2] motion for Disclosure of brady material, [44-3] motion for Disclosure of evidence, [44-4] motion for Bill of Particulars, [44-5] motion for Joinder in motions of co-defendant USA Remediation, [44-6] motion for Joinder in motions of co-defendants, [44-7] motion to Dismiss, [44-8] motion for preservation of rough notes, [44-9] motion for Leave to File further motions (JMD) (Entered: 08/15/2003)
08/15/200351 RESPONSE by USA as to USA Remediation re [43-1] motion for Bill of Particulars, [43-2] motion for Discovery and Inspection, [43-3] motion for Brady material, [43-4] motion for Disclosure of witness statements, [43-5] motion in Limine, [43-6] motion for preservation of rough notes, [43-7] motion to Dismiss (JMD) (Entered: 08/15/2003)
08/15/200352 RESPONSE by USA as to John Toner re [29-1] motion for Discovery, [29-2] motion for Disclosure of brady material, [29-3] motion for Disclosure of evidence, [29-4] motion for Bill of Particulars, [29-5] motion to Dismiss Counts 8 9 and 10 of the indictment, [29-6] motion to Strike portions of Count 1, [29-7] motion for preservation of agent notes, [29-8] motion for Leave to File further motions (JMD) (Entered: 08/15/2003)
08/15/200353 RESPONSE by USA as to Mark Jamieson re [26-1] motion to Dismiss Count IV though VII and Count III, [20-1] motion for Bill of Particulars, [20-2] motion for Disclosure of 404(b) 608 and 609 Material, [20-3] motion for Disclosure of 801(d)(2)(E) material, [20-4] motion for Brady material, [20-5] motion to Compel Jencks Material, [20-6] motion for Joinder in motions of co-defendants, [20-7] motion for Discovery (JMD) (Entered: 08/15/2003)
08/15/200354 RESPONSE by USA as to Corey Seamon re [31-1] motion for Discovery, [31-2] motion for Brady material, [31-3] motion for Disclosure of evidence pursuant to Federal Rules of Evidence 404(b), 608 and 609, [31-4] motion for Disclosure of witness statements, [31-5] motion for preservation of rough notes (JMD) (Entered: 08/15/2003)
08/15/200355 AFFIDAVIT by Martin Littlefield, Esq. for USA as to John Toner in opposition to [29-5] motion to Dismiss Counts 8 9 and 10 of the indictment (JMD) (Entered: 08/15/2003)
08/29/200356 CJA 20 Authorization to pay Rodney O. Personius for defendant Robert Birmingham , Amount: $ 4,059.41 Voucher # 030626000058 ( Signed by Senior USDJ John T. Elfvin ) (JMD) (Entered: 08/29/2003)
10/02/200357 Minute entry/oral argument on defendants motions as to USA Remediation, CEM, Inc., Mark Jamieson, John Toner, Corey Seamon : transcript to be filed by 11/14/3. Defendants to file memorandum of law by 11/28/3. Government to respond by 12/10/3 at which time the matter will be taken under advisement. HKS (JMD) (Entered: 10/03/2003)
11/14/200358 TRANSCRIPT of Proceedings as to USA Remediation Services Inc. et al., held on October 2, 2003 before Judge H. Kenneth Schroeder, Jr. Court Reporter: Michelle McLaughlin. Pages 1-101 (JMD, ) (Entered: 11/14/2003)
11/28/200359 SUPPLEMENTAL AFFIRMATION by Bruce E. Freeman for USA Remediation Services, in support of 43 Ominbus Motion (JMD, ) (Entered: 12/02/2003)
12/10/200360 MEMORANDUM/BRIEF/RESPONSE by USA as to USA Remediation Services, Inc. to supplemental affirmation dated November 28, 2003 (JMD, ) (Entered: 12/10/2003)
01/12/200461 ORDER TO CONTINUE - Ends of Justice as to Comprehensive Employee Management, Inc., USA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, John Toner, Corey Seamon, Time excluded from 01/12/04 until 2/10/04. Signed by Judge H. Kenneth Schroeder Jr. on 01/12/04. (Guidotti, L.) (Entered: 01/12/2004)
02/10/200462 ORDER TO CONTINUE - Ends of Justice as to USA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, Robert Birmingham, John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. Time excluded from 2/11/04 until 3/10/04. . Signed by Judge H. Kenneth Schroeder Jr. on 2/10/04. (LMP, ) (Entered: 02/10/2004)
03/10/200463 ORDER TO CONTINUE - Ends of Justice as to USA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, Robert Birmingham, John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. Time excluded from 3/11/04 until 4/10/04. . Signed by Judge H. Kenneth Schroeder Jr. on 3/9/04. (LMP, ) (Entered: 03/10/2004)
03/31/200464 ORDER as to John Toner modifying conditions of release. Signed by Judge H. Kenneth Schroeder Jr. on 3/30/04. In addition to noticed parties copies also forwarded to US Marshal US Probation (JMD, ) (Entered: 04/01/2004)
04/09/200465 ORDER TO CONTINUE - Ends of Justice as to USA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, Robert Birmingham, John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. Time excluded from 4/11/04 until 5/10/04. . Signed by Judge H. Kenneth Schroeder Jr. on 4/8/04. (LMP, ) (Entered: 04/09/2004)
05/10/200466 ORDER TO CONTINUE - Ends of Justice as to USA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. Time excluded from 5/11/04 until 6/10/04. . Signed by Judge H. Kenneth Schroeder Jr. on 5/10/04. (LMP, ) (Entered: 05/10/2004)
06/14/200467 ORDER TO CONTINUE - Ends of Justice as to USA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, Robert Birmingham, John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. Time excluded from 6/14/04 until 7/12/04. . Signed by Judge H. Kenneth Schroeder Jr. on 6/10/04. (JMD, ) (Entered: 06/15/2004)
06/25/200468  MOTION to Reduce Sentence Motion Pursuant to Rule 35 of the Federal Rules of Criminal Procedure & Affidavit by USA as to Robert Birmingham. (Littlefield, Martin) (Entered: 06/25/2004)
06/30/2004  **PLEASE NOTE** Minute Entry before Judge John T. Elfvin : Re Docket #68: USA's MOTION PURSUANT TO RULE 35: Responses due by 8/6/2004 Replies due by 8/11/2004. Motion Hearing set for 8/16/2004 01:00 PM before Hon. John T. Elfvin. (JBS, ) Modified on 6/30/2004 (JBS, ).**PLEASE NOTE - DATE CORRECTED" "MOTION HEARING SET FOR 8/13/04 01:00 PM before Hon. John T. Elfvin. Modified on 6/30/2004 (JBS, ). (Entered: 06/30/2004)
07/09/200469 ORDER TO CONTINUE - Ends of Justice as to USA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, Robert Birmingham, John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. Time excluded from 7/9/04 until 8/11/04. . Signed by Judge H. Kenneth Schroeder Jr. on 7/9/04. (JMD, ) (Entered: 07/13/2004)
08/09/2004  Set/Reset Deadlines re Motion or Report and Recommendation in case as to Robert Birmingham 68 MOTION to Reduce Sentence Motion Pursuant to Rule 35 of the Federal Rules of Criminal Procedure & Affidavit. Responses due by 9/17/2004 Replies due by 9/22/2004. Motion Hearing set for 9/24/2004 01:00 PM before Hon. John T. Elfvin. (JBS, ) (Entered: 08/09/2004)
08/09/200470 ORDER TO CONTINUE - Ends of Justice as to USA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, Robert Birmingham, John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. Time excluded from 8/12/04 until 9/11/04. Signed by Judge H. Kenneth Schroeder Jr. on 8/9/04. (LMP, ) (Entered: 08/09/2004)
09/13/200471 ORDER TO CONTINUE - Ends of Justice as to USA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, Robert Birmingham, John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. Time excluded from 9/12/04 until 10/12/04. . Signed by Judge H. Kenneth Schroeder Jr. on 9/10/04. (LMP, ) (Entered: 09/13/2004)
