CLOSED,APPEAL

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U.S. District Court - Eastern District of Tennessee (Chattanooga)
CRIMINAL DOCKET FOR CASE #: 1:09-cr-00144 All Defendants


Case title: USA v. Fillers et al

Date Filed: 08/25/2009
Date Terminated: 10/12/2012


In Re
Halbert Warden
15038-075
LEXINGTON
FEDERAL MEDICAL CENTER
Inmate Mail/Parcels
P.O. BOX 14500
LEXINGTON, KY 40512

Assigned to: District Judge Curtis L Collier
Referred to: Magistrate Judge William B Carter

Defendant (1)
Donald Fillers
TERMINATED: 10/12/2012
represented byKyle E Hedrick
Ramer & Hedrick, PC
2305 Hickory Valley Road
Suite A
Chattanooga, TN 37421
423-855-4444
Fax: 423-855-4733
Email: kylehedrick@comcast.net
TERMINATED: 11/20/2012
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Leslie A Cory
Ortwein & Cory, LLC
1010 Market Street
Suite 306 Park Plaza
Chattanooga, TN 37402
423-756-9242
Email: lesliecory@comcast.net
LEAD ATTORNEY
Designation: CJA Appointment

Martin J Levitt
Levitt & Levitt
312 Vine Street
Chattanooga, TN 37403
423-266-7555
Email: lvtnlvt@aol.com
TERMINATED: 10/23/2012
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Deft sentenced to 48 months on Counts One through Nine and a term of 48 months on Count Eleven, to be served concurrently. 3 years supervised release on Counts One through Nine and Eleven all to run concurrently. Restitution: Dept of Public Works-storm water, Chatt. Fire Dept, Air Pollution Control, Environment Protection Agency $27,899.10; Counts One-Eight a Fine of $2,222 and Count Nine a Fine of $2,224. Fine: $20,000; Special Assessment: $900.00. Deft to self-report on Nov. 16, 2012 at 2:00 pm.
FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2-7)
Deft sentenced to 48 months on Counts One through Nine and a term of 48 months on Count Eleven, to be served concurrently. 3 years supervised release on Counts One through Nine and Eleven all to run concurrently. Restitution: Dept of Public Works-storm water, Chatt. Fire Dept, Air Pollution Control, Environment Protection Agency $27,899.10; Counts One-Eight a Fine of $2,222 and Count Nine a Fine of $2,224. Fine: $20,000; Special Assessment: $900.00. Deft to self-report on Nov. 16, 2012 at 2:00 pm.
STATEMENTS OR ENTRIES GENERALLY
(9)
Deft sentenced to 48 months on Counts One through Nine and a term of 48 months on Count Eleven, to be served concurrently. 3 years supervised release on Counts One through Nine and Eleven all to run concurrently. Restitution: Dept of Public Works-storm water, Chatt. Fire Dept, Air Pollution Control, Environment Protection Agency $27,899.10; Counts One-Eight a Fine of $2,222 and Count Nine a Fine of $2,224. Fine: $20,000; Special Assessment: $900.00. Deft to self-report on Nov. 16, 2012 at 2:00 pm.
DESTRUCTION,ALTERNATION,FALSIFICATION RCDS FED INVESTIGATION
(11)
Deft sentenced to 48 months on Counts One through Nine and a term of 48 months on Count Eleven, to be served concurrently. 3 years supervised release on Counts One through Nine and Eleven all to run concurrently. Restitution: Dept of Public Works-storm water, Chatt. Fire Dept, Air Pollution Control, Environment Protection Agency $27,899.10; Counts One-Eight a Fine of $2,222 and Count Nine a Fine of $2,224. Fine: $20,000; Special Assessment: $900.00. Deft to self-report on Nov. 16, 2012 at 2:00 pm.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: District Judge Curtis L Collier
Referred to: Magistrate Judge William B Carter

Defendant (2)
David Wood
TERMINATED: 10/12/2012
represented byC. Eugene Shiles
Spears, Moore, Rebman & Williams
P O Box 1749
Chattanooga, TN 37401-1749
423-756-7000
Fax: 423-756-4801
Email: ces@smrw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Deft sentenced to 20 months on Counts One, Three through Seven and Ten, all to run concurrently. 3 years supervised release on Counts One, Three through Seven and Ten. Special Assessment: $700.00; Restitution: Dept of Public Works-storm water, Chatt. Fire Dept., Air Pollution Control, Environmental Protection Agency $27,899.10; Deft to Self-Report Nov. 16, 2012 2:00pm
FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(3-7)
Deft sentenced to 20 months on Counts One, Three through Seven and Ten, all to run concurrently. 3 years supervised release on Counts One, Three through Seven and Ten. Special Assessment: $700.00; Restitution: Dept of Public Works-storm water, Chatt. Fire Dept., Air Pollution Control, Environmental Protection Agency $27,899.10 Deft to Self-Report Nov. 16, 2012 2:00pm
STATEMENTS OR ENTRIES GENERALLY
(10)
Deft sentenced to 20 months on Counts One, Three through Seven and Ten, all to run concurrently. 3 years supervised release on Counts One, Three through Seven and Ten. Special Assessment: $700.00; Restitution: Dept of Public Works-storm water, Chatt. Fire Dept., Air Pollution Control, Environmental Protection Agency $27,899.10 Deft to Self-Report Nov. 16, 2012 2:00pm

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: District Judge Curtis L Collier
Referred to: Magistrate Judge William B Carter

Defendant (3)
James Mathis
TERMINATED: 10/12/2012
represented byHallie H McFadden
Law Offices of Hallie McFadden, P.C.
Post Office Box 546
Signal Mountain, TN 37377
423-362-1818
Email: hallie@hmcfaddenlaw.com
TERMINATED: 08/01/2012
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Robin R Flores
Law Office of Robin R. Flores
4110 Brainerd Road
Suite A
Chattanooga, TN 37411
423-267-1575
Fax: 423-267-2703
Email: robinflores@comcast.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Deft sentenced to 18 months on Counts One, Two and Three all such terms to run concurrently. 3 years supervised release on Counts One, Two and Three, all such terms to run concurrently. Special Assessment: $300.00: Deft to self-report on Nov. 16, 2012 at 2:00 pm
FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2-3)
Deft sentenced to 18 months on Counts One, Two and Three all such terms to run concurrently. 3 years supervised release on Counts One, Two and Three, all such terms to run concurrently. Special Assessment: $300.00: Deft to self-report on Nov. 16, 2012 at 2:00 pm

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(4)
DISMISSED
STATEMENTS OR ENTRIES GENERALLY
(8)
DISMISS WITHOUT PREJUDICE

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: District Judge Curtis L Collier
Referred to: Magistrate Judge William B Carter

Defendant (4)
Mathis Companies, Inc.
TERMINATED: 01/30/2012

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
dismissed upon oral motion of govt (see trial day 11)
FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2-4)
dismissed upon oral motion of govt (see trial day 11)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: District Judge Curtis L Collier
Referred to: Magistrate Judge William B Carter

Defendant (5)
Watkins Street Project, LLC
TERMINATED: 10/12/2012
represented byGary S Humble
Law Office of Gary S. Humble
1104 Applewood Circle
Signal Mountain, TN 37377
423-886-2270
Email: garyhumble@bellsouth.net
TERMINATED: 10/23/2012
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Myrlene R Marsa
Federal Defender Services of Eastern Tennessee, Inc. (Chatt)
One Central Plaza, Suite 600
835 Georgia Avenue
Chattanooga, TN 37402
423-756-4349
Fax: 423-756-4345
Email: myrlene_marsa@fd.org
TERMINATED: 06/08/2011
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Deft place on probation for 3 years; Special Assessment: $3,200; Fine:$30,000. Restitution: Dept of Public Works-storm water, Chatt. Fire Dept., Air Pollution Control, Environmental Protection Agency $27,899.10
FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2-7)
Deft place on probation for 3 years; Special Assessment: $3,200; Fine:$30,000. Restitution: Dept of Public Works-storm water, Chatt. Fire Dept., Air Pollution Control, Environmental Protection Agency $27,899.10
DESTRUCTION,ALTERNATION,FALSIFICATION RCDS FED INVESTIGATION
(11)
Deft place on probation for 3 years; Special Assessment: $3,200; Fine:$30,000. Restitution: Dept of Public Works-storm water, Chatt. Fire Dept., Air Pollution Control, Environmental Protection Agency $27,899.10

