CLOSED,PROTO,SEALDC,TRIAL

U.S. District Court
Southern District of California (San Diego)
CRIMINAL DOCKET FOR CASE #: 3:08-cr-04229-JLS All Defendants


Case title: USA v. Western Titanium, Inc. et al
Other court case number: 09-71356 USCA

Date Filed: 12/04/2008
Date Terminated: 05/03/2011

Assigned to: Judge Janis L. Sammartino
Appeals court case number: '09-50224' 'USCA'

Defendant (1)
Western Titanium, Inc.
TERMINATED: 05/03/2011
represented byNancy O Dix
DLA Piper US LLP
401 B Street
Suite 1700
San Diego, CA 92101-4297
619-699-2921
Fax: 619-699-2701
Email: nancy.dix@dlapiper.com
TERMINATED: 08/17/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Nancy Luque
Luque Marino LLP
910 17th Street NW
Suite 800
Washington, DC 20006
(202)841-3472
Email: nluque@luquelaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Adam Spencer Garson
DLA Piper LLP
401 B Street
Suite 1700
San Diego, CA 92101-4297
(619)699-2700
Fax: (619)699-2701
Email: adam.garson@dlapiper.com
TERMINATED: 08/17/2009
ATTORNEY TO BE NOTICED
Designation: Retained

Daniel Marino
Luque Marino LLP
910 17th Street, NW
Suite 800
Washington, DC 20006
(202)223-8888
Fax: (202) 223-8677
Email: dmarino@luquemarino.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Sarah E Kleven McGann
Law Office of Sarah Kleven McGann
105 West F Street
Fourth Floor
San Diego, CA 92101
United Sta
(619)838-2419
Email: sarah@klevenmcgann.com
ATTORNEY TO BE NOTICED
Designation: Retained

Tillman Finley
Marino Law PLLC
910 17th Street NW
Suite 800
Washington, DC 20006
(202)223-8888
Fax: (877) 235-3666
Email: tfinley@marinolawpllc.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1341; 18:2; 18:982 - Mail Fraud; Aiding and Abetting; Criminal Forfeiture
(11ss)
Probation for 5 years; $400 special assessment; $51,350.00 restitution and $90,000.00 fine imposed

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:38(a)(3); 18:38(d) - Conspiracy to Commit Fraud Involving Aircraft or Space Vehicle in Interstate Commerce; Forfeiture
(1)
Dismissed on Govt's oral motion
18:38(a)(3) - Conspiracy to Commit Fraud Involving Aircraft or Space Vehicle in Interstate Commerce
(1s)
Dismissed on Govt's oral motion
18:371 - Conspiracy
(1ss)
Dismissed on Govt's oral motion
18:38(a)(1)(A),(B) and (C); 18:2; 18:38(d) - Fraud Involving Aircraft or Space Vehicle in Interstate Commerce; Aiding and Abetting; Forfeiture
(2-8)
Dismissed on Govt's oral motion
18:38(a)(1)(A),(B) and (C); 18:2 - Fraud Involving Aircraft or Space Vehicle in Interstate Commerce; Aiding and Abetting
(2s)
Dismissed on Govt's oral motion
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(2ss)
Defendants' motion to dismiss granted.
18:38(a)(1)(A),(B) and (C); 18:2 - Fraud Involving Aircraft or Space Vehicle in Interstate Commerce; Aiding and Abetting
(3s-64s)
Dismissed on Govt's oral motion
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(3ss)
Defendants' motion to dismiss granted.
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(4ss)
Defendants' motion to dismiss granted.
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(5ss)
Dismissed on Govt's oral motion
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(6ss)
Dismissed on Govt's oral motion
18:1341; 18:2; 18:982 - Mail Fraud; Aiding and Abetting; Criminal Forfeiture
(7ss)
Defendants' motion to dismiss granted.
18:1341; 18:2; 18:982 - Mail Fraud; Aiding and Abetting; Criminal Forfeiture
(8ss-10ss)
Dismissed on Govt's oral motion
18:1341; 18:2; 18:982 - Mail Fraud; Aiding and Abetting; Criminal Forfeiture
(12ss-14ss)
Dismissed on Govt's oral motion
18:287; 18:2; 18:982 - False Claims; Aiding and Abetting; Criminal Forfeiture
(15ss)
Defendants' motion to dismiss granted.
18:287; 18:2; 18:982 - False Claims; Aiding and Abetting; Criminal Forfeiture
(16ss)
Dismissed on Govt's oral motion
18:287; 18:2; 18:982 - False Claims; Aiding and Abetting; Criminal Forfeiture
(17ss-18ss)
Dismissed on Govt's oral motion
18:1001; 18:2 - False Statements; Aiding and Abetting
(19ss)
Dismissed on Govt's oral motion

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Janis L. Sammartino
Appeals court case number: '09-50224' 'USCA'

Defendant (2)
Daniel Schroeder
TERMINATED: 01/13/2011
represented byNancy O Dix
(See above for address)
TERMINATED: 08/17/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Nancy Luque
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Adam Spencer Garson
(See above for address)
TERMINATED: 08/17/2009
ATTORNEY TO BE NOTICED

Daniel Marino
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Sarah E Kleven McGann
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained

Tillman Finley
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:38(a)(3); 18:38(d) - Conspiracy to Commit Fraud Involving Aircraft or Space Vehicle in Interstate Commerce; Forfeiture
(1)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(3) - Conspiracy to Commit Fraud Involving Aircraft or Space Vehicle in Interstate Commerce
(1s)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:371 - Conspiracy
(1ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(1)(A),(B) and (C); 18:2; 18:38(d) - Fraud Involving Aircraft or Space Vehicle in Interstate Commerce; Aiding and Abetting; Forfeiture
(2-8)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(1)(A),(B) and (C); 18:2 - Fraud Involving Aircraft or Space Vehicle in Interstate Commerce; Aiding and Abetting
(2s-64s)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(2ss)
Defendants' motion to dismiss granted.
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(3ss)
Defendants' motion to dismiss granted.
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(4ss)
Defendants' motion to dismiss granted.
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(5ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(6ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:1341; 18:2; 18:982 - Mail Fraud; Aiding and Abetting; Criminal Forfeiture
(7ss)
Defendants' motion to dismiss granted.
18:1341; 18:2; 18:982 - Mail Fraud; Aiding and Abetting; Criminal Forfeiture
(8ss-14ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:287; 18:2; 18:982 - False Claims; Aiding and Abetting; Criminal Forfeiture
(15ss)
Defendants' motion to dismiss granted.
18:287; 18:2; 18:982 - False Claims; Aiding and Abetting; Criminal Forfeiture
(16ss-18ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:1001; 18:2 - False Statements; Aiding and Abetting
(19ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Janis L. Sammartino

Defendant (3)
Brian Misak
TERMINATED: 01/13/2011
represented byJeremy D Warren
Law Offices of Jeremy D Warren
105 West F Street
Fourth Floor
San Diego, CA 92101
(619)234-4433
Fax: (619)233-3221
Email: jw@jwarrenlaw.com
TERMINATED: 01/09/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Raymond J Coughlan , JR
Coughlan, Semmer, Fitch & Pott, LLP
550 West C Street
Suite 1400
San Diego, CA 92101
(619)232-0800
Fax: (619)232-0107
Email: rcoughlan@csllaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Harold C. Trimmer
Coughlan, Semmer, Fitch & Pott, LLP
550 West C Street
Suite 1400
San Diego, CA 92101
(619)232-0800
Fax: (619)232-0107
Email: htrimmer@csllaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:38(a)(3); 18:38(d) - Conspiracy to Commit Fraud Involving Aircraft or Space Vehicle in Interstate Commerce; Forfeiture
(1)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(3) - Conspiracy to Commit Fraud Involving Aircraft or Space Vehicle in Interstate Commerce
(1s)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:371 - Conspiracy
(1ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(1)(A),(B) and (C); 18:2; 18:38(d) - Fraud Involving Aircraft or Space Vehicle in Interstate Commerce; Aiding and Abetting; Forfeiture
(2-8)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(1)(A),(B) and (C); 18:2 - Fraud Involving Aircraft or Space Vehicle in Interstate Commerce; Aiding and Abetting
(2s-64s)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(5ss-6ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:1341; 18:2; 18:982 - Mail Fraud; Aiding and Abetting; Criminal Forfeiture
(8ss-14ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:287; 18:2; 18:982 - False Claims; Aiding and Abetting; Criminal Forfeiture
(16ss-18ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:1001; 18:2 - False Statements; Aiding and Abetting
(19ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Janis L. Sammartino

Defendant (4)
John Cotner
TERMINATED: 01/13/2011
represented byEugene G Iredale
Iredale & Yoo, APC
105 West F Street
4th Floor
San Diego, CA 92101-6036
(619)233-1525
Fax: (619)233-3221
Email: egiredale@yahoo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:38(a)(3); 18:38(d) - Conspiracy to Commit Fraud Involving Aircraft or Space Vehicle in Interstate Commerce; Forfeiture
(1)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(3) - Conspiracy to Commit Fraud Involving Aircraft or Space Vehicle in Interstate Commerce
(1s)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:371 - Conspiracy
(1ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(1)(A),(B) and (C); 18:2; 18:38(d) - Fraud Involving Aircraft or Space Vehicle in Interstate Commerce; Aiding and Abetting; Forfeiture
(2-8)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(1)(A),(B) and (C); 18:2 - Fraud Involving Aircraft or Space Vehicle in Interstate Commerce; Aiding and Abetting
(2s-64s)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(2ss)
Defendants' motion to dismiss granted.
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(3ss)
Defendants' motion to dismiss granted.
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(4ss)
Defendants' motion to dismiss granted.
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(5ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(6ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:1341; 18:2; 18:982 - Mail Fraud; Aiding and Abetting; Criminal Forfeiture
(7ss)
Defendants' motion to dismiss granted.
18:287; 18:2; 18:982 - False Claims; Aiding and Abetting; Criminal Forfeiture
(15ss)
Defendants' motion to dismiss granted.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Janis L. Sammartino

Defendant (5)
Cheem Ang
TERMINATED: 01/13/2011
represented byRobert D Rose
Sheppard Mullin Richter and Hampton
501 West Broadway
Suite 1900
San Diego, CA 92101-3598
(619)338-6500
Fax: (619)234-3815
Email: rrose@sheppardmullin.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Frank James Polek
Frank Polek, attorney at law
701 B Street
Suite 1110
San Diego, CA 92101
(619) 550-2455
Fax: (619) 274-8166
Email: frank@poleklaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:38(a)(3); 18:38(d) - Conspiracy to Commit Fraud Involving Aircraft or Space Vehicle in Interstate Commerce; Forfeiture
(1)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(3) - Conspiracy to Commit Fraud Involving Aircraft or Space Vehicle in Interstate Commerce
(1s)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:371 - Conspiracy
(1ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(1)(A),(B) and (C); 18:2; 18:38(d) - Fraud Involving Aircraft or Space Vehicle in Interstate Commerce; Aiding and Abetting; Forfeiture
(2-8)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(1)(A),(B) and (C); 18:2 - Fraud Involving Aircraft or Space Vehicle in Interstate Commerce; Aiding and Abetting
(2s-64s)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(2ss)
Defendants' motion to dismiss granted.
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(3ss)
Defendants' motion to dismiss granted.
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(4ss)
Defendants' motion to dismiss granted.
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(5ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:38(a)(1)(A),(B),(C); 18:2 - Fraud Involving Aircraft Parts; Aiding and Abetting
(6ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:1341; 18:2; 18:982 - Mail Fraud; Aiding and Abetting; Criminal Forfeiture
(7ss-14ss)
Defendants' motion to dismiss granted.
18:287; 18:2; 18:982 - False Claims; Aiding and Abetting; Criminal Forfeiture
(15ss)
Defendants' motion to dismiss granted.
18:287; 18:2; 18:982 - False Claims; Aiding and Abetting; Criminal Forfeiture
(16ss-18ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)
18:1001; 18:2 - False Statements; Aiding and Abetting
(19ss)
Dismissed w/out prejudice on Govt's motion (1/12/2011)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Janis L. Sammartino