09/16/200472 Amended MOTION for Downward Departure GOVERNMENT'S RULE 35 AMENDED MOTION by USA as to Robert Birmingham. (Attachments: # 1)(Littlefield, Martin) (Entered: 09/16/2004)
09/17/200473 RESPONSE to Motion by Robert Birmingham re 72 Amended MOTION for Downward Departure GOVERNMENT'S RULE 35 AMENDED MOTION (Personius, Rodney) (Entered: 09/17/2004)
09/24/2004  Minute Entry for proceedings held before Judge John T. Elfvin :Motion Pursuant to Rule 35 as to Robert Birmingham held on 9/24/04; Court changed current sentence as to Defendant Birmingham as follows; Defendant is sentenced to the Custody of the Bureau of Prisons for a term of 30 months. Remainder of sentence remains the same. Mr. Personius assigned to case as of 5/1/04. JTE (Court Reporter kp.) (JBS, ) (Entered: 09/30/2004)
09/27/200474 CJA 20 as to Robert Birmingham : Appointment of Attorney Rodney O. Personius for Robert Birmingham. . Signed by Judge John T. Elfvin on 9/23/04. (JMD, ) (Entered: 09/27/2004)
10/06/200475 AMENDED JUDGMENT as to Robert Birmingham (4), Count(s) 1, 3, 4, 5, 6, 7, Dismissed; Count(s) 2, Defendant is sentenced to the custody of the Bureau of Prisons for 30 months to run concurrent to the New York State 3 years supervised release. Additional certified copies forwarded to USPO, USM, US Attorney, Debt Collection, Financial Department. . Signed by Judge John T. Elfvin on 10/6/04. (JDK, ) (Entered: 10/06/2004)
10/12/200476 ORDER TO CONTINUE - Ends of Justice as to USA Remediation Services Inc. et al., Time excluded from 10/8/04 until 11/12/04. . Signed by Judge H. Kenneth Schroeder Jr. on 10/8/04. (JDK, ) (Entered: 10/12/2004)
10/22/200477 CJA 20 as to Robert Birmingham: Authorization to Pay Rodney Personius. Amount: $ 461.31, Voucher # 040922000083. . Signed by Judge John T. Elfvin on 10/18/04. (JDK, ) (Entered: 10/25/2004)
11/12/200478 ORDER TO CONTINUE - Ends of Justice as to USA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, Robert Birmingham, John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. Time excluded from 11/12/04 until 12/12/04. . Signed by Judge H. Kenneth Schroeder Jr. on 11/12/04. (JDK, ) (Entered: 11/16/2004)
11/23/200479 ORDER as to Corey Seamon granting in part and denying in part omnibus discovery motion. Signed by Judge H. Kenneth Schroeder Jr. on 11/22/04. (JDK, ) (Entered: 11/23/2004)
11/23/200480 ORDER as to Mark Jamieson granting in part and denying in part omnibus discovery motion. Signed by Judge H. Kenneth Schroeder Jr. on 11/22/04. (JDK, ) (Entered: 11/23/2004)
11/23/200481 REPORT AND RECOMMENDATIONS as to John Toner recommending defendants 29 Motion to dismiss be denied Objections due ten days from receipt. . Signed by Judge H. Kenneth Schroeder Jr. on 11/22/04. (JDK, ) (Entered: 11/23/2004)
11/23/200482 REPORT AND RECOMMENDATIONS as to USA Remediation Services, Inc. recommending defendants 43 Motion to Dismiss be denied Objections due ten days from receipt. . Signed by Judge H. Kenneth Schroeder Jr. on 11/22/04. (JDK, ) (Entered: 11/23/2004)
11/23/200483 REPORT AND RECOMMENDATIONS as to Mark Jamieson, Comprehensive Employee Management, Inc. recommending defendants 44 Motions be granted in part and denied in part Objections due ten days from receipt. . Signed by Judge H. Kenneth Schroeder Jr. on 11/22/04. (JDK, ) (Entered: 11/23/2004)
11/23/200484 ORDER as to USA Remediation Services, Inc. recommending defendants 43 Omnibus Discovery Motion be granted in part and denied in part. Signed by Judge H. Kenneth Schroeder Jr. on 11/22/04. (JDK, ) (Entered: 11/23/2004)
11/23/200485 ORDER as to Comprehensive Employee Management, Inc. recommending defendants 44 Omnibus discovery Motion be granted in part and denied in part. Signed by Judge H. Kenneth Schroeder Jr. on 11/22/04. (JDK, ) (Entered: 11/23/2004)
11/23/200486 ORDER as to John Toner recommending defendants 29 Omnibus Discovery Motion be granted in part and denied in part . Signed by Judge H. Kenneth Schroeder Jr. on 11/22/04. (JDK, ) (Entered: 11/23/2004)
11/23/200487  MOTION for Extension of Time to File by Mark Jamieson. (Brown, Patrick) (Entered: 11/23/2004)
11/29/200488 First MOTION for Extension of Time to File Objections to Magistrate Judge's Report and Recommendation and Appeal from Magistrate Judge's Decision and Order by John Toner. (Walsh, Robert) (Entered: 11/29/2004)
11/30/200489 ORDER granting 88 Motion for Extension of Time to File any objections to Report and Recommendation and appeal to Decision and Order as to John Toner (5)-- such to be filed no later than 1/3/05. Signed by Judge John T. Elfvin on 11/30/04. (RAZ) (Entered: 11/30/2004)
11/30/2004  Reset Deadlines re Report and Recommendation in case as to John Toner 81 Objections to R&R due by 1/3/2005. (RAZ) (Entered: 11/30/2004)
11/30/2004  Reset Deadlines as to John Toner: Motions/Appeal to Decision & Order filed 11/23/04 due by 1/3/2005. (RAZ) (Entered: 11/30/2004)
11/30/200490 ORDER granting 87 Motion for Extension of Time to File any objections to Report and Recommendation and appeal to Decision and Order as to Mark Jamieson (3) -- such to be filed no later than 1/3/05. Signed by Judge John T. Elfvin on 11/29/04. (RAZ) (Entered: 11/30/2004)
11/30/2004  Reset Deadlines re Report and Recommendation in case as to Mark Jamieson 83 . Objections to R&R due by 1/3/2005 (RAZ) (Entered: 11/30/2004)
11/30/2004  Reset Deadlines as to Mark Jamieson: Motions/Appeal to Decision & Order filed 11/23/04 due by 1/3/2005. (RAZ) (Entered: 11/30/2004)
12/02/200491  MOTION for Extension of Time to File by Corey Seamon. (Mariano, Marianne) (Entered: 12/02/2004)
12/02/200492  MOTION for Extension of Time to File by USA Remediation Services, Inc.. (Parrinello, John) (Entered: 12/02/2004)
12/02/2004  E-Filing NOTICE: 92 *Document is not a Motion, document is a letter, attorney directed to re-file to comply with procedures for filing motions* (Entered: 12/03/2004)
12/03/200493 ORDER that the time to serve and file any objections to the Report and Recomendation filed November 23, 2004 and any appeal to the Decision and Order filed November 23, 2004 is extended to January 3, 2005 -- order is directed to all parties. Signed by Judge John T. Elfvin on 12/3/04. (RAZ) (Entered: 12/03/2004)
12/03/2004  Reset Deadlines re objections to 83 REPORT AND RECOMMENDATIONS as to Mark Jamieson, Comprehensive Employee Management, Inc. and 81 REPORT AND RECOMMENDATIONS as to John Toner and 82 REPORT AND RECOMMENDATIONS as to USA Remediation Services, Inc. Objections to R&R due by 1/3/2005 (RAZ) (Entered: 12/03/2004)
12/29/200494 OBJECTION TO REPORT AND RECOMMENDATIONS 83 by Mark Jamieson (Brown, Patrick) (Entered: 12/29/2004)
12/29/200495 NOTICE by John Toner re 86 Order Defendant John Toner's Objections to the Magistrate/Judge's Decision & Order Dated November 22, 2004 (Walsh, Robert) (Entered: 12/29/2004)
12/29/200496 NOTICE by Mark Jamieson APPEAL FROM MAGISTRATE JUDGE SCHROEDER'S DECISION AND ORDER DATED NOVEMBER 22, 2004 (Brown, Patrick) (Entered: 12/29/2004)