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byTodd W Gleason
U S Department of Justice (Environmental Crimes-DC)
Enviromental Crimes Section
601 D Street, N W
Suite 2806
Washington, DC 20004
202-305-0739
Fax: 202-514-8865
Email: todd.gleason@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Matthew T Morris
U S Department of Justice (Knox USAO)
Office of U S Attorney
800 Market Street
Suite 211
Knoxville, TN 37902
865-545-4167
Email: matt.morris@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/25/2009INDICTMENT as to Donald Fillers (1) count(s) 1, 2-7, 9, 11, David Wood (2) count(s) 1, 3-7, 10, James Mathis (3) count(s) 1, 2-4, 8, Mathis Companies, Inc. (4) count(s) 1, 2-4, Watkins Street Project, LLC (5) count(s) 1, 2-7, 11. (Attachments: # 1 Criminal Cover Sheet)(DJH, ) (Entered: 08/26/2009)
08/28/2009NOTICE OF ATTORNEY APPEARANCE Todd W Gleason appearing for USA. (CHP, ) (Entered: 08/28/2009)
09/15/2009Minute Entry for proceedings held before Magistrate Judge William B Carter:Initial Appearance as to Mathis Companies, Inc. held on 9/15/2009. Arraignment as to Mathis Companies, Inc. (4) Counts 1,2-4 held on 9/15/2009 Not guilty plea entered entered by Court. (Court Reporter Kim Nixson.) (KFB, ) (Entered: 09/16/2009)
09/15/2009CJA 20 as to James Mathis: Appointment of Attorney Hallie McFadden.
(Updated CJA Information should be obtained by accessing the CJA Panel Information Section of the ED/TN web site located at http://www.tned.uscourts.gov/cja) Signed by Magistrate Judge William B Carter on 9/15/09. (KFB, ) (Entered: 09/16/2009)
09/15/2009MEMORANDUM AND ORDER: ARRAIGNMENT ON INDICTMENT as to James Mathis. Signed by Magistrate Judge William B Carter on 9/15/09. (KFB, ) (Entered: 09/16/2009)
09/15/2009CJA 20 as to David Wood: Appointment of Attorney Gene Shiles.
(Updated CJA Information should be obtained by accessing the CJA Panel Information Section of the ED/TN web site located at http://www.tned.uscourts.gov/cja) Signed by Magistrate Judge William B Carter on 9/15/09. (KFB, ) (Entered: 09/16/2009)
09/15/2009MEMORANDUM AND ORDER: ARRAIGNMENT ON INDICTMENT as to David Wood. Signed by Magistrate Judge William B Carter on 9/15/09. (KFB, ) (Entered: 09/16/2009)
09/15/2009MEMORANDUM AND ORDER: ARRAIGNMENT ON INDICTMENT as to Donald Fillers. Signed by Magistrate Judge William B Carter on 9/15/09. (KFB, ) (Entered: 09/16/2009)
09/15/200910 MEMORANDUM AND ORDER: ARRAIGNMENT ON INDICTMENT as to Watkins Street Project, LLC. Signed by Magistrate Judge William B Carter on 9/15/09. (KFB, ) (Entered: 09/16/2009)
09/15/200911 DISCOVERY AND SCHEDULING ORDER as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. Jury Trial set for 11/16/2009 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier. Pretrial Conference set for 11/5/2009 04:00 PM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier. Signed by Magistrate Judge William B Carter on 9/15/09. (KFB, ) (Entered: 09/16/2009)
09/15/200912 Minute Entry for proceedings held before Magistrate Judge William B Carter:Initial Appearance as to James Mathis held on 9/15/2009, Arraignment as to James Mathis (3) Counts 1,2-4,8 held on 9/15/2009 Attorney Hallie McFadden for James Mathis present. Not guilty plea entered. (Court Reporter Kim Nixson.) (KFB, ) (Entered: 09/16/2009)
09/15/2009  Arrest of David Wood. (KFB, ) (Entered: 09/16/2009)
09/15/200913 Minute Entry for proceedings held before Magistrate Judge William B Carter:Initial Appearance as to David Wood held on 9/15/2009, Arraignment as to David Wood (2) Counts 1,3-7,10 held on 9/15/2009 Attorney Gene Shiles for David Wood present. Not guilty plea entered. (Court Reporter Kim Nixson.) (KFB, ) (Entered: 09/16/2009)
09/15/2009  Arrest of Donald Fillers. (KFB, ) (Entered: 09/16/2009)
09/15/200914 Minute Entry for proceedings held before Magistrate Judge William B Carter:Initial Appearance as to Donald Fillers held on 9/15/2009, Arraignment as to Donald Fillers (1) Counts 1,2-7,9,11 held on 9/15/2009 Attorney Marty Levitt and Leslie Cory for Donald Fillers present. Not guilty plea entered. (Court Reporter Kim Nixson.) (KFB, ) (Entered: 09/16/2009)
09/15/200915 Minute Entry for proceedings held before Magistrate Judge William B Carter:Initial Appearance as to Watkins Street Project, LLC held on 9/15/2009, Arraignment as to Watkins Street Project, LLC (5) Count 1,2-7,11 held on 9/15/2009 Attorney Myrlene Marsa for Watkins Street Project, LLC present. Not guilty plea entered entered by Court. (Court Reporter Kim Nixson.) (KFB, ) (Entered: 09/16/2009)
09/16/2009First MOTION to Appoint Expert Investigator by James Mathis. (Attachments: # 1 Affidavit in Support of Motion to Appoint Expert)(McFadden, Hallie) (Entered: 09/16/2009)
09/16/200916 ORDER granting 3 Motion to Appoint Expert as to James Mathis (3). Signed by Magistrate Judge William B Carter on 9/16/09. (KFB, ) (Entered: 09/16/2009)
09/16/200917 APPEARANCE BOND: O/R Bond Entered as to David Wood in amount of $ $20,000.00. (KFB, ) (Entered: 09/17/2009)
09/16/200918 ORDER Setting Conditions of Release as to David Wood (2) $20,000.00 O/R. Signed by Magistrate Judge William B Carter on 9/16/09. (KFB, ) (Entered: 09/17/2009)
09/16/200919 APPEARANCE BOND: O/R Bond Entered as to James Mathis in amount of $ $20,000.00. (KFB, ) (Entered: 09/17/2009)
09/16/200920 ORDER Setting Conditions of Release as to James Mathis (3) $20,000.00 O/R. Signed by Magistrate Judge William B Carter on 9/16/09. (KFB, ) (Entered: 09/17/2009)
09/16/200921 APPEARANCE BOND: O/R Bond Entered as to Donald Fillers in amount of $20,000.00. (KFB, ). (Entered: 09/17/2009)
09/16/200922 ORDER Setting Conditions of Release as to Donald Fillers (1) $20,000.00 O/R. Signed by Magistrate Judge William B Carter on 9/16/09. (KFB, ) (Entered: 09/17/2009)
09/17/200923 Arrest Warrant Returned Executed on 9/15/2009 in case as to David Wood. (CHP, ) (Entered: 09/18/2009)
09/17/200924 Arrest Warrant Returned Executed on 9/15/2009 in case as to James Mathis. (CHP, ) (Entered: 09/18/2009)
09/18/200925  MOTION FOR APPROVAL OF EXPENSES by David Wood. (Attachments: # 1 Other)(Shiles, C.) (Entered: 09/18/2009)
09/18/200926 Arrest Warrant Returned Executed on 9/15/2009 in case as to Donald Fillers. (CHP, ) (Entered: 09/18/2009)
09/21/200927 ORDER granting 25 Motion 9/21/09 as to David Wood (2) seeking authorization of additional investigative services. Signed by Magistrate Judge William B Carter on 9/21/09. (KFB, ) (Entered: 09/21/2009)
09/28/200928 First MOTION To Designate Case as Complex and to Vacate Scheduling Order by James Mathis. (McFadden, Hallie) (Entered: 09/28/2009)
10/06/200929 RESPONSE to Motion by USA as to James Mathis re 28 First MOTION To Designate Case as Complex and to Vacate Scheduling Order (Morris, Matthew) (Entered: 10/06/2009)
10/12/200930 Joint MOTION to Adopt 28 First MOTION To Designate Case as Complex and to Vacate Scheduling Order filed by James Mathis by Donald Fillers, Watkins Street Project, LLC. (Levitt, Martin) Modified on 10/13/2009 to correct text (CHP, ). (Entered: 10/12/2009)
10/12/200931 MEMORANDUM in Support of 30 Joint MOTION to Adopt 28 First MOTION To Designate Case as Complex and to Vacate Scheduling Order filed by James Mathis (Levitt, Martin) Modified on 10/13/2009 to correct text (CHP, ). (Entered: 10/12/2009)
10/14/200932  MOTION TO JOIN PENDING MOTIONS TO DESIGNATE CASE AS COMPLEX AND FOR A NEW SCHEDULING ORDER by David Wood. (Shiles, C.) (Entered: 10/14/2009)
10/14/200933 ORDER TO CONTINUE - Ends of Justice as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC - the Court DENIES Defendants motions to declare the cases complex 30 , 28 and 32 however, GRANTS Defendants motions for a continuance and new scheduling order. Plea Agreement due by 1/11/2010. Jury Trial RESET for 2/16/2010 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier. Pretrial Conference RESET for 1/21/2010 04:00 PM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier. Signed by District Judge Curtis L Collier on 10/14/2009. (CHP, ) (Entered: 10/15/2009)
11/05/200934  MOTION for Leave to File Document Under Seal by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (Morris, Matthew) (Entered: 11/05/2009)
11/05/200935 SEALED Proposed Sealed Document by Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re: 34 MOTION for Leave to File Document Under Seal (Morris, Matthew) Modified on 11/9/2009 (KFB, ). REFILED AS #37, PER ORDER #36. (Entered: 11/05/2009)
11/06/200936 ORDER granting 34 Motion for Leave to File Document Under Seal as to Donald Fillers (1), David Wood (2), James Mathis (3), Mathis Companies, Inc. (4), Watkins Street Project, LLC (5). Signed by Magistrate Judge William B Carter on 11/6/09. (KFB, ) (Entered: 11/09/2009)
11/06/200937 MOTION by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (KFB, ) Modified on 1/20/2010 (DJH, ). (Entered: 11/09/2009)
11/17/200938 Second MOTION FOR APPROVAL OF EXPENSES by David Wood. (Attachments: # 1 Other)(Shiles, C.) (Entered: 11/17/2009)
11/17/200939 ORDER as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC Signed by District Judge Curtis L Collier on 11/17/2009. (copy of order placed in AUSA's box) (CHP, ) Modified on 1/20/2010 (DJH, ). (Entered: 11/17/2009)
11/19/200940 ORDER granting 38 Motion seeking authorization of additional expert services as to David Wood (2). Signed by Magistrate Judge William B Carter on 11/19/09. (KFB, ) (Entered: 11/19/2009)
12/09/200941 Second MOTION FOR APPROVAL OF EXPENSES by David Wood. (Attachments: # 1 Other)(Shiles, C.) (Entered: 12/09/2009)
12/11/200942 MEMORANDUM in Support of 41 Second MOTION FOR APPROVAL OF EXPENSES For Additional Investigative Services (Shiles, C.) (Entered: 12/11/2009)
12/14/200943 First MOTION to Amend/Revise 41 Second MOTION FOR APPROVAL OF EXPENSES filed by David Wood by David Wood. (Shiles, C.) (Entered: 12/14/2009)
12/16/200944 Letter regarding excess fee request for David Wood. (CHP, ) (Entered: 12/16/2009)
01/05/201045 Advance Authorization for Investigative, Expert or Other Services for further investigative services which will require an additional cost of $1,600.00 for a total approved amount not to exceed $3,200.00 (CHP, ) (Entered: 01/05/2010)
01/08/201046 First MOTION in Limine To Exclude Testimony and/or Reference to Daycare Facility by James Mathis. (McFadden, Hallie) (Entered: 01/08/2010)
01/08/201047 First MOTION in Limine To Exclude All Evidence Of Alleged Illegal Dumping, and Business Practices by James Mathis. (McFadden, Hallie) (Entered: 01/08/2010)
01/09/201048  MOTION in Limine to Exclude Allegations that Defendant Buried Asbestos On-Site by Donald Fillers. (Cory, Leslie) (Entered: 01/09/2010)
01/09/201049  MOTION in Limine to Exclude Allegations as to the Handling and/or Disposal of Transformers or Their Contents by Donald Fillers. (Cory, Leslie) (Entered: 01/09/2010)
01/09/201050  MOTION to Strike Count 1 for Insufficiency by Donald Fillers. (Cory, Leslie) (Entered: 01/09/2010)
01/09/201051 MEMORANDUM in Support of 50 MOTION to Strike Count 1 for Insufficiency (Cory, Leslie) (Entered: 01/09/2010)
01/09/201052  MOTION in Limine to Exclude Testimony and/or Reference to Alleged Health effects or Risks from Asbestos Exposure by Donald Fillers. (Cory, Leslie) (Entered: 01/09/2010)
01/09/201053  MOTION in Limine to Exclude Testimony and/or Reference to Daycare Facility by Donald Fillers. (Cory, Leslie) (Entered: 01/09/2010)
01/09/201054  MOTION to Strike as Surplusage from Indictment Any Reference to Harm or Risk of Harm by Donald Fillers. (Cory, Leslie) (Entered: 01/09/2010)
01/09/201055 MEMORANDUM in Support of 54 MOTION to Strike as Surplusage from Indictment Any Reference to Harm or Risk of Harm (Cory, Leslie) (Entered: 01/09/2010)
01/09/201056  MOTION to Strike Count 3 for Insufficiency and/or Consolidate Counts 3, 4, 5, 6 on the Grounds of Multiplicity by Donald Fillers. (Cory, Leslie) (Entered: 01/09/2010)
01/09/201057 MEMORANDUM in Support of 56 MOTION to Strike Count 3 for Insufficiency and/or Consolidate Counts 3, 4, 5, 6 on the Grounds of Multiplicity (Cory, Leslie) (Entered: 01/09/2010)
01/09/201058  MOTION for Use of Extensive Jury Questionnaire by Donald Fillers. (Attachments: # 1 Exhibit Juror Questionnaire)(Cory, Leslie) (Entered: 01/09/2010)
01/09/201059 MEMORANDUM in Support of 58 MOTION for Use of Extensive Jury Questionnaire (Cory, Leslie) (Entered: 01/09/2010)
01/10/201060 First MOTION to Strike As Surplusage From Indictment Any Reference to Harm or Risk of Harm by James Mathis. (McFadden, Hallie) (Entered: 01/10/2010)
01/10/201061 MEMORANDUM in Support of 60 First MOTION to Strike As Surplusage From Indictment Any Reference to Harm or Risk of Harm (McFadden, Hallie) (Entered: 01/10/2010)
01/10/201062 First MOTION to Strike Count 1 for Insufficiency by James Mathis. (McFadden, Hallie) (Entered: 01/10/2010)
01/10/201063 MEMORANDUM in Support of 62 First MOTION to Strike Count 1 for Insufficiency (McFadden, Hallie) (Entered: 01/10/2010)
01/10/201064 First MOTION in Limine And Supporting Memorandum to Exclude Allegations That Defendant Buried Asbestos on Site by James Mathis. (McFadden, Hallie) (Entered: 01/10/2010)
01/10/201065 First MOTION to Strike Count 3 For Insufficiency and/or Consolidate Counts 3 and 4 on Grounds of Mulitplicity by James Mathis. (McFadden, Hallie) (Entered: 01/10/2010)
01/10/201066 MEMORANDUM in Support of 65 First MOTION to Strike Count 3 For Insufficiency and/or Consolidate Counts 3 and 4 on Grounds of Mulitplicity (McFadden, Hallie) (Entered: 01/10/2010)
01/11/201067  MOTION Use of Extensive Jury Questionaire by Watkins Street Project, LLC. (Attachments: # 1 Exhibit Proposed Juror Questionaire)(Marsa, Myrlene) (Entered: 01/11/2010)
01/11/201068 MEMORANDUM in Support of 67 MOTION Use of Extensive Jury Questionaire (Marsa, Myrlene) (Entered: 01/11/2010)
01/11/201069  MOTION to Strike Count 3 for Insufficiency and/or Consolidate Counts 3, 4, 5, 6 on the Grounds of Multiplicity by Watkins Street Project, LLC. (Marsa, Myrlene) (Entered: 01/11/2010)
01/11/201070 MEMORANDUM in Support of 69 MOTION to Strike Count 3 for Insufficiency and/or Consolidate Counts 3, 4, 5, 6 on the Grounds of Multiplicity (Marsa, Myrlene) (Entered: 01/11/2010)
01/11/201071  MOTION to Strike Count 1 for Insufficiency by Watkins Street Project, LLC. (Marsa, Myrlene) (Entered: 01/11/2010)
01/11/201072 MEMORANDUM in Support of 71 MOTION to Strike Count 1 for Insufficiency (Marsa, Myrlene) (Entered: 01/11/2010)
01/11/201073  MOTION to Strike as Surplusage from Indictment Any Reference to Harm or Risk of Harm by Watkins Street Project, LLC. (Marsa, Myrlene) (Entered: 01/11/2010)
01/11/201074 MEMORANDUM in Support of 73 MOTION to Strike as Surplusage from Indictment Any Reference to Harm or Risk of Harm (Marsa, Myrlene) (Entered: 01/11/2010)
01/11/201075  MOTION in Limine to Exclude Testimony and/or Reference to Alleged Health Effects or Risks from Asbestos Exposure by Watkins Street Project, LLC. (Marsa, Myrlene) (Entered: 01/11/2010)
01/11/201076  MOTION in Limine to Exclude Testimony and/or Reference to Daycare Facility by Watkins Street Project, LLC. (Marsa, Myrlene) (Entered: 01/11/2010)
01/11/201077  MOTION to Suppress Warrantless Search by Watkins Street Project, LLC. (Marsa, Myrlene) (Entered: 01/11/2010)
01/11/201078 MEMORANDUM in Support of 77 MOTION to Suppress Warrantless Search (Marsa, Myrlene) (Entered: 01/11/2010)
01/11/201079  MOTION to Sever Defendant by Watkins Street Project, LLC. (Marsa, Myrlene) (Entered: 01/11/2010)
01/11/201080 MEMORANDUM in Support of 79 MOTION to Sever Defendant (Marsa, Myrlene) (Entered: 01/11/2010)
01/11/201081  MOTION to Sever Defendant by Donald Fillers. (Levitt, Martin) (Entered: 01/11/2010)
01/11/201082 MEMORANDUM in Support of 81 MOTION to Sever Defendant Donald Fillers (Levitt, Martin) (Entered: 01/11/2010)
01/11/201083 ORDER REFERRING MOTION as to Watkins Street Project, LLC 77 MOTION to Suppress Warrantless Search filed by Watkins Street Project, LLC Signed by District Judge Curtis L Collier on 1/11/2010. (CHP, ) (Entered: 01/11/2010)
01/11/201084  MOTION to Suppress Warrantless Search by Donald Fillers. (Levitt, Martin) (Entered: 01/11/2010)
01/11/201085 MEMORANDUM in Support of 84 MOTION to Suppress Warrantless Search by Donald Fillers (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Levitt, Martin) (Entered: 01/11/2010)
01/11/201086  MOTION in Limine AND SUPPORTING MEMORANDUM TO EXCLUDE TESTIMONY AND/OR EFERENCE TO DAYCARE FACILITY by David Wood. (Shiles, C.) (Entered: 01/11/2010)
01/11/201087  MOTION in Limine TO EXCLUDE REFERENCES TO BATTLEFIELD PERSONNEL AND/OR THE BATTLEFIELD COMPANY IN RELATION TO THIS DEFENDANT by David Wood. (Shiles, C.) (Entered: 01/11/2010)
01/11/201088  MOTION in Limine TO EXCLUDE REFERENCES TO DEFENDANT'S CRIMINAL RECORD by David Wood. (Shiles, C.) (Entered: 01/11/2010)
01/11/201089  MOTION in Limine AND SUPPORTING MEMORANDUM TO EXCLUDE ALLEGATIONS AS TO THE HANDLING AND/OR DISPOSAL OF TRANSFORMERS OR THEIR CONTENTS by David Wood. (Shiles, C.) (Entered: 01/11/2010)
01/11/201090  MOTION in Limine AND SUPPORTING MEMORANDUM TO EXCLUDE PRE-TRIAL STATEMENTS OF DEFENDANT by David Wood. (Shiles, C.) (Entered: 01/11/2010)
01/11/201091 Joint MOTION in Limine AND SUPPORTING MEMORANDUM TO EXCLUDE TESTIMONY AND/OR REFERENCES TO ALLEGED HEALTH EFFECTS OR RISKS FROM ASBESTOS EXPOSURE OR IN THE ALTERNATIVE A BIFURCATION OF THE TRIAL by David Wood, James Mathis, Mathis Companies, Inc.. (Shiles, C.) (Entered: 01/11/2010)
01/11/201092  MOTION to Strike SURPLASAGE FROM INDICTMENT by David Wood. (Shiles, C.) (Entered: 01/11/2010)
01/11/201093 MEMORANDUM in Support of 92 MOTION to Strike SURPLASAGE FROM INDICTMENT (Shiles, C.) (Entered: 01/11/2010)
01/11/201094  MOTION to Strike COUNTS 1 AND 3 FOR INSUFFICIENCY AND/OR CONSOLIDATE COUNTS 3, 4, 5 AND 6 ON GROUNDS OF MULTIPLICITY by David Wood. (Shiles, C.) (Entered: 01/11/2010)
01/11/201095 MEMORANDUM in Support of 94 MOTION to Strike COUNTS 1 AND 3 FOR INSUFFICIENCY AND/OR CONSOLIDATE COUNTS 3, 4, 5 AND 6 ON GROUNDS OF MULTIPLICITY (Shiles, C.) (Entered: 01/11/2010)
01/11/201096  MOTION to Compel the Government to Remove Signs Posted at Standard Coosa Thatcher by Donald Fillers. (Cory, Leslie) (Entered: 01/11/2010)
01/11/201097 MEMORANDUM in Support of 96 MOTION to Compel the Government to Remove Signs Posted at Standard Coosa Thatcher (Cory, Leslie) (Entered: 01/11/2010)