Defendant (6)
Mach 2 Metals, Inc.
TERMINATED: 05/03/2011
represented byNancy Luque
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Sarah E Kleven McGann
(See above for address)
ATTORNEY TO BE NOTICED

Tillman Finley
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:1341 - Mail Fraud
(11s)
Probation for 5 years; $400 special assessment; $51,350.00 restitution and $90,000.00 fine imposed

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:38(a)(3) - Conspiracy to Commit Fraud Involving Aircraft or Space Vehicle in Interstate Commerce
(1)
Dismissed on Govt's oral motion
18:371 - Conspiracy
(1s)
Dismissed on Govt's oral motion
18:287 - False Claims
(18s)
Dismissed on Govt's oral motion
18:38(a)(1)(A),(B) and (C); 18:2 - Fraud Involving Aircraft or Space Vehicle in Interstate Commerce; Aiding and Abetting
(63-64)
Dismissed on Govt's oral motion

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Janis L. Sammartino

Defendant (7)
Integrated Titanuim Group I
TERMINATED: 01/13/2011
represented byLisa Taylor Schroeder
Law Offices of Lisa T Schroeder
8025 Silverton Avenue
San Diego, CA 92126
(858)354-2703
Email: ltslaw@earthlink.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:371 - Conspiracy
(1)
Dismissed w/out prejudice on Govt's motion (1/12/2011)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Janis L. Sammartino

Defendant (8)
Integrated Titanium Group II
TERMINATED: 01/13/2011
represented byLisa Taylor Schroeder
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:371 - Conspiracy
(1)
Dismissed w/out prejudice on Govt's motion (1/12/2011)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Movant
Jet Propulsion Laboratory represented byJeffrey Sinek
Kirkland & Ellis LLP
333 South Hope Street
Los Angeles, CA 90071
(213)680-8139
Fax: (213)680-8500
Email: jeff.sinek@kirkland.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Mark C. Holscher
Kirkland & Ellis LLP
333 South Hope Street
Los Angeles, CA 90071
(213)680-8400
Fax: (213)680-8500
Email: mark.holscher@kirkland.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained


Movant
Pro-Fab, Inc. represented byWilliam P. Warden
Law Offices of William P Warden
2302 Martin Street
Suite 450
Irvine, CA 92612
(949) 553-8400
Fax: (949) 553-8600
Email: wpwarden@hotmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained


Movant
Titanium Industries, Inc. represented byBarry Irwin Gross
Drinker Biddle & Reath LLP
One Logan Square
Suite 2000
Philadelphia, PA 19103
(215) 988-2872
Fax: (215) 2757
Email: Barry.Gross@dbr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Siobhan A. Cullen
Drinker Biddle & Reath LLP
1800 Century Park East
Suite 1400
Los Angeles, CA 90067-1517
(310) 203-4071
Fax: (310) 229-1285
Email: siobhan.cullen@dbr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained


Movant
Senior Aerospace Jet Products represented byRobert K Edmunds
Buchanan Ingersoll & Rooney
600 West Broadway
Suite 1100
San Diego, CA 92101
(619)239-8700
Fax: (619) 702-3898
Email: robert.edmunds@bipc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Movant
Supra Alloys, Inc. represented byBrian R. Michael
Wilmer Cutler Pickering Hale and Dorr LLP
350 South Grand Avenue
Suite 2100
Los Angeles, CA 90071
(213) 443-5374
Fax: (213) 443-5400
Email: Brian.Michael@wilmerhale.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Rebecca A. Haciski
WilmerHale LLP
1875 Pennsylvania Avenue, NW
Washington, DC 20006
(202) 663-6528
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Todd R. Steggerda
WilmerHale LLP
1875 Pennsylvania Avenue, NW
Washington, DC 20006
(202) 663-6472
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained


Movant
Service Steel Aerospace Corp. represented byAlexander H. Cote
Scheper Kim & Harris LLP
601 West Fifth Street
12th Floor
Los Angeles, CA 90071
(213)613-4655
Fax: (213)613-4656
Email: acote@scheperkim.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained


Movant
BE Aerospace, Inc. represented byWilliam M Hensley
Alvarado Smith
1 MacArthur Place
Suite 200
Santa Ana, CA 92707
(714) 852-6800
Fax: (714) 852-6899
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained


Plaintiff
USA represented byU S Attorney CR
U S Attorneys Office Southern District of California
880 Front Street
Room 6293
San Diego, CA 92101
(619)557-5610
Fax: (619)557-5917
Email: Efile.dkt.gc2@usdoj.gov
TERMINATED: 12/11/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant United States Attorney

Melanie K Pierson
U S Attorneys Office Southern District of California
Criminal Division
880 Front Street
Room 6293
San Diego, CA 92101
(619) 546-7976
Fax: (619) 546-0450
Email: Melanie.Pierson@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant United States Attorney

Stacey H Sullivan
U S Attorneys Office Southern District of California
880 Front Street
Room 6293
San Diego, CA 92101
(619)557-5610
Fax: (619)235-2757
Email: Stacey.Sullivan@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant United States Attorney

Amie D Rooney
US Attorneys Office
Federal Office Building
880 Front Street
Room 6293
San Diego, CA 92101-8893
(619) 557-6964
Fax: (619) 557-5552
Email: amie.rooney@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Assistant United States Attorney

David D Leshner
U S Attorneys Office
880 Front Street
Suite 6293
San Diego, CA 92101
(619)546-7921
Email: david.leshner@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Assistant United States Attorney