12/30/200497 OBJECTION TO REPORT AND RECOMMENDATIONS 81 by John Toner Defendant John Toner's Objections to the Magistrate/Judge's Report and Recommendation Dated November 22, 2004 (Walsh, Robert) (Entered: 12/30/2004)
01/03/200598 Appeal of Magistrate Judge Schroeder's decision and order dated/11/22/04 by Comprehensive Employee Management, Inc. (JDK, ) (Entered: 01/03/2005)
01/03/200599 RESPONSE in Opposition by USA Remediation Services, Inc. re 82 REPORT AND RECOMMENDATIONS as to USA Remediation Services, Inc. re 43 Motion for Bill of ParticularsMotion for DiscoveryMotion for DiscoveryMotion for Release of Brady MaterialsMotion for Release of Brady MaterialsMotion for DiscoveryMotion for Disco Objections to Report, Recommendation and Order (Parrinello, John) (Entered: 01/03/2005)
01/03/2005100 MEMORANDUM IN OPPOSITION re 85 Order, 86 Order, 83 REPORT AND RECOMMENDATIONS as to Mark Jamieson, Comprehensive Employee Management, Inc. re 44 Motion for DiscoveryMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for Bill of ParticularsMotion for Bill of Par, 82 REPORT AND RECOMMENDATIONS as to USA Remediation Services, Inc. re 43 Motion for Bill of ParticularsMotion for DiscoveryMotion for DiscoveryMotion for Release of Brady MaterialsMotion for Release of Brady MaterialsMotion for DiscoveryMotion for Disco, 80 Order, 84 Order, 81 REPORT AND RECOMMENDATIONS as to John Toner re 29 Motion for DiscoveryMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for Bill of ParticularsMotion for Bill of ParticularsMotion to DismissMotion to DismissMot, 79 Order GOVERNMENT STATEMENT AND OBJECTION TO REPORTS AND RECOMMENDATIONS AND ORDERS by USA as to USA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. (Littlefield, Martin) (Entered: 01/03/2005)
01/05/2005  Set/Reset Deadlines re Motion or Report and Recommendation in case as to USA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, John Toner, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. 83 REPORT AND RECOMMENDATIONS as to Mark Jamieson, Comprehensive Employee Management, Inc. re 44 Motion for DiscoveryMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for Bill of ParticularsMotion for Bill of Par, 81 REPORT AND RECOMMENDATIONS as to John Toner re 29 Motion for DiscoveryMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for Bill of ParticularsMotion for Bill of ParticularsMotion to DismissMotion to DismissMot, 82 REPORT AND RECOMMENDATIONS as to USA Remediation Services, Inc. re 43 Motion for Bill of ParticularsMotion for DiscoveryMotion for DiscoveryMotion for Release of Brady MaterialsMotion for Release of Brady MaterialsMotion for DiscoveryMotion for Disco Responses due by 1/28/2005 Replies due by 2/2/2005. Motion Hearing set for 2/4/2005 01:00 PM before Hon. John T. Elfvin. Objections to R&R due by 1/3/2005 Arguments on Appeal of 84 ORDER as to USA Remediation Services, Inc. recommending defendants 43 Omnibus Discovery Motion be granted in part and denied in part. Signed by Judge H. Kenneth Schroeder Jr. on 11/22/04 85 ORDER as to Comprehensive Employee Management, Inc. recommending defendants 44 Omnibus discovery Motion be granted in part and denied in part. Signed by Judge H. Kenneth Schroeder Jr. on 11/22/04, 86 ORDER as to John Toner recommending defendants 29 Omnibus Discovery Motion be granted in part and denied in part. Signed by Judge H. Kenneth Schroeder Jr. on 11/22/04, 96 NOTICE by Mark Jamieson APPEAL FROM MAGISTRATE JUDGE SCHROEDER'S DECISION AND ORDER DATED NOVEMBER 22, 2004, 98 Appeal of Magistrate Judge Schroeder's decision and order dated/11/22/04 by Comprehensive Employee Management, Inc.(JBS, ) (Entered: 01/05/2005)
01/25/2005101 MEMORANDUM IN OPPOSITION re 98 Remark, 83 REPORT AND RECOMMENDATIONS, 85 Order GOVERNMENT RESPONSE TO DEFENDANT CEM'S OBJECTION TO THE MAGISTRATE'S DECISION & ORDER AND REPORT & RECOMMENDATION (DOCKET #98) by USA as to Comprehensive Employee Management, Inc. (Littlefield, Martin) (Entered: 01/25/2005)
01/25/2005102 MEMORANDUM IN OPPOSITION re 82 REPORT AND RECOMMENDATIONS as to USA Remediation Services, Inc. re 43 Motion for Bill of ParticularsMotion for DiscoveryMotion for DiscoveryMotion for Release of Brady MaterialsMotion for Release of Brady MaterialsMotion for DiscoveryMotion for Disco, 84 Order, 99 Response in Opposition, GOVERNMENT RESPONSE TO DEFENDANT USA REMEDIATION SERVICES OBJECTION TO THE REPORT & RECOMMENDATION OF MAGISTRTE JUDGE SCHROEDER (DOCKET #99) by USA as to USA Remediation Services, Inc. (Littlefield, Martin) (Entered: 01/25/2005)
01/25/2005103 MEMORANDUM IN OPPOSITION re 83 REPORT AND RECOMMENDATIONS as to Mark Jamieson, Comprehensive Employee Management, Inc. re 44 Motion for DiscoveryMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for Bill of ParticularsMotion for Bill of Par, 94 Objection to Report and Recommendations, 96 Notice (Other), 80 Order GOVERNMENT RESPONSE TO DEFENDANT JAMIESON'S OBJECTION/APPEAL FROM THE MAGISTRATE'S DECISION & ORDER AND REPORT & RECOMMENDATION (DOCKETS #96 & 94) by USA as to Mark Jamieson (Attachments: # 1)(Littlefield, Martin) (Entered: 01/25/2005)
01/25/2005104 MEMORANDUM IN OPPOSITION re 86 Order, 95 Notice (Other), 97 Objection to Report and Recommendations, 81 REPORT AND RECOMMENDATIONS as to John Toner re 29 Motion for DiscoveryMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for Bill of ParticularsMotion for Bill of ParticularsMotion to DismissMotion to DismissMot GOVERNMENT RESPONSE TO DEFENDANT TONER'S OBJECTIONS/APPEAL OF THE MAGISTRATE JUDGE'S DECISION & ORDER AND REPORT & RECOMMENDATION (DOCKETS #95 & 97) by USA as to John Toner (Attachments: # 1 # 2)(Littlefield, Martin) (Entered: 01/25/2005)
01/31/2005106 REPLY TO RESPONSE to Motion by USA Remediation Services, Inc. re 82 REPORT AND RECOMMENDATIONS as to USA Remediation Services, Inc. re 43 Motion for Bill of ParticularsMotion for DiscoveryMotion for DiscoveryMotion for Release of Brady MaterialsMotion for Release of Brady MaterialsMotion for DiscoveryMotion for Disco Reply to Government's Response to USA's Objections to Report, Recommendation and Order (Parrinello, John) (Entered: 01/31/2005)
02/04/2005  Minute Entry for proceedings held before Judge John T. Elfvin :Motion Hearing as to Mark Jamieson, John Toner, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. held on 2/4/2005 re 83 REPORT AND RECOMMENDATIONS as to Mark Jamieson, Comprehensive Employee Management, Inc. re 44 Motion for DiscoveryMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for Bill of ParticularsMotion for Bill of Par, 82 REPORT AND RECOMMENDATIONS as to USA Remediation Services, Inc. re 43 Motion for Bill of ParticularsMotion for DiscoveryMotion for DiscoveryMotion for Release of Brady MaterialsMotion for Release of Brady MaterialsMotion for DiscoveryMotion for Disco, 81 REPORT AND RECOMMENDATIONS as to John Toner re 29 Motion for DiscoveryMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for Bill of ParticularsMotion for Bill of ParticularsMotion to DismissMotion to DismissMot, Motions Submitted: 83 REPORT AND RECOMMENDATIONS as to Mark Jamieson, Comprehensive Employee Management, Inc. re 44 Motion for DiscoveryMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for Bill of ParticularsMotion for Bill of Par, 82 REPORT AND RECOMMENDATIONS as to USA Remediation Services, Inc. re 43 Motion for Bill of ParticularsMotion for DiscoveryMotion for DiscoveryMotion for Release of Brady MaterialsMotion for Release of Brady MaterialsMotion for DiscoveryMotion for Disco, 81 REPORT AND RECOMMENDATIONS as to John Toner re 29 Motion for DiscoveryMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for Bill of ParticularsMotion for Bill of ParticularsMotion to DismissMotion to DismissMot (Court Reporter kp.) (JBS, ) (Entered: 02/09/2005)