01/12/201098 ORDER REFERRING MOTION as to Donald Fillers 84 MOTION to Suppress Warrantless Search filed by Donald Fillers Signed by District Judge Curtis L Collier on 1/12/2010. (CHP, ) (Entered: 01/12/2010)
01/12/201099  MOTION to Continue Pretrial Conference by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (Morris, Matthew) (Entered: 01/12/2010)
01/14/2010100 NOTICE OF HEARING as to Donald Fillers, Watkins Street Project, LLC Evidentiary Hearing set for 1/29/2010 02:00 PM in Courtroom 1B - Chattanooga before Magistrate Judge William B Carter. (KFB, ) (Entered: 01/14/2010)
01/15/2010101 RESPONSE in Opposition by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 94 MOTION to Strike COUNTS 1 AND 3 FOR INSUFFICIENCY AND/OR CONSOLIDATE COUNTS 3, 4, 5 AND 6 ON GROUNDS OF MULTIPLICITY, 92 MOTION to Strike SURPLASAGE FROM INDICTMENT, 90 MOTION in Limine AND SUPPORTING MEMORANDUM TO EXCLUDE PRE-TRIAL STATEMENTS OF DEFENDANT, 86 MOTION in Limine AND SUPPORTING MEMORANDUM TO EXCLUDE TESTIMONY AND/OR EFERENCE TO DAYCARE FACILITY, 46 First MOTION in Limine To Exclude Testimony and/or Reference to Daycare Facility, 76 MOTION in Limine to Exclude Testimony and/or Reference to Daycare Facility, 50 MOTION to Strike Count 1 for Insufficiency, 91 Joint MOTION in Limine AND SUPPORTING MEMORANDUM TO EXCLUDE TESTIMONY AND/OR REFERENCES TO ALLEGED HEALTH EFFECTS OR RISKS FROM ASBESTOS EXPOSURE OR IN THE ALTERNATIVE A BIFURCATION OF THE TRIAL, 56 MOTION to Strike Count 3 for Insufficiency and/or Consolidate Counts 3, 4, 5, 6 on the Grounds of Multiplicity, 77 MOTION to Suppress Warrantless Search, 62 First MOTION to Strike Count 1 for Insufficiency, 88 MOTION in Limine TO EXCLUDE REFERENCES TO DEFENDANT'S CRIMINAL RECORD, 60 First MOTION to Strike As Surplusage From Indictment Any Reference to Harm or Risk of Harm, 87 MOTION in Limine TO EXCLUDE REFERENCES TO BATTLEFIELD PERSONNEL AND/OR THE BATTLEFIELD COMPANY IN RELATION TO THIS DEFENDANT, 48 MOTION in Limine to Exclude Allegations that Defendant Buried Asbestos On-Site, 64 First MOTION in Limine And Supporting Memorandum to Exclude Allegations That Defendant Buried Asbestos on Site, 65 First MOTION to Strike Count 3 For Insufficiency and/or Consolidate Counts 3 and 4 on Grounds of Mulitplicity, 89 MOTION in Limine AND SUPPORTING MEMORANDUM TO EXCLUDE ALLEGATIONS AS TO THE HANDLING AND/OR DISPOSAL OF TRANSFORMERS OR THEIR CONTENTS, 47 First MOTION in Limine To Exclude All Evidence Of Alleged Illegal Dumping, and Business Practices, 73 MOTION to Strike as Surplusage from Indictment Any Reference to Harm or Risk of Harm, 75 MOTION in Limine to Exclude Testimony and/or Reference to Alleged Health Effects or Risks from Asbestos Exposure, 52 MOTION in Limine to Exclude Testimony and/or Reference to Alleged Health effects or Risks from Asbestos Exposure, 49 MOTION in Limine to Exclude Allegations as to the Handling and/or Disposal of Transformers or Their Contents, 71 MOTION to Strike Count 1 for Insufficiency, 53 MOTION in Limine to Exclude Testimony and/or Reference to Daycare Facility, 54 MOTION to Strike as Surplusage from Indictment Any Reference to Harm or Risk of Harm, 69 MOTION to Strike Count 3 for Insufficiency and/or Consolidate Counts 3, 4, 5, 6 on the Grounds of Multiplicity (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Gleason, Todd) (Entered: 01/15/2010)
01/15/2010102  MOTION TO ACCEPT LATE FILED MOTION FOR TRANSFER OF TRIAL by David Wood. (Shiles, C.) (Entered: 01/15/2010)
01/15/2010103  MOTION FOR TRANSFER OF TRIAL OR DISMISSAL OF INDICTMENT by David Wood. (Shiles, C.) (Entered: 01/15/2010)
01/15/2010104 RESPONSE in Opposition by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 81 MOTION to Sever Defendant, 79 MOTION to Sever Defendant (Gleason, Todd) (Entered: 01/15/2010)
01/15/2010105 RESPONSE in Opposition by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 58 MOTION for Use of Extensive Jury Questionnaire, 67 MOTION Use of Extensive Jury Questionaire (Gleason, Todd) (Entered: 01/15/2010)
01/15/2010106  MOTION for Leave to File Document Under Seal by David Wood. (Shiles, C.) (Entered: 01/15/2010)
01/15/2010107 SEALED Memorandum in Support of 106 MOTION for Leave to File Document Under Seal by David Wood (Shiles, C.) Modified on 1/19/2010 (KFB, ). DELETED AND REFILED AS #108. (Entered: 01/15/2010)
01/15/2010108 SEALED Memorandum in Support of 106 MOTION for Leave to File Document Under Seal by David Wood (Attachments: # 1 Exhibit)(Shiles, C.) (Entered: 01/15/2010)
01/15/2010109 First MOTION to Change Venue Or Dismissal of Indictment (and to join Motion by David Woods for transfer of trial) by James Mathis. (McFadden, Hallie) (Entered: 01/15/2010)
01/17/2010110  MOTION to Unseal Document No. 37 and Order Granting Motion by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (Morris, Matthew) (Entered: 01/17/2010)
01/17/2010111 RESPONSE to Motion by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 109 First MOTION to Change Venue Or Dismissal of Indictment (and to join Motion by David Woods for transfer of trial), 96 MOTION to Compel the Government to Remove Signs Posted at Standard Coosa Thatcher, 103 MOTION FOR TRANSFER OF TRIAL OR DISMISSAL OF INDICTMENT (Morris, Matthew) (Entered: 01/17/2010)
01/19/2010112  MOTION for Writ of Habeas Corpus ad testificandum by Donald Fillers. (Attachments: # 1 Affidavit of Leslie Cory, # 2 Text of Proposed Order Proposed Order for Writ, # 3 Other Proposed Writ)(Cory, Leslie) (Entered: 01/19/2010)
01/19/2010113 ORDER granting 106 Motion for Leave to File Document Under Seal as to David Wood (2). Signed by Magistrate Judge William B Carter on 1/19/10. (KFB, ) (Entered: 01/19/2010)
01/19/2010114 ORDER granting 112 Motion for Writ of Habeas Corpus ad testificandum as to Donald Fillers (1). Signed by Magistrate Judge William B Carter on 1/19/10. (KFB, ) (Entered: 01/19/2010)
01/19/2010  Writ of Habeas Corpus ad Testificandum Issued as to Donald Fillers for 1/29/10 (KFB, ). Hand delivered to USM. (Entered: 01/19/2010)
01/19/2010115 Sealed Document (Attachments: # 1 Exhibit)(KFB, ) (Entered: 01/19/2010)
01/20/2010116 REPLY TO RESPONSE to Motion by David Wood, James Mathis, Mathis Companies, Inc. re 109 First MOTION to Change Venue Or Dismissal of Indictment (and to join Motion by David Woods for transfer of trial), 103 MOTION FOR TRANSFER OF TRIAL OR DISMISSAL OF INDICTMENT (Attachments: # 1 Exhibit)(Shiles, C.) (Additional attachment(s) added on 1/22/2010: # 2 Exhibit (SEALED)) (GRE, ). (Entered: 01/20/2010)
01/20/2010117 Joint MOTION for Leave to File Document Under Seal by David Wood, James Mathis, Mathis Companies, Inc.. (Shiles, C.) (Entered: 01/20/2010)
01/20/2010118 SEALED Memorandum in Support of 117 Joint MOTION for Leave to File Document Under Seal by David Wood, James Mathis, Mathis Companies, Inc. (Attachments: # 1 Exhibit)(Shiles, C.) (Entered: 01/20/2010)
01/20/2010119 ORDER granting 110 Motion to Unseal Document 37 SEALED MOTION as to Donald Fillers (1), David Wood (2), James Mathis (3), Mathis Companies, Inc. (4), Watkins Street Project, LLC (5). Signed by District Judge Curtis L Collier on 1/20/2010. (DJH, ) (Entered: 01/20/2010)
01/20/2010  DOCUMENT UNSEALED 39 Sealed Order (DJH, ) (Entered: 01/20/2010)
01/20/2010120 REPLY TO RESPONSE to Motion by Donald Fillers re 54 MOTION to Strike as Surplusage from Indictment Any Reference to Harm or Risk of Harm (Cory, Leslie) (Entered: 01/20/2010)
01/20/2010121 REPLY TO RESPONSE to Motion by Donald Fillers re 96 MOTION to Compel the Government to Remove Signs Posted at Standard Coosa Thatcher (Attachments: # 1 Exhibit Newspaperarticle, # 2 Exhibit Proposed stipulation)(Cory, Leslie) (Entered: 01/20/2010)
01/20/2010122 REPLY TO RESPONSE to Motion by Donald Fillers re 50 MOTION to Strike Count 1 for Insufficiency (Cory, Leslie) (Entered: 01/20/2010)
01/20/2010123 REPLY TO RESPONSE to Motion by Watkins Street Project, LLC re 73 MOTION to Strike as Surplusage from Indictment Any Reference to Harm or Risk of Harm (Marsa, Myrlene) (Entered: 01/20/2010)
01/20/2010124 MODIFIED NOTICE OF HEARING as to Donald Fillers, Watkins Street Project, LLC Evidentiary Hearing set for 2/18/2010 09:00 AM in Courtroom 1B - Chattanooga before Magistrate Judge William B Carter. (KFB, ) (Entered: 01/20/2010)
01/20/2010125 ORDER as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. The Court will RESET these dates after the motions have been resolved. Signed by District Judge Curtis L Collier on 1/20/2010. (DJH, ) (Entered: 01/20/2010)
01/20/2010126 REPLY TO RESPONSE to Motion by Watkins Street Project, LLC re 71 MOTION to Strike Count 1 for Insufficiency (Marsa, Myrlene) (Entered: 01/20/2010)
01/20/2010127 REPLY TO RESPONSE to Motion by Donald Fillers re 48 MOTION in Limine to Exclude Allegations that Defendant Buried Asbestos On-Site (Cory, Leslie) (Entered: 01/20/2010)
01/20/2010128 REPLY TO RESPONSE to Motion by Donald Fillers re 53 MOTION in Limine to Exclude Testimony and/or Reference to Daycare Facility (Cory, Leslie) (Entered: 01/20/2010)
01/20/2010129 REPLY TO RESPONSE to Motion by Donald Fillers re 58 MOTION for Use of Extensive Jury Questionnaire (Cory, Leslie) (Entered: 01/20/2010)
01/21/2010130 REPLY TO RESPONSE to Motion by Watkins Street Project, LLC re 67 MOTION Use of Extensive Jury Questionaire (Marsa, Myrlene) (Entered: 01/21/2010)
01/21/2010131 REPLY TO RESPONSE to Motion by Watkins Street Project, LLC re 76 MOTION in Limine to Exclude Testimony and/or Reference to Daycare Facility (Marsa, Myrlene) (Entered: 01/21/2010)
01/21/2010132  MOTION to Change Venue by Donald Fillers. (Cory, Leslie) (Entered: 01/21/2010)
01/21/2010133 MEMORANDUM in Support of 132 MOTION to Change Venue (Attachments: # 1 Exhibit 1/21/10 article)(Cory, Leslie) (Entered: 01/21/2010)
01/21/2010134 ORDER granting 117 Motion for Leave to File Document Under Seal as to David Wood (2), James Mathis (3), Mathis Companies, Inc. (4). Signed by Magistrate Judge William B Carter on 1/21/10. (GRE, ) (Entered: 01/21/2010)
01/21/2010135  MOTION to Change Venue by Watkins Street Project, LLC. (Marsa, Myrlene) (Entered: 01/21/2010)
01/21/2010136 MEMORANDUM in Support of 135 MOTION to Change Venue (Attachments: # 1 Exhibit, # 2 Exhibit)(Marsa, Myrlene) (Entered: 01/21/2010)
01/22/2010137 REPLY TO RESPONSE to Motion by James Mathis re 64 First MOTION in Limine And Supporting Memorandum to Exclude Allegations That Defendant Buried Asbestos on Site (McFadden, Hallie) (Entered: 01/22/2010)
01/22/2010138 REPLY TO RESPONSE to Motion by James Mathis re 46 First MOTION in Limine To Exclude Testimony and/or Reference to Daycare Facility (McFadden, Hallie) (Entered: 01/22/2010)
01/22/2010139 REPLY TO RESPONSE to Motion by James Mathis re 60 First MOTION to Strike As Surplusage From Indictment Any Reference to Harm or Risk of Harm (McFadden, Hallie) (Entered: 01/22/2010)
01/22/2010140 REPLY TO RESPONSE to Motion by James Mathis re 62 First MOTION to Strike Count 1 for Insufficiency (McFadden, Hallie) (Entered: 01/22/2010)
01/22/2010141 RESPONSE in Opposition by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 84 MOTION to Suppress Warrantless Search, 77 MOTION to Suppress Warrantless Search (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Gleason, Todd) (Entered: 01/22/2010)
01/22/2010142 REPLY TO RESPONSE to Motion by David Wood re 89 MOTION in Limine AND SUPPORTING MEMORANDUM TO EXCLUDE ALLEGATIONS AS TO THE HANDLING AND/OR DISPOSAL OF TRANSFORMERS OR THEIR CONTENTS (Attachments: # 1 Exhibit)(Shiles, C.) (Entered: 01/22/2010)
01/22/2010143 REPLY TO RESPONSE to Motion by David Wood re 94 MOTION to Strike COUNTS 1 AND 3 FOR INSUFFICIENCY AND/OR CONSOLIDATE COUNTS 3, 4, 5 AND 6 ON GROUNDS OF MULTIPLICITY (Shiles, C.) (Entered: 01/22/2010)
01/22/2010144 REPLY TO RESPONSE to Motion by David Wood re 92 MOTION to Strike SURPLASAGE FROM INDICTMENT (Shiles, C.) (Entered: 01/22/2010)
01/22/2010145 REPLY TO RESPONSE to Motion by David Wood re 86 MOTION in Limine AND SUPPORTING MEMORANDUM TO EXCLUDE TESTIMONY AND/OR EFERENCE TO DAYCARE FACILITY (Shiles, C.) (Entered: 01/22/2010)
01/22/2010146 REPLY TO RESPONSE to Motion by Donald Fillers re 49 MOTION in Limine to Exclude Allegations as to the Handling and/or Disposal of Transformers or Their Contents (Cory, Leslie) (Entered: 01/22/2010)
01/22/2010147 REPLY TO RESPONSE to Motion by Donald Fillers re 56 MOTION to Strike Count 3 for Insufficiency and/or Consolidate Counts 3, 4, 5, 6 on the Grounds of Multiplicity (Cory, Leslie) (Entered: 01/22/2010)
01/24/2010148 REPLY TO RESPONSE to Motion by James Mathis re 47 First MOTION in Limine To Exclude All Evidence Of Alleged Illegal Dumping, and Business Practices (McFadden, Hallie) (Entered: 01/24/2010)
01/25/2010149 RESPONSE to Motion by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 132 MOTION to Change Venue, 135 MOTION to Change Venue (Morris, Matthew) (Entered: 01/25/2010)
01/26/2010150 SUBPOENA Returned Executed as to Gary Fillers on 1/20/10. (Cory, Leslie) (Entered: 01/26/2010)
01/26/2010151 SUBPOENA Returned Executed as to John Schultz on 1/20/10. (Cory, Leslie) (Entered: 01/26/2010)
01/26/2010152 SUBPOENA Returned Executed as to Keeper of Records, Chattanooga-Hamilton County Air Pollution Control Bureau on 1/20/10. (Cory, Leslie) (Entered: 01/26/2010)
01/26/2010153 SUBPOENA Returned Executed as to Robert H. Colby on 1/20/10. (Cory, Leslie) (Entered: 01/26/2010)
01/26/2010154 SUBPOENA Returned Executed as to Kathy Jones on 1/20/10. (Cory, Leslie) (Entered: 01/26/2010)
01/27/2010155  MOTION in Limine TO EXCLUDE STATEMENTS OF CO-CONSPIRATORS ABSENT HEARING AND FINDING OF CRITERIA OF AN ADMISSION by David Wood. (Shiles, C.) (Entered: 01/27/2010)
01/30/2010156 REPLY TO RESPONSE to Motion by Donald Fillers re 132 MOTION to Change Venue (Cory, Leslie) (Entered: 01/30/2010)
01/30/2010157 REPLY TO RESPONSE to Motion by Watkins Street Project, LLC re 135 MOTION to Change Venue (Marsa, Myrlene) (Entered: 01/30/2010)
02/04/2010158 RESPONSE in Opposition by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 155 MOTION in Limine TO EXCLUDE STATEMENTS OF CO-CONSPIRATORS ABSENT HEARING AND FINDING OF CRITERIA OF AN ADMISSION (Gleason, Todd) (Entered: 02/04/2010)
02/08/2010159  MOTION For Order Withdrawing Writ of Habeas Corpus Ad Testificandum Issued 1/19/2010 as to Herbert G. Warden by Donald Fillers. (Cory, Leslie) (Entered: 02/08/2010)
02/08/2010160 ORDER denying 96 Motion to Compel as to Donald Fillers (1). Signed by District Judge Curtis L Collier on 2/8/2010. (CHP, ) (Entered: 02/08/2010)
02/09/2010161 ORDER granting 159 Motion for order withdrawing writ of Habeas Corpus Ad Testificandum as to Donald Fillers (1). Signed by Magistrate Judge William B Carter on 2/9/10. (KFB, ) (Entered: 02/09/2010)
02/09/2010162 REPLY TO RESPONSE to Motion by David Wood re 155 MOTION in Limine TO EXCLUDE STATEMENTS OF CO-CONSPIRATORS ABSENT HEARING AND FINDING OF CRITERIA OF AN ADMISSION (Shiles, C.) (Entered: 02/09/2010)
02/09/2010163 First MOTION to Continue Suppression Hearing by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (Gleason, Todd) (Entered: 02/09/2010)
02/17/2010164 ORDER granting 163 Motion to Continue Suppression Hearing is RESCHEDULED to 5/20/10 as to Donald Fillers (1), David Wood (2), James Mathis (3), Mathis Companies, Inc. (4), Watkins Street Project, LLC (5). Signed by Magistrate Judge William B Carter on 2/17/10. (KFB, ) (Entered: 02/17/2010)
02/17/2010  Set/Reset Hearings as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC: Evidentiary Hearing set for 5/20/2010 09:00 AM in Courtroom 1B - Chattanooga before Magistrate Judge William B Carter. (KFB, ) (Entered: 02/17/2010)
02/26/2010165 LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to 84 MOTION to Suppress Warrantless Search, 77 MOTION to Suppress Warrantless Search by USA (Attachments: # 1 Exhibit, # 2 Exhibit)(Gleason, Todd) (Entered: 02/26/2010)
04/07/2010166 First MOTION for Transcript of Sentencing Hearing of Gary Fillers by James Mathis. (McFadden, Hallie) Modified on 4/8/2010 to correct docket text to read same as pleading (CHP, ). (Entered: 04/07/2010)
04/07/2010167 NOTICE of Errata re 101 Response in Opposition,,,,,,,,,,,, (Gleason, Todd) (Entered: 04/07/2010)
04/08/2010168  MOTION in Limine to Exclude Allegations Relating to 1800 Block of Watkins Street by Donald Fillers. (Cory, Leslie) (Entered: 04/08/2010)
04/08/2010169  MOTION in Limine to Exclude Allegations of Improper Contact with Witnesses by Donald Fillers. (Cory, Leslie) (Entered: 04/08/2010)
04/08/2010170  MOTION IN LIMINE AND SUPPORTING MEMORANDUM TO EXCLUDE ALLEGATIONS OF IMPROPER CONTACT WITH WITNESSES by David Wood. (Attachments: # 1 Exhibit)(Shiles, C.) (Entered: 04/08/2010)
04/08/2010171 NOTICE Regarding Deposition of Witness (Cory, Leslie) (Entered: 04/08/2010)
04/09/2010172 RESPONSE to Motion by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 168 MOTION in Limine to Exclude Allegations Relating to 1800 Block of Watkins Street (Morris, Matthew) (Entered: 04/09/2010)
04/10/2010173  MOTION in Limine to Exclude Allegation of "Savlage Crew" Member Sustaining an Injury by Donald Fillers. (Cory, Leslie) (Entered: 04/10/2010)
04/14/2010174 RESPONSE to Motion by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 173 MOTION in Limine to Exclude Allegation of "Savlage Crew" Member Sustaining an Injury (Morris, Matthew) (Entered: 04/14/2010)
04/20/2010175 RESPONSE in Opposition by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 169 MOTION in Limine to Exclude Allegations of Improper Contact with Witnesses, 170 MOTION IN LIMINE AND SUPPORTING MEMORANDUM TO EXCLUDE ALLEGATIONS OF IMPROPER CONTACT WITH WITNESSES (Gleason, Todd) (Entered: 04/20/2010)
04/21/2010176  MOTION in Limine to Preclude Evidence Or Argument Concerning APC Non-Feasance or Inconsistent Enforcement by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (Attachments: # 1 Other Memorandum of Law)(Gleason, Todd) (Entered: 04/21/2010)
04/23/2010177 RESPONSE to Motion by Donald Fillers re 176 MOTION in Limine to Preclude Evidence Or Argument Concerning APC Non-Feasance or Inconsistent Enforcement (Cory, Leslie) (Entered: 04/23/2010)
04/26/2010178 RESPONSE to Motion by David Wood re 176 MOTION in Limine to Preclude Evidence Or Argument Concerning APC Non-Feasance or Inconsistent Enforcement (Shiles, C.) (Entered: 04/26/2010)
04/26/2010179  MOTION to Exclude ALLEGATIONS RELATING TO 1800 BLOCK OF WATKINS STREET by David Wood. (Shiles, C.) (Entered: 04/26/2010)