Date Filed #Docket Text
12/04/2008INDICTMENT as to Western Titanium, Inc. (1) count(s) 1, 2-8, Daniel Schroeder (2) count(s) 1, 2-8, Brian Misak (3) count(s) 1, 2-8, John Cotner (4) count(s) 1, 2-8, Cheem Ang (5) count(s) 1, 2-8. (leh) Modified on 12/10/2008, Document Unsealed per order on 12/8/2008 (leh). (Entered: 12/05/2008)
12/04/2008 ARREST WARRANT ISSUED by Magistrate Judge Jan M. Adler in case as to Daniel Schroeder. (leh) Modified on 12/10/2008, Document unsealed per order on 12/8/2008 (leh). (Entered: 12/05/2008)
12/04/2008 ARREST WARRANT ISSUED by Magistrate Judge Jan M. Adler in case as to Brian Misak. (leh) Modified on 12/10/2008, Document unsealed per order on 12/8/2008 (leh). (Entered: 12/05/2008)
12/04/2008 ARREST WARRANT ISSUED by Magistrate Judge Jan M. Adler in case as to John Cotner. (leh) Modified on 12/10/2008, Document unsealed per order on 12/8/2008 (leh). (Entered: 12/05/2008)
12/04/2008 ARREST WARRANT ISSUED by Magistrate Judge Jan M. Adler in case as to Cheem Ang. (leh) Modified on 12/10/2008, Document unsealed per order on 12/8/2008 (leh). (Entered: 12/05/2008)
12/06/2008  Arrest of Daniel Schroeder (ymm) (Entered: 12/10/2008)
12/08/2008Minute Entry for proceedings held before Magistrate Judge Anthony J. Battaglia:Arraignment and Initial Appearance as to John Cotner (4) Count 1,2-8 held on 12/8/2008. Government Oral Motion to Unseal Indictment - Granted. Defendant arraigned and Plead Not Guilty. Motion Hearing/Trial Setting set for 1/16/2009 01:30 PM in Courtroom 13 before Judge Marilyn L. Huff. Bond set as to John Cotner (4) $150,000 P/S Secured by real property and conditions of bail filed. Trust deed to be recorded by 12/12/2008. Court will allow defendant to be released today on his own signature, subject to the submission of the recorded trust deed. Bond filed in Court. Abstract Order issued to USM in Court for fingerprints and release. Status Hearing set for 12/12/2008 02:00 PM in Courtroom A before Magistrate Judge Anthony J. Battaglia. (Tape #AJB08-11:00-11:26).(Plaintiff Attorney AUSA Stacey Sullivan).(Defendant Attorney Eugene Iredale - Retained). (leh) (Entered: 12/10/2008)
12/08/2008ORDER Setting Conditions of Release: Bond set for John Cotner (4) 150,000 P/S Secured by Real Property. Signed by Magistrate Judge Anthony J. Battaglia on 12/8/2008. (leh) (Entered: 12/10/2008)
12/08/2008P/S Bond Entered as to John Cotner in amount of $ 150,000, Secured by real property. Signed by Magistrate Judge Anthony J. Battaglia on 12/8/2008. (leh) (Entered: 12/10/2008)
12/08/2008ABSTRACT OF ORDER releasing John Cotner re 8 Bond. (leh) (Entered: 12/10/2008)
12/08/2008  Surrender of Brian Misak, Cheem Ang (ymm) (Entered: 12/11/2008)
12/08/200813 Minute Entry for proceedings held before Magistrate Judge Anthony J. Battaglia:Initial Appearance as to Brian Misak, Cheem Ang held on 12/8/2008, Arraignment as to Brian Misak (3) Count 1,2-8 and Cheem Ang (5) Count 1,2-8 held on 12/8/2008 Not Guilty plea entered, Attorney Jeremy D Warren retained for Brian Misak, Attorney Robert D Rose retained for Cheem Ang, Bond set as to Brian Misak (3) $75,000 P/S and Cheem Ang (5) $75,000 P/S, both with conditions of bail filed, Court will allow the defendants release today on their own signatures pending the submission of the recorded trust deed. If proof is submitted prior to 12/12/08 to chambers, hearing before Magistrate Judge Battaglia may be vacated upon request. Bonds posted as to each defendant and abstract orders issued to U.S. Marshal.( Bond Hearing re status of proof of recorded trust deeds as to each defendant set for 12/12/2008 02:00 PM in Courtroom A before Magistrate Judge Anthony J. Battaglia, Motion Hearing/Trial Setting set for 1/16/2009 01:30 PM in Courtroom 13 before Judge Marilyn L. Huff.) (Tape #AJB08-1: 1435-1457).(Plaintiff Attorney Stacey Sullivan).(Defendant Attorney Jeremy Warren, Robert D. Rose). (ymm) (Entered: 12/11/2008)
12/08/200814 WITNESS LIST by Brian Misak (ymm) (Entered: 12/11/2008)
12/08/200815 WITNESS LIST by Cheem Ang (ymm) (Entered: 12/11/2008)
12/08/200819 ORDER Setting Conditions of Release: Bond set for Brian Misak (3) $75,000 P/S. Signed by Magistrate Judge Anthony J. Battaglia on 12/8/2008. (leh) (Entered: 12/11/2008)
12/08/200820 Bond Entered ($75,000 P/S) as to Brian Misak. Signed by Magistrate Judge Anthony J. Battaglia on 12/8/2008. Abstract Issued to USM. (leh) (Entered: 12/11/2008)
12/08/200821 ABSTRACT OF ORDER releasing Brian Misak re 20 Bond. (leh) (Entered: 12/11/2008)
12/08/200823 ORDER Setting Conditions of Release: Bond set for Cheem Ang (5) $75,000 P/S. Signed by Magistrate Judge Anthony J. Battaglia on 12/8/2008. (leh) (Entered: 12/11/2008)
12/08/200824 Bond Entered ($75,000 P/S) as to Cheem Ang. Signed by Magistrate Judge Anthony J. Battaglia on 12/8/2008. (leh) (Entered: 12/11/2008)
12/08/200825 ABSTRACT OF ORDER releasing Cheem Ang re 24 Bond. (leh) (Entered: 12/11/2008)
12/09/200810 Minute Entry for proceedings held before Magistrate Judge Anthony J. Battaglia:Initial Appearance as to Daniel Schroeder held on 12/9/2008, Arraignment as to Daniel Schroeder (2) Count 1,2-8 held on 12/9/2008, Attorney Nancy O Dix and Attorney Nancy Luque retained for Daniel Schroeder, Not Guilty plea entered as to Daniel Schroeder, Detention Hearing as to Daniel Schroeder held on 12/9/2008. USA oral motion for detention as to risk of flight and danger; motion denied as to Defendants Daniel Schroeder, without prejudice, Bond set as to Daniel Schroeder (2) 1,000,000.00 P/S secured by real property, nebbia/examination of sureties hearing prior to release and conditions filed, ( Motion Hearing/Trial Setting set for 1/16/2009 01:30 PM in Courtroom 13 before Judge Marilyn L. Huff.) (Tape #AJB08-1:1043-1121).(Plaintiff Attorney Stacey Sullivan).(Defendant Attorney Nancy Dix, J. Feldman s/a for Nancy Luque)). (ymm) (Entered: 12/10/2008)
12/09/200811 ORDER Setting Conditions of Release. Bond set for Daniel Schroeder (2) 1,000,000.00. Signed by Magistrate Judge Anthony J. Battaglia on 12/9/08. (cap) (kaj). (Entered: 12/11/2008)
12/10/200816 P/S Bond Entered as to Daniel Schroeder in amount of $ 1,000,000.00. Signed by Magistrate Judge Anthony J. Battaglia on 12/10/08. (ag) (Entered: 12/11/2008)
12/10/200817 Minute Entry for proceedings held before Magistrate Judge Anthony J. Battaglia:Nebbia Hearing as to Daniel Schroeder held on 12/10/2008. Court examined and approved surety in court. Bond approved and posted. Abstract order issued to U.S. Marshal for defendants release tommorrow 12/11/08 @ 10am to Pretrial Services for GPS Monitoring. Defendant is responsible for GPS monitoring equipment. Govts request to unseal search warrant affidavit - Granted. (Tape #AJB08-1: 1605-1616).(Plaintiff Attorney Stacey Sullivan).(Defendant Attorney Nancy Dix, Nancy Luque). (ymm) (Entered: 12/11/2008)
12/10/200818 ABSTRACT OF ORDER releasing Daniel Schroeder. Abstract issued to USM. (ag) (Entered: 12/11/2008)
12/10/200822 Minute Entry for proceedings held before Magistrate Judge Anthony J. Battaglia:Initial Appearance as to Western Titanium, Inc. held on 12/10/2008, Arraignment as to Western Titanium, Inc. (1) Count 1,2-8 held on 12/10/2008, Not Guilty plea entered, Attorney Nancy O Dix retainled for Western Titanium, Inc.. Govts oral request to unseal the search warrant and affidavit case in #08mj1133 - Granted. ( Motion Hearing/Trial Setting set for 1/16/2009 02:00 PM in Courtroom 13 before Judge Marilyn L. Huff.) (Tape #AJB08-1: 1605-1616).(Plaintiff Attorney Stacey Sullivan).(Defendant Attorney Nancy Dix). (ymm) (Entered: 12/11/2008)
12/10/200826 WITNESS LIST by Daniel Schroeder (ymm) (Entered: 12/11/2008)
12/11/200812 NOTICE OF ATTORNEY APPEARANCE Stacey H Sullivan appearing for USA. (Sullivan, Stacey) (ag). (Entered: 12/11/2008)
12/11/200827 Minute Entry: Judge update in case as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. Judge Janis L. Sammartino added. Judge Marilyn L. Huff no longer assigned to case. (ag) (Entered: 12/12/2008)
12/11/2008  TRUST DEED by Cheem Ang (ag) (Entered: 12/12/2008)
12/11/2008  TRUST DEED by Brian Misak (ag) (Entered: 12/12/2008)
12/12/2008  TRUST DEED as to John Cotner. (lao) (Entered: 12/15/2008)
12/12/200829 Minute Entry for proceedings held before Magistrate Judge Anthony J. Battaglia:Bond Hearing as to Brian Misak, Cheem Ang not held on 12/12/2008. Counsel submitted proof of documents re property. Bond hearing date of 12/12/08 before Magistrate Judge Battaglia - Off calendar. (Tape #(n/a)). (ymm) (Entered: 12/15/2008)
12/12/200830 Minute Entry for proceedings held before Magistrate Judge Anthony J. Battaglia:Bond Hearing as to John Cotner held on 12/12/2008. Court modifies bail and approves the recorded trust deed of the property as presented by counsel as security on the bond posted. (Tape #AJB08-1: 1410-1412).(Plaintiff Attorney Stacey Sullivan).(Defendant Attorney Eugene Iredale). (ymm) (Entered: 12/16/2008)
12/15/200828 NOTICE OF HEARING as to Defendants Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang : Motion Hearing/Trial Setting set before Judge Marilyn L. Huff on 1/16/2009 is vacated and reset before Judge Janis L. Sammartino on 1/16/2009 at 1:30 PM. Signed ackowledgments of next court date to be efiled by 1/9/2009 (acr) (Entered: 12/15/2008)
12/18/200834 Arrest Warrant Returned Executed on 12/5/08 in case as to Daniel Schroeder (pdc) (Entered: 12/23/2008)
12/18/200835 Arrest Warrant Returned Executed on 12/4/08 in case as to Brian Misak (pdc) (Entered: 12/23/2008)
12/18/200836 Arrest Warrant Returned Executed on 12/4/08 in case as to Cheem Ang (pdc) (Entered: 12/23/2008)
12/18/200837 Arrest Warrant Returned Executed on 12/4/08 in case as to John Cotner (pdc) (Entered: 12/23/2008)
12/22/200831 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Arraignment) as to Daniel Schroeder held on 12/9/2008, before Magistrate Judge Anthony J. Battaglia. Court Reporter/Transcriber: Echo Reporting. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/9/2009. Redacted Transcript Deadline set for 1/20/2009. Release of Transcript Restriction set for 3/19/2009. (akr) (Entered: 12/22/2008)
12/22/200832 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Nebbia/Examination of Sureties) as to Daniel Schroeder held on 12/10/2008, before Magistrate Judge Anthony J. Battaglia. Court Reporter/Transcriber: Echo Reporting. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/9/2009. Redacted Transcript Deadline set for 1/20/2009. Release of Transcript Restriction set for 3/19/2009. (akr) (Entered: 12/22/2008)
12/22/200833 TRUST DEED by Brian Misak (ecl) (Entered: 12/23/2008)
12/23/2008  TRUST DEED by Cheem Ang. (asw) (Entered: 12/23/2008)
01/06/200938 Joint MOTION for Protective Order by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Attachments: # 1 Stipulation Iredale, # 2 Stipulation Sullivan, Dix, Luque, # 3 Stipulation Rose, # 4 Stipulation Couchlin)(Sullivan, Stacey) (cap). (Entered: 01/06/2009)
01/07/200939 Notice of Document Discrepancy and Order Thereon by Judge Janis L. Sammartino Accepting Document: 38 Joint Motion for Entry of Protective Order and Proposed Order from USA. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge Janis L. Sammartino on 1/6/09. (cap) (av1). (Entered: 01/07/2009)
01/07/200940 PROTECTIVE ORDER Regarding Discovery. granting 38 Motion for Protective Order as to Western Titanium, Inc. (1), Daniel Schroeder (2), Brian Misak (3), John Cotner (4), Cheem Ang (5). Signed by Judge Janis L. Sammartino on 1/7/2009.(jah) (Entered: 01/07/2009)
01/08/2009  TRUST DEED by Daniel Schroeder (ag) (Entered: 01/08/2009)
01/08/200941 Acknowledgment of next court date by defendant John Cotner to appear on 1/16/2009. (Attachments: # 1 Proof of Service)(Iredale, Eugene) (mkz). (Entered: 01/08/2009)
01/08/200942 Acknowledgment of next court date by defendant Cheem Ang to appear on January 16, 2009. (Polek, Frank) (mkz). (Entered: 01/08/2009)