02/07/2005107 Certificate of Service by USA Remediation Services, Inc. re 106 Reply to Response, (Parrinello, John) (Entered: 02/07/2005)
02/09/2005108 Minute Entry for proceedings held before Judge H. Kenneth Schroeder Jr.:Initial Appearance on Summons as to Mark Jamieson held on 2/9/2005. Defendant admonished and continued on bail with terms and conditions as previously set. (LMP, ) (Entered: 02/11/2005)
02/14/2005  Minute EntryJudge John T. Elfvin :Motion Hearings as to Mark Jamieson, John Toner, Corey Seamon, USA Remediation Services, Inc. not held on 2/4/2005 re 91 MOTION for Extension of Time to File filed by Corey Seamon,, 88 First MOTION for Extension of Time to File Objections to Magistrate Judge's Report and Recommendation and Appeal from Magistrate Judge's Decision and Order filed by John Toner,, 83 REPORT AND RECOMMENDATIONS as to Mark Jamieson, Comprehensive Employee Management, Inc. re 44 Motion for Discovery Motion for Disclosure Motion for Disclosure Motion for Disclosure Motion for Disclosure Motion for Bill of Particulars Motion 82 REPORT AND RECOMMENDATIONS as to USA Remediation Services, Inc. re 43 Motion for Bill of Particulars Motion for Discovery Motion for Discovery Motion for Release of Brady MaterialsMotion for Release of Brady Materials Motion for Discovery Motion for Disco, 87 MOTION for Extension of Time to File filed by Mark Jamieson,, 92 MOTION for Extension of Time to File filed by USA Remediation Services, Inc., 81 REPORT AND RECOMMENDATIONS as to John Toner re 29 Motion for Discovery Motion for Disclosure Motion for Bill of Particulars Motion to Dismiss MotionALL ABOVE MOTIONS ARE Set/Reset TO BE HEARD 2/25/05 01:00 P.M. Hon. John T. Elfvin. (JBS, ) (Entered: 02/14/2005)
02/14/2005  Set/Reset Deadlines re Motion or Report and Recommendation in case as to USA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, Robert Birmingham, John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. Motion Hearing set for 2/25/2005 01:00 PM before Hon. John T. Elfvin. (JDK, ) (Entered: 02/15/2005)
02/18/2005  Set/Reset Deadlines re Motion or Report and Recommendation in case as to USA Remediation Services, Inc. 82 REPORT AND RECOMMENDATIONS as to USA Remediation Services, Inc. re 43 Motion for Bill of ParticularsMotion for DiscoveryMotion for DiscoveryMotion for Release of Brady MaterialsMotion for Release of Brady MaterialsMotion for DiscoveryMotion for Disco. Motion Hearing reset for 3/11/2005 01:00 PM before Hon. John T. Elfvin. (JBS, ) (Entered: 02/18/2005)
02/18/2005  Set/Reset Deadlines re Motion or Report and Recommendation in case as to Comprehensive Employee Management, Inc. 83 REPORT AND RECOMMENDATIONS. Motion Hearing reset for 3/11/2005 01:00 PM before Hon. John T. Elfvin. (JBS, ) (Entered: 02/18/2005)
02/18/2005  Set/Reset Deadlines re Motion or Report and Recommendation in case as to Mark Jamieson 83 REPORT AND RECOMMENDATIONS as to Mark Jamieson, Comprehensive Employee Management, Inc. re 44 Motion for DiscoveryMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for Bill of ParticularsMotion for Bill of Par. Motion Hearing reset for 3/11/2005 01:00 PM before Hon. John T. Elfvin. (JBS, ) (Entered: 02/18/2005)
02/18/2005  Set/Reset Deadlines re Motion or Report and Recommendation in case as to John Toner 81 REPORT AND RECOMMENDATIONS as to John Toner re 29 Motion for DiscoveryMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for Bill of ParticularsMotion for Bill of ParticularsMotion to DismissMotion to DismissMot. Motion Hearing reset for 3/11/2005 01:00 PM before Hon. John T. Elfvin. (JBS, ) (Entered: 02/18/2005)
02/18/2005  Set/Reset Deadlines re Motion or Report and Recommendation in case as to Mark Jamieson Motion Hearing set for 3/11/2005 01:00 PM before Hon. John T. Elfvin as to 80 ORDER as to Mark Jamieson granting in part and denying in part omnibus discovery motion. (JBS, ) (Entered: 02/18/2005)
02/18/2005  Set/Reset Deadlines re Motion or Report and Recommendation in case as to Comprehensive Employee Management, Inc. Motion Hearing set for 3/11/2005 01:00 PM before Hon. John T. Elfvin as to 85 ORDER. (JBS, ) (Entered: 02/18/2005)
02/18/2005  Set/Reset Deadlines re Motion or Report and Recommendation in case as to John Toner Motion Hearing set for 3/11/2005 01:00 PM before Hon. John T. Elfvin as to 86 ORDER. (JBS, ) (Entered: 02/18/2005)
02/25/2005   Set/Reset Deadlines re Hearings on Objections to Report and Recommendations in case as to USA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, John Toner. Hearing reset for 3/11/2005 01:00 PM before Hon. John T. Elfvin. (JBS, ) (Entered: 02/25/2005)
03/07/2005109 TRANSCRIPT of Proceedings as to USA Remediation Services Inc. et al., held on 2/4/05 before Judge John T. Elfvin. Court Reporter: Michelle McLaughlin. Pages 1-11, transcript maintained in paper form in the Clerk' s office (JDK, ) (Entered: 03/07/2005)
03/11/2005  Minute Entry for proceedings held before Judge John T. Elfvin :Hearing as to John Toner, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. held on 3/11/2005 re 83 REPORT AND RECOMMENDATIONS, 82 REPORT AND RECOMMENDATIONS as to USA Remediation Services, Inc. re 43 Motion for Bill of ParticularsMotion for DiscoveryMotion for DiscoveryMotion for Release of Brady MaterialsMotion for Release of Brady MaterialsMotion for DiscoveryMotion for Disco, 81 REPORT AND RECOMMENDATIONS as to John Toner re 29 Motion for DiscoveryMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for DisclosureMotion for Bill of ParticularsMotion for Bill of ParticularsMotion to DismissMotion to DismissMot Court advised by Mr. Patrick Brown that Mark Jamison is to enter into a Plea Agreement. Matters argued and submitted. Appearances: Martin J. Littlefield, Bruce Freeman, Joseph M. LaTona, Robert G. Walsh, Marianne Mariano.(Court Reporter kp.) (JBS, ) (Entered: 03/14/2005)
03/15/2005110 ORDER TO CONTINUE - Ends of Justice as to USA Remediation Services Inc., Comprehensive Employment Management, Inc., Mark Jamieson, John Toner and Corey Seamon. Time excluded from 3/11/05 until 5/10/05. Signed by Judge John T. Elfvin on 3/14/05. (RAZ) (Entered: 03/15/2005)
04/08/2005111 Order of Transfer to New York Northern. . Signed by Judge John T. Elfvin on 3/10/05. (JDK, ) (Entered: 04/08/2005)
04/13/2005112 TRANSCRIPT of Proceedings as to USA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, Robert Birmingham, John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. held on 3/11/05 before Judge John T. Elfvin. Court Reporter: Michelle McLaughlin. Pages 1-32, transcript maintained in paper form in the Clerk' s office (JDK, ) (Entered: 04/13/2005)