04/26/2010180  MOTION to Exclude ALLEGATIONS OF "SALVAGE CREW" MEMBER SUSTAINING AN INJURY by David Wood. (Attachments: # 1 Exhibit)(Shiles, C.) (Entered: 04/26/2010)
04/29/2010181 REPLY TO RESPONSE to Motion by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 176 MOTION in Limine to Preclude Evidence Or Argument Concerning APC Non-Feasance or Inconsistent Enforcement (Attachments: # 1 Exhibit)(Gleason, Todd) (Entered: 04/29/2010)
04/30/2010182 SUBPOENA Returned Executed as to Robert H. Colby on 04-08-2010. (Cory, Leslie) (Entered: 04/30/2010)
04/30/2010183 SUBPOENA Returned Executed as to Kathy Jones on 04-13-2010. (Cory, Leslie) (Entered: 04/30/2010)
04/30/2010184 SUBPOENA Returned Executed as to Gary Fillers on 4/27/2010. (Cory, Leslie) (Entered: 04/30/2010)
04/30/2010185 SUBPOENA Returned Executed as to Michael R. Gray on 4/8/2010. (Cory, Leslie) (Entered: 04/30/2010)
04/30/2010186 SUBPOENA Returned Executed as to Halbert Warden on 4/19/2010. (Cory, Leslie) (Entered: 04/30/2010)
04/30/2010187 SUBPOENA Returned Executed as to Keeper of Records, Chattanooga-Hamilton County Air Pollution Control Bureau on 4/8/10. (Cory, Leslie) (Entered: 04/30/2010)
04/30/2010188 SUBPOENA Returned Executed as to John Shultz on 4/5/10. (Cory, Leslie) (Entered: 04/30/2010)
05/03/2010189 RESPONSE to Motion by USA as to David Wood re 180 MOTION to Exclude ALLEGATIONS OF "SALVAGE CREW" MEMBER SUSTAINING AN INJURY (Morris, Matthew) (Entered: 05/03/2010)
05/05/2010190 NOTICE of Potential Scheduling Conflict (Gleason, Todd) (Entered: 05/05/2010)
05/10/2010191 MEMORANDUM AND ORDER denying 81 Motion to Sever Defendant as to Donald Fillers (1); denying 79 Motion to Sever Defendant as to Watkins Street Project, LLC (5). Signed by District Judge Curtis L Collier on 5/10/2010. (CHP, ) (Entered: 05/10/2010)
05/10/2010192 ORDER granting 166 Motion for Transcript of plea hearing as to James Mathis (3). Signed by Magistrate Judge William B Carter on 5/10/10. (KFB, ) (Entered: 05/10/2010)
05/12/2010193 ORDER denying 132 Motion for Change of Venue as to Donald Fillers (1); denying 103 Motion as to David Wood (2); denying 109 Motion for Change of Venue as to James Mathis (3); denying 135 Motion for Change of Venue as to Watkins Street Project, LLC (5). Signed by District Judge Curtis L Collier on 5/11/2010. (DJH, ) (Entered: 05/12/2010)
05/13/2010194  MOTION to Accept Second Supplemental Brief in Response to Defendants' Motion to Suppress by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (Gleason, Todd) (Entered: 05/13/2010)
05/13/2010195 LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to 84 MOTION to Suppress Warrantless Search, 77 MOTION to Suppress Warrantless Search by USA (Gleason, Todd) (Entered: 05/13/2010)
05/14/2010196 RESPONSE to Motion by Donald Fillers re 194 MOTION to Accept Second Supplemental Brief in Response to Defendants' Motion to Suppress (Levitt, Martin) (Entered: 05/14/2010)
05/20/2010198 Minute Entry for proceedings held before Magistrate Judge William B Carter:Motion Hearing as to Donald Fillers, Watkins Street Project, LLC held on 5/20/2010 re 84 MOTION to Suppress Warrantless Search filed by Donald Fillers, 77 MOTION to Suppress Warrantless Search filed by Watkins Street Project, LLC (Court Reporter Shannan Andrews) (Attachments: # 1 Exhibit/Witness List) (GRE, ) (Entered: 05/24/2010)
05/21/2010197 NOTICE OF ABSENCE (Shiles, C.) (Entered: 05/21/2010)
05/27/2010199 NOTICE OF FILING of Video Recording of Deposition (Morris, Matthew) Modified on 6/2/2010 - DVD of video deposition received and placed in criminal cabinet in vault (CHP, ). (Entered: 05/27/2010)
06/04/2010200 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Donald Fillers, Watkins Street Project, LLC held on 5-20-10 (Suppression Hearing), before Judge Carter. Court Reporter/Transcriber Shannan Andrews, Telephone number 423 756-5174. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/25/2010. Redacted Transcript Deadline set for 7/6/2010. Release of Transcript Restriction set for 9/2/2010. (SIA, ) (Entered: 06/04/2010)
06/11/2010  CJA 24 as to James Mathis: Authorization to Pay Shannan Andrews Voucher # 100611000011. Signed by Magistrate Judge William B Carter on 6/11/2010. (DJH, ) (Entered: 06/14/2010)
06/15/2010201 BRIEF as to 84 Motion to Suppress filed by Defendant Donald Fillers (Cory, Leslie) (Entered: 06/15/2010)
06/15/2010202 BRIEF USA (Morris, Matthew) (Entered: 06/15/2010)
06/29/2010203 NOTICE Updating Court as to Potential Scheduling Conflict by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 190 Notice (Other) (Gleason, Todd) (Entered: 06/29/2010)
07/19/2010204  MOTION re 201 Brief : to Supplement Suppression Hearing Brief with Additional Legal Authority by Donald Fillers. (Cory, Leslie) (Entered: 07/19/2010)
07/20/2010205  MOTION to Supplement Suppression Hearing Evidence re 201 Brief by Donald Fillers. (Attachments: # 1 Affidavit Denis Bakkom, # 2 Other Photo Log, # 3 Exhibit #1 Photo, # 4 Exhibit #2 Photo, # 5 Exhibit #3 Photo)(Cory, Leslie) (Entered: 07/20/2010)
07/20/2010206 NOTICE of Supplemental Filing - Exhibits 4-5 to Motion to Supplement Suppression Hearing Evidence by Donald Fillers re 205 MOTION to Supplement Suppression Hearing Evidence re 201 Brief MOTION to Supplement Suppression Hearing Evidence re 201 Brief (Attachments: # 1 Exhibit #4 Photo, # 2 Exhibit #5 Photo)(Cory, Leslie) (Entered: 07/20/2010)
07/20/2010207 NOTICE of Supplemental Filing - Exhibits 6-8 to Motion to Supplement Suppression Hearing Evidence by Donald Fillers re 205 MOTION to Supplement Suppression Hearing Evidence re 201 Brief MOTION to Supplement Suppression Hearing Evidence re 201 Brief (Attachments: # 1 Exhibit #6 Photo, # 2 Exhibit #7 Photo, # 3 Exhibit #8 Photo)(Cory, Leslie) (Entered: 07/20/2010)
07/20/2010208 NOTICE of Supplemental Filing - Exhibits 9-11 to Motion to Supplement Suppression Hearing Evidence by Donald Fillers re 205 MOTION to Supplement Suppression Hearing Evidence re 201 Brief MOTION to Supplement Suppression Hearing Evidence re 201 Brief (Attachments: # 1 Exhibit #9 Photo, # 2 Exhibit #10 Photo, # 3 Exhibit #11 Photo)(Cory, Leslie) (Entered: 07/20/2010)
07/20/2010209 NOTICE of Supplemental Filing - Exhibits 12-13 to Motion to Supplement Suppression Hearing Evidence by Donald Fillers re 205 MOTION to Supplement Suppression Hearing Evidence re 201 Brief MOTION to Supplement Suppression Hearing Evidence re 201 Brief (Attachments: # 1 Exhibit #12 Photo, # 2 Exhibit #13 Photo)(Cory, Leslie) (Entered: 07/20/2010)
07/20/2010210  MOTION re 201 Brief to Supplement Suppression Hearing Evidence by Watkins Street Project, LLC. (Attachments: # 1 Affidavit Denis Bakkom)(Marsa, Myrlene) (Entered: 07/20/2010)
07/23/2010211 RESPONSE in Opposition by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 210 MOTION re 201 Brief to Supplement Suppression Hearing Evidence, 205 MOTION to Supplement Suppression Hearing Evidence re 201 Brief MOTION to Supplement Suppression Hearing Evidence re 201 Brief, 204 MOTION re 201 Brief : to Supplement Suppression Hearing Brief with Additional Legal Authority (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Gleason, Todd) (Entered: 07/23/2010)
07/28/2010212 REPLY TO RESPONSE to Motion by Donald Fillers re 205 MOTION to Supplement Suppression Hearing Evidence re 201 Brief MOTION to Supplement Suppression Hearing Evidence re 201 Brief, 204 MOTION re 201 Brief : to Supplement Suppression Hearing Brief with Additional Legal Authority (Cory, Leslie) (Entered: 07/28/2010)
09/14/2010213 MEMORANDUM as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC Signed by District Judge Curtis L Collier on 9/14/2010. (DJH, ) (Entered: 09/14/2010)
09/14/2010214 ORDER denying 50 Motion to Strike as to Donald Fillers (1); granting in part and denying in part 54 Motion to Strike as to Donald Fillers (1); denying 56 Motion to Strike as to Donald Fillers (1); denying 92 Motion to Strike as to David Wood (2); denying 94 Motion to Strike as to David Wood (2); denying 60 Motion to Strike as to James Mathis (3); denying 62 Motion to Strike as to James Mathis (3); denying 65 Motion to Strike as to James Mathis (3); denying 69 Motion to Strike as to Watkins Street Project, LLC (5); denying 71 Motion to Strike as to Watkins Street Project, LLC (5); granting in part and denying in part 73 Motion to Strike as to Watkins Street Project, LLC (5). Signed by District Judge Curtis L Collier on 9/14/2010. (DJH, ) (Entered: 09/14/2010)
09/24/2010  CJA 24 as to James Mathis: Authorization to Pay Elizabeth Coffey Voucher # 100924000014. Signed by District Judge Curtis L Collier on 9/23/2010. (DJH, ) (Entered: 09/24/2010)
10/18/2010215 NOTICE of Potential Scheduling Conflict by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC (Gleason, Todd) (Entered: 10/18/2010)
10/28/2010216 ORDER granting 204 Motion to supplement brief in support of motion to suppress with additional authority filed by Donald Fillers. This entry is a gavel order and constitutes the complete order of the Court. There is no document attached to this entry.Signed by Magistrate Judge William B Carter on 10-28-10. (KMG, ) (Entered: 10/28/2010)
10/28/2010217 ORDER granting 194 Motion to file second supplemental brief in response to defendants' motion to suppress -- as to Donald Fillers (1), David Wood (2), James Mathis (3), Mathis Companies, Inc. (4), Watkins Street Project, LLC (5). This entry is a gavel order and constitutes the complete order of the Court. There is no document attached to this entry. Signed by Magistrate Judge William B Carter on 10/28/10. (KMG, ) (Entered: 10/28/2010)
10/28/2010218 ORDER denying 205 Motion to supplement as to Donald Fillers (1); denying 210 Motion to supplement as to Watkins Street Project, LLC (5). Signed by Magistrate Judge William B Carter on 10/28/10. (KFB, ) (Entered: 10/28/2010)
10/28/2010219 REPORT AND RECOMMENDATION as to Donald Fillers, Watkins Street Project, LLC. Signed by Magistrate Judge William B Carter on 10/28/10. (Attachments: # 1 Exhibit) (KFB, ) (Attachment 1 replaced on 11/4/2010) (KFB, ). (Additional attachment(s) added on 11/4/2010: # 2 Exhibit 2, # 3 Exhibit 3) (KFB, ). (Entered: 10/29/2010)
11/10/2010220 OBJECTION TO REPORT AND RECOMMENDATIONS 219 by Donald Fillers as to Donald Fillers and Watkins Street Project, LLC (Attachments: # 1 Exhibit Contract, # 2 Exhibit Photograph, # 3 Exhibit Affidavit of Jackie Fillers)(Cory, Leslie) (Entered: 11/10/2010)
11/10/2010221 Second MOTION re 219 REPORT AND RECOMMENDATIONS as to Donald Fillers, Watkins Street Project, LLC, 220 Objection to Report and Recommendations to Supplement Suppression Hearing Evidence by Donald Fillers. (Cory, Leslie) (Entered: 11/10/2010)
11/22/2010222 RESPONSE in Opposition by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 219 REPORT AND RECOMMENDATIONS as to Donald Fillers, Watkins Street Project, LLC, 221 Second MOTION re 219 REPORT AND RECOMMENDATIONS as to Donald Fillers, Watkins Street Project, LLC, 220 Objection to Report and Recommendations to Supplement Suppression Hearing Evidence (Attachments: # 1 Exhibit)(Gleason, Todd) (Entered: 11/22/2010)
11/23/2010223 Third MOTION to Supplement Suppression Hearing Evidence re 219 REPORT AND RECOMMENDATIONS as to Donald Fillers, Watkins Street Project, LLC, 220 Objection to Report and Recommendations by Donald Fillers. (Attachments: # 1 Exhibit 11/17/10 Supplemental Discovery)(Cory, Leslie) (Entered: 11/23/2010)
11/24/2010224 REPLY TO RESPONSE to Motion by Donald Fillers re 219 REPORT AND RECOMMENDATIONS as to Donald Fillers, Watkins Street Project, LLC (Attachments: # 1 Exhibit photo of site w/tape, # 2 Exhibit photo of site w/tape 2)(Cory, Leslie) (Entered: 11/24/2010)
11/29/2010225 RESPONSE to Motion by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 223 Third MOTION to Supplement Suppression Hearing Evidence re 219 REPORT AND RECOMMENDATIONS as to Donald Fillers, Watkins Street Project, LLC, 220 Objection to Report and RecommendationsThird MOTION to Supplement Suppression Hearing Evidence re 219 REPORT AND RECOMMENDATIONS as to Donald Fillers, Watkins Street Project, LLC, 220 Objection to Report and Recommendations (Morris, Matthew) (Entered: 11/29/2010)
12/01/2010226 REPLY TO RESPONSE to Motion by Donald Fillers re 223 Third MOTION to Supplement Suppression Hearing Evidence re 219 REPORT AND RECOMMENDATIONS as to Donald Fillers, Watkins Street Project, LLC, 220 Objection to Report and RecommendationsThird MOTION to Supplement Suppression Hearing Evidence re 219 REPORT AND RECOMMENDATIONS as to Donald Fillers, Watkins Street Project, LLC, 220 Objection to Report and Recommendations (Cory, Leslie) (Entered: 12/01/2010)
12/08/2010227 NOTICE by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC (Gleason, Todd) (Entered: 12/08/2010)
12/14/2010228 REPORT AND RECOMMENDATION as to Donald Fillers, Watkins Street Project, LLC re 223 Third MOTION to Supplement Suppression Hearing Evidence re 219 REPORT AND RECOMMENDATIONS as to Donald Fillers, Watkins Street Project, LLC, 220 Objection to Report and RecommendationsThird MOTION to Supplement Suppression Hearing Evidence re 219 REPORT AND RECOMMENDATIONS as to Donald Fillers, Watkins Street Project, LLC, 220 Objection to Report and Recommendations Signed by Magistrate Judge William B Carter on 12/14/10. (KFB, ) (Entered: 12/14/2010)
12/21/2010229 OBJECTION TO REPORT AND RECOMMENDATIONS 228 by Donald Fillers as to Donald Fillers (Regarding Third Motion to Supplement Suppression Hearing Evidence) (Cory, Leslie) (Entered: 12/21/2010)
01/31/2011230 REPORT AND RECOMMENDATION as to Donald Fillers, Mathis Companies, Inc. re 221 Second MOTION re 219 REPORT AND RECOMMENDATIONS as to Donald Fillers, Watkins Street Project, LLC, 220 Objection to Report and Recommendations to Supplement Suppression Hearing Evidence Signed by Magistrate Judge William B Carter on 1/31/11. (KFB, ) (Entered: 01/31/2011)
03/22/2011231 NOTICE by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC (Gleason, Todd) (Entered: 03/22/2011)
05/31/2011232 ORDER granting 221 Motion as to Donald Fillers (1); adopting Report and Recommendations re 230 Report and Recommendations as to Donald Fillers (1). Signed by District Judge Curtis L Collier on 5/31/2011. (DJH, ) (Entered: 05/31/2011)
05/31/2011233 ORDER RESCHEDULING TRIAL as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC Plea Agreement due by 6/20/2011. Jury Trial reset for 7/5/2011 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier. Pretrial Conference reset for 6/30/2011 04:00 PM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier. Signed by District Judge Curtis L Collier on 5/31/2011. (DJH, ) (Main Document 233 replaced on 5/31/2011) (DJH, ). (Entered: 05/31/2011)
06/01/2011234 First MOTION to Continue Trial Date by James Mathis. (McFadden, Hallie) (Entered: 06/01/2011)
06/01/2011235  MOTION to Continue and Reset Trial by Donald Fillers. (Levitt, Martin) (Entered: 06/01/2011)
06/02/2011236 RESPONSE to Motion by USA as to Donald Fillers, James Mathis re 234 First MOTION to Continue Trial Date, 235 MOTION to Continue and Reset Trial (Morris, Matthew) (Entered: 06/02/2011)
06/06/2011237  MOTION to Withdraw as Attorney by Myrlene R Marsa. by Watkins Street Project, LLC. (Marsa, Myrlene) (Entered: 06/06/2011)
06/08/2011238 ORDER granting 237 Motion to Withdraw as Attorney. Myrlene R Marsa withdrawn from case. as to Watkins Street Project, LLC (5). Signed by Magistrate Judge William B Carter on 6/8/11. (KFB, ) (Entered: 06/08/2011)
06/08/2011239 Supplemental MOTION to Continue and Reset Trial by Donald Fillers as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (Levitt, Martin) Modified on 6/13/2011 - document deleted; to be refiled by atty as supplement to motion (CHP, ). (Entered: 06/08/2011)
06/13/2011240 Second MOTION to Appoint Expert Investigator by James Mathis. (Attachments: # 1 Affidavit In Support of Motion for Expert Investigator)(McFadden, Hallie) (Entered: 06/13/2011)
06/13/2011241 SUPPLEMENT to 235 MOTION to Continue and Reset Trial filed by Defendant, Don Fillers, (Levitt, Martin) (Entered: 06/13/2011)
06/14/2011242 ORDER granting 240 Motion to Appoint Expert as to James Mathis (3). Signed by Magistrate Judge William B Carter on 6/14/11. (KFB, ) (Entered: 06/14/2011)
06/14/2011243 MEMORANDUM as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. Order to follow. Signed by District Judge Curtis L Collier on 6/14/2011. (CHP, ) (Entered: 06/14/2011)
06/14/2011244 ORDER denying 84 Motion to Suppress as to Donald Fillers (1); adopting Report and Recommendations re 219 ; denying 223 Motion as to Donald Fillers (1); adopting Report and Recommendations re 228 ; denying 77 Motion to Suppress as to Watkins Street Project, LLC (5). Signed by District Judge Curtis L Collier on 6/14/2011. (CHP, ) (Entered: 06/14/2011)
06/14/2011245 NOTICE OF HEARING ON MOTION in case as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC 235 MOTION to Continue and Reset Trial, 234 First MOTION to Continue Trial Date : Motion Hearing set for 6/20/2011 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier. (CHP, ) (Entered: 06/14/2011)
06/20/2011246 Minute Entry for proceedings held before District Judge Curtis L Collier:Motion Hearing as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on 6/20/2011 re 234 First MOTION to Continue Trial Date filed by James Mathis, 235 MOTION to Continue and Reset Trial filed by Donald Fillers. (Court Reporter Elizabeth Coffey) (GRE, ) (Entered: 06/20/2011)
06/21/2011247 ORDER RESCHEDULING TRIAL granting 235 Motion to Continue as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc and Watkins Street Project, LLC (1)( Plea Agreement due by 8/1/2011., Jury Trial reset for 10/17/2011 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier., Pretrial Conference set for 10/6/2011 04:00 PM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.); granting 234 Motion to Continue as to James Mathis (3). Signed by District Judge Curtis L Collier on 6/21/2011. (DJH, ) Modified on 6/21/2011 (DJH, ). (Entered: 06/21/2011)
06/23/2011248  MOTION in Limine to Admit Testimony of Regulatory Experts by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (Gleason, Todd) (Entered: 06/23/2011)