01/09/200943 Acknowledgment of next court date by defendant Daniel Schroeder to appear on January 16, 2009. (Dix, Nancy) (mkz). (Entered: 01/09/2009)
01/09/200944 NOTICE of SUBSTITUTION OF ATTORNEY by Brian Misak (Coughlan, Raymond) (mkz). (Entered: 01/09/2009)
01/09/200945 Acknowledgment of next court date by defendant Brian Misak to appear on January 16, 2009. (Coughlan, Raymond) (mkz). (Entered: 01/09/2009)
01/16/200946 Minute Entry for proceedings held before Judge Janis L. Sammartino: No motions filed; maximum trial date as of 1/16/09 is 2/18/09. Matter as to Western Titanium, Inc. (1), Daniel Schroeder (2), Brian Misak (3), John Cotner (4) and Cheem Ang (5) continued on joint oral request for a Status Hearing on 2/6/09 at 1:30 PM before Judge Janis L. Sammartino. Daniel Schroeder (1) and John Cotner (4) appearances are waived for the 2/6/09 Status Hearing (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Stacey H. Sullivan & Todd Robinson / RETD Nancy O. Dix, RETD Nancy Luque, RETD Raymond J. Coughlan, RETD Eugene G. Iredale and RETD Robert D. Rose) (acr) (Entered: 01/20/2009)
01/20/200947 NOTICE OF HEARING as to Defendant Daniel Schroeder. Bond Hearing set for 1/22/2009 01:30 PM in Courtroom A before Magistrate Judge Anthony J. Battaglia. (At the request of Attorney Nancy Luque)(ymm) (Entered: 01/20/2009)
01/20/200948 Pretrial Services Request for Modifying the Conditions or Term of Pretrial Release and Order thereon in case as to Daniel Schroeder. Signed by Magistrate Judge Anthony J. Battaglia on 01/15/09. (mkz) (Entered: 01/20/2009)
01/21/200949  MOTION to Modify Conditions of Release by Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Schroeder, # 3 Proof of Service)(Dix, Nancy) (tkl). (Entered: 01/21/2009)
01/22/200950 Minute Entry for proceedings held before Magistrate Judge Anthony J. Battaglia: Bond Hearing as to Daniel Schroeder held on 1/22/2009. Defendants Motion for Review of conditions of release - Denied, without prejudice, denying 49 Motion to Modify Conditions of Release as to Daniel Schroeder (2); Defendants request to remove GPS Monitoring - Denied, without prejudice, Defendants request to remove drug testing - Denied, without prejudice, Defendants request to modify conditions to travel to Florida for (4) days - Granted. GPS Monitoring is suspended for period of these (4) days and defendant is to coordinate with Pretrial Services. Any other traveling other than business is under the discretion of Pretrial Services.(Tape #AJB09-1: 1359-1504. (AJB09-1: 1430(44)-1438(18)-UNDER SEAL)(Plaintiff Attorney Stacey H. Sullivan).(Defendant Attorney Nancy Luque). (ymm) Modified on 1/27/2009 (ymm). (Entered: 01/22/2009)
02/03/200951 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Bond Hearing) as to Daniel Schroeder held on 1/22/2009, before Magistrate Judge Anthony J. Battaglia. Court Reporter/Transcriber: Echo Reporting. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 2/23/2009. Redacted Transcript Deadline set for 3/3/2009. Release of Transcript Restriction set for 5/1/2009. (akr) (Entered: 02/03/2009)
02/05/200952 NOTICE OF HEARING as to Defendant Daniel Schroeder. Bond Hearing set for 2/10/2009 01:30 PM in Courtroom A before Magistrate Judge Anthony J. Battaglia. (At the request of Attorney Nancy Dix)(ymm) (Entered: 02/05/2009)
02/06/200953 NOTICE OF ATTORNEY APPEARANCE: Adam Spencer Garson appearing for Western Titanium, Inc., Daniel Schroeder (Garson, Adam)(asw). (Entered: 02/06/2009)
02/06/200954 Minute Entry for proceedings held before Judge Janis L. Sammartino : Status Hearing as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang held. Daniel Schroeder's (2) appearance is waived. Motion Hearing/Trial Setting set for 3/13/2009 02:00 PM before Judge Janis L. Sammartino. Motions/Briefs to be efiled on 2/6/09, Govt's opposition to be efiled by 2/27/09 and defendants' reply to Govt's opposition to be efiled by 3/6/09. Govt to submit motion t/w proposed order to declare case complex (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Todd Robinson & Stacey H. Sullivan / RETD Nancy O. Dix, RETD Nancy Luque, RETD Raymond J. Coughlan, RETD Eugene G. Iredale and RETD Robert D. Rose) (acr) (Entered: 02/06/2009)
02/06/200955  MOTION to Allow in Camera Declaration of Nancy Luque by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities re In Camera Declaration of Nancy Luque)(Luque, Nancy)(asw). (Entered: 02/06/2009)
02/06/200956 Certificate of Service by Western Titanium, Inc., Daniel Schroeder re 55 MOTION to Allow in Camera Declaration of Nancy Luque (Luque, Nancy) (ag). (Entered: 02/06/2009)
02/06/200957  MOTION for Return of Property/PreTrial to Suspend Review of Docs, to Obtain Evidentiary Hearing and to Suppress Use of Same by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities ISO Motion to Return Seized Property, # 2 Declaration ISO of Western's 7/28/08 Motion, # 3 Declaration ISO Western's 9/16/08 Motion, # 4 Declaration ISO Motion to Return Seized Property, # 5 Declaration ISO Motion to Return Seized Property, # 6 Proof of Service re Return of Property)(Luque, Nancy) (ag). (Entered: 02/06/2009)
02/06/200958  MOTION for Clarification of a Condition of Release by Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities re Clarification of Conditions of Release, # 2 Proof of Service of Motion to Clarify Condition of Release)(Garson, Adam) Modified on 2/9/2009 to correct event used (ag). (Entered: 02/06/2009)
02/09/200959 ORDER denying 55 Ex Parte Motion for an Order Permitting In Camera Filing of the Declaration of Nancy Luque as to Western Titanium, Inc. (1), Daniel Schroeder (2). The Court will deny Defendant's request that the Court conduct in camera review of the declaration, but will consider a motion to file the declaration ex parte and under seal should one be presented. Signed by Judge Janis L. Sammartino on 2/9/2009.(leh) (Entered: 02/09/2009)
02/10/200960  MOTION for Leave to File Declaration of Luque Ex Parte and Under Seal by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities Ex Parte and Under Seal Filing of Luque Declaration ISO Motion to Return Docs Seized, # 2 Proof of Service)(Luque, Nancy) (mkz). (Entered: 02/10/2009)
02/10/200961 ORDER Granting 58 Motion for Modification of Conditions of Release as to Daniel Schroeder. Signed by Magistrate Judge Anthony J. Battaglia on 02/10/09.(mkz) (Entered: 02/10/2009)
02/10/200962 Minute Entry for proceedings held before Magistrate Judge Anthony J. Battaglia:Bond Hearing as to Daniel Schroeder held on 2/10/2009. Deft present on bond. Deft request to travel to Hawaii - granted. Deft to ravel without GPS Monitoring as he has previously. Court clarifies order for Pretrial Service's discretion to approve all travel to include all United States. Court confirms Motion Hearing/Trial Setting previously set for 3/13/2009 2:00pm before Judge Janis L. Sammartino. (Tape #AJB09:1341-1347).(Plaintiff Attorney Stacey Sullivan, AUSA).(Defendant Attorney Adam Garson, ret; Lisa Schroeder s/a). (PTSO: Sylvana Patton). (mnb) (Entered: 02/11/2009)
02/12/200963 ORDER granting 60 Motion for Leave to File Declaration of Nancy Luque Under Seal as to Western Titanium, Inc. (1), Daniel Schroeder (2). It is hereby ordered that the motion is granted. The Clerk's Office shall file the Declaration of Nancy Luque under seal. No copies of the Declaration shall be distributed to any other party. Signed by Judge Janis L. Sammartino on 2/11/2009.(leh) (Entered: 02/17/2009)
02/17/200964 Ex Parte Declaration of Nancy Luque in Support of 57 Motion for Return of Property, To Suspend Review of Documents Seized, and To Obtain an Evidentiary Hearing (leh) Modified on 3/4/2009, Document Unsealed Per Order on 3/4/2009, See Doc. 69 (leh). (Entered: 02/17/2009)
02/23/200965 Ex Parte MOTION to Strike Ex Parte Application to Withdraw and Strike Documents from the Record by Western Titanium, Inc., Daniel Schroeder. (Luque, Nancy) (mkz). (Entered: 02/23/2009)
02/24/200966 Certificate of Service by Western Titanium, Inc., Daniel Schroeder re 65 MOTION to Strike (Luque, Nancy) (mkz). (Entered: 02/24/2009)
02/27/200967 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang re 57 MOTION for Return of Property/PreTrial to Suspend Review of Docs, to Obtain Evidentiary Hearing and to Suppress Use of Same (Attachments: # 1 Exhibit A-B, # 2 Exhibit C-L)(Sullivan, Stacey)(mkz). (Additional attachment(s) added on 3/6/2009: # 3 Sealed Document) (leh). Modified on 3/6/2009, Memo of P & A (Doc. 67-1) Ordered Sealed on 3/5/2009 (leh). (Entered: 02/27/2009)
03/03/200968 RESPONSE to Motion by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang re 65 MOTION to Strike and Withdraw Documents from The Record (Sullivan, Stacey) (mkz). (Entered: 03/03/2009)
03/04/200969 ORDER Granting in Part Defendant Western Titanium Inc.'s 65 Ex Parte Application to Withdraw and Strike Documents; and Unsealing Documents: For purposes of this action, all previously sealed documents submitted in support of Western's 57 Motion to Return Privileged Documents Seized, to Suspend Review of Documents Seized, to Obtain an Evidentiary Hearing Regarding the Same, and to Suppress Use of Same are hereby Unsealed. Signed by Judge Janis L. Sammartino on 03/04/09.(mkz) (Entered: 03/04/2009)
03/05/200970 Ex Parte MOTION to Strike Ex Parte Application to Withdraw and Strike Documents From The Record by Western Titanium, Inc., Daniel Schroeder. (Dix, Nancy) (mkz). Modified on 5/6/2009 to terminate motion (mooted by Doc. No. 72)(mh). (Entered: 03/05/2009)
03/05/200971 Certificate of Service by Western Titanium, Inc., Daniel Schroeder re 70 Ex Parte MOTION to Strike Certificate of Personal Service on Stacey H. Sullivan, Assistant U.S. Attorney (Dix, Nancy) (mkz). (Entered: 03/05/2009)
03/05/200972 ORDER Setting Hearing on Defendants' 70 Ex Parte Application to Withdraw Documents from the Record; and Sealing Government's Memorandum of Points and Authorities in Opposition to Defendants' 57 Motion to Return Priviledged Documents Seized, to Suspend Review of Documents Seized, to Obtain Evidentiary Hearing and Motion to Supress in the Interim: In the event that the parties are unable to resolve this matter between themselves, the Court will consider Defendants' Ex Parte Application at the hearing currently set in this matter on 3/13/09 at 2:00 PM. In the interim, Government's Memo of P&A shall be filed under seal until further Order of the Court. Signed by Judge Janis L. Sammartino on 03/04/09. (mkz) (Entered: 03/06/2009)
03/06/200973 REPLY TO RESPONSE to Motion by Western Titanium, Inc., Daniel Schroeder re 57 MOTION for Return of Property/PreTrial to Suspend Review of Docs, to Obtain Evidentiary Hearing and to Suppress Use of Same (Attachments: # 1 Proof of Service)(Luque, Nancy) (mkz). (Entered: 03/06/2009)
03/09/200974 NOTICE Regarding Exhibit Attachment in Camera Exhibit A by Western Titanium, Inc., Daniel Schroeder re 57 MOTION for Return of Property/PreTrial to Suspend Review of Docs, to Obtain Evidentiary Hearing and to Suppress Use of Same (Luque, Nancy) (mkz). (Entered: 03/09/2009)
03/09/200975 Certificate of Service by Western Titanium, Inc., Daniel Schroeder re 57 MOTION for Return of Property/PreTrial to Suspend Review of Docs, to Obtain Evidentiary Hearing and to Suppress Use of Same In Camera Exhibit A (Luque, Nancy) (mkz). (Entered: 03/09/2009)
03/12/200976 NOTICE of Bench Memorandum, filed as: MOTION re 54 Status Hearing, Bench Memorandum by Western Titanium, Inc., Daniel Schroeder. (Luque, Nancy) Modified on 3/13/2009 to term motion, atty contacted re event(mkz). (Entered: 03/12/2009)
03/13/200977 NOTICE OF ATTORNEY APPEARANCE: Harold C. Trimmer appearing for Brian Misak (Trimmer, Harold) (mdc) (Entered: 03/13/2009)