04/19/2005113 MEMORANDUM AND ORDER that Remediation's Objections are overruled, that Judge Schroeder's Report and Recommendation filed on November 23, 2004 is adopted in its entirety and that the parties shall appear before Part III of this Court on June 3, 2005 at 1:00 p.m. (or as soon thereafter as they may be heard) to set a date for trial. USA Remediation Services, Inc. (1) Signed by Judge John T. Elfvin on 4/18/05. (RAZ) (Entered: 04/19/2005)
04/19/2005  Set Hearings as to USA Remediation Services, Inc.: Status Conference to set a trial date set for 6/3/2005 at 1:00 PM before Hon. John T. Elfvin. (RAZ) (Entered: 04/19/2005)
04/27/2005114 MEMORANDUM AND ORDER that Toner's Objections are overruled, that Judge Schroeder's Decision and Order filed on November 23, 2004 is affirmed and that Toner's discovery Motion is denied. Signed by Judge John T. Elfvin on 4/26/05. (RAZ) (Entered: 04/27/2005)
04/28/2005115 MEMORANDUM AND ORDER that Toner's Objections are overruled, that Judge Schroeder's Report and Recommendation 81 dated November 22, 2004 is adopted in its entirety and that the parties shall appear before Part III of this Court on June 3, 2005 at 1:00 p.m. (or as soon thereafter as they may be heard) to set a date for trial. John Toner (5). Signed by Judge John T. Elfvin on 4/27/05. (RAZ) (Entered: 04/28/2005)
04/28/2005  Set Hearings as to John Toner: Status Conference to set a date for trial set for 6/3/2005 at 1:00 PM before Hon. John T. Elfvin. (RAZ) (Entered: 04/28/2005)
05/06/2005  Minute Entry for proceedings held before Judge John T. Elfvin :Plea Agreement Hearing as to Mark Jamieson not held on 5/6/2005. Defendant failed to appear. Plea Agreement Hearing reset for 5/13/2005 01:00 PM before Hon. John T. Elfvin. (Court Reporter dj.) (JBS, ) (Entered: 05/09/2005)
05/06/2005  Minute Entry for proceedings held before Judge John T. Elfvin :Plea Agreement Hearing as to Corey Seamon adjourned on 5/6/2005. Plea Agreement Hearing set for 5/20/2005 01:00 PM before Hon. John T. Elfvin. (Court Reporter dj.) (JBS, ) (Entered: 05/09/2005)
05/13/2005  Set/Reset Hearings as to Mark Jamieson: Plea Agreement Hearing reset for 5/19/2005 03:30 PM before Hon. John T. Elfvin. (JBS, ) (Entered: 05/13/2005)
05/13/2005  Set/Reset Hearings as to Mark Jamieson: At request of counsel, Plea Agreement Hearing reset for 5/17/2005 01:30 PM before Hon. John T. Elfvin. (JBS, ) (Entered: 05/13/2005)
05/17/2005117 PLEA AGREEMENT as to Mark Jamieson (DZ, ) (Entered: 05/18/2005)
05/17/2005  Minute Entry for proceedings held before Judge John T. Elfvin :Plea Agreement Hearing as to Mark Jamieson held on 5/17/2005, Plea entered by Mark Jamieson (3) Guilty Count 2 of Indictment. Sentencing set for 7/29/2005 01:00 PM before Hon. John T. Elfvin. Appearances: Martin J. Littlefield, Patrick J. Brown, Mark Jamieson.(Court Reporter kp.) (JBS, ) (Entered: 05/19/2005)
05/18/2005116 ORDER TO CONTINUE - Ends of Justice as to Mark Jamieson, John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. Time excluded from 5/10/05 until 6/3/05. Signed by Judge John T. Elfvin on 5/17/05 (nunc pro tunc 5/10/05). (RAZ) (Entered: 05/18/2005)
05/19/2005118 MEMORANDUM AND ORDER that CEM's Objections are overruled, that the USA's Objections are overruled, that Judge Schroeder's Report and Recommendation dated November 22, 2004 (docket no. 83) is adopted in part as set forth above, that Counts 2, 3, 4, 5, 6 and 7 shall be consolidated into a single count, that the United States of America shall file a new indictment in accordance with this Order, that CEM's appeal is dismissed and that Judge Schroeder's Decision and Order dated November 22, 2004 (docket no. 85) is affirmed. As to Comprehensive Employee Management, Inc. (2) Signed by Judge John T. Elfvin on 5/19/05. (RAZ) (Entered: 05/19/2005)
05/19/2005119 ORDER that Jamieson's objections are overruled as moot and that Jamieson's appeal is dismissed as moot. As to Mark Jamieson (3). Signed by Judge John T. Elfvin on 5/18/05. (RAZ) (Entered: 05/19/2005)
05/20/2005  Minute Entry for proceedings held before Judge John T. Elfvin :Plea Agreement Hearing as to Corey Seamon not held on 5/20/2005. Plea agreement hearing adjourned sine die. (Court Reporter kp.) (JBS, ) (Entered: 05/31/2005)
06/03/2005  Minute Entry for proceedings held before Judge John T. Elfvin :Scheduling Conference to set date for trial as to John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. held on 6/3/2005. Court set Jury Selection for 11/18/05 09:30 AM before Hon. John T. Elfvin. Jury Trial to commence immediately after jury selection. Time excluded. Appearances: Martin J. Littlefield, John J. Schober, Robert G. Walsh (Court Reporter kp.) (JBS, ) (Entered: 06/06/2005)
06/15/2005  Arrest Warrant issued as to Mark Jamieson. (JDK, ) (Entered: 09/09/2005)
06/20/2005120 ORDER TO CONTINUE - Ends of Justice as to John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. Time excluded from 6/3/05 until 11/18/05. Signed by Judge John T. Elfvin on 6/20/05. (RAZ) (Entered: 06/20/2005)
07/06/2005  Minute Entry for proceedings held before Judge John T. Elfvin :Initial Appearance re Revocation of supervised release as to Mark Jamieson held on 7/6/2005. Court revoked bail. Defendant remanded. Sentencing set for 7/29/2005 01:00 PM before Hon. John T. Elfvin. Appearances: Gretchen Wylegala, Patrick J. Brown, Mark Jamieson.(Court Reporter kp.) (JBS, ) (Entered: 07/11/2005)
07/19/2005121  MOTION for Release from Custody by Mark Jamieson. (Brown, Patrick) (Entered: 07/19/2005)
07/27/2005122  MOTION for Downward Departure NOTICE OF MOTION AND MOTION FOR A DOWNWARD DEPARTURE & AFFIDAVIT by USA as to Mark Jamieson. (Littlefield, Martin) (Entered: 07/27/2005)
07/29/2005  Minute Entry for proceedings held before Judge John T. Elfvin :Sentencing held on 7/29/2005 for Mark Jamieson (3), Count(s) 1, 3, 4, 5, 6, 7, dismissed; Count(s) 2, Defendant is sentenced to the Custody of the Bureau of Prisons for a term of 26 months (Court recommended alcohol treatment); 2 years Supervised Release (alcohol testing and treatment); no fine; special assessment $100.00; defendant has right to appeal; defendant remanded. Appearances: Martin J. Littlefield, Patrick J. Brown, Mark Jamieson. (Court Reporter kp.) (JBS, ) (Entered: 08/01/2005)
08/02/2005123 STATEMENT WITH RESPECT TO SENTENCING FACTORS by Mark Jamieson (Brown, Patrick) (Entered: 08/02/2005)
08/03/2005124 ORDER denying 121 Motion for Release from Custody as to Mark Jamieson (3). Signed by Judge John T. Elfvin on 8/2/05. (RAZ) (Entered: 08/03/2005)
08/03/2005125 JUDGMENT as to Mark Jamieson (3), Count(s) filed. Additional certified copies forwarded to USPO, USM, US Attorney, Debt Collection, Financial Department. . Signed by Judge John T. Elfvin on 8/3/05. (JDK, ) (Entered: 08/03/2005)
08/04/2005  DISMISSAL OF COUNTS on Government Motion as to Mark Jamieson. (JDK, ) (Entered: 08/04/2005)
08/05/2005  Minute Entry for proceedings held before Judge John T. Elfvin :Plea Agreement Hearing as to Corey Seamon not held on 8/5/2005. Plea Agreement Hearing reset for 8/26/2005 01:00 PM before Hon. John T. Elfvin. (Court Reporter mp.) (JBS, ) (Entered: 08/18/2005)