06/23/2011249 MEMORANDUM in Support of 248 MOTION in Limine to Admit Testimony of Regulatory Experts (Attachments: # 1 Exhibit 1: Robert Colby Expert Disclosure, # 2 Exhibit 2: Colby CV, # 3 Exhibit 3: McIlvaine Expert Disclosure, # 4 Exhibit 4: McIlvaine CV)(Gleason, Todd) (Entered: 06/23/2011)
06/28/2011250 RESPONSE in Opposition by Donald Fillers re 248 MOTION in Limine to Admit Testimony of Regulatory Experts (Cory, Leslie) (Entered: 06/28/2011)
06/29/2011251 ORDER as to Watkins Street Project, LLC. Atty Gary Humble has up to and including 7/13/11 in which to file a notice of appearance. Signed by Magistrate Judge William B Carter on 6/29/11. Serviced to Gary Humble. (KFB, ) (Entered: 06/29/2011)
06/30/2011252 REPLY TO RESPONSE to Motion by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 248 MOTION in Limine to Admit Testimony of Regulatory Experts (Gleason, Todd) (Entered: 06/30/2011)
07/11/2011253 NOTICE OF ATTORNEY APPEARANCE: Gary S Humble appearing for Watkins Street Project, LLC (Humble, Gary) (Entered: 07/11/2011)
07/12/2011254  MOTION for Leave to File Document Under Seal by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (Gleason, Todd) (Entered: 07/12/2011)
07/12/2011255 SEALED Proposed Sealed Document by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re: 254 MOTION for Leave to File Document Under Seal (Gleason, Todd) Modified on 7/13/2011 (KFB, ). REFILED AS DOCUMENT #258. (Entered: 07/12/2011)
07/12/2011256 SEALED Proposed Sealed Document by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re: 254 MOTION for Leave to File Document Under Seal (Attachments: # 1 Exhibit Gleason 02/24/2010 letter, # 2 Exhibit Shiles 4/26/2010 letter)(Gleason, Todd) Modified on 7/13/2011 (KFB, ). REFILED AS DOCUMENT #259. (Entered: 07/12/2011)
07/13/2011257 ORDER granting 254 Motion for Leave to File Document Under Seal as to Donald Fillers (1), David Wood (2), James Mathis (3), Mathis Companies, Inc. (4), Watkins Street Project, LLC (5). Signed by Magistrate Judge William B Carter on 7/13/11. (KFB, ) (Entered: 07/13/2011)
07/13/2011258  SEALED MOTION by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (KFB, ) (Entered: 07/13/2011)
07/13/2011259 Sealed Document (Attachments: # 1 Exhibit, # 2 Exhibit)(KFB, ) (Entered: 07/13/2011)
07/14/2011260  MOTION for Leave to Appear Pro Hac Vice Attorney: GARY S. HUMBLE. by Watkins Street Project, LLC. (Attachments: # 1 Other Certificate of Good Standing)(Humble, Gary) (Entered: 07/14/2011)
07/26/2011261  MOTION for Leave to File Document Under Seal by David Wood. (Shiles, C.) (Entered: 07/26/2011)
07/26/2011262 SEALED Proposed Sealed Document by David Wood re: 261 MOTION for Leave to File Document Under Seal (Attachments: # 1 Exhibit A)(Shiles, C.) Modified on 7/29/2011 (KFB, ). REFILED AS DOCUMENT #269. (Entered: 07/26/2011)
07/26/2011263  MOTION for Leave to File Document Under Seal by Donald Fillers. (Cory, Leslie) (Entered: 07/26/2011)
07/26/2011264 SEALED Proposed Sealed Document by Donald Fillers re: 263 MOTION for Leave to File Document Under Seal (Cory, Leslie) Modified on 7/29/2011 (KFB, ). REFILED AS DOCUMENT #273. (Entered: 07/26/2011)
07/26/2011265  MOTION for Leave to File Document Under Seal by Watkins Street Project, LLC. (Humble, Gary) (Entered: 07/26/2011)
07/26/2011266 SEALED RESPONSE to Motion by Watkins Street Project, LLC re 258 SEALED MOTION (Humble, Gary) Modified on 7/29/2011 (KFB, ). REFILED AS DOCUMENT #271 .(KFB, ). (Entered: 07/26/2011)
07/29/2011267 ORDER granting 260 Motion for Leave to Appear Pro Hac Vice as to Watkins Street Project, LLC (5). Signed by Magistrate Judge William B Carter on 7/29/11. (KFB, ) (Entered: 07/29/2011)
07/29/2011268 ORDER granting 261 Motion for Leave to File Document Under Seal as to David Wood (2). Signed by Magistrate Judge William B Carter on 7/29/11. (KFB, ) (Entered: 07/29/2011)
07/29/2011269 SEALED RESPONSE to Motion by David Wood. re 248 MOTION in Limine to Admit Testimony of Regulatory Experts. (Attachments: # 1 Exhibit)(KFB, ). Modified on 7/29/2011 (KFB, ). (Entered: 07/29/2011)
07/29/2011270 ORDER granting 265 Motion for Leave to File Document Under Seal as to Watkins Street Project, LLC (5). Signed by Magistrate Judge William B Carter on 7/29/11. (KFB, ) (Entered: 07/29/2011)
07/29/2011271 SEALED RESPONSE to Motion by Watkins Street Project, LLC re 248 MOTION in Limine to Admit Testimony of Regulatory Experts (KFB, ) (Entered: 07/29/2011)
07/29/2011272 ORDER granting 263 Motion for Leave to File Document Under Seal as to Donald Fillers (1). Signed by Magistrate Judge William B Carter on 7/29/11. (KFB, ) (Entered: 07/29/2011)
07/29/2011273 SEALED RESPONSE to Motion by Donald Fillers re 248 MOTION in Limine to Admit Testimony of Regulatory Experts. (KFB, ) (Entered: 07/29/2011)
07/31/2011274  MOTION to Continue Plea Deadline by Watkins Street Project, LLC. (Humble, Gary) (Entered: 07/31/2011)
08/02/2011275 RESPONSE to Motion by Donald Fillers as to Watkins Street Project, LLC re 274 MOTION to Continue Plea Deadline (Cory, Leslie) (Entered: 08/02/2011)
08/02/2011276  MOTION for Leave to File Document Under Seal by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (Morris, Matthew) (Entered: 08/02/2011)
08/02/2011277 SEALED Proposed Sealed Document by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re: 276 MOTION for Leave to File Document Under Seal (Morris, Matthew) (Entered: 08/02/2011)
08/03/2011278 ORDER granting 276 Motion for Leave to File Document Under Seal as to Donald Fillers (1), David Wood (2), James Mathis (3), Mathis Companies, Inc. (4), Watkins Street Project, LLC (5). Signed by Magistrate Judge William B Carter on 8/3/11. (KFB, ) (Entered: 08/03/2011)
08/03/2011279 SEALED REPLY in further support to Motion by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 258 SEALED MOTION. (KFB, ) (Entered: 08/03/2011)
09/01/2011280  MOTION in Limine to Admit Testimony of the Defendants' On-Site Admissions to Halbert Warden by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (Gleason, Todd) (Entered: 09/01/2011)
09/01/2011281 MEMORANDUM in Support of 280 MOTION in Limine to Admit Testimony of the Defendants' On-Site Admissions to Halbert Warden (Attachments: # 1 Exhibit 1: WSP Operating Agreement & Action Member List, # 2 Exhibit 2: Demolition Application & 10-Day Notice, # 3 Exhibit 3: Mathis Contractor Agreement, # 4 Exhibit 4: 2003 AAI Asbestos Survey, # 5 Exhibit 5: ADC Asbestos Abatement Survey/Proposal & 2004 Change Orders)(Gleason, Todd) (Entered: 09/01/2011)
09/02/2011282  MOTION for Writ of Habeas Corpus ad testificandum by Donald Fillers. (Attachments: # 1 Affidavit Affidavit in support of petition for writ, # 2 Text of Proposed Order Proposed writ)(Cory, Leslie) (Entered: 09/02/2011)
09/02/2011283 ORDER granting 282 Motion for Writ of Habeas Corpus ad testificandum for Hert G. Warden as to Donald Fillers (1). Signed by Magistrate Judge William B Carter on 9/2/2011. (CHP, ) (Entered: 09/02/2011)
09/02/2011  Writ of Habeas Corpus ad Testificandum Issued as to Herbert G Warden for 10/17/2011 in case as to Donald Fillers (CHP, ) (Entered: 09/02/2011)
09/09/2011284 RESPONSE to Motion by James Mathis re 280 MOTION in Limine to Admit Testimony of the Defendants' On-Site Admissions to Halbert Warden (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(McFadden, Hallie) Modified on 9/12/2011 to delete document; document refiled by counsel (CHP, ). (Entered: 09/09/2011)
09/09/2011285 RESPONSE to Motion by James Mathis re 280 MOTION in Limine to Admit Testimony of the Defendants' On-Site Admissions to Halbert Warden (Corrected) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(McFadden, Hallie) (Entered: 09/09/2011)
09/12/2011286 RESPONSE to Motion by Donald Fillers re 280 MOTION in Limine to Admit Testimony of the Defendants' On-Site Admissions to Halbert Warden (Attachments: # 1 Exhibit HalbertWarden GJTR 23-24, # 2 Exhibit HalbertWarden GJTR 22-23)(Cory, Leslie) (Entered: 09/12/2011)
09/14/2011287 RESPONSE to Motion by David Wood re 280 MOTION in Limine to Admit Testimony of the Defendants' On-Site Admissions to Halbert Warden and Motion in Limine to Exclude (Attachments: # 1 Exhibit exerpts from deposition of Herbert Warden, # 2 Exhibit exerpt of deposition of Halbert Warden, # 3 Exhibit Air Pollution Control Demolition Permit 2360)(Shiles, C.) (Entered: 09/14/2011)
09/15/2011288 RESPONSE in Opposition by Watkins Street Project, LLC re 280 MOTION in Limine to Admit Testimony of the Defendants' On-Site Admissions to Halbert Warden (Humble, Gary) (Entered: 09/15/2011)
09/21/2011289 REPLY TO RESPONSE to Motion by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 280 MOTION in Limine to Admit Testimony of the Defendants' On-Site Admissions to Halbert Warden (Attachments: # 1 Exhibit 1: Incomplete Survey, # 2 Exhibit 2: Halbert Warden GJ Transcript, # 3 Exhibit 3: Halbert Warden 4/27/09 ROI)(Gleason, Todd) (Entered: 09/21/2011)
09/26/2011290 ORDER RESCHEDULING TRIAL as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC, Jury Trial set for 10/24/2011 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier. Pretrial Conference set for 10/6/2011 04:00 PM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier. Signed by District Judge Curtis L Collier on 9/26/2011. (CHP, ) (Entered: 09/26/2011)
09/30/2011291  MOTION to Dismiss Count 8 by USA as to James Mathis. (Morris, Matthew) (Entered: 09/30/2011)
10/04/2011292 ORDER granting 291 Motion to Dismiss as to James Mathis without prejudice (3). Signed by District Judge Curtis L Collier on 10/4/2011. (DJH, ) (Entered: 10/05/2011)
10/05/2011293 NOTICE Regarding Government's Use of Courtroom Technology by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC (Gleason, Todd) (Entered: 10/05/2011)
10/05/2011294 Proposed Voir Dire by Donald Fillers (Cory, Leslie) (Entered: 10/05/2011)
10/05/2011295 NOTICE of Defendant Donald Fillers' Planned Use of Courtroom Technology by Donald Fillers (Cory, Leslie) (Entered: 10/05/2011)
10/05/2011296 Proposed Voir Dire by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC (Gleason, Todd) (Entered: 10/05/2011)
10/06/2011297 ORDER denying 58 Motion for use of an extensive jury questionnaire as to Donald Fillers (1); denying 67 Motion for use of an extensive jury questionnaire as to Watkins Street Project, LLC (5). Signed by District Judge Curtis L Collier on 10/6/2011. (DJH, ) (Entered: 10/06/2011)
10/06/2011298 NOTICE of Plan to Use Courtroom Technology Pursuant to Court Order by David Wood (Shiles, C.) (Entered: 10/06/2011)
10/06/2011299 Proposed Jury Instructions by David Wood (Shiles, C.) (Entered: 10/06/2011)
10/06/2011300 Proposed Voir Dire by David Wood (Shiles, C.) (Entered: 10/06/2011)
10/06/2011301 Proposed Jury Instructions by Donald Fillers (Cory, Leslie) (Entered: 10/06/2011)
10/06/2011302  MOTION for Writ of Habeas Corpus ad testificandum by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (Morris, Matthew) (Entered: 10/06/2011)
10/06/2011303 ORDER granting 302 Motion for Writ of Habeas Corpus ad testificandum as to Donald Fillers (1), David Wood (2), James Mathis (3), Mathis Companies, Inc. (4), Watkins Street Project, LLC (5). Signed by Magistrate Judge William B Carter on 10/6/11. Serviced to USM. (KFB, ) (Entered: 10/07/2011)
10/06/2011  Writ of Habeas Corpus ad Testificandum Issued as to Richard Bolden for 10/24/11 @ 9:00 in case as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. Serviced to USM. (KFB, ) (Entered: 10/07/2011)
10/06/2011306 Minute Entry for proceedings held before District Judge Curtis L Collier:Pretrial Conference as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on 10/6/2011, ( Jury Trial reset for 1/9/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 10/07/2011)
10/07/2011304  MOTION Additional Peremptory Challenges by Watkins Street Project, LLC. (Humble, Gary) (Entered: 10/07/2011)
10/07/2011305 FINAL PRETRIAL ORDER as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC Signed by District Judge Curtis L Collier on 10/6/2011. (DJH, ) (Entered: 10/07/2011)
10/13/2011307 ORDER denying 304 Motion as to Watkins Street Project, LLC (5). Signed by District Judge Curtis L Collier on 10/13/2011. (DJH, ) (Entered: 10/13/2011)
10/24/2011308 SUBPOENA Returned Unexecuted on 10/12/11 as to Herbert Warden (CHP, ) (Entered: 10/25/2011)
10/25/2011309 SEALED ORDER as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. Signed by District Judge Curtis L Collier on 10/25/2011. (copies mailed to counsel) (CHP, ) (Entered: 10/26/2011)
11/08/2011310 MEMORANDUM & ORDER granting in part and otherwise reserves ruling 280 Motion in Limine as to Donald Fillers (1), David Wood (2), James Mathis (3), Mathis Companies, Inc. (4), Watkins Street Project, LLC (5); granting 248 Motion in Limine as to Donald Fillers (1), David Wood (2), James Mathis (3), Mathis Companies, Inc. (4), Watkins Street Project, LLC (5). Signed by District Judge Curtis L Collier on 11/8/2011. (DJH, ) Modified on 11/8/2011 (DJH, ). (Entered: 11/08/2011)
11/11/2011311  MOTION for Writ of Habeas Corpus ad testificandum by Donald Fillers. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order Writ of Habeas Corpus Ad Testificandum)(Cory, Leslie) (Entered: 11/11/2011)
11/14/2011312 ORDER granting 311 Motion for Writ of Habeas Corpus ad testificandum as to Donald Fillers (1). Signed by Magistrate Judge William B Carter on 11/14/11. Serviced to USM. (KFB, ) (Entered: 11/14/2011)
11/14/2011  Writ of Habeas Corpus ad Testificandum Issued as to Donald Fillers for 1/9/12 in case as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. Serviced to USM.(KFB, ) (Entered: 11/14/2011)
11/14/2011313 Pro Se MOTION to be allowed to testify by telephonic or audio visual outlet by Herbert Warden. (CHP, ) (Entered: 11/15/2011)
11/17/2011314 RESPONSE in Opposition by Donald Fillers re 313 MOTION to be allowed to testify by telephonic or audio visual outlet (Cory, Leslie) (Entered: 11/17/2011)
11/17/2011315 RESPONSE in Opposition by James Mathis re 313 MOTION to be allowed to testify by telephonic or audio visual outlet (McFadden, Hallie) (Entered: 11/17/2011)
11/18/2011316 RESPONSE to Motion by David Wood re 313 MOTION to be allowed to testify by telephonic or audio visual outlet (Shiles, C.) (Entered: 11/18/2011)
11/23/2011317 RESPONSE in Opposition by Watkins Street Project, LLC re 313 MOTION to be allowed to testify by telephonic or audio visual outlet (Humble, Gary) (Entered: 11/23/2011)
11/25/2011318 RESPONSE to Motion by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 313 MOTION to be allowed to testify by telephonic or audio visual outlet by Herbert Warden and Reply to Defendants' Responses [314, 315, 316, and 317] (Morris, Matthew) (Entered: 11/25/2011)
11/30/2011319 Pro Se MOTION to invoke fifth amendment right not to testify in absentia by Herbert Warden. (CHP, ) (Entered: 12/01/2011)
12/05/2011320 ORDER denying 313 Motion filed by Herbert Warden as to Donald Fillers (1), David Wood (2), James Mathis (3), Mathis Companies, Inc. (4), Watkins Street Project, LLC (5). Signed by District Judge Curtis L Collier on 12/5/2011.Copy of order mailed to Herbert Warden at last known address. (SAC, ) (Entered: 12/05/2011)
12/14/2011323 MOTION to supplement pending motion to invoke fifth amendment right not to testify in absentia by Herbert Warden. (CHP, ) (Entered: 12/16/2011)
12/15/2011321  MOTION in Limine to Admit Evidence Under Federal Rule of Evidence 609 as to Herbert G. Warden by Donald Fillers. (Cory, Leslie) (Entered: 12/15/2011)
12/15/2011322 MEMORANDUM in Support of 321 MOTION in Limine to Admit Evidence Under Federal Rule of Evidence 609 as to Herbert G. Warden (Cory, Leslie) (Entered: 12/15/2011)
12/19/2011324 First MOTION TO JOIN DON FILLERS MOTION IN LIMINETO ADMIT EVIDENCE UNDER FEDERAL RULES OF EVIDENCE RULE 609 AS TO HERBERT WARDEN by James Mathis as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (McFadden, Hallie) (Entered: 12/19/2011)
12/19/2011325  MOTION in Limine by David Wood. (Shiles, C.) (Entered: 12/19/2011)
12/19/2011327  EX PARTE MOTION by David Wood. (CHP, ) (Entered: 12/20/2011)
12/20/2011326  MOTION Issuance of Subpoena by David Wood. (Attachments: # 1 Other Subpoena Jeffrey Crane)(Shiles, C.) (Entered: 12/20/2011)
12/22/2011328 ORDER granting 326 Motion for Issuance of Subpoena as to David Wood (2). Signed by Magistrate Judge William B Carter on 12/22/11. (GRE, ) (Entered: 12/22/2011)
12/22/2011329 ORDER granting 327 Ex Parte Motion as to David Wood (2). Signed by Magistrate Judge William B Carter on 12/22/11. (GRE, ) (Entered: 12/22/2011)
12/23/2011330 RESPONSE in Support by Watkins Street Project, LLC re 324 First MOTION TO JOIN DON FILLERS MOTION IN LIMINETO ADMIT EVIDENCE UNDER FEDERAL RULES OF EVIDENCE RULE 609 AS TO HERBERT WARDEN (Humble, Gary) (Entered: 12/23/2011)
12/28/2011331  MOTION issuance of a subpoena by David Wood. (Attachments: # 1 Other Subpoena to Testify at Trial)(Shiles, C.) (Entered: 12/28/2011)
12/28/2011332 ORDER granting 331 Motion for USM to serve subpoena on Paulette Barton as to David Wood (2). Signed by Magistrate Judge William B Carter on 12/28/11. This Order and issued subpoena serviced to USM. (KFB, ) (Entered: 12/28/2011)
12/29/2011333 RESPONSE in Opposition by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 324 First MOTION TO JOIN DON FILLERS MOTION IN LIMINETO ADMIT EVIDENCE UNDER FEDERAL RULES OF EVIDENCE RULE 609 AS TO HERBERT WARDEN, 321 MOTION in Limine to Admit Evidence Under Federal Rule of Evidence 609 as to Herbert G. Warden, 325 MOTION in Limine (Attachments: # 1 Exhibit 1-Dayton Baggett Criminal History Report, # 2 Exhibit 2-Herbert Warden Criminal History Report, # 3 Exhibit 3-MDTN Docket Report; 3:96-CR-84)(Gleason, Todd) (Entered: 12/29/2011)
12/30/2011334 NOTICE OF FILING Exhibits as to David Wood (Shiles, C.) (Entered: 12/30/2011)
12/30/2011335 NOTICE OF FILING of Exhibits as to Donald Fillers (Cory, Leslie) (Entered: 12/30/2011)
12/30/2011336 NOTICE of Filing of Exhibits by James Mathis (McFadden, Hallie) (Entered: 12/30/2011)
12/30/2011337 NOTICE OF FILING of Trial Exhibits & Service of Jencks Materials & Supplemental Discovery as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC (Gleason, Todd) (Entered: 12/30/2011)
01/02/2012338 REPLY TO RESPONSE to Motion by Donald Fillers re 321 MOTION in Limine to Admit Evidence Under Federal Rule of Evidence 609 as to Herbert G. Warden (Cory, Leslie) (Entered: 01/02/2012)