03/13/200978 Notice of Document Discrepancy and Order Thereon by Judge Janis L. Sammartino Accepting Document: 76 Bench Memorandum (incorrectly docketed by filer as motion) from Western Titanium, Inc., Daniel Schroeder. Non-compliance with local rule(s), ECF 2(a),(g): Docket entry does not accurately reflect the document filed. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge Janis L. Sammartino on 03/13/09. (mkz) (Entered: 03/13/2009)
03/13/200979 Minute Entry for proceedings held before Judge Janis L. Sammartino : Motion Hearing/Trial Setting as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner and Cheem Ang continued to 4/16/2009 01:30 PM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Todd Robinson & Stacy Sullivan / RETD Nancy Luque, RETD Nancy O. Dix, Harld Trimmer s/a for Raymond J. Coughlan, RETD Eugene Iredale and RETD Robert D. Rose) (acr) (Entered: 03/15/2009)
03/25/200980  MOTION for Leave to File Under Seal and/or Ex Parte filing of Privileged Documents by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities)(Luque, Nancy) (mkz). (Entered: 03/25/2009)
03/25/200981 SUPPLEMENTAL MEMORANDUM to Rule 41 Motion by Western Titanium, Inc., Daniel Schroeder (Luque, Nancy) (mkz). (Entered: 03/25/2009)
03/26/200982 Certificate of Service by Western Titanium, Inc., Daniel Schroeder re 81 Supplemental Memorandum of Sealed Exhibit A only (Luque, Nancy) (mkz). (Entered: 03/26/2009)
03/26/200983 ORDER Permitting the Under Seal and/or Ex Parte Filing of Privilege Log, Privilege Binders, Declarations in Support of Same, and Privileged Documents. Signed by Judge Janis L. Sammartino on 03/26/09.(mkz) (Entered: 03/26/2009)
04/02/200990 NOTICE OF HEARING as to Defendant Daniel Schroeder. Bond Hearing set for 4/16/2009 03:00 PM in Courtroom A before Magistrate Judge Anthony J. Battaglia. (At the request of defense counsel)(ymm) (Entered: 04/02/2009)
04/02/200991  MOTION to Modify Conditions of Release by Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities In Support of Motion to Modify Conditions of Release on Behalf of Daniel Schroeder, # 2 Declaration of Lisa T. Schroeder in Support of Daniel Schroeder's Motion to Modify Conditions of Release, # 3 Proof of Service)(Luque, Nancy) (mkz). (Entered: 04/02/2009)
04/03/200992 Amended Notice of MOTION to Modify Conditions of Release Amended Notice of Motion and Motion to Modify Conditions of Release (Hearing Date Corrected to April 16, 2009) by Daniel Schroeder. (Attachments: # 1 Proof of Service)(Luque, Nancy) Modified on 4/6/2009 to term motion, edit event(mkz). (Entered: 04/03/2009)
04/08/200993 RESPONSE in Opposition to 81 Supplemental Memorandum, by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang re 57 MOTION for Return of Property/PreTrial Supplemental Response (Attachments: # 1 Exhibit)(Sullivan, Stacey) Modified on 4/9/2009 (mkz). (Entered: 04/08/2009)
04/09/200994 NOTICE of Change of Address for attorney Nancy Luque by Sarah E Kleven (Kleven, Sarah) (mkz). (Entered: 04/09/2009)
04/09/200995 NOTICE OF HEARING as to Defendants Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang : Hearing on Motion to Compel Discovery set on defense counsel's request for 5/8/2009 03:00 PM before Judge Janis L. Sammartino (acr) (Entered: 04/09/2009)
04/09/200996 NOTICE OF ATTORNEY APPEARANCE: Sarah E Kleven appearing for Western Titanium, Inc., Daniel Schroeder (Kleven, Sarah) (mkz). (Entered: 04/09/2009)
04/09/200997 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang re 91 MOTION to Modify Conditions of Release (Attachments: # 1 Exhibit Exhibit A and B)(Sullivan, Stacey) Modified on 4/10/2009 to correct link (mkz). (Entered: 04/09/2009)
04/09/200998  MOTION for Leave to File Reply to the Governments Opposition to Westerns Supplemental Rule 41 Motion by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities)(Luque, Nancy) (mkz). (Entered: 04/09/2009)
04/10/200999 ORDER Granting Leave to File Reply Memorandum: Western's 98 Motion is granted. Western may file its untimely Motion for Leave to Reply and also may file a Reply memorandum in support of its Supplemental Rule 41 Motion prior to the parties' hearing on 4/16/09. Signed by Judge Janis L. Sammartino on 4/10/09.(mkz) (Entered: 04/10/2009)
04/10/2009100  MOTION to compel the Government to Provide Discovery by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Proof of Service)(Rose, Robert) (mkz). (Entered: 04/10/2009)
04/15/2009101 Reply to Response re Rule 41 Motion by Western Titanium, Inc., Daniel Schroeder re 57 MOTION for Return of Property/PreTrial (Luque, Nancy) Modified on 4/16/2009 to edit event(mkz). (Entered: 04/15/2009)
04/15/2009102  MOTION for Order Granting the Filing of Documents Under Seal by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities in Support of Motion for Order to File Under Seal)(Luque, Nancy) (mkz). (Entered: 04/15/2009)
04/15/2009103 ORDER Denying Defendants' 57 Motion to Return Privileged Documents Seized, to Suspend Review of Documents Seized, to Obtain Evidentiary Hearing and Motion to Suppress without Prejudice; and Vacating Hearing and Setting Status Conference as to all Defendants: Any renewed motion regarding these documents shall be filed on or before 5/1/09 or the issues will be deemed waived. The 4/16/09 Motion hearing is Vacated. The Court will hold a Status Conference as to all Defendants on 5/8/2009 at 03:00 PM in Courtroom 06 before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 4/15/09.(mkz) (Entered: 04/15/2009)
04/15/2009  Hearing terminated. (mkz) (Entered: 04/15/2009)
04/15/2009104  MOTION for Joinder In Co-Defendant Cheem Ang's Motion to Compel the Government to Produce Discovery and Citation to Further Authority by Brian Misak. (Trimmer, Harold) (mkz). (Entered: 04/15/2009)
04/16/2009105 Certificate of Service by Western Titanium, Inc., Daniel Schroeder re 101 Response in Support of Under Seal Exhibits A and C (Luque, Nancy) (mkz). (Entered: 04/16/2009)
04/16/2009106 ORDER Permitting the Under Seal Filing of Supplemental Privilege Log and September 23, 2008 Under Seal Order. Signed by Judge Janis L. Sammartino on 4/16/09.(mkz) (Entered: 04/16/2009)
04/16/2009107 Certificate of Service by Western Titanium, Inc., Daniel Schroeder re 101 Response in Support Corrected of Sealed Exhibits A and C (Luque, Nancy) (mkz). (Entered: 04/16/2009)
04/16/2009109 Minute Entry for proceedings held before Magistrate Judge Anthony J. Battaglia:Bond Hearing as to Daniel Schroeder held on 4/16/2009. Motion to Modify Conditions of Release, granted in part/denied in part: GPS ordered removed, without prejudice; Pretrial Service reporting and monitoring may increase; maintain and continu drug/alcohol testing. (Tape #AJB09-16:15-17:00).(Attorney Stacy Sullivan, AUSA).(Defendant Attorney Nancy Luque, RET; s/a L Schroeder). (gac) (Entered: 04/20/2009)
04/17/2009108 ORDER granting in part Defendant's 91 Motion to Modify Conditions of Release as to Daniel Schroeder (2). Court removes the requirement that dft participate in a GPS satellite monitoring program as a condition of release, in person supervision may increase, w/in the discretion of the Pretrial Services Officer. All other conditions previously set will continue as conditions of his release. Signed by Magistrate Judge Anthony J. Battaglia on 4/17/2009. (cc: Pretrial) (jah) (Entered: 04/20/2009)
04/22/2009110 Arrest Warrant Returned Executed on 12/08/08 in case as to Cheem Ang (ag) (Entered: 04/22/2009)
04/24/2009113  MOTION for Joinder in Cheem Ang's Motion to Compel the Government To Produce Discovery and Request for Additional Discovery by Western Titanium, Inc.. (Attachments: # 1 Declaration of Nancy O. Dix ISO Motion, # 2 Exhibit A to Dix Declaration, # 3Exhibit B to Dix Declaration, # 4 Exhibit C to Dix Declaration, # 5 Exhibit D to Dix Declaration, # 6 Exhibit E to Dix Declaration)(Kleven McGann, Sarah) (mkz). (Entered: 04/24/2009)
04/29/2009114 NOTICE OF APPEAL by Western Titanium, Inc., Daniel Schroeder re 103 Order Denying Defendants' Motion to Return Privileged Documents Seized, to Suspend Review of Documents Seized, to Obtain Evidentiary Hearing and Motion to Suppress without Prejudice. (Filing Fee: $455 Paid, Receipt No. CAS000235). (akr) (Entered: 04/29/2009)
04/29/2009115 Appeal Time Schedule for 114 Notice of Appeal filed by Western Titanium, Inc., Daniel Schroeder. (akr) (Entered: 04/29/2009)
04/29/2009  Transmission of Notice of Appeal and Docket Sheet as to Western Titanium, Inc., Daniel Schroeder to US Court of Appeals re 114 Notice of Appeal. (akr) (Entered: 04/29/2009)
05/01/2009116 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang 100 MOTION to compel. (Sullivan, Stacey) Modified on 5/4/2009 to correct link(mkz). (Entered: 05/01/2009)
05/01/2009117  MOTION to Stay re 103 Order on Motion for Return of Property, Notice of Motion to Stay Enforcement of April 15, 2009 Order Pending Appeal by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Declaration of Nancy O. Dix, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Memo of Points and Authorities)(Luque, Nancy) (mkz). (Entered: 05/01/2009)
05/04/2009118 REPLY TO RESPONSE to Motion by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang re 100 MOTION to compel, 113 MOTION for Joinder in Cheem Ang's Motion to Compel the Government To Produce Discovery and Request for Additional Discovery (Attachments: # 1 Proof of Service)(Rose, Robert) (mkz). (Entered: 05/04/2009)
05/04/2009119 USCA Case Number 09-50224 for 114 Notice of Appeal, filed by Western Titanium, Inc., Daniel Schroeder. (akr) (Entered: 05/04/2009)
05/05/2009120 REPLY TO RESPONSE to Motion by Brian Misak as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang re 104 MOTION for Joinder In Co-Defendant Cheem Ang's Motion to Compel the Government to Produce Discovery and Citation to Further Authority, 100 MOTION to compel (Coughlan, Raymond) (mkz). (Entered: 05/05/2009)
05/07/2009121 PRETRIAL MEMORANDUM of Law re Effect of Notice of Appeal on Jurisdiction by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang (Sullivan, Stacey) (mkz). (Entered: 05/07/2009)
05/08/2009123 Minute Entry for proceedings held before Judge Janis L. Sammartino : Motion Hearing as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang held; Court to issue written order. Further motions to be efiled by 6/24/2009 before 5:00 PM. Response in Opposition to Motions to be efiled by 7/8/2009 before 5:00 PM. Hearing on all pending motions set for 7/28/2009 at 9:00 AM. Jury Trial (6-8 weeks) set to begin on 10/5/2009 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Stacey H. Sullivan / RETD Nancy Luque, RETD Nancy Luque, RETD Sarah Kleven McGann, RETD Raymond J. Coughlan, RETD Harold C. Trimmer, RETD Eugene G. Iredale and RETD Robert D. Rose) (acr) (Entered: 05/12/2009)
05/11/2009122 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang held on 3/13/2009, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Gayle Wakefield. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/1/2009. Redacted Transcript Deadline set for 6/11/2009. Release of Transcript Restriction set for 8/10/2009. (akr) (Entered: 05/12/2009)
05/14/2009124 Ex Parte MOTION to Allow Unsealing of Record in Related Civil Case by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Sullivan, Stacey). Modified on 5/15/2009 - Contains Proposed Order. Email sent to Atty (jah). (Entered: 05/14/2009)
05/15/2009125 PRETRIAL MEMORANDUM of Law on the Effect of Western's Notice of Appeal on this Court's Jurisdiction by Western Titanium, Inc., Daniel Schroeder (Kleven McGann, Sarah) (ag). (Entered: 05/15/2009)
05/15/2009126 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang re 117 MOTION to Stay re 103 Order on Motion for Return of Property/PreTrial (Sullivan, Stacey) (ag). (Entered: 05/15/2009)
05/15/2009128 ORDER granting USA's 124 Ex Parte Motion to Unseal Related Pre-Indictment Civil Case. Court orders that civil case 08cv794-W be unsealed. This Order does not apply to any ex parte documents filed. Signed by Judge Janis L. Sammartino on 5/15/2009.(jah) (Entered: 05/19/2009)