08/23/2005126  MOTION Status of counsel for USAR NOTICE OF MOTION & MOTION and AFFIDAVIT by USA as to USA Remediation Services Inc. and Comprehensive Employment Management, Inc., USA Remediation Services, Inc.. (Attachments: # 1)(Littlefield, Martin) (Entered: 08/23/2005)
08/24/2005  Set/Reset Deadlines re Motion or Report and Recommendation in case as to USA Remediation Services, Inc. 126 MOTION. Responses due by 10/7/2005 Replies due by 10/12/2005. Motion Hearing set for 10/14/2005 01:00 PM before Hon. John T. Elfvin. (JBS, ) (Entered: 09/01/2005)
08/26/2005  Minute Entry for proceedings held before Judge John T. Elfvin :Plea Agreement Hearing as to Corey Seamon not held on 8/26/2005. Matter adjourned sine die. (Court Reporter kp.) (JBS, ) (Entered: 08/29/2005)
09/15/2005  DISMISSAL OF COUNTS on Government Motion as to Mark Jamieson. (JDK, ) (Entered: 09/15/2005)
09/21/2005127 REVISED INDICTMENT as to USA Remediation Services, Inc. (1) count(s) 1s, 2s-7s, USA Remediation Services Inc. and Comprehensive Employment Management, Inc. (1) count(s) 1s, 2s-7s, Comprehensive Employee Management, Inc. (2) count(s) 1s, 2s-7s, Mark Jamieson (3) count(s) 1s, 2s-7s, Robert Birmingham (4) count(s) 1s, 2s-7s, John Toner (5) count(s) 1s, 2s-7s, 8s-10s, Corey Seamon (6) count(s) 11s. (JDK, ) (Entered: 09/22/2005)
09/23/2005128 ORDER as to John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. Pretrial Conference set for 10/5/2005 at 4:15 PM before Hon. John T. Elfvin.Signed by Judge John T. Elfvin on 9/22/05. (RAZ) (Entered: 09/23/2005)
09/30/2005129 Summons Returned Executed on 2/1/05. as to Mark Jamieson (JDK, ) (Entered: 09/30/2005)
09/30/2005130 Arrest Warrant Returned Executed on 9/8/02. in case as to Robert Birmingham. (JDK, ) (Entered: 09/30/2005)
09/30/2005131 Arrest Warrant Returned Executed on 7/5/05. in case as to Mark Jamieson. (JDK, ) (Entered: 09/30/2005)
10/05/2005  Minute Entry for proceedings held before Judge John T. Elfvin :Motion Hearing as to USA Remediation Services, Inc., Comprehensive Employee Management, Inc. held on 10/5/2005 re 126 MOTION filed by USA,, Motions Submitted: 126 MOTION Possible entry of Alford Plea/Nols Plea to the Indictment set for 10/21/2005 01:00 PM before Hon. John T. Elfvin. (Court Reporter kp.) (JBS, ) (Entered: 10/19/2005)
10/05/2005  Set/Reset Deadlines re Motion or Report and Recommendation in case as to USA Remediation Services, Inc., Comprehensive Employee Management, Inc. 132 MOTION to Postpone and Reschedule Trial Dates. Motion Hearing set for 10/21/2005 01:00 PM before Hon. John T. Elfvin. (JBS, ) (Entered: 10/19/2005)
10/17/2005132  MOTION to Postpone and Reschedule Trial Dates by Comprehensive Employee Management, Inc.. (DLC) (Entered: 10/18/2005)
10/19/2005133 RESPONSE in Opposition by USA as to USA Remediation Services Inc. and Comprehensive Employment Management, Inc., John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. re 132 MOTION to Postpone and Reschedule Trial Dates GOVERNMENT RESPONSE TO MOTION FOR ADJOURNMENT OF TRIAL (Littlefield, Martin) (Entered: 10/19/2005)
10/21/2005  Minute Entry for proceedings held before Judge John T. Elfvin :Motion Hearing as to USA Remediation Services, Inc., Comprehensive Employee Management, Inc. held on 10/21/2005 re 132 MOTION to Postpone and Reschedule Trial Dates filed by Comprehensive Employee Management, Inc., Motions Submitted: 132 MOTION to Postpone and Reschedule Trial Dates Status Conference set for 1/13/2006 01:00 PM before Hon. John T. Elfvin. (Court Reporter jp.) (JBS, ) (Entered: 10/26/2005)
10/25/2005  Set/Reset Hearings as to USA Remediation Services, Inc.: Show Cause Hearing set for 10/28/2005 01:00 PM before Hon. John T. Elfvin. (JBS, ) (Entered: 10/25/2005)
10/25/2005134 ORDER TO SHOW CAUSE as to USA Remediation Services, Inc. Show Cause Hearing set for 10/28/2005 01:00 PM before Hon. John T. Elfvin.. Signed by Judge John T. Elfvin on 10/25/05. (JDK, ) (Entered: 10/25/2005)
10/28/2005135 PLEA AGREEMENT as to Corey Seamon (JDK, ) (Entered: 10/31/2005)
10/28/2005  Secretary's Certification (JDK, ) (Entered: 10/31/2005)
10/28/2005  E-Filing Error Corrected: Filed using wrong title, DISREGARD (JDK, ) (JDK, ) (Entered: 10/31/2005)
10/28/2005136 PLEA AGREEMENT as to USA Remediation Services, Inc. (JDK, ) (Entered: 10/31/2005)
10/28/2005  Minute Entry for proceedings held before Judge John T. Elfvin :Plea Agreement Hearing as to USA Remediation Services, Inc. held on 10/28/2005, Plea entered by USA Remediation Services, Inc. (1) Nolo Contendere Count 1s,2s. Sentencing set for 2/3/2006 01:00 PM before Hon. John T. Elfvin. (Court Reporter jp.) (JBS, ) (Entered: 11/02/2005)
10/28/2005  Minute Entry for proceedings held before Judge John T. Elfvin :Plea Agreement Hearing as to Corey Seamon held on 10/28/2005, Plea entered by Corey Seamon (6) Guilty Count 11s. Rule 11 Acknowledgment and Waivers read into record. Sentencing set for 2/3/2005 01:00 PM before Hon. John T. Elfvin. Defendant released on bail. Appearances: Martin J. Littlefield, Marianne Mariano, Corey Seamon.(Court Reporter jp.) (JBS, ) (Entered: 11/02/2005)
11/01/2005137 ORDER TO CONTINUE - Ends of Justice as to John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. Time excluded from 10/21/05 until 1/13/06. Parties shall appear before this Court 1/13/06 at 1:00 p.m. to schedule a new date for trial. Signed by Judge John T. Elfvin on 10/31/05. (RAZ) (Entered: 11/01/2005)
11/01/2005  Set Hearings as to John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc.: Trial Date Status Conference set for 1/13/2006 at 1:00 PM before Hon. John T. Elfvin. (RAZ) (Entered: 11/01/2005)
12/05/2005138 Judgment Returned Executed as to Mark Jamieson on 8/30/05. (JDK, ) (Entered: 12/05/2005)
01/03/2006139 TRANSCRIPT of Proceedings as to Corey Seamon held on 10/28/05 before Judge John T. Elfvin. Court Reporter: Janet Puskas, transcript maintained in paper form in the Clerk's office, pages 1-6. (JDK, ) (Entered: 01/03/2006)
01/03/2006140 TRANSCRIPT of Proceedings as to USA Remediation Services Inc. et al.,held on 10/28/05 before Judge John T. Elfvin. Court Reporter: Janet Puskas, transcirpt maintained in paper form in the Clerk's office, pages 1- 13. (JDK, ) (Entered: 01/03/2006)
01/05/2006141 STATEMENT WITH RESPECT TO SENTENCING FACTORS by USA as to USA Remediation Services, Inc. (Littlefield, Martin) (Entered: 01/05/2006)
01/05/2006142 STATEMENT WITH RESPECT TO SENTENCING FACTORS by USA as to Corey Seamon (Littlefield, Martin) (Entered: 01/05/2006)
01/13/2006  Minute Entry for proceedings held before Judge John T. Elfvin :Scheduling Conference to Set a Date for Trial as to John Toner, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. held on 1/13/2006 Jury Selection and commencement of Jury Trial set for 5/1/2006 09:30 AM before Hon. John T. Elfvin. (Court Reporter jp.) (JBS, ) Modified on 1/26/2006 (JBS, )to remove name of Corey Seamon. (Entered: 01/17/2006)