01/02/2012339  MOTION in Limine TO PRECLUDE ALLEGATIONS OF ALLEGED WORK PRACTICE VIOLATIONS AGAINST ALTERNATIVE ACTIONS, INC. by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (Morris, Matthew) (Entered: 01/02/2012)
01/02/2012340 MEMORANDUM in Support of 339 MOTION in Limine TO PRECLUDE ALLEGATIONS OF ALLEGED WORK PRACTICE VIOLATIONS AGAINST ALTERNATIVE ACTIONS, INC. (Attachments: # 1 EPA Report of Investigative Activity)(Morris, Matthew) (Entered: 01/02/2012)
01/03/2012341 MODIFIED ORDER FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM as to Donald Fillers re 312 Order on Motion for Writ of Habeas Corpus ad testificandum Signed by Magistrate Judge William B Carter on 1/3/12. SERVICED TO USM. (KFB, ) (Entered: 01/03/2012)
01/03/2012342 RESPONSE to Motion by David Wood re 339 MOTION in Limine TO PRECLUDE ALLEGATIONS OF ALLEGED WORK PRACTICE VIOLATIONS AGAINST ALTERNATIVE ACTIONS, INC. (Attachments: # 1 Exhibit Resume of Michael Gray)(Shiles, C.) (Entered: 01/03/2012)
01/03/2012343 RESPONSE in Opposition by James Mathis re 339 MOTION in Limine TO PRECLUDE ALLEGATIONS OF ALLEGED WORK PRACTICE VIOLATIONS AGAINST ALTERNATIVE ACTIONS, INC. (Joining Response Filed By David Wood) (McFadden, Hallie) (Entered: 01/03/2012)
01/04/2012344 REPLY TO RESPONSE to Motion by David Wood re 325 MOTION in Limine (Attachments: # 1 Exhibit Uniform Arrest Report, # 2 Exhibit Relevant Judgment)(Shiles, C.) (Entered: 01/04/2012)
01/04/2012345 RESPONSE to Motion by Donald Fillers re 339 MOTION in Limine TO PRECLUDE ALLEGATIONS OF ALLEGED WORK PRACTICE VIOLATIONS AGAINST ALTERNATIVE ACTIONS, INC. (Cory, Leslie) (Entered: 01/04/2012)
01/04/2012353 Sealed Document (copy handed to atty) (CHP, ) (Entered: 01/10/2012)
01/05/2012346 Proposed Jury Instructions by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC (Gleason, Todd) (Entered: 01/05/2012)
01/05/2012347 Proposed Voir Dire by James Mathis (McFadden, Hallie) (Entered: 01/05/2012)
01/05/2012348 NOTICE of Second Exhibit Filing by David Wood (Shiles, C.) (Entered: 01/05/2012)
01/05/2012349 SUBPOENA Returned Executed as to Aubrey Wood on 12/22/2011. (CHP, ) (Entered: 01/06/2012)
01/06/2012350 Proposed Jury Instructions Request for Preliminary Jury Instruction by Watkins Street Project, LLC (Humble, Gary) (Entered: 01/06/2012)
01/06/2012354 RETURN OF SERVICE (USM285) on 12/21/2011 of subpoena to Herbert Warden as to Donald Fillers (CHP, ) (Entered: 01/10/2012)
01/08/2012351 RESPONSE in Opposition by Watkins Street Project, LLC re 339 MOTION in Limine TO PRECLUDE ALLEGATIONS OF ALLEGED WORK PRACTICE VIOLATIONS AGAINST ALTERNATIVE ACTIONS, INC. (Humble, Gary) (Entered: 01/08/2012)
01/08/2012352 Proposed Voir Dire by Donald Fillers (Cory, Leslie) (Entered: 01/08/2012)
01/09/2012  Minute Entry for proceedings held before District Judge Curtis L Collier: Voir Dire held on 1/9/2012 as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC (Court Reporter Elizabeth Coffey) (CHP, ) (Entered: 01/11/2012)
01/09/2012356 Minute Entry for proceedings held before District Judge Curtis L Collier: Day One of Jury Trial as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on 1/9/2012 (Court Reporter Elizabeth Coffey) (CHP, ) (Entered: 01/11/2012)
01/10/2012355 SUBPOENA Returned Executed as to Jeffrey H Crane on 12/22/2011. (CHP, ) (Entered: 01/11/2012)
01/10/2012357 Minute Entry for proceedings held before District Judge Curtis L Collier: Day Two of Jury Trial as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on 1/10/2012 (Court Reporter Elizabeth Coffey) (CHP, ) (Entered: 01/11/2012)
01/11/2012361 Minute Entry for proceedings held before District Judge Curtis L Collier: Third Day of Jury Trial as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on 1/11/2012 (Court Reporter Elizabeth Coffey) (CHP, ) (Entered: 01/17/2012)
01/12/2012358  MOTION Admit Excerpt of Halbert Warden's Grand Jury Testimony by Watkins Street Project, LLC. (Attachments: # 1 Excerpt of Halbert Warden's Grand Jury Testimony)(Humble, Gary) (Entered: 01/12/2012)
01/17/2012359 RESPONSE in Opposition by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 358 MOTION Admit Excerpt of Halbert Warden's Grand Jury Testimony (Attachments: # 1 134(a) - Grand Jury Transcript of Halbert Warden - Page 47)(Morris, Matthew) (Entered: 01/17/2012)
01/17/2012360 REPLY TO RESPONSE to Motion by Watkins Street Project, LLC re 358 MOTION Admit Excerpt of Halbert Warden's Grand Jury Testimony (Humble, Gary) (Entered: 01/17/2012)
01/17/2012363 Minute Entry for proceedings held before District Judge Curtis L Collier: Fourth Day of Jury Trial as to Donald Fillers, David Wood, James Mathis, Watkins Street Project, LLC held on 1/17/2012 (Court Reporter Elizabeth Coffey) (DJH, ) Modified on 1/18/2012 (DJH, ). (Main Document 363 replaced on 1/18/2012) (DJH, ). (Entered: 01/18/2012)
01/18/2012362  MOTION issuance of subpoena by David Wood. (Attachments: # 1 Other Subpoena)(Shiles, C.) (Entered: 01/18/2012)
01/18/2012364 Minute Entry for proceedings held before District Judge Curtis L Collier:5th Day of Jury Trial as to Donald Fillers, David Wood, James Mathis, Watkins Street Project, LLC held on 1/18/2012 (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 01/19/2012)
01/19/2012365 ORDER granting 362 Motion as to David Wood (2) for Issuance of Subpoena. Signed by Magistrate Judge William B Carter on 1/19/12. This Order and Subpoena serviced to USM. (KFB, ) Modified on 1/19/2012 (KFB, ). (Entered: 01/19/2012)
01/19/2012366 Minute Entry for proceedings held before District Judge Curtis L Collier: Day Six of Jury Trial as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on 1/19/2012 (Court Reporter Elizabeth Coffey) (CHP, ) (Entered: 01/20/2012)
01/22/2012367 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on January 11, 2012 (Jury Trial, Third Day of Trial, Excerpt of Proceedings, Testimony of Halbert G. Warden), before Judge Collier. Court Reporter/Transcriber Elizabeth Coffey, Telephone number 423-267-7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/13/2012. Redacted Transcript Deadline set for 2/22/2012. Release of Transcript Restriction set for 4/23/2012. (EBC, ) (Entered: 01/22/2012)
01/23/2012368 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on January 9, 2012 (Opening Statement by Mr. Levitt), before Judge Collier. Court Reporter/Transcriber Elizabeth Coffey, Telephone number 423-267-7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/13/2012. Redacted Transcript Deadline set for 2/23/2012. Release of Transcript Restriction set for 4/23/2012. (EBC, ) (Entered: 01/23/2012)
01/23/2012369 Minute Entry for proceedings held before District Judge Curtis L Collier: Day Seven of Jury Trial as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on 1/23/2012 (Court Reporter Elizabeth Coffey) (CHP, ) (Entered: 01/24/2012)
01/24/2012370 SUBPOENA Returned Executed as to Kathy Jones on 1/23/2012. (CHP, ) (Entered: 01/24/2012)
01/24/2012371 Proposed Jury Instructions Coconspirator's conviction may not be used a substantive evidence by Watkins Street Project, LLC (Humble, Gary) (Entered: 01/24/2012)
01/24/2012372 Proposed Jury Instructions WSP Defense Theory by Watkins Street Project, LLC (Humble, Gary) (Entered: 01/24/2012)
01/24/2012373 Proposed Jury Instructions (Supplement) by Donald Fillers (Cory, Leslie) (Entered: 01/24/2012)
01/24/2012377 Minute Entry for proceedings held before District Judge Curtis L Collier:8th Day of Jury Trial as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on 1/24/2012, Motions denied as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC: 46 First MOTION in Limine To Exclude Testimony and/or Reference to Daycare Facility filed by James Mathis, 76 MOTION in Limine to Exclude Testimony and/or Reference to Daycare Facility filed by Watkins Street Project, LLC, 53 MOTION in Limine to Exclude Testimony and/or Reference to Daycare Facility filed by Donald Fillers. (Court Reporter Elizabeth Coffey) (DJH, ) Modified on 1/25/2012 (DJH, ). (Entered: 01/25/2012)
01/25/2012374 Proposed Jury Instructions Co-Defendant Statements to Law Enforcement by Watkins Street Project, LLC (Humble, Gary) (Entered: 01/25/2012)
01/25/2012375 Proposed Jury Instructions Supplemental by David Wood (Shiles, C.) (Entered: 01/25/2012)
01/25/2012376 MEMORANDUM & ORDER as to Watkins Street Project, LLC,: granting in part and denying in part 358 MOTION to Admit Excerpt of Halbert Warden's Grand Jury Testimony filed by Watkins Street Project, LLC. Signed by District Judge Curtis L Collier on 1/25/2012. (CHP, ) (Entered: 01/25/2012)
01/25/2012379 Minute Entry for proceedings held before District Judge Curtis L Collier:9th Day of Jury Trial as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on 1/25/2012 (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 01/26/2012)
01/26/2012378 Proposed Jury Instructions (Good Faith on Counts 1, 9, 11) by Donald Fillers (Cory, Leslie) (Entered: 01/26/2012)
01/26/2012380 Proposed Jury Instructions by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC (Gleason, Todd) (Entered: 01/26/2012)
01/26/2012381 MEMORANDUM in Support of Unanimity Instruction Regarding False Statements (Shiles, C.) (Entered: 01/26/2012)
01/26/2012382 RESPONSE re 381 Memorandum in Support (non-motion) (Gleason, Todd) (Entered: 01/26/2012)
01/27/2012383 Minute Entry for proceedings held before District Judge Curtis L Collier: Day 10 of Jury Trial as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on 1/27/2012 (Court Reporter Elizabeth Coffey) (CHP, ) (Entered: 01/31/2012)
01/30/2012384 Minute Entry for proceedings held before District Judge Curtis L Collier: Day 11 of Jury Trial as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on 1/30/2012 (Court Reporter Elizabeth Coffey) (CHP, ) (Entered: 01/31/2012)
01/30/2012385 JURY VERDICT as to Donald Fillers (1) Guilty on Count 1,2-7,9,11. (CHP, ) (Entered: 01/31/2012)
01/30/2012386 JURY VERDICT as to David Wood (2) Guilty on Count 1,3-7,10. (CHP, ) (Entered: 01/31/2012)
01/30/2012387 JURY VERDICT as to James Mathis (3) Guilty on Count 1,2-3, James Mathis (3) Not Guilty on Count 4. (CHP, ) Modified on 1/31/2012 to correct counts (CHP, ). (Entered: 01/31/2012)
01/30/2012388 JURY VERDICT as to Watkins Street Project, LLC (5) Guilty on Count 1,2-7,11. (CHP, ) (Entered: 01/31/2012)
01/30/2012  DISMISSAL OF COUNTS on Government Motion as to Mathis Companies, Inc.. (CHP, ) (Entered: 01/31/2012)
01/30/2012389 CLERK'S TRIAL WITNESS/EXHIBIT LIST (CHP, ) (Entered: 01/31/2012)
01/30/2012390 Jury Notes (Communications with the Court) (CHP, ) (Entered: 01/31/2012)
02/06/2012391  MOTION for Extension of Time to File Motion for New Trial by Donald Fillers. (Cory, Leslie) (Entered: 02/06/2012)
02/07/2012392  MOTION for Extension of Time to File Motion for New Trial by David Wood. (Shiles, C.) (Entered: 02/07/2012)
02/07/2012393 ORDER granting 391 Motion for Extension of Time to File as to Donald Fillers (1). Signed by District Judge Curtis L Collier on 2/7/2012. (CHP, ) (Entered: 02/07/2012)
02/13/2012394  MOTION to Permit Interim Billing by James Mathis. (McFadden, Hallie) (Entered: 02/13/2012)
02/13/2012395  MOTION for Extension of Time to File Motion For New Trial by Watkins Street Project, LLC. (Humble, Gary) (Entered: 02/13/2012)
02/14/2012  CJA 20 Voucher rec'd from Atty Hallie McFadden and forwarded to Mag. Judge Carter for review as to James Mathis: (DJH, ) (Entered: 02/14/2012)
02/15/2012  CJA 20 Recommendation by Magistrate Judge as to James Mathis: Recommendation to Pay Hallie McFadden. Voucher forwarded to District Judge Curtis L Collier. Signed by Magistrate Judge William B Carter on 2/14/2012. (DJH, ) (Entered: 02/15/2012)
02/17/2012396  MOTION to Permit Interim Billing by David Wood. (Shiles, C.) (Entered: 02/17/2012)
02/17/2012397 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on January 18, 2012 (Jury Trial, Excerpt of Proceedings, Testimony of Mary Kathryn Jones), before Judge Collier. Court Reporter/Transcriber Elizabeth Coffey, Telephone number 423-267-7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/9/2012. Redacted Transcript Deadline set for 3/19/2012. Release of Transcript Restriction set for 5/17/2012. (EBC, ) (Entered: 02/17/2012)
02/17/2012398 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on January 23, 2012 (Jury Trial, Excerpt of Proceedings, Testimony of John Schultz), before Judge Collier. Court Reporter/Transcriber Elizabeth Coffey, Telephone number 423-267-7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/9/2012. Redacted Transcript Deadline set for 3/19/2012. Release of Transcript Restriction set for 5/17/2012. (EBC, ) (Entered: 02/17/2012)
02/24/2012399 ORDER CONCERNING INTERIM PAYMENTgranting 394 Motion as to James Mathis (3). Signed by District Judge Curtis L Collier on 2/24/2012. (DJH, ) (Entered: 02/24/2012)
02/27/2012  CJA 20 Voucher rec'd from Atty C. Eugene Shiles and forwarded to Mag. Judge Carter for review as to David Wood: (DJH, ) (Entered: 02/27/2012)
02/27/2012401 MEMORANDUM & ORDER denying in part and denying granting in part 339 Motion in Limine as to Donald Fillers (1), David Wood (2), Watkins Street Project, LLC (5). Signed by District Judge Curtis L Collier on 2/27/2012. (DJH, ) (Entered: 02/27/2012)
03/01/2012402 MEMORANDUM as to Donald Fillers, David Wood, James Mathis, Watkins Street Project, LLC Signed by District Judge Curtis L Collier on 3/1/2012. (CHP, ) (Entered: 03/01/2012)
03/01/2012403 ORDER as to Donald Fillers, David Wood, James Mathis, Watkins Street Project, LLC re 402 Memorandum Opinion denying defendants oral motions for judgment of acquittal. Signed by District Judge Curtis L Collier on 3/1/2012. (CHP, ) (Entered: 03/01/2012)
03/06/2012404 ORDER CONCERNING INTERIM PAYMENT granting 396 Motion for interim billing as to David Wood (2). Signed by District Judge Curtis L Collier on 3/6/2012. (CHP, ) (Entered: 03/06/2012)
03/12/2012406  MOTION for New Trial under Rule 33 by Watkins Street Project, LLC as to Donald Fillers, Watkins Street Project, LLC. (Humble, Gary) (Entered: 03/12/2012)
03/12/2012407 MEMORANDUM in Support of 406 MOTION for New Trial under Rule 33 (Humble, Gary) (Entered: 03/12/2012)
03/12/2012  CJA 21 Voucher rec'd from Paralegal Terrie Goss and forwarded to Mag. Judge Carter for review and approval as to David Wood: (DJH, ) (Entered: 03/14/2012)
03/21/2012  CJA 20 as to James Mathis: Authorization to Pay Hallie McFadden. (Interim Payment) Voucher # 120321000061. Signed by District Judge Curtis L Collier and 6th Judge on 3/6/2012. (DJH, ) (Entered: 03/21/2012)
03/26/2012408 RESPONSE in Opposition by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 406 MOTION for New Trial under Rule 33 (Attachments: # 1 Exhibit Highlighted AAI Survey)(Gleason, Todd) (Entered: 03/26/2012)
03/29/2012409 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on January 10, 2012 (Jury Trial - Excerpt of Proceedings - Testimony of Michael Gray), before Judge Collier. Court Reporter/Transcriber Elizabeth Coffey, Telephone number (423) 267-7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/19/2012. Redacted Transcript Deadline set for 4/30/2012. Release of Transcript Restriction set for 6/27/2012. (EBC, ) (Entered: 03/29/2012)
03/29/2012410 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on January 18, 2012 (Jury Trial - Excerpt of Proceedings - Testimony of Wilson Meadows, Jr.), before Judge Collier. Court Reporter/Transcriber Elizabeth Coffey, Telephone number (423) 267-7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/19/2012. Redacted Transcript Deadline set for 4/30/2012. Release of Transcript Restriction set for 6/27/2012. (EBC, ) (Entered: 03/29/2012)
03/29/2012411 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on January 19, 2012 (Jury Trial - Excerpt of Proceedings - Testimony of Lisa Blackburn, Dayton Baggett, Royce Cornelison, and Roger Gibbens), before Judge Collier. Court Reporter/Transcriber Elizabeth Coffey, Telephone number (423) 267-7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/19/2012. Redacted Transcript Deadline set for 4/30/2012. Release of Transcript Restriction set for 6/27/2012. (EBC, ) (Entered: 03/29/2012)
03/29/2012412 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on January 23, 2012 (Juy Trial - Excerpt of Proceedings - Testimony of Floyd Davis), before Judge Collier. Court Reporter/Transcriber Elizabeth Coffey, Telephone number (423) 267-7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/19/2012. Redacted Transcript Deadline set for 4/30/2012. Release of Transcript Restriction set for 6/27/2012. (EBC, ) (Entered: 03/29/2012)
03/29/2012413 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on January 24, 2012 (Jury Trial - Excerpt of Proceedings - Testimony of Bettye Spratling and Richard Jardine), before Judge Collier. Court Reporter/Transcriber Elizabeth Coffey, Telephone number (423) 267-7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/19/2012. Redacted Transcript Deadline set for 4/30/2012. Release of Transcript Restriction set for 6/27/2012. (EBC, ) (Entered: 03/29/2012)
04/01/2012414 REPLY TO RESPONSE to Motion by Donald Fillers re 406 MOTION for New Trial under Rule 33 (Cory, Leslie) (Entered: 04/01/2012)
04/18/2012415 SUBPOENA Returned Executed as to Paulette Barton on 1/3/2012. (CHP, ) (Entered: 04/19/2012)
04/26/2012  CJA 20 as to David Wood: Authorization to Pay C. Eugene Shiles. Voucher # 120425000199. Signed by District Judge Curtis L Collier on 4/25/2012. (DJH, ) (Entered: 04/26/2012)
05/14/2012416 NOTICE of Objections to the Presentence Investigation Report by USA as to Donald Fillers (Morris, Matthew) (Entered: 05/14/2012)
05/14/2012417 NOTICE of Objections to the Presentence Investigation Report by USA as to David Wood (Morris, Matthew) (Entered: 05/14/2012)
05/14/2012418 NOTICE OF OBJECTIONS to Presentence Investigation Report by James Mathis. (McFadden, Hallie) (Entered: 05/14/2012)
05/14/2012419 NOTICE of Objections to the Presentence Investigation Report by USA as to Watkins Street Project, LLC (Morris, Matthew) (Entered: 05/14/2012)
05/14/2012420 NOTICE OF NO OBJECTIONS to Presentence Investigation Report by USA as to James Mathis (Morris, Matthew) (Entered: 05/14/2012)
05/14/2012421 NOTICE OF OBJECTIONS to Presentence Investigation Report by Donald Fillers. (Cory, Leslie) (Entered: 05/14/2012)
05/15/2012422 NOTICE OF PREVIOUSLY FILED OBJECTIONS by David Wood (Shiles, C.) (Entered: 05/15/2012)