05/19/2009127 TRANSCRIPT REQUEST by Western Titanium, Inc., Daniel Schroeder for the following proceedings: USDC Case No. 08-cv-0794-W (5/30/2008); USDC Case No. 08-cr-4229-JLS (3/13/2009, 5/8/2009) re 114 Notice of Appeal. (Attachments: # 1 Proof of Service). (akr) (Entered: 05/19/2009)
05/19/2009129 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) (proceedings held in 08-cv-0794-W) as to Western Titanium, Inc., Daniel Schroeder for date of 5/30/2008 before Magistrate Judge Barbara L. Major, re 114 Notice of Appeal. Court Reporter/Transcriber: Echo Reporting. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/9/2009. Redacted Transcript Deadline set for 6/19/2009. Release of Transcript Restriction set for 8/17/2009. (USDC Clerk Note: Transcript was originally sealed. Case number 08-cv-0794-W, including the transcript, was unsealed on 5/15/2009, at 128 Order.) (akr) (Entered: 05/19/2009)
05/21/2009130  MOTION for Leave of Court to Reply to the Government's Opposition to Western's Motion to Stay re 117 MOTION to Stay re 103 Order by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities)(Kleven McGann, Sarah)(mkz). (Entered: 05/21/2009)
05/26/2009131 Joint MOTION to Modify Conditions of Release to Allow Travel Outside the District in June and July by Brian Misak as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Trimmer, Harold) (mkz). (Entered: 05/26/2009)
05/27/2009132 ORDER Granting 131 Joint Motion to Modify Conditions of Pretrial Release as to Brian Misak. Signed by Judge Janis L. Sammartino on 5/27/09.(mkz) (Entered: 05/27/2009)
05/29/2009134 ORDER Granting Motion for Order Permitting Ex Parte and Under Seal Filing of the Motion for Issuance of Order Permitting Rule 17(c) Subpoenas and all Supporting Documents as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. Signed by Magistrate Judge Louisa S. Porter on 5/29/2009. (leh) (Entered: 06/01/2009)
05/29/2009137 ORDER Granting Ex Parte Under Seal Motion for Issuance of a Rule 17(c) Subpoena as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. Signed by Magistrate Judge Louisa S. Porter on 5/29/2009. (leh) (Entered: 06/01/2009)
06/01/2009133 ORDER Denying in Part, Granting in Part, and Reserving in Part 100 Defendant's Motion to Compel Discovery as to Western Titanium, Inc. (1), Daniel Schroeder (2), Brian Misak (3), John Cotner (4), Cheem Ang (5). Signed by Judge Janis L. Sammartino on 6/1/09.(cap) (Entered: 06/01/2009)
06/02/2009141 ORDER Granting Defendants Western Titanium and Schroeders' 117 Motion for Stay of Court's 4/15/09 Order; and Denying as Moot Defendants' 130 Motion for Leave of Court to File Reply. Signed by Judge Janis L. Sammartino on 6/2/09.(mkz) (Entered: 06/02/2009)
06/03/2009142 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang for date of 5/8/2009 before Judge Janis L. Sammartino, re 114 Notice of Appeal. Court Reporter/Transcriber: Gayle Wakefield. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/24/2009. Redacted Transcript Deadline set for 7/6/2009. Release of Transcript Restriction set for 9/1/2009. (akr) (Entered: 06/04/2009)
06/16/2009143 Certificate of Record transmitted to USCA re 114 Notice of Appeal, filed by Western Titanium, Inc., Daniel Schroeder. (akr) (Entered: 06/16/2009)
06/16/2009144 ORDER to Respond: The Court hereby Orders Boeing Corporation to respond to Defendant Western Titanium's subpoena by 6/19/09 at 10:00 AM. Counsel for Defendant Western Titanium shall serve a copy of this Order on Boeing Corporation. Signed by Magistrate Judge Louisa S. Porter on 6/16/09. (mkz) (Entered: 06/16/2009)
06/16/2009145 NOTICE of USCA Receipt of Certificate of Record re 114 Notice of Appeal filed by Western Titanium, Inc., Daniel Schroeder. (akr) (Entered: 06/16/2009)
06/22/2009146  MOTION to Allow Additional Peremptory Challenges and for the Use of a Jury Questionnaire in Jury Selection by John Cotner. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Iredale, Eugene) (mkz). (Entered: 06/22/2009)
06/22/2009147  MOTION to Produce Henthorn Material by John Cotner. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Iredale, Eugene) (mkz). (Entered: 06/22/2009)
06/22/2009148 ORDER to Maintain Documents: The Court will return the original copies of the documents to Merco. Merco, the subpoenaed party, is hereby ordered to maintain the original copies of the documents produced so they are available if necessary for future court hearings. Signed by Magistrate Judge Louisa S. Porter on 6/22/09. (cc: Merco Manufacturing Corporation Anaheim, CA and Merco Manufacturing Company Placentia, CA) (mkz) (Entered: 06/23/2009)
06/22/2009149 ORDER Regarding Produced Documents: The Court shall maintain all documents as produced by Boeing. The parties shall contact the Court to schedule inspections of the documents produced by Boeing. Signed by Magistrate Judge Louisa S. Porter on 6/22/09. (cc: Boeing Corporation) (mkz) (Entered: 06/23/2009)
06/23/2009150  MOTION for Reciprocal Discovery by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Sullivan, Stacey) (mkz). (Entered: 06/23/2009)
06/24/2009151  MOTION to Dismiss Indictment for Duplicity by Cheem Ang. (Attachments: # 1 Memo of Points and Authorities Memorandum of Points and Authorities)(Rose, Robert) (mkz). (Entered: 06/24/2009)
06/24/2009152 MOTION to Dismiss Indictment for Lack of Probable Cause, NOTICE of Motion and Motion to Dismiss Indictment for Lack of Probable Cause by Cheem Ang (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration)(Rose, Robert) Modified on 6/25/2009 to correct event, atty contacted(mkz). (Entered: 06/24/2009)
06/24/2009153 MOTION to Supress Evidence Seized Pursuant to Search Warrant, NOTICE of Motion and Motion to Suppress Evidence Seized Pursuant to Search Warrant by Cheem Ang (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration)(Rose, Robert) Modified on 6/25/2009 to correct event (mkz). (Entered: 06/24/2009)
06/24/2009154  MOTION Motion for Disclosure of Proffer Information by Brian Misak as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit, # 3 Proof of Service)(Trimmer, Harold) (mkz). (Entered: 06/24/2009)
06/24/2009155 DOCUMENT E-Filed in Error - MOTION to Suppress Documents Seized on April 15, 2008 by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit Exhibits 1 - 11, # 3 Declaration of Nancy Dix of 4/30/08, # 4 Declaration of Adam Garson, # 5 Declaration of Jennifer Feldman of 4/30/08, # 6 Proof of Service)(Kleven McGann, Sarah) Modified text on 6/25/2009 to reflect error per Attny; Attny to refile (lao). (Entered: 06/24/2009)
06/24/2009156 Certificate of Service by Cheem Ang re 151 MOTION to Dismiss Indictment for Duplicity, 152 Motion to Dismiss Indictment 153 Motion to Supress Evidence (Rose, Robert) (mkz). (Entered: 06/24/2009)
06/24/2009157  MOTION to Dismiss Indictment For Selective Prosecution by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Kleven McGann, Sarah) (mkz). (Entered: 06/24/2009)
06/24/2009158  MOTION to Exclude Testimony And Evidence Regarding Tests Conducted by the Air Force Research Laboratory by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Walter E. Herman, # 3 Proof of Service)(Kleven McGann, Sarah) (mkz). (Entered: 06/24/2009)
06/25/2009159  MOTION to Suppress Documents Seized on April 15, 2008 by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit Exhibits 1 - 11, # 3 Declaration of Nancy Dix of 4/30/08, # 4 Declaration of Jennifer Feldman of 4/30/08, # 5 Declaration of Adam Garson, # 6 Proof of Service)(Kleven McGann, Sarah) (mkz). (Entered: 06/25/2009)
06/25/2009160 NOTICE of Filing of Exhibits to Motion to Exclude Testimony and Evidence Re Tests Conducted by The Air Force Research Laboratory by Western Titanium, Inc., Daniel Schroeder re 158 MOTION to Exclude Testimony (Attachments: # 1 Exhibit 6, # 2 Exhibit 7-17)(Kleven McGann, Sarah) (mkz). (Entered: 06/25/2009)
06/25/2009161 NOTICE of Filing of Exhibits to Motion to Dismiss the Indictment for Selective Prosecution and Declaration of Sarah Kleven McGann in Support Thereof by Western Titanium, Inc., Daniel Schroeder re 157 MOTION to Dismiss Indictment (Attachments: # 1 Declaration of Sarah Kleven McGann)(Kleven McGann, Sarah) (mkz). (Entered: 06/25/2009)
06/26/2009162 NOTICE OF ATTORNEY APPEARANCE David D Leshner appearing for USA. (Leshner, David) (mkz). (Entered: 06/26/2009)
06/26/2009163  MOTION for Joinder in Co-Defendant Cheem Ang's Motion To Dismiss Indictment for Duplicity by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Attachments: # 1 Proof of Service)(Kleven McGann, Sarah) (mkz). (Entered: 06/26/2009)
06/26/2009164  MOTION for Joinder in Co-Defendant Brian Misak's Motion for Disclosure of Proffer Information by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Attachments: # 1 Proof of Service)(Kleven McGann, Sarah) (mkz). (Entered: 06/26/2009)
06/26/2009165 NOTICE of Joinder in Defendants' Pre-Trial Motions (Docs. 146, 147, 154, 155, 157, and 158) by Cheem Ang re 154 MOTION Motion for Disclosure of Proffer Information (Attachments: # 1 Proof of Service)(Polek, Frank) (mkz). (Entered: 06/26/2009)
06/26/2009166 NOTICE of Withdrawal of Western and Schroeder's Motion to Suppress Documents Seized on April 15, 2008 and Accompanying Documents, Including Exhibits 1-11, Filed on June 24, 2009 (ECF DOC No. 155) by Western Titanium, Inc., Daniel Schroeder re 155 MOTION to Suppress (Attachments: # 1 Proof of Service)(Kleven McGann, Sarah) (mkz). (Entered: 06/26/2009)
06/29/2009167  MOTION for Joinder in Ang Motion to Dismiss Indictment 151 ; Ang Motion to Suppress Evidence 153 ; WTI and Schroeder Motion to Suppress 159 ; WTI and Schroeder Motion to Exclude Evidence 158 ; WTI and Schroeder Motion to Dismiss Indictment 157 ; Cotner Motion for Add'l Peremptory Challenges, etc. 146 ; Cotner Motion for Henthorn Material 147 by Brian Misak as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Coughlan, Raymond) (mkz). (Entered: 06/29/2009)
06/29/2009168  MOTION for Joinder in Cheem Ang's Motion to Dismiss Indictment for Lack of Probable Cause 152 by Brian Misak as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Attachments: # 1 Declaration of R.J. Coughlan, Jr., # 2 Exhibits 1-7, # 3 Proof of Service)(Coughlan, Raymond)(mkz). (Entered: 06/29/2009)
06/29/2009169  MOTION for Joinder in Co-Defendant Cheem Ang's Motion to Suppress Evidence Seized Pursuant to Search Warrant by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Attachments: # 1 Declaration of Nancy Luque, # 2 Proof of Service)(Luque, Nancy) (mkz). (Entered: 06/29/2009)
06/29/2009170  MOTION for Joinder In Part To Allow Additional Peremptory Challenges by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Attachments: # 1 Proof of Service)(Kleven McGann, Sarah) (mkz). (Entered: 06/29/2009)
06/29/2009171  MOTION for Joinder in Co-Defendant John Cotner's Motion To Produce Henthorn Material by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Attachments: # 1 Proof of Service)(Kleven McGann, Sarah) (mkz). (Entered: 06/29/2009)
06/30/2009172 ORDER of USCA as to Western Titanium, Inc., Daniel Schroeder re 114 Notice of Appeal and USCA Case No. 09-71356. Appellee's motion to dismiss interlocutory appeal No. 09-50224 is denied without prejudice to renewal in the answering brief. The 5/7/2009 motion in mandamus petition No. 09-71356 to file under seal and ex parte documents previously filed under seal and ex parte in the USDC is granted. Mandamus petition No. 09-71356 raises issues that warrant a response. Accordingly, within 14 days after the date of this order, the real party in interest shall file a response. The USDC, within 14 days after the date of this order, may file a response if it so desires. The motion to expedite appeal No. 09-50224 is granted. Briefing schedule issued. The provisions of Ninth Circuit Rule 31-2.2 shall not apply to these cases. (cc: Chambers). (akr) (Entered: 07/01/2009)