01/19/2006  Set/Reset Hearings as to John Toner, Comprehensive Employee Management, Inc.: At request of counsel, Jury Selection reset for 6/5/2006 09:30AM before Hon. John T. Elfvin. Jury Trial will commence immediately upon completion of Jury Selection. (JBS, ) (Entered: 01/19/2006)
01/25/2006143 ORDER TO CONTINUE - Ends of Justice as to John Toner, Comprehensive Employee Management, Inc. Time excluded from 1/13/06 until 6/5/06. Signed by Judge John T. Elfvin on 1/24/06. (RAZ) (Entered: 01/25/2006)
01/26/2006  E-Filing Notification: Minute Entry for proceedings held before Judge John T. Elfvin :Scheduling Conference to Set a Date for Trial as to John Toner, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. held on 1/13/2006 Jury Selection and commencement of Jury Trial set for 5/1/2006 09:30 AM before Hon. John T. Elfvin. (Court Reporter jp.) (JBS, ) Modified on 1/26/2006 (JBS, )to remove name of Corey Seamon. (JBS, ) (Entered: 01/26/2006)
02/03/2006  Minute Entry for proceedings held before Judge John T. Elfvin :Sentencing as to USA Remediation not held on 2/3/2006. Sentencing reset for 2/10/2006 01:00 PM before Hon. John T. Elfvin. (Court Reporter jp.) (JBS, ) (Entered: 02/07/2006)
02/03/2006  Minute Entry for proceedings held before Judge John T. Elfvin : Sentencing as to Corey Seamon reset for 2/10/2006 01:00 PM before Hon. John T. Elfvin. (Court Reporter jp.) (JBS, ) (Entered: 02/07/2006)
02/06/2006144 STATEMENT WITH RESPECT TO SENTENCING FACTORS by Corey Seamon (Attachments: # 1 Exhibit Letters on Defendant's behalf)(Mariano, Marianne) (Entered: 02/06/2006)
02/10/2006145  MOTION Stay sentence and the entry of the written Judgment by Corey Seamon. (Mariano, Marianne) (Entered: 02/10/2006)
02/10/2006146  MOTION Correction of Sentence pursuant to Fed.R.Crim.P. 35(a) and imposition of a term of probation or, in the alternative, a split sentence re 145 MOTION Stay sentence and the entry of the written Judgment by Corey Seamon. (Attachments: # 1 Exhibit Letters on behalf of defendant)(Mariano, Marianne) (Entered: 02/10/2006)
02/10/2006  Minute Entry for proceedings held before Judge John T. Elfvin :Sentencing held on 2/10/2006 for Corey Seamon (6), Count(s) 11s, Court sentenced Defendant to the Custody of the Bureau of Prisons for a term of 8 months; 2 years Supervised Release (drug and alcohol testing and treatment); fine waived; $100.00 Special Assessment. Court granted voluntary surrender. (Court Reporter jp.) (JBS, ) (Entered: 02/14/2006)
02/10/2006  Minute Entry for proceedings held before Judge John T. Elfvin :Defendant voluntarily chose not to appear and Court went forward with sentencing. Sentencing held on 2/10/2006 for USA Remediation Services, Inc. (1), Count(s) 1s, Court sentenced Defendant to fine of $250,000.00 on each of 2 counts (total $500,000.00); 3 years Probation (concurrent); Count(s) 2s, Court sentenced Defendant to fine of $250,000.00 on each of 2 counts(total $500,000.00); 3 years Probation (concurrent); $800.00 Special Assessment. Appearances: Martin J. Littlefield. (Court Reporter jp.) (JBS, ) (Entered: 02/14/2006)
02/13/2006  Set Deadlines as to Corey Seamon 146 MOTION Correction of Sentence pursuant to Fed.R.Crim.P. 35(a). Responses due by 2/21/2006. Replies due by 2/23/2006. Motion Hearing set for 2/24/2006 at 1:00 PM before Hon. John T. Elfvin. (RAZ) Copy of Notice also sent to U.S.P.O. Michael J. Quarantillo. Modified on 2/13/2006 (RAZ). (Entered: 02/13/2006)
02/16/2006147 ORDER granting 145 Motion to stay execution of sentence as to Corey Seamon (6). Signed by Judge John T. Elfvin on 2/14/06. (RAZ) Copy of Order also sent to U.S.P.O. Michael J. Quarantillo. (Entered: 02/16/2006)
02/16/2006148 JUDGMENT as to USA Remediation Services, Inc. (1), Count(s) 1s filed. Additional certified copies forwarded to USPO, USM, US Attorney, Debt Collection, Financial Department. . Signed by Judge John T. Elfvin on 2/15/06. (JDK, ) (Entered: 02/16/2006)
02/21/2006149 RESPONSE to Motion by USA as to Corey Seamon re 146 MOTION Correction of Sentence pursuant to Fed.R.Crim.P. 35(a) and imposition of a term of probation or, in the alternative, a split sentence re 145 MOTION Stay sentence and the entry of the written Judgment (Littlefield, Martin) (Entered: 02/21/2006)
02/24/2006  Minute Entry for proceedings held before Judge John T. Elfvin :Motion Hearing as to Corey Seamon held on 2/24/2006 re 145 MOTION Stay sentence and the entry of the written Judgment filed by Corey Seamon,, 146 MOTION Correction of Sentence pursuant to Fed.R.Crim.P. 35(a) and imposition of a term of probation or, in the alternative, a split sentence re 145 MOTION Stay sentence and the entry of the written Judgment filed by Corey Seamon,, Motions Submitted: 146 MOTION Correction of Sentence pursuant to Fed.R.Crim.P. 35(a) and imposition of a term of probation or, in the alternative, a split sentence re 145 MOTION Stay sentence and the entry of the written Judgment Final Sentencing set for 3/3/2006 01:00 PM before Hon. John T. Elfvin. (Court Reporter ck.) (JBS, ) (Entered: 02/28/2006)
02/24/2006  Motion Submission as to Corey Seamon re 145 MOTION Stay sentence and the entry of the written Judgment, 146 MOTION Correction of Sentence pursuant to Fed.R.Crim.P. 35(a) and imposition of a term of probation or, in the alternative, a split sentence re 145 MOTION Stay sentence and the entry of the written Judgment (JDK, ) (Entered: 03/01/2006)
03/03/2006  Minute Entry for proceedings held before Judge John T. Elfvin :Motions Submitted: 146 MOTION Correction of Sentence pursuant to Fed.R.Crim.P. 35(a) and imposition of a term of probation or, in the alternative, a split sentence re 145 MOTION Stay sentence and the entry of the written Judgment, Motion Hearing as to Corey Seamon held on 3/3/2006. Court to take under consideration and to issue final sentence the week of 3/6/06. (Court Reporter jp.) (JBS, ) (Entered: 03/07/2006)
03/08/2006150 ORDER denying 146 Motion to correct sentence as to Corey Seamon (6). Signed by Judge John T. Elfvin on 3/7/06. (RAZ) (Entered: 03/08/2006)
03/09/2006151 JUDGMENT as to Corey Seamon (6), Count(s) 11s filed Additional certified copies forwarded to USPO, USM, US Attorney, Debt Collection, Financial Department. . Signed by Judge John T. Elfvin on 3/8/06. (JDK, ) (Entered: 03/09/2006)
03/24/2006152 Sealed Document as toUSA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, Robert Birmingham, John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc.. (JDK, ) (Entered: 03/24/2006)
03/24/2006153 Sealed Document as toUSA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, Robert Birmingham, John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc.. (JDK, ) (Entered: 03/24/2006)
03/30/2006154 NOTICE by USA as to John Toner, Comprehensive Employee Management, Inc. EXPERT WITNESS NOTIFICATION AND CROSS DEMAND (Attachments: # 1)(Littlefield, Martin) (Entered: 03/30/2006)
04/04/2006  Set/Reset Hearings as to John Toner: Plea Agreement Hearing set for 4/12/2006 02:00 PM before Hon. John T. Elfvin. (JBS, ) (Entered: 04/04/2006)
04/12/2006155 SUPERSEDIN GINFORMATION as to John Toner (5) count(s) 1ss. (JDK, ) (Entered: 04/12/2006)
04/12/2006156 PLEA AGREEMENT as to John Toner (JDK, ) (Entered: 04/12/2006)