05/21/2012423 MEMORANDUM as to Donald Fillers, Watkins Street Project, LLC Signed by District Judge Curtis L Collier on 5/21/2012. (CHP, ) (Entered: 05/21/2012)
05/21/2012424 ORDER denying 406 Motion for New Trial as to Donald Fillers (1), Watkins Street Project, LLC (5). Signed by District Judge Curtis L Collier on 5/21/2012. (CHP, ) (Entered: 05/21/2012)
05/22/2012425  MOTION to Continue Sentencing Hearing by Donald Fillers. (Levitt, Martin) (Entered: 05/22/2012)
05/23/2012426 RESPONSE to Motion by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC re 425 MOTION to Continue Sentencing Hearing (Gleason, Todd) (Entered: 05/23/2012)
05/24/2012427 ORDER granting 425 Motion to Continue as to Donald Fillers (1) Presentence meeting set for 6/7/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.. Signed by District Judge Curtis L Collier on 5/24/2012. (CHP, ) (Entered: 05/24/2012)
05/25/2012428  MOTION For Transcript of Portions of Trial Testimony by James Mathis. (McFadden, Hallie) (Entered: 05/25/2012)
05/30/2012429 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on January 24, 2012 (Rule 29 Motion), before Judge Collier. Court Reporter/Transcriber Elizabeth Coffey, Telephone number 423-26-7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/20/2012. Redacted Transcript Deadline set for 7/2/2012. Release of Transcript Restriction set for 8/28/2012. (EBC, ) (Entered: 05/30/2012)
06/01/2012430  MOTION to appear by telephone by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (Gleason, Todd) (Entered: 06/01/2012)
06/01/2012431 RESPONSE re 427 Order on Motion to Continue, (Attachments: # 1 Exhibit Index of Materials Provided to Expert Witness)(Gleason, Todd) (Entered: 06/01/2012)
06/01/2012432 RESPONSE re 427 Order on Motion to Continue, Defendant Donald Fillers' Sentencing Hearing Exhibit List (Cory, Leslie) (Entered: 06/01/2012)
06/01/2012433 EXHIBIT LIST by James Mathis (McFadden, Hallie) (Entered: 06/01/2012)
06/01/2012434 RESPONSE re 427 Order on Motion to Continue, Sentencing Exhibit List of Jame Mathis (McFadden, Hallie) (Entered: 06/01/2012)
06/01/2012435 EXHIBIT LIST by David Wood (Shiles, C.) (Entered: 06/01/2012)
06/01/2012436 NOTICE List of Sentencing Exhibits by Watkins Street Project, LLC (Humble, Gary) (Entered: 06/01/2012)
06/04/2012437 ORDER denying 430 Motion to appear by telephone as to Donald Fillers (1), David Wood (2), James Mathis (3), Mathis Companies, Inc. (4), Watkins Street Project, LLC (5). Signed by District Judge Curtis L Collier on 6/4/2012. (CHP, ) (Entered: 06/04/2012)
06/07/2012438 Minute Entry for proceedings held before District Judge Curtis L Collier:Status Hearing as to Donald Fillers, David Wood, James Mathis, Watkins Street Project, LLC held on 6/7/2012 (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 06/07/2012)
06/18/2012439 ORDER as to Donald Fillers, David Wood, James Mathis, Watkins Street Project, LLC, Daubert Hearing set for 9/5/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier. Sentencing set for 9/20/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier. Signed by District Judge Curtis L Collier on 6/18/2012. (CHP, ) (Entered: 06/18/2012)
07/23/2012440 NOTICE OF ATTORNEY APPEARANCE: Robin R Flores appearing for James Mathis (Flores, Robin) (Entered: 07/23/2012)
07/23/2012441 First MOTION to Substitute Attorney by James Mathis. (Flores, Robin) (Entered: 07/23/2012)
07/24/2012442 NOTICE OF HEARING ON MOTION in case as to James Mathis 441 First MOTION to Substitute Attorney : Motion Hearing set for 8/1/2012 02:30 PM in Courtroom 1B - Chattanooga before Magistrate Judge William B Carter. There is no document attached to this entry. (JWB) (Entered: 07/24/2012)
07/27/2012443 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC held on June 7, 2012 (Status Conference), before Judge Collier. Court Reporter/Transcriber Elizabeth Coffey, Telephone number 423-267-7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/17/2012. Redacted Transcript Deadline set for 8/27/2012. Release of Transcript Restriction set for 10/25/2012. (EBC, ) (Entered: 07/27/2012)
08/01/2012444 Minute Entry for proceedings held before Magistrate Judge William B Carter:Motion Hearing as to James Mathis held on 8/1/2012 re 441 First MOTION to Substitute Attorney filed by James Mathis. Attorney Hallie H McFadden terminated in case as to James Mathis. Attorney Robin Flores is retained as counsel for James Mathis. (Court Reporter Shannan Andrews) (KFB, ) (Entered: 08/02/2012)
08/03/2012445 ORDER granting 441 Motion to Substitute Attorney as to James Mathis (3). Signed by Magistrate Judge William B Carter on 8/3/12. (GRE, ) (Entered: 08/03/2012)
08/19/2012446 EXHIBIT LIST by James Mathis (Flores, Robin) (Entered: 08/19/2012)
08/20/2012447 NOTICE OF FILING : Defendant Donald Fillers' Revised Sentencing Hearing Exhibit List as to Donald Fillers (Cory, Leslie) (Entered: 08/20/2012)
08/20/2012448 NOTICE Revised List of Evidence by David Wood (Shiles, C.) (Entered: 08/20/2012)
08/22/2012  CJA 20 Recommendation by Magistrate Judge as to James Mathis: Recommendation to Pay Final Voucher # 120815000031, Hallie McFadden. Voucher forwarded to District Judge Curtis L Collier. Signed by Magistrate Judge William B Carter on 8/21/2012. (DJH, ) (Entered: 08/22/2012)
08/29/2012449 SENTENCING MEMORANDUM by David Wood (Shiles, C.) (Entered: 08/29/2012)
08/29/2012450 SENTENCING MEMORANDUM by David Wood (Shiles, C.) (Entered: 08/29/2012)
08/29/2012451 SENTENCING MEMORANDUM by David Wood (Shiles, C.) (Entered: 08/29/2012)
08/29/2012452 SENTENCING MEMORANDUM by David Wood (Shiles, C.) (Entered: 08/29/2012)
08/29/2012453 SENTENCING MEMORANDUM by David Wood (Shiles, C.) (Entered: 08/29/2012)
08/29/2012454 SENTENCING MEMORANDUM by David Wood (Attachments: # 1 Exhibit Gray letter to Fillers 9-19-05, # 2 Exhibit Evaluation of Evidence Report -15-12, # 3 Exhibit Part A of Exhibit 2, # 4 Exhibit Part B of Exhibit 2, # 5 Exhibit Part C of Exhibit 2, # 6 Exhibit Part D of Exhibit 2, # 7 Exhibit Warden depo exerpt Exhibit 3, # 8 Exhibit Part B of Exhibit 3, # 9 Exhibit Memo to Rick Jardine 9-19-05, # 10 Exhibit Gray letter to Fillers 10-3-05, # 11 Exhibit Part B of Exhibit 5, # 12 Exhibit "Any Exposure" Theory 12-18-08, # 13 Exhibit Part B to Exhibit 6, # 14 Exhibit Part C to Exhibit 6, # 15 Exhibit Part D to Exhibit 6, # 16 Exhibit Part E to Exhibit 6, # 17 Exhibit Part F to Exhibit 6, # 18 Exhibit Part F2 of Exhibit 6, # 19 Exhibit GAO Superfund 5/2010, # 20 Exhibit Part A to Exhibit 7, # 21 Exhibit Part B to Exhibit 7, # 22 Exhibit Part C to Exhibit 7, # 23 Exhibit Part D to Exhibit 7, # 24 Exhibit Part E to Exhibit 7, # 25 Exhibit Part F to Exhibit 7, # 26 Exhibit Part G to Exhibit 7, # 27 Exhibit Part H to Exhibit 7, # 28 Exhibit Part H1 to Exhibit 7, # 29 Exhibit Part H2 to Exhibit 7, # 30 Exhibit Part I of Exhibit 7, # 31 Exhibit Part J of Exhibit 7, # 32 Exhibit Part K of Exhibit 7, # 33 Exhibit notice of federal interest-Removal, # 34 Exhibit Exhibit 9(1), # 35 Exhibit Exhibit 9(2), # 36 Exhibit Exhibit 9A, # 37 Exhibit Exhibit 9B, # 38 Exhibit Exhibit 9C, # 39 Exhibit Exhibit 9D, # 40 Exhibit Exhibit 9E, # 41 Exhibit Exhibit 9F, # 42 Exhibit Superfund Full Cost Indirect Cost Rate, # 43 Exhibit Exhibit 10A, # 44 Exhibit Exhibit 10B, # 45 Exhibit EPA Notices, # 46 Exhibit Exhibit 11A, # 47 Exhibit Exhibit 11B, # 48 Exhibit Letter to Shipley from Calbom (12-22-99), # 49 Exhibit Exhibit 12A, # 50 Exhibit Exhibit 12B, # 51 Exhibit Memo to Superfund 8-1-11, # 52 Exhibit Pollution Report 2-7-06, # 53 Exhibit Investigative Activity Report)(Shiles, C.) (Entered: 08/29/2012)
08/29/2012455  MOTION for Downward Departure and/or Non-Guideline Sentence by David Wood. (Shiles, C.) (Entered: 08/29/2012)
08/29/2012456  MOTION for Downward Departure /Motion for Sentence Below the Advisory Sentencing Guideline Range by Donald Fillers. (Cory, Leslie) (Entered: 08/29/2012)
08/29/2012457 MEMORANDUM in Support of 456 MOTION for Downward Departure /Motion for Sentence Below the Advisory Sentencing Guideline Range (Attachments: # 1 Exhibit 1-Pre-demolition aerial photo, # 2 Exhibit 10- Herbert Warden deposition, # 3 Exhibit 4-2003 AAI cost estimate, # 4 Exhibit 7-2004 ADC contract, # 5 Exhibit 8-10/7/-4 & 10/14/04 add-ons, # 6 Exhibit 38-2004 waste dispatch tickets, # 7 Exhibit 40-Zimmermann reoirt, # 8 Exhibit 44-Zimmermann CV, # 9 Exhibit 41-EC&T 2004 air testing, # 10 Exhibit 17-Weston air sampling)(Cory, Leslie) (Entered: 08/29/2012)
08/29/2012458 SUPPLEMENT to 457 Memorandum in Support of Motion,, (Attachments: # 1 Exhibit 42- APC cost summary, # 2 Exhibit 43-EPA cost summary, # 3 Exhibit 32-2/7/06 Tanner report, # 4 Exhibit 3-2003 AAI Survey, # 5 Exhibit 45-Investigative interviews of Pro Re Bona workers, # 6 Exhibit 46-Frederick report, # 7 Exhibit 47-Durio CV, # 8 Exhibit 48-Durio report)(Cory, Leslie) (Entered: 08/29/2012)
08/29/2012459 SUPPLEMENT to 457 Memorandum in Support of Motion,, Second Continuation of Exhibits (Attachments: # 1 Exhibit 31-2005 Cleanup summary, samples)(Cory, Leslie) (Entered: 08/29/2012)
08/29/2012460  MOTION for Extension of Time to File SENTENCING MEMO IN SUPPORT FOR DOWNWARD DEPARTURE by James Mathis. (Flores, Robin) (Entered: 08/29/2012)
08/30/2012461 ORDER granting 460 Motion for Extension of Time to File as to James Mathis (3). Signed by District Judge Curtis L Collier on 8/30/2012. (DJH, ) (Entered: 08/30/2012)
08/30/2012462  MOTION for Leave to File Excess Pages by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (Morris, Matthew) (Entered: 08/30/2012)
08/30/2012463 SUPPLEMENT to 457 Memorandum in Support of Motion,, (Attachments: # 1 Exhibit 47 Laurence Duio CV)(Cory, Leslie) (Entered: 08/30/2012)
08/30/2012464 SENTENCING MEMORANDUM by USA as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC (Attachments: # 1 Composite Trial Transcripts, # 2 Composite Govt Exhibits, # 3 Aerial, Boiler Room, Diagram, # 4 APC Incident Report, # 5 Baggett Interviews, # 6 Standard Coosa SW Affidavit)(Morris, Matthew) (Entered: 08/30/2012)
08/31/2012465  MOTION for Leave to File Excess Pages of Brief by David Wood. (Shiles, C.) (Entered: 08/31/2012)
09/03/2012466  MOTION for Downward Departure by James Mathis. (Flores, Robin) (Entered: 09/03/2012)
09/03/2012467 MEMORANDUM in Support of 466 MOTION for Downward Departure (Attachments: # 1 Exhibit EPA CRIME BULLETIN, # 2 Exhibit TORAN INTERVIEW, # 3 Exhibit TR JAN 10_GRAY, # 4 Exhibit TR. JAN 11_WARDEN, # 5 Exhibit TR. JAN 18_MEADOWS, # 6 Exhibit TR. JAN 19_BLACK ET AL, # 7 Exhibit TR. JAN 23_DAVIS, # 8 Exhibit TR. JAN 23_SCHULTZ, # 9 Exhibit TR. JAN 24_JARDINE_SPRATLING, # 10 Exhibit PUGH PLEA AGREEMENT, # 11 Exhibit PUGH JUDGMENT, # 12 Exhibit WAITE_CLEMENTS PLEA AGREEMENT, # 13 Exhibit WAITE_CLEMENTS JUDGMENT, # 14 Exhibit 6TH CIR RULE 28 _ ATTACHED CASE LAW, # 15 Exhibit LETTERS IN SUPPORT, # 16 Exhibit LETTERS IN SUPPORT)(Flores, Robin) (Entered: 09/03/2012)
09/04/2012468  MOTION Stipulation and Waiving Daubert Hearing by David Wood as to Donald Fillers, David Wood, James Mathis, Mathis Companies, Inc., Watkins Street Project, LLC. (Shiles, C.) (Entered: 09/04/2012)
09/04/2012469 SENTENCING MEMORANDUM by David Wood (Shiles, C.) (Entered: 09/04/2012)
09/04/2012470 ORDER granting 462 Motion for Leave to File Excess Pages as to Donald Fillers (1). Signed by District Judge Curtis L Collier on 9/4/2012. (DJH, ) (Entered: 09/04/2012)
09/04/2012471 ORDER granting 465 Motion for Leave to File Excess Pages as to David Wood (2). Signed by District Judge Curtis L Collier on 9/4/2012. (DJH, ) (Entered: 09/04/2012)
09/05/2012472 RESPONSE re 464 Sentencing Memorandum, Donald Fillers' Response to Government's Sentencing Memorandum (Cory, Leslie) (Entered: 09/05/2012)
09/06/2012473 SUPPLEMENT to 464 Sentencing Memorandum, Errata/Correction by USA (Morris, Matthew) (Entered: 09/06/2012)
09/06/2012474 RESPONSE re 464 Sentencing Memorandum, by David Wood (Shiles, C.) (Entered: 09/06/2012)
09/06/2012475 RESPONSE to Motion by USA as to Donald Fillers re 456 MOTION for Downward Departure /Motion for Sentence Below the Advisory Sentencing Guideline Range and Sentencing Memorandum 457 (Attachments: # 1 Other - Tim Frederick Report, # 2 Other - O'Malley Judgment)(Morris, Matthew) (Entered: 09/06/2012)
09/06/2012476 RESPONSE re 469 Sentencing Memorandum (Morris, Matthew) (Entered: 09/06/2012)
09/06/2012477 RESPONSE to Motion by USA as to David Wood re 455 MOTION for Downward Departure and/or Non-Guideline Sentence (Morris, Matthew) (Entered: 09/06/2012)
09/11/2012478 RESPONSE to Motion by USA as to James Mathis re 466 MOTION for Downward Departure and to Sentencing Memorandum 467 (Attachments: # 1 Other - Composite Witness Interviews)(Morris, Matthew) (Entered: 09/11/2012)
09/12/2012479 REPLY TO RESPONSE to Motion by Donald Fillers re 456 MOTION for Downward Departure /Motion for Sentence Below the Advisory Sentencing Guideline Range (Cory, Leslie) (Entered: 09/12/2012)
09/12/2012480 REPLY TO RESPONSE to Motion by James Mathis re 466 MOTION for Downward Departure (Flores, Robin) (Entered: 09/12/2012)
09/13/2012481 REPLY TO RESPONSE to Motion by USA as to Donald Fillers re 456 MOTION for Downward Departure /Motion for Sentence Below the Advisory Sentencing Guideline Range (Attachments: # 1 Other - Gary Fillers Interview 7/9/2009, # 2 Other - Herbet Warden Interview 11/6/2006, # 3 Other - Investigative Activity Report 9/8/2009)(Morris, Matthew) (Entered: 09/13/2012)
09/14/2012482 (PRO-SE) MOTION for New Trial pursuant to federal rule of criminal procedure 33 by James Mathis. (DJH, ) (Entered: 09/17/2012)
09/17/2012483 SUPPLEMENT to 475 Response to Motion, 464 Sentencing Memorandum, Errata by USA (Morris, Matthew) (Entered: 09/17/2012)
09/17/2012484 SUPPLEMENT to 482 MOTION for New Trial (DJH, ) (Entered: 09/18/2012)
09/19/2012485 ATTACHMENT to 482 MOTION for New Trial (DJH, ) (Entered: 09/19/2012)
09/20/2012486 Minute Entry for proceedings held before District Judge Curtis L Collier:( Sentencing continued for defendant Donald Fillers for 9/21/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/21/2012)
09/20/2012487 Minute Entry for proceedings held before District Judge Curtis L Collier:( Sentencing continued for Watkins Street Project for 9/21/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/21/2012)
09/20/2012488 Minute Entry for proceedings held before District Judge Curtis L Collier:( Sentencing continued for defendant David Wood for 9/21/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/21/2012)
09/20/2012489 Minute Entry for proceedings held before District Judge Curtis L Collier:Sentencing held on 9/20/2012 for James Mathis (3)( Sentencing continued for defendant James Mathis for 9/21/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/21/2012)
09/21/2012490 Minute Entry for proceedings held before District Judge Curtis L Collier:( Sentencing CONTINUED for 9/24/2012 01:30 PM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/24/2012)
09/21/2012491 Minute Entry for proceedings held before District Judge Curtis L Collier:( Sentencing CONTINUED for David Wood for 9/24/2012 01:30 PM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/24/2012)
09/21/2012492 Minute Entry for proceedings held before District Judge Curtis L Collier:( Sentencing CONTINUED for Watkins Street Project, LLC for 9/24/2012 01:30 PM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/24/2012)
09/21/2012493 Minute Entry for proceedings held before District Judge Curtis L Collier:Sentencing held on 9/21/2012 for James Mathis (3), ( Sentencing CONTINUED for 9/24/2012 01:30 PM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/24/2012)
09/24/2012494 Minute Entry for proceedings held before District Judge Curtis L Collier:( 3rd of Day Sentencing CONTINUED for Donald Fillers for 9/25/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/25/2012)
09/24/2012495 Minute Entry for proceedings held before District Judge Curtis L Collier:Sentencing held on 9/24/2012 for James Mathis (3), ( 3rd Day of Sentencing CONTINUED for James Mathis for 9/25/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/25/2012)
09/24/2012496 Minute Entry for proceedings held before District Judge Curtis L Collier:( 3rd Day of Sentencing CONTINUED for Watkins Street Project, LLC for 9/25/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/25/2012)
09/24/2012497 Minute Entry for proceedings held before District Judge Curtis L Collier:( 3rd Day of Sentencing CONTINUED for David Wood for 9/25/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/25/2012)
09/25/2012498 NOTICE filing amended exhibit list for sentencing by James Mathis re 446 Exhibit List (Flores, Robin) (Entered: 09/25/2012)
09/25/2012499 Minute Entry for proceedings held before District Judge Curtis L Collier:(4th Day of Sentencing CONTINUED for Donald Fillers for 9/26/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/26/2012)
09/25/2012500 Minute Entry for proceedings held before District Judge Curtis L Collier:(4th Day of Sentencing CONTINUED for Watkins Street Project for 9/26/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/26/2012)
09/25/2012501 Minute Entry for proceedings held before District Judge Curtis L Collier:(4th Day of Sentencing CONTINUED for David Wood for 9/26/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/26/2012)
09/25/2012502 Minute Entry for proceedings held before District Judge Curtis L Collier:Sentencing held on 9/25/2012 for James Mathis (3),(4th Day of Sentencing CONTINUED for James Mathis for 9/26/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/26/2012)
09/26/2012503 Minute Entry for proceedings held before District Judge Curtis L Collier:(5th Day of Sentencing CONTINUED for David Wood for 10/1/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/27/2012)
09/26/2012504 Minute Entry for proceedings held before District Judge Curtis L Collier:(5th Day of Sentencing CONTINUED for Watkins Street Project, LLC for 10/1/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/27/2012)
09/26/2012505 Minute Entry for proceedings held before District Judge Curtis L Collier:(5th Day of Sentencing CONTINUED for Donald Fillers for 10/1/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/27/2012)
09/26/2012506 Minute Entry for proceedings held before District Judge Curtis L Collier:Sentencing held on 9/26/2012 for James Mathis (3), ( 5th Day of Sentencing CONTINUED for James Mathis for 10/1/2012 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.) (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 09/27/2012)