07/01/2009173 ORDER Setting Status Conference: Upon request of counsel for the Government and in light of the 172 order of the Ninth Circuit Court of Appeals, the Court will hold a Status Conference on 7/10/2009 at 03:00 PM in Courtroom 06 before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 7/1/09. (mkz) (Entered: 07/01/2009)
07/07/2009174 Joint MOTION for Extension of Time to File Response/Reply In Opposition to Defendants' Substantive Motions by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Sullivan, Stacey) (mkz). (Entered: 07/07/2009)
07/07/2009175  MOTION to Withdraw as Attorney for Defendants Western Titanium, Inc., and Daniel Schroeder by Nancy O. Dix of DLA Piper LLP (US). by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Nancy O. Dix, # 3 Proof of Service)(Dix, Nancy) (mkz). (Entered: 07/07/2009)
07/07/2009176  MOTION Waive Appearance of Daniel Schroeder at July 10, 2009 Status Hearing by Daniel Schroeder. (Attachments: # 1 Proof of Service, # 2 Proposed Order)(Kleven McGann, Sarah) Modified on 7/8/2009, atty contacted re proposed order (mkz). (Entered: 07/07/2009)
07/07/2009180 Notice of Document Discrepancy by Judge Janis L. Sammartino Accepting Document: Motion to File Motion for Joinder Under Seal; Motion for Joinder; Declaration of Sarah Kleven from Western Titanium, Inc., Daniel Schroeder. Non-compliance with local rule(s), OTHER: Missing Proposed Order. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received - under seal. (leh) (Entered: 07/08/2009)
07/08/2009177 ORDER granting 176 Motion to Waive Appearance at 7/10/09 Status Hearing as to Daniel Schroeder (2). Signed by Judge Janis L. Sammartino on 7/8/09.(mh) (Entered: 07/08/2009)
07/08/2009178 Notice of Document Discrepancy and Order Thereon by Judge Janis L. Sammartino Accepting Document: 176 Notice of Motion and Motion to Waive Appearance from Daniel Schroeder. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature, Crim.L.Rule 47.1: Missing time and date on motion and/or supporting documentation. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge Janis L. Sammartino on 7/8/2009. (mkz) (Entered: 07/08/2009)
07/08/2009179 ORDER Granting 174 Joint Motion to Extend Response Time for Government to File Memoranda in Opposition to Defendants' Substantive Motions. Signed by Judge Janis L. Sammartino on 7/8/09.(mkz) (Entered: 07/08/2009)
07/10/2009184 Minute Entry for proceedings held before Judge Janis L. Sammartino : Daniel Schroeder's appearance is waived. Ninth Circuit oral argument set for 9/2/2009. Motion Hearing previously set for 7/28/2009 is vacated and reset for 8/31/2009 at 9:30 AM . Govt to efile motions and responses to defendants' motions by 7/31/2009. Hearing on Motion to Withdraw as Counsel of Record 175 set for 7/28/09 at 9:00 AM. Jury Trial to remain as set for 10/5/2009 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Stacey H. Sullivan & David D. Leshner / RETD Nancy Luque, RETD Nancy Dix, RETD Raymond J. Coughlan, Jr. & Harold C. Trimmer / RETD Eugene G. Iredale / RETD Robert D. Rose) (acr) (Entered: 07/14/2009)
07/15/2009185 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Status Hearing) as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang held on 7/10/2009, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Gayle Wakefield. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/5/2009. Redacted Transcript Deadline set for 8/17/2009. Release of Transcript Restriction set for 10/13/2009. (akr) (Entered: 07/15/2009)
07/16/2009186 MOTION for Leave to File Ex Parte and Under Seal Daniel Schroeder and Western Titanium, Inc.'s Memorandum of Points and Authorities in Opposition to Nancy O. Dix's Motion to Withdraw and Declaration of Lisa Schroeder by Western Titanium, Inc., Daniel Schroeder.(leh) (Entered: 07/16/2009)
07/16/2009187 ORDER granting 186 Motion for Leave to File Documents Ex Parte and Under Seal as to Western Titanium, Inc. (1), Daniel Schroeder (2). It is hereby ordered that the Clerk shall file the Memorandum of Points and Authorities in Opposition to Dix's Motion to Withdraw and the Declaration of Lisa Schroeder along with any exhibits thereto ex parte and under seal. Signed by Judge Janis L. Sammartino on 7/15/2009.(leh) (Entered: 07/16/2009)
07/16/2009190 PRO HAC VICE APPOINTED: Daniel Marino appearing for Defendants Western Titanium, Inc., Daniel Schroeder. (All non-registered users served via U.S. Mail Service).(mkz) (Entered: 07/16/2009)
07/16/2009191 DOCUMENT STRICKEN: MOTION to Continue July 28, 2009, Hearing on Nancy O. Dix's Motion to Withdraw by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Kleven McGann, Sarah) (mkz). Modified on 7/17/2009 to strike per 192 Order (mkz). (Entered: 07/16/2009)
07/17/2009192 Notice of Document Discrepancy and Order Thereon by Judge Janis L. Sammartino Rejecting Document: 191 Motion and Notice of Motion to Continue Hearing from Western Titanium, Inc., Daniel Schroeder. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Janis L. Sammartino on 7/17/09. (mkz) Modified on 7/17/2009 to indicate all non-registered users served via US Mail (mkz). (Entered: 07/17/2009)
07/21/2009193  MOTION for Leave to File a Reply to Western Titanium, Inc. and Daniel Schroeder's Opposition to Nancy Dix's Motion to Withdraw as Counsel, and Motion to File Said Reply Ex Parte and Under Seal by Western Titanium, Inc., Daniel Schroeder. (Dix, Nancy) (mkz). (Entered: 07/21/2009)
07/21/2009194  MOTION to Disqualify Counsel Nancy Luque and Nancy Dix by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Sullivan, Stacey) (mkz). (Entered: 07/21/2009)
07/23/2009195 Joint MOTION to Continue July 28, 2009 Hearing on Nancy O. Dix's Motion to Withdraw by Western Titanium, Inc., Daniel Schroeder. (Kleven McGann, Sarah) (mkz). (Entered: 07/23/2009)
07/23/2009196 Certificate of Service by Western Titanium, Inc., Daniel Schroeder re 195 MOTION to Continue July 28, 2009 Hearing on Nancy O. Dix's Motion to Withdraw as Counsel (Kleven McGann, Sarah) (mkz). (Entered: 07/23/2009)
07/23/2009197 ORDER Allowing Attorney Nancy O. Dix to File a Reply to Western Titanium, Inc. and Daniel Schroeder's Opposition to Nancy Dix's 175 Motion to Withdraw as Counsel, and Order Allowing the Reply to be Filed Ex Parte and Under Seal. Signed by Judge Janis L. Sammartino on 7/23/09.(mkz) (Entered: 07/23/2009)
07/24/2009198  MOTION Waive Appearance of Daniel Schroeder at July 28, 2009 Status Hearing by Daniel Schroeder. (Attachments: # 1 Proof of Service)(Kleven McGann, Sarah)(asw). (Entered: 07/24/2009)
07/24/2009199 ORDER Granting 195 Joint Motion to Continue 7/28/09 Hearing on Nancy O. Dix's 175 Motion to Withdraw: The 7/28/09 Motion hearing is continued to 7/31/2009 at 01:30 PM in Courtroom 06 before Judge Janis L. Sammartino. This Order does not impact the Status Hearing set for 7/28/09 at 9:00 AM. Signed by Judge Janis L. Sammartino on 7/24/09.(All non-registered users served via U.S. Mail Service).(mkz) (Entered: 07/24/2009)
07/24/2009200 ORDER Granting Daniel Schroeder's 198 Motion to Waive Appearance of Daniel Schroeder at 7/28/09 Status Hearing. Signed by Judge Janis L. Sammartino on 7/24/09.(All non-registered users served via U.S. Mail Service).(mkz) (Entered: 07/24/2009)
07/24/2009201 Notice of Document Discrepancy by Judge Janis L. Sammartino Accepting Document: Motion for Leave to File Reply to Opposition from Western Titanium, Inc., Daniel Schroeder. Non-compliance with local rule(s), OTHER: No Proposed Order. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. (leh) (Entered: 07/27/2009)
07/28/2009205 Minute Entry for proceedings held before Judge Janis L. Sammartino : Status Hearing as to Western Titanium, Inc., Daniel Schroeder (appearance waived), Brian Misak, John Cotner, Cheem Ang held. Lisa Schroeder appeared as general counsel for Western Titanium, Inc. Hearing on Govt's Motion to Disqualify Nancy Luque and Nancy Dix 194 set for 8/21/2009 03:00 PM before Judge Janis L. Sammartino (Court Reporter Melinda Setterman / CRD A Ramos / AUSA Stacey H. Sullivan & David D. Leshner / RETD Nancy Luque, RETD Raymond J. Coughlan & Harold C. Trimmer, RETD Eugene G. Iredale and RETD Robert D. Rose) (acr) (Entered: 07/28/2009)
07/28/2009206 Joint MOTION to Travel Outside of District During August by Brian Misak as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Trimmer, Harold) (mkz). (Entered: 07/28/2009)
07/28/2009207 ORDER Granting 206 Joint Motion to Modify Defendant's Conditions of Pretrial Release as to Brian Misak. Signed by Judge Janis L. Sammartino on 7/28/09.(mkz) (Entered: 07/28/2009)
07/29/2009208 Notice of Hearing Changing Date and Time of Calendared Matter: On the Court's own motion, the hearing on Attorney Dix's 175 Motion to Withdraw as Attorney of Record set for 7/31/09 is vacated and reset for 8/4/2009 at 04:00 PM in Courtroom 06 before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 7/29/09. (All non-registered users served via U.S. Mail Service).(mkz) (Entered: 07/30/2009)
07/31/2009209 RESPONSE in Opposition by USA as to Western Titanium, Inc. re 159 MOTION to Suppress Documents Seized on April 15, 2008 (Attachments: # 1 Declaration)(Leshner, David) (mkz). (Entered: 07/31/2009)
07/31/2009210 RESPONSE in Opposition by USA as to Western Titanium, Inc. re 157 MOTION to Dismiss Indictment For Selective Prosecution (Leshner, David) (mkz). (Entered: 07/31/2009)
07/31/2009211 RESPONSE in Opposition by USA as to Cheem Ang re 151 MOTION to Dismiss Indictment for Duplicity (Leshner, David) (mkz). (Entered: 07/31/2009)
07/31/2009212 RESPONSE in Opposition by USA as to Cheem Ang re 152 MOTION to Dismiss Indictment for Lack of Probable Cause (Leshner, David) (mkz). (Entered: 07/31/2009)
07/31/2009213 RESPONSE in Opposition by USA as to Cheem Ang re 153 MOTION to Suppress Evidence Seized Pursuant to Search Warrant (Attachments: # 1 Declaration)(Leshner, David) (mkz). (Entered: 07/31/2009)
07/31/2009214 RESPONSE in Opposition by USA as to John Cotner re 147 MOTION to Produce Henthorn Material (Leshner, David)(mkz). (Entered: 07/31/2009)
07/31/2009215 RESPONSE in Opposition by USA as to John Cotner re 146 MOTION to Allow Additional Peremptory Challenges and for the Use of a Jury Questionnaire in Jury Selection (Leshner, David) (mkz). (Entered: 07/31/2009)
07/31/2009216 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang re 158 MOTION to Exclude Testimony And Evidence Regarding Tests Conducted by the Air Force Research Laboratory (Attachments: # 1 Exhibits Vol. I to Government's Opposition to Daubert Motion, # 2 Exhibits Vol. II - Government's Opposition to Daubert Motion, # 3 Exhibits - Vol. III - Government's Opposition to Daubert Motion)(Sullivan, Stacey) (mkz). (Entered: 07/31/2009)
07/31/2009217 RESPONSE in Opposition by USA as to Brian Misak re 154 MOTION Motion for Disclosure of Proffer Information (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Leshner, David) (mkz). (Entered: 07/31/2009)
08/04/2009218 Minute Entry for proceedings held before Judge Janis L. Sammartino : Hearing on DLA Piper's Motion to Withdraw as Counsel of Record 175 held and taken under submission. Court to issue written order (Court Reporter Melinda Setterman / CRD A Ramos / RETD Nancy O Dix / RETD Dan Marino & Nancy Luque) (acr) (Entered: 08/06/2009)
08/10/2009219 Joint MOTION to Travel Outside the District from August 14-17, 2009 by Brian Misak. (Trimmer, Harold) (mkz). (Entered: 08/10/2009)
08/12/2009220 ORDER Granting 219 Joint Motion to Modify Defendant Brian Misak's Conditions of Pretrial Release. Signed by Judge Janis L. Sammartino on 8/12/09.(mkz) (Entered: 08/12/2009)
08/12/2009221 Ex Parte MOTION for Extension of Time to File an Opposition to the Government's Motion to Disqualify Attorney Dix and DLA Piper for Conflict of Interest by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Declaration of Nancy O. Dix)(Dix, Nancy) (mkz). (Entered: 08/12/2009)