04/12/2006  Minute Entry for proceedings held before Judge John T. Elfvin :Plea Agreement Hearing as to John Toner held on 4/12/2006, Plea entered by John Toner (5) Guilty Count 1ss. Rule 11 Acknowledgments read into record. Sentencing set for 8/11/2006 01:00 PM before Hon. John T. Elfvin. Defendant released. Appearances: Martin J. Littlefield, Robert G. Walsh, John Toner.(Court Reporter jbs.) (JBS, ) (Entered: 04/13/2006)
05/18/2006157 ORDER TO CONTINUE - Ends of Justice as to Comprehensive Employee Management, Inc. Time excluded from 5/11/06 until 9/8/06. Signed by Judge John T. Elfvin on 5/16/06. (RAZ) (Entered: 05/18/2006)
07/18/2006158 STATEMENT WITH RESPECT TO SENTENCING FACTORS by USA as to John Toner (Littlefield, Martin) (Entered: 07/18/2006)
07/19/2006159  MOTION for Downward Departure MOTION PURSUANT TO RULE 35 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE by USA as to Mark Jamieson. (Littlefield, Martin) (Entered: 07/19/2006)
07/20/2006160 STATEMENT WITH RESPECT TO SENTENCING FACTORS by John Toner (Walsh, Robert) (Entered: 07/20/2006)
08/02/2006161 MEMORANDUM IN OPPOSITION GOVERNMENT'S RESPONSE TO DEFENDANT'S STATEMENT REGARDING PRESENTENCE INVESTIGATION REPORT by USA as to John Toner (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8)(Littlefield, Martin) (Entered: 08/02/2006)
08/11/2006  Minute Entry for proceedings held before Judge John T. Elfvin : Sentencing reset for 9/15/2006 01:00 PM before Hon. John T. Elfvin. (Court Reporter HUNT-Pat.) (JBS, ) (Entered: 08/14/2006)
09/08/2006162 First MOTION for Downward Departure by John Toner. (Walsh, Robert) (Entered: 09/08/2006)
09/08/2006163 CONTINUATION OF EXHIBITS by John Toner to 162 First MOTION for Downward Departure (Walsh, Robert) (Entered: 09/08/2006)
09/08/2006164 CONTINUATION OF EXHIBITS by John Toner to 163 Continuation of Exhibits, 162 First MOTION for Downward Departure (Walsh, Robert) (Entered: 09/08/2006)
09/08/2006165 CONTINUATION OF EXHIBITS by John Toner to 163 Continuation of Exhibits, 162 First MOTION for Downward Departure, 164 Continuation of Exhibits (Walsh, Robert) (Entered: 09/08/2006)
09/08/2006166 CONTINUATION OF EXHIBITS by John Toner to 163 Continuation of Exhibits, 162 First MOTION for Downward Departure, 165 Continuation of Exhibits, 164 Continuation of Exhibits (Walsh, Robert) (Entered: 09/08/2006)
09/13/2006167 AFFIDAVIT by John Toner 162 First MOTION for Downward Departure filed by John Toner, (Walsh, Robert) (Entered: 09/13/2006)
09/13/2006168 RESPONSE in Opposition by USA as to John Toner re 162 First MOTION for Downward Departure GOVERNMENT'S RESPONSE TO THE DEFENDANT'S MOTION FOR LESSER SENTENCE (Littlefield, Martin) (Entered: 09/13/2006)
09/15/2006  Minute Entry for proceedings held before Judge John T. Elfvin :Sentencing held on 9/15/2006 for John Toner (5), Count(s) 1, 10, 1s, 2, 2s-7s, 3, 4, 5, 6, 7, 8, 8s-10s, 9, dismissed; Count(s) 1ss, Court sentenced Defendant to the Custody of the Bureau of Prisons for a term of seven (7) months; one (1) year Supervised Release; $1,000 fine; $25.00 Special Assessment; Court granted Defendant Voluntary Surrender; Indictment dismissed. Appearances: Martin J. Littlefield, Robert G. Walsh, John Toner. (Court Reporter HUNT.) (JBS, ) (Entered: 09/19/2006)
09/22/2006169 JUDGMENT as to John Toner (5) filed. Additional certified copies forwarded to USPO, USM, US Attorney, Debt Collection, Financial Department. . Signed by Judge John T. Elfvin on 9/21/06. (JDK, ) (Entered: 09/22/2006)
09/26/2006  Set/Reset Hearings as to Mark Jamieson: Motion Hearing 159 MOTION for Downward Departure MOTION PURSUANT TO RULE 35 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE by USA as to Mark Jamieson set for 10/11/2006 02:00 PM before Hon. John T. Elfvin. (JBS, ) (Entered: 09/26/2006)
10/04/2006  Reset Hearings as to Mark Jamieson: 159 MOTION for Downward Departure MOTION PURSUANT TO RULE 35 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE by USA as to Mark Jamieson reset for 10/18/2006 02:00 PM before Hon. John T. Elfvin (JBS, ) (Entered: 10/04/2006)
10/18/2006  Minute Entry for proceedings held before Judge John T. Elfvin :Motion Hearing as to Mark Jamieson held on 10/18/2006 re 159 MOTION for Downward Departure MOTION PURSUANT TO RULE 35 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE filed by USA. Court amended the original sentence and ruled as follows: Defendant is sentenced to the Custody of the Bureau of Prisons for a term of 21 months (Court recommended alcohol treatment); 2 years Supervised Release (alcohol testing and treatment); fine waived; special assessment $100.00. Appearances: Martin J. Littlefield, Patrick J. Brown. Appearance of defendant was waived.(Court Reporter jbs.) (JBS, ) (Entered: 10/18/2006)
10/26/2006170 AMENDED JUDGMENT as to Mark Jamieson (3) filed. Additional certified copies forwarded to USPO, USM, US Attorney, Debt Collection, Financial Department. . Signed by Judge John T. Elfvin on 10/25/06. (JDK, ) (Entered: 10/26/2006)
10/31/2006171 First MOTION Delay in Voluntary Surrender by John Toner. (Walsh, Robert) (Entered: 10/31/2006)
11/01/2006172 ORDER granting motion as to John Toner (5) for 171 permission to voluntary surrender for his term of incarceration at a date and time subsequent to January 1, 2007. Signed by Judge John T. Elfvin on 11/1/06. (RAZ) Copy of Order also sent to U.S.P.O. David Ball and U.S. Marshal Service. (Entered: 11/01/2006)
12/12/2006173 Arrest Warrant Returned Executed on 9/18/02. in case as to Corey Seamon. (JDK, ) (Entered: 12/12/2006)
04/06/2007  Minute Entry for proceedings held before Judge John T. Elfvin :Sentencing held on 4/6/2007 for Comprehensive Employee Management, Inc. (2), Count(s) 1, 1s, 2-7, 2s-7s, dismissed in accordance with the plea agreement and the sentencing of Raj Chopra on 4/6/07. (Court Reporter HUNT.) (JBS, ) (Entered: 04/10/2007)
05/17/2007174 Probation Jurisdiction Transferred to Northern District of New York as to Mark Jamieson Transmitted Transfer of Jurisdiction form, with certified copies of indictment, judgment and docket sheet. (JDK, ) (Entered: 05/17/2007)
07/02/2007  Case as to USA Remediation Services Inc. and Comprehensive Employment Management, Inc., Mark Jamieson, Robert Birmingham, John Toner, Corey Seamon, USA Remediation Services, Inc., Comprehensive Employee Management, Inc. REASSIGNED to Judge Richard J. Arcara. Judge John T. Elfvin no longer assigned to the case. (RAZ) (Entered: 07/02/2007)
07/30/2007175 AMENDED JUDGMENT as to John Toner (5), Additional certified copies forwarded to USPO, USM, US Attorney, Debt Collection, Financial Department.. Signed by Judge John T. Elfvin on 7/24/07.(JDK) (Entered: 07/30/2007)
08/06/2007176 SATISFACTION OF JUDGMENT by USA (Robinson, Kevin) (Entered: 08/06/2007)
08/23/2010177  MOTION For Remission Of Special Assessment And Fine by USA as to USA Remediation Services, Inc.. (Attachments: # 1 Exhibits A and B, # 2 Exhibits C and D, # 3 Exhibits E - G)(Robinson, Kevin) (Entered: 08/23/2010)
08/24/2010178 ORDER granting 177 Motion as to USA Remediation Services, Inc. (1). Signed by Hon. Richard J. Arcara on 8/23/10.(DR) (Entered: 08/24/2010)