10/01/2012507 Minute Entry for proceedings held before District Judge Curtis L Collier:Sentencing held on 10/1/2012 for Watkins Street Project, LLC (5), Count(s) 1, 11, 2-7, Deft place on probation for 3 years; Special Assessment: $3,200; Fine:$30,000. Restitution: Dept of Public Works-storm water, Chatt. Fire Dept., Air Pollution Control, Environmental Protection Agency $27,899.10., Motions terminated as to Watkins Street Project, LLC: 323 MOTION to supplement pending motion to invoke fifth amendment right not to testify in absentia filed by Halbert Warden, 75 MOTION in Limine to Exclude Testimony and/or Reference to Alleged Health Effects or Risks from Asbestos Exposure filed by Watkins Street Project, LLC, 468 MOTION Stipulation and Waiving Daubert Hearing filed by David Wood, 324 First MOTION TO JOIN DON FILLERS MOTION IN LIMINETO ADMIT EVIDENCE UNDER FEDERAL RULES OF EVIDENCE RULE 609 AS TO HERBERT WARDEN filed by James Mathis, 395 MOTION for Extension of Time to File Motion For New Trial filed by Watkins Street Project, LLC, 462 MOTION for Leave to File Excess Pages filed by USA, 258 SEALED MOTION filed by USA, 176 MOTION in Limine to Preclude Evidence Or Argument Concerning APC Non-Feasance or Inconsistent Enforcement filed by USA. (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 10/02/2012)
10/01/2012508 Minute Entry for proceedings held before District Judge Curtis L Collier:Sentencing held on 10/1/2012 for David Wood (2), Count(s) 1, Deft sentenced to 20 months on Counts One, Three through Seven and Ten, all to run concurrently. 3 years supervised release on Counts One, Three through Seven and Ten. Special Assessment: $700.00; Restitution: Dept of Public Works-storm water, Chatt. Fire Dept., Air Pollution Control, Environmental Protection Agency $27,899.10; Deft to Self-Report Nov. 16, 2012 2:00pm; Count(s) 10, 3-7, Motions terminated as to David Wood: 176 MOTION in Limine to Preclude Evidence Or Argument Concerning APC Non-Feasance or Inconsistent Enforcement filed by USA, 462 MOTION for Leave to File Excess Pages filed by USA, 90 MOTION in Limine AND SUPPORTING MEMORANDUM TO EXCLUDE PRE-TRIAL STATEMENTS OF DEFENDANT filed by David Wood, 258 SEALED MOTION filed by USA, 170 MOTION IN LIMINE AND SUPPORTING MEMORANDUM TO EXCLUDE ALLEGATIONS OF IMPROPER CONTACT WITH WITNESSES filed by David Wood, 179 MOTION to Exclude ALLEGATIONS RELATING TO 1800 BLOCK OF WATKINS STREET filed by David Wood, 180 MOTION to Exclude ALLEGATIONS OF "SALVAGE CREW" MEMBER SUSTAINING AN INJURY filed by David Wood, 88 MOTION in Limine TO EXCLUDE REFERENCES TO DEFENDANT'S CRIMINAL RECORD filed by David Wood, 323 MOTION to supplement pending motion to invoke fifth amendment right not to testify in absentia filed by Halbert Warden, 155 MOTION in Limine TO EXCLUDE STATEMENTS OF CO-CONSPIRATORS ABSENT HEARING AND FINDING OF CRITERIA OF AN ADMISSION filed by David Wood, 324 First MOTION TO JOIN DON FILLERS MOTION IN LIMINETO ADMIT EVIDENCE UNDER FEDERAL RULES OF EVIDENCE RULE 609 AS TO HERBERT WARDEN filed by James Mathis, 87 MOTION in Limine TO EXCLUDE REFERENCES TO BATTLEFIELD PERSONNEL AND/OR THE BATTLEFIELD COMPANY IN RELATION TO THIS DEFENDANT filed by David Wood, 392 MOTION for Extension of Time to File Motion for New Trial filed by David Wood, 91 Joint MOTION in Limine AND SUPPORTING MEMORANDUM TO EXCLUDE TESTIMONY AND/OR REFERENCES TO ALLEGED HEALTH EFFECTS OR RISKS FROM ASBESTOS EXPOSURE OR IN THE ALTERNATIVE A BIFURCATION OF THE TRIAL filed by David Wood, Mathis Companies, Inc., James Mathis, 468 MOTION Stipulation and Waiving Daubert Hearing filed by David Wood, 455 MOTION for Downward Departure and/or Non-Guideline Sentence filed by David Wood, 325 MOTION in Limine filed by David Wood, 102 MOTION TO ACCEPT LATE FILED MOTION FOR TRANSFER OF TRIAL filed by David Wood. (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 10/02/2012)
10/01/2012509 Minute Entry for proceedings held before District Judge Curtis L Collier:Sentencing held on 10/1/2012 for Donald Fillers (1), Count(s) 1, 11, 2-7, 9, Deft sentenced to 48 months on Counts One through Nine and a term of 48 months on Count Eleven, to be served concurrently. 3 years supervised release on Counts One through Nine and Eleven all to run concurrently. Restitution: Dept of Public Works-storm water, Chatt. Fire Dept, Air Pollution Control, Environment Protection Agency $27,899.10; Counts One-Eight a Fine of $2,222 and Count Nine a Fine of $2,224. Fine: $20,000; Special Assessment: $900.00. Deft to self-report on Nov. 16, 2012 at 2:00 pm.., Motions terminated as to Donald Fillers: 321 MOTION in Limine to Admit Evidence Under Federal Rule of Evidence 609 as to Herbert G. Warden filed by Donald Fillers, 323 MOTION to supplement pending motion to invoke fifth amendment right not to testify in absentia filed by Halbert Warden, 324 First MOTION TO JOIN DON FILLERS MOTION IN LIMINETO ADMIT EVIDENCE UNDER FEDERAL RULES OF EVIDENCE RULE 609 AS TO HERBERT WARDEN filed by James Mathis, 48 MOTION in Limine to Exclude Allegations that Defendant Buried Asbestos On-Site filed by Donald Fillers, 456 MOTION for Downward Departure /Motion for Sentence Below the Advisory Sentencing Guideline Range filed by Donald Fillers, 168 MOTION in Limine to Exclude Allegations Relating to 1800 Block of Watkins Street filed by Donald Fillers, 258 SEALED MOTION filed by USA, 169 MOTION in Limine to Exclude Allegations of Improper Contact with Witnesses filed by Donald Fillers, 52 MOTION in Limine to Exclude Testimony and/or Reference to Alleged Health effects or Risks from Asbestos Exposure filed by Donald Fillers, 176 MOTION in Limine to Preclude Evidence Or Argument Concerning APC Non-Feasance or Inconsistent Enforcement filed by USA, 468 MOTION Stipulation and Waiving Daubert Hearing filed by David Wood, 49 MOTION in Limine to Exclude Allegations as to the Handling and/or Disposal of Transformers or Their Contents filed by Donald Fillers, 173 MOTION in Limine to Exclude Allegation of "Salvage Crew" Member Sustaining an Injury filed by Donald Fillers. (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 10/02/2012)
10/01/2012510 Minute Entry for proceedings held before District Judge Curtis L Collier:Sentencing held on 10/1/2012 for James Mathis (3), Count(s) 1, 2-3, Deft sentenced to 18 months on Counts One, Two and Three all such terms to run concurrently. 3 years supervised release on Counts One, Two and Three, all such terms to run concurrently. Special Assessment: $300.00: Deft to self-report on Nov. 16, 2012 at 2:00 pm; Count(s) 4, DISMISSED; Count(s) 8, DISMISS WITHOUT PREJUDICE., Motions terminated as to James Mathis: 176 MOTION in Limine to Preclude Evidence Or Argument Concerning APC Non-Feasance or Inconsistent Enforcement filed by USA, 466 MOTION for Downward Departure filed by James Mathis, 482 MOTION for New Trial filed by James Mathis, 323 MOTION to supplement pending motion to invoke fifth amendment right not to testify in absentia filed by Halbert Warden, 91 Joint MOTION in Limine AND SUPPORTING MEMORANDUM TO EXCLUDE TESTIMONY AND/OR REFERENCES TO ALLEGED HEALTH EFFECTS OR RISKS FROM ASBESTOS EXPOSURE OR IN THE ALTERNATIVE A BIFURCATION OF THE TRIAL filed by David Wood, Mathis Companies, Inc., James Mathis, 428 MOTION For Transcript of Portions of Trial Testimony filed by James Mathis, 462 MOTION for Leave to File Excess Pages filed by USA, 64 First MOTION in Limine And Supporting Memorandum to Exclude Allegations That Defendant Buried Asbestos on Site filed by James Mathis, 258 SEALED MOTION filed by USA, 324 First MOTION TO JOIN DON FILLERS MOTION IN LIMINETO ADMIT EVIDENCE UNDER FEDERAL RULES OF EVIDENCE RULE 609 AS TO HERBERT WARDEN filed by James Mathis, 468 MOTION Stipulation and Waiving Daubert Hearing filed by David Wood. (Court Reporter Elizabeth Coffey) (DJH, ) (Entered: 10/02/2012)
10/01/2012511 EXHIBIT & WITNESS LIST by USA, Donald Fillers, David Wood, James Mathis as to Donald Fillers, David Wood, James Mathis, Watkins Street Project, LLC (DJH, ) (Entered: 10/02/2012)
10/03/2012512  MOTION re 509 Sentencing, Terminate Motions,,,,,,,,,,,,,,,,,, to Clarify or Amend Judgment by Waiving Interest on Fines and Restitution by Donald Fillers. (Cory, Leslie) (Entered: 10/03/2012)
10/03/2012513  MOTION to Amend/Revise Judgment by Waiving Interest on Restitution by David Wood. (Shiles, C.) (Entered: 10/03/2012)
10/04/2012514  MOTION to Amend/Revise Judgment by Waiving Interest by Watkins Street Project, LLC. (Humble, Gary) (Entered: 10/04/2012)
10/04/2012515  MOTION for Bond Pending Appeal by Donald Fillers. (Cory, Leslie) (Entered: 10/04/2012)
10/04/2012516 MEMORANDUM in Support of 515 MOTION for Bond Pending Appeal (Cory, Leslie) (Entered: 10/04/2012)
10/08/2012517 NOTICE OF APPEAL by James Mathis (Flores, Robin) (Entered: 10/08/2012)
10/10/2012518  MOTION to Withdraw as Attorney and for the Court to Appoint Replacement Counsel by Leslie A. Cory and Martin J. Levitt. by Donald Fillers. (Attachments: # 1 Affidavit CJA 23 of Donald Fillers)(Cory, Leslie) (Entered: 10/10/2012)
10/12/2012519 RESPONSE in Opposition by USA as to Donald Fillers re 512 MOTION re 509 Sentencing, Terminate Motions,,,,,,,,,,,,,,,,,, to Clarify or Amend Judgment by Waiving Interest on Fines and Restitution (Morris, Matthew) (Entered: 10/12/2012)
10/12/2012520 RESPONSE in Opposition by USA as to Donald Fillers re 518 MOTION to Withdraw as Attorney and for the Court to Appoint Replacement Counsel by Leslie A. Cory and Martin J. Levitt. (Morris, Matthew) (Entered: 10/12/2012)
10/12/2012521 JUDGMENT as to Donald Fillers (1), Count(s) 1, 11, 2-7, 9, Deft sentenced to 48 months on Counts One through Nine and a term of 48 months on Count Eleven, to be served concurrently. 3 years supervised release on Counts One through Nine and Eleven all to run concurrently. Restitution: Dept of Public Works-storm water, Chatt. Fire Dept, Air Pollution Control, Environment Protection Agency $27,899.10; Counts One-Eight a Fine of $2,222 and Count Nine a Fine of $2,224. Fine: $20,000; Special Assessment: $900.00. Deft to self-report on Nov. 16, 2012 at 2:00 pm. Signed by District Judge Curtis L Collier on 10/12/2012. (SAC, ) (Entered: 10/12/2012)
10/12/2012522 JUDGMENT as to David Wood (2), Count(s) 1, Deft sentenced to 20 months on Counts One, Three through Seven and Ten, all to run concurrently. 3 years supervised release on Counts One, Three through Seven and Ten. Special Assessment: $700.00; Restitution: Dept of Public Works-storm water, Chatt. Fire Dept., Air Pollution Control, Environmental Protection Agency $27,899.10; Deft to Self-Report Nov. 16, 2012 2:00pm; Count(s) 10, 3-7, Deft sentenced to 20 months on Counts One, Three through Seven and Ten, all to run concurrently. 3 years supervised release on Counts One, Three through Seven and Ten. Special Assessment: $700.00; Restitution: Dept of Public Works-storm water, Chatt. Fire Dept., Air Pollution Control, Environmental Protection Agency $27,899.10 Deft to Self-Report Nov. 16, 2012 2:00pm. Signed by District Judge Curtis L Collier on 10/12/2012. (SAC, ) (Entered: 10/12/2012)
10/12/2012523 JUDGMENT as to James Mathis (3), Count(s) 1, 2-3, Deft sentenced to 18 months on Counts One, Two and Three all such terms to run concurrently. 3 years supervised release on Counts One, Two and Three, all such terms to run concurrently. Special Assessment: $300.00: Deft to self-report on Nov. 16, 2012 at 2:00 pm; Count(s) 4, DISMISSED; Count(s) 8, DISMISS WITHOUT PREJUDICE. Signed by District Judge Curtis L Collier on 10/12/2012. (SAC, ) (Entered: 10/12/2012)
10/12/2012524 JUDGMENT as to Watkins Street Project, LLC (5), Count(s) 1, 11, 2-7, Deft place on probation for 3 years; Special Assessment: $3,200; Fine:$30,000. Restitution: Dept of Public Works-storm water, Chatt. Fire Dept., Air Pollution Control, Environmental Protection Agency $27,899.10. Signed by District Judge Curtis L Collier on 10/12/2012. (SAC, ) (Entered: 10/12/2012)
10/12/2012525 ORDER denying 512 Motion to Clarify;denying 514 Motion to Amend/Correct; granting 513 MOTION to Amend/Revise as to Watkins Street Project, LLC (5). Signed by District Judge Curtis L Collier on 10/12/12. (JLMc, ) (Entered: 10/12/2012)
10/15/2012526 NOTICE OF HEARING ON MOTION in case as to Donald Fillers 518 MOTION to Withdraw as Attorney and for the Court to Appoint Replacement Counsel by Leslie A. Cory and Martin J. Levitt. : Motion Hearing set for 10/22/2012 10:30 AM in Courtroom 1B - Chattanooga before Magistrate Judge William B Carter. There is no document attached to this entry. (JWB) (Entered: 10/15/2012)
10/15/2012527  MOTION to Withdraw as Attorney by Gary S. Humble. by Watkins Street Project, LLC. (Humble, Gary) (Entered: 10/15/2012)
10/16/2012528 RESPONSE in Opposition by USA as to Donald Fillers re 515 MOTION for Bond Pending Appeal (Morris, Matthew) (Entered: 10/16/2012)
10/17/2012529 REPLY TO RESPONSE to Motion by Donald Fillers re 515 MOTION for Bond Pending Appeal (Cory, Leslie) (Entered: 10/17/2012)
10/17/2012530  MOTION to Amend/Revise 527 MOTION to Withdraw as Attorney by Gary S. Humble. filed by Watkins Street Project, LLC by Watkins Street Project, LLC. (Humble, Gary) (Entered: 10/17/2012)
10/22/2012532 Minute Entry for proceedings held before Magistrate Judge William B Carter:Motion Hearing as to Donald Fillers, Watkins Street Project, LLC held on 10/22/2012 re 527 MOTION to Withdraw as Attorney by Gary S. Humble filed by Watkins Street Project, LLC, 518 MOTION to Withdraw as Attorney and for the Court to Appoint Replacement Counsel by Leslie A. Cory and Martin J. Levitt filed by Donald Fillers (Court Reporter Jeannie Boleman) (GRE, ) (Entered: 10/23/2012)
10/23/2012  CJA 20 as to James Mathis: Authorization to Pay Hallie H. McFadden. Voucher # 120815000031. Signed by District Judge Curtis L Collier on 9/19/12. (JMJ) (Entered: 10/23/2012)
10/23/2012531 ORDER granting 518 Motion to Withdraw as Attorney as to Martin J Levitt is withdrawn from case as to Donald Fillers (1). Leslie Cory remains as attorney of record pending an evidentiary hearing scheduled for 10/26/12 at 2:30. Signed by Magistrate Judge William B Carter on 10/23/12. (KFB, ) (Entered: 10/23/2012)
10/23/2012533 Second MOTION to Withdraw as Attorney by Leslie A. Cory. by Donald Fillers. (Cory, Leslie) (Entered: 10/23/2012)
10/23/2012534 ORDER granting 527 Motion to Withdraw as Attorney. Gary S Humble withdrawn from case. as to Watkins Street Project, LLC (5). Signed by Magistrate Judge William B Carter on 10/23/12. (KFB, ) (Entered: 10/23/2012)
10/24/2012535 RESPONSE to Motion by USA as to Donald Fillers re 533 Second MOTION to Withdraw as Attorney by Leslie A. Cory. (Morris, Matthew) (Entered: 10/24/2012)
10/26/2012536 First MOTION for Bond pending appeal by James Mathis. (Flores, Robin) (Entered: 10/26/2012)
10/26/2012537 NOTICE OF APPEAL by Donald Fillers re 521 Judgment. Notice of Appeal filed on behlaf of the defendant by the clerk of the court. (GRE, ) (Entered: 10/26/2012)
10/26/2012538 MEMORANDUM in Support of 536 First MOTION for Bond pending appeal (Flores, Robin) (Entered: 10/26/2012)
10/26/2012539 ORDER granting 533 Motion to Withdraw as Attorney. Leslie A Cory withdrawn from case as to Donald Fillers (1). Signed by Magistrate Judge William B Carter on 10/26/12. (GRE, ) (Entered: 10/26/2012)
10/26/2012540 Minute Entry for proceedings held before Magistrate Judge William B Carter:Motion Hearing as to Donald Fillers held on 10/26/2012 re 533 Second MOTION to Withdraw as Attorney by Leslie A. Cory filed by Donald Fillers (Court Reporter Shannan Andrews) (GRE, ) (Entered: 10/26/2012)
10/29/2012541 MEMORANDUM as to Donald Fillers Signed by District Judge Curtis L Collier on 10/29/2012. (DJH, ) (Entered: 10/30/2012)
11/05/2012542 MEMORANDUM & ORDER as to Donald Fillers Signed by District Judge Curtis L Collier on 11/5/2012. (DJH, ) (Entered: 11/05/2012)
11/05/2012543 MEMORANDUM & ORDER denying 536 Motion for Bond as to James Mathis (3). Signed by District Judge Curtis L Collier on 11/5/2012. (DJH, ) (Entered: 11/05/2012)
11/08/2012544 First MOTION for Leave to Appeal In Forma Pauperis by James Mathis. (Attachments: # 1 Affidavit CJA23 AFF INDIGENCY)(Flores, Robin) (Entered: 11/08/2012)
11/13/2012545 Minute Entry for proceedings held before Magistrate Judge William B Carter:Evidentiary Hearing as to Donald Fillers held on 11/13/2012, ( Evidentiary Hearing CONTINUED to 11/20/2012 10:00 AM in Courtroom 1B - Chattanooga before Magistrate Judge William B Carter.) (Court Reporter Jeannie Boleman) (KFB, ) (Entered: 11/13/2012)
11/13/2012546  MOTION Request to Alter Report Date by Donald Fillers. (Hedrick, Kyle) (Entered: 11/13/2012)
11/14/2012547 AFFIDAVIT by Donald Fillers (Hedrick, Kyle) (Entered: 11/14/2012)
11/14/2012548 RESPONSE in Opposition by USA as to Donald Fillers re 546 MOTION Request to Alter Report Date (Morris, Matthew) (Entered: 11/14/2012)
11/15/2012549 ORDER denying 546 Motion as to Donald Fillers (1). Signed by District Judge Curtis L Collier on 11/15/2012. (DJH, ) (Entered: 11/15/2012)
11/15/2012550 ORDER as to Donald Fillers re 545 Evidentiary Hearing. Signed by Magistrate Judge William B Carter on 11/15/12. (KFB, ) (Entered: 11/15/2012)
11/15/2012551 Minute Entry for proceedings held before Magistrate Judge William B Carter:Motion Hearing as to James Mathis held on 11/15/2012 re 544 First MOTION for Leave to Appeal In Forma Pauperis filed by James Mathis (Court Reporter Shannan Andrews) (KFB, ) (Entered: 11/16/2012)
11/15/2012552 ORDER granting 544 Motion for Leave to Appeal In Forma Pauperis as to James Mathis (3). Signed by Magistrate Judge William B Carter on 10/15/12. (KFB, ) (Entered: 11/16/2012)
11/19/2012553 ORDER CANCELING EVIDENTIARY HEARING as to Donald Fillers. Signed by Magistrate Judge William B Carter on 11/19/12. (KFB, ) (Entered: 11/19/2012)
11/19/2012554  MOTION to Withdraw as Attorney by Kyle E. Hedrick. by Donald Fillers. (Hedrick, Kyle) (Entered: 11/19/2012)
11/20/2012  Attorney update in case as to Donald Fillers. (KFB, ) (Entered: 11/20/2012)
11/20/2012555 ORDER granting 554 Motion to Withdraw as Attorney. Kyle E Hedrick withdrawn from case as to Donald Fillers (1). Leslie Cory is APPOINTED as counsel for Defendant. Signed by Magistrate Judge William B Carter on 11/20/12. (KFB, ) (Entered: 11/20/2012)