08/13/2009222 ORDER Granting 221 Ex Parte Application for Extension of Time to File Opposition: Nancy Dix and DLA Piper may file an opposition to the Government's Motion to Disqualify Counsel on Tuesday, August 18, 2009. Signed by Judge Janis L. Sammartino on 8/13/09.(All non-registered users served via U.S. Mail Service).(pdc) (Entered: 08/13/2009)
08/13/2009223  MOTION for Extension of Time to File Response/Reply as to 194 MOTION to Disqualify Counsel by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Attachments: # 1 Proof of Service)(Luque, Nancy) (mkz). (Entered: 08/13/2009)
08/14/2009224 ORDER: The 223 Motion for Extension of Time to File is Granted and the response time for Western and Mr. Schroeder to file their memorandum in opposition to the Government's 194 Motion to Disqualify Attorneys Nancy Luque and Nancy Dix for conflict of interest is extended to 8/17/09. Signed by Judge Janis L. Sammartino on 8/14/09.(All non-registered users served via U.S. Mail Service).(mkz) (Entered: 08/14/2009)
08/17/2009225 ORDER granting 175 Motion to Withdraw as Attorney. Nancy O Dix and Adam Spencer Garson withdrawn from case as to Western Titanium, Inc. (1), Daniel Schroeder (2). An ex parte, sealed, written order to be provided via U.S. mail to counsel involved. Signed by Judge Janis L. Sammartino on 8/17/09.(mh) (Entered: 08/17/2009)
08/17/2009226 RESPONSE in Opposition by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang re 194 MOTION to Disqualify Counsel Nancy Luque and Nancy Dix, (Attachments: # 1 Proof of Service)(Luque, Nancy) (mkz). (Entered: 08/17/2009)
08/18/2009228 RESPONSE in Opposition by DLA Piper LLP (US) re 194 MOTION to Disqualify Counsel (Attachments: # 1 Notice of Non-Compliance, # 2 Proof of Service)(mkz) (Entered: 08/19/2009)
08/18/2009229 NOTICE of Non-Compliance with Local Rule 5.4(a) Mandatory Electronic Filing re 228 Response in Opposition. (mkz) (Entered: 08/19/2009)
08/18/2009230 FIRST SUPERSEDING INDICTMENT as to Western Titanium, Inc. (1) count(s) 1s, 2s-64s, Daniel Schroeder (2) count(s) 1s, 2s-64s, Brian Misak (3) count(s) 1s, 2s-64s, John Cotner (4) count(s) 1s, 2s-64s, Cheem Ang (5) count(s) 1s, 2s-64s, Mach 2 Metals, Inc. (6) count(s) 1, 63-64. (leh) Modified on 8/25/2009, superseding indictment unsealed (leh). (Entered: 08/20/2009)
08/21/2009231 Minute Entry for proceedings held before Judge Janis L. Sammartino : Motion to Disqualify Counsel 194 held and taken under submission. Matter to proceed with Motion Hearing currently set for 8/31/2009 09:00 AM; Hearing on Motions/Motions In Limine set for 9/25/2009 3:00 PM (opposition filed by 9/17/2009) and Jury Trial (8 weeks) set for 10/5/2009 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / AUSAS Stacey H. Sullivan & David D. Leshner / RETD Nancy Luque, RETD Raymond J. Coughlan, RETD Harold C. Trimmer / RETD Eugene G. Iredale / RETD Frank J. Polek for Robert D. Rose) (acr) (Entered: 08/24/2009)
08/21/2009232 Minute Entry for proceedings held before Magistrate Judge Anthony J. Battaglia: Arraignment on Superseding Indictment as to Western Titanium, Inc. (1) Count 1s,2s-64s and Daniel Schroeder (2) Count 1s,2s-64s and Brian Misak (3) Count 1s,2s-64s and John Cotner (4) Count 1s,2s-64s and Cheem Ang (5) Count 1s,2s-64s held on 8/21/2009. Governments Oral Motion to Unseal Superseding Indictment - Granted. Not Guilty pleas entered. Court confirms the following dates before Judge Sammartino: MH/TS set for 8/31/2009 at 9:00 AM & Jury Trial set for 10/5/2009 at 9:00 AM. Defendant #2, Daniel Schroeder, oral request to remove curfew as a condition of bail - granted. (Tape #AJB09-1:1420-1425). (Plaintiff Attorney AUSA Stacy Sullivan). (Defendant Attorney Nancy Luque for Deft. 1; Sara McGann for Dft. 2; Jerry Couglin for Dft. 3; Eugene Iredale fir Dft. 4; Frank Polek (S/A) for Dft. 5). (leh) (Entered: 08/25/2009)
08/25/2009233 ORDER Vacating 8/31/09 Motion Hearing and Setting Status Conference as to all Defendants: The Court will hold a Status Conference regarding pending motions on 9/17/2009 at 04:00 PM in Courtroom 06 before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 8/25/09. (All non-registered users served via U.S. Mail Service).(mkz) (Entered: 08/25/2009)
08/25/2009234  MOTION to Dismiss Counts 4, 10, 11-47, 54 and 55 by John Cotner. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Iredale, Eugene) (mkz). (Entered: 08/25/2009)
08/27/2009235  MOTION for Joinder in Cotner's Motion to Dismiss Counts 4, 10, 11-47, 54 and 55 [Doc. No. 234] by Brian Misak. (Trimmer, Harold) (mkz). (Entered: 08/27/2009)
08/27/2009236 SUPPLEMENTAL DOCUMENT by John Cotner re 234 MOTION to Dismiss Counts 4, 10, 11-47, 54 and 55 Errata to Motion to Dismiss Counts 4, 10, 11-47, 54 and 55 (Attachments: # 1 Proof of Service)(Iredale, Eugene) (mkz). (Entered: 08/27/2009)
09/01/2009237  MOTION for Joinder in Cotner's Motion to Dismiss Counts 4, 10, 11-47, 54, and 55 (Doc. 234) by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities)(Luque, Nancy) (mkz). (Entered: 09/01/2009)
09/02/2009238  MOTION for Joinder and Joinder in Defendant John Cotner's Motion to Dismiss Counts 4, 10, 11-47, 54 and 55 [DOC 234] by Cheem Ang. (Attachments: # 1 Proof of Service)(Polek, Frank) (mkz). (Entered: 09/02/2009)
09/03/2009239  MOTION to Vacate Deadlines With Respect to Pretrial Motions and Motions in Limine by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc.. (Luque, Nancy) (mjj) (Entered: 09/03/2009)
09/15/2009240 ORDER of USCA as to Western Titanium, Inc., Daniel Schroeder re 114 Notice of Appeal (Interlocutory) and USCA Case No. 09-71356. Appellants' Motion to Supplement the Record to include a Motion to Disqualify is denied. (akr) (Entered: 09/15/2009)
09/17/2009241 Minute Entry for proceedings held before Judge Janis L. Sammartino : Dates for Motions In Limine on 9/25/2009 and Jury Trial on 10/5/2009 are vacated. Hearing on Motion to Dismiss set for 10/21/2009 at 2:00 PM before Judge Janis L. Sammartino. Court grants defendants' oral request to efile Reply to Govt's Opposition by 10/13/2009. Defendant Titanium & Schroeder's Briefs re Privileged Documents to be efiled by 9/25/2009; Govt's Response by 10/5/2009. Due to Ms. Luque's out of district travel, and time permitting, Court will address the privilege issue following the motion to dismiss (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Stacey H. Sullivan & David D. Leshner / RETD Nancy Luque, RETD Raymond J. Coughlan & Harold C. Trimmer, RETD Eugene G. Iredale, RETD Robert D. Rose & Frank James Polek) (acr) Modified on 10/6/2009 (acr) (Entered: 09/18/2009)
09/25/2009242 ORDER Denying Plaintiff's 194 Motion to Disqualify Counsel without Prejudice. Signed by Judge Janis L. Sammartino on 9/25/09.(All non-registered users served via U.S. Mail Service).(mkz) (Entered: 09/25/2009)
09/28/2009243 SUPPLEMENTAL MEMORANDUM Regarding Provision of Additional Informaiton With Respect to Privilege Determinations by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Proof of Service)(Kleven McGann, Sarah) (mkz). (Entered: 09/28/2009)
10/05/2009244 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc. re 234 MOTION to Dismiss Counts 4, 10, 11-47, 54 and 55 (Attachments: # 1 Declaration)(Leshner, David) (mkz). (Entered: 10/05/2009)
10/05/2009245 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc. re 243 Memorandum to Suspend Review of Docs, to Obtain Evidentiary Hearing and to Suppress Use of Same Second Supplemental Response (Sullivan, Stacey) Modified on 10/6/2009 (mkz). (Entered: 10/05/2009)
10/06/2009246  MOTION to Modify Conditions of Release To Allow Travel Outside of District October 8-11 by Daniel Schroeder. (Kleven McGann, Sarah) (mkz). (Entered: 10/06/2009)
10/06/2009247 ORDER Granting 246 Consent Motion to Modify Conditions of Pretrial Release to Allow Travel Outside of District October 8-11, 2009 as to Daniel Schroeder. Signed by Judge Janis L. Sammartino on 10/6/09. (All non-registered users served via U.S. Mail Service) (mkz) (Entered: 10/07/2009)
10/08/2009248  MOTION for Leave to File Reply Memorandum by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc.. (Attachments: # 1 Memo of Points and Authorities)(Luque, Nancy) (mkz). (Entered: 10/08/2009)
10/09/2009249 ORDER Granting 248 Leave to File Reply to Government's Memorandum: Western Titanium, Inc. and Daniel Schroeder may file the requested reply brief by 10/14/09. Signed by Judge Janis L. Sammartino on 10/9/09.(All non-registered users served via U.S. Mail Service).(mkz) (Entered: 10/09/2009)
10/13/2009250 REPLY TO RESPONSE to Motion by Western Titanium, Inc., Daniel Schroeder, John Cotner as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc. re 234 MOTION to Dismiss Counts 4, 10, 11-47, 54 and 55, 237 MOTION for Joinder in Cotner's Motion to Dismiss Counts 4, 10, 11-47, 54, and 55 (Doc. 234) (Attachments: # 1 Exhibit A, # 2 Proof of Service)(Luque, Nancy) (mkz). (Entered: 10/13/2009)
10/14/2009251 REPLY TO RESPONSE to Motion by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc. re 57 MOTION for Return of Property/PreTrial to Suspend Review of Docs, to Obtain Evidentiary Hearing and to Suppress Use of Same (Attachments: # 1 Proof of Service)(Luque, Nancy) (mkz). (Entered: 10/14/2009)
10/16/2009252 Joint MOTION to Modify Conditions of Release by Brian Misak as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc.. (Trimmer, Harold) (mkz). (Entered: 10/16/2009)
10/16/2009253 ORDER Granting 252 Joint Motion to Modify Defendant Brian Misak's Conditions of Pretrial Release. Signed by Judge Janis L. Sammartino on 10/16/09.(All non-registered users served via U.S. Mail Service)(mkz) (Entered: 10/16/2009)
10/19/2009254 Notice of Document Discrepancy by Judge Janis L. Sammartino Accepting Document: Motion to File Exhibits A, 1, and B Under Seal from Western Titanium, Inc., Daniel Schroeder. Non-compliance with local rule(s), Civ. L. Rule 7.1 or 47.1: Date noticed for hearing not in compliance with rules/documents are not timely, OTHER: Documents that are to be filed under seal must be accompanied by an order sealing them (LR 79.2c). IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. In the future, please provide proposed sealing order with the documents to be sealed. (leh) (Entered: 10/19/2009)
10/19/2009255 NOTICE of Motion and MOTION to File Exhibits Under Seal by Western Titanium, Inc., Daniel Schroeder. Nunc Pro Tunc to 10/15/2009. (leh) (Entered: 10/19/2009)
10/19/2009256 ORDER granting 255 Motion to File Exhibits Under Seal as to Western Titanium, Inc. (1), Daniel Schroeder (2). Western Titanium and Daniel Schroeder's Exhibits A, 1, and B to Reply Memorandum Regarding Provision of Information with Respect to Privilege Determination are hereby allowed to be filed under seal. Signed by Judge Janis L. Sammartino on 10/16/2009.(leh) (Entered: 10/19/2009)
10/20/2009258 PRO HAC VICE APPOINTED: Tillman Finley appearing for Defendants Western Titanium, Inc., Daniel Schroeder (All non-registered users served via U.S. Mail Service)(mkz) (Entered: 10/20/2009)
10/21/2009259 SUPPLEMENTAL DOCUMENT by John Cotner re 234 MOTION to Dismiss Counts 4, 10, 11-47, 54 and 55 Submission of Senate Judiciary Committee Report on S2892 (Wartime Enforcement of Fraud Act) (Attachments: # 1 Supplement, # 2 Proof of Service)(Iredale, Eugene) (mkz). (Entered: 10/21/2009)
10/21/2009260 Minute Entry for proceedings held before Judge Janis L. Sammartino : Govt not seeking to amend or dismiss Superseding Indictment against corporate defendant Mach II Metals; Mach II metals not yet arraigned on the Superseding Indictment. Defense counsel's oral request to modify bond conditions for John Cotner (4) is granted w/no objection by the Govt. Mr. Iredale to prepare joint motion and proposed order for bond modification by 10/30/2009 which shall include travel dates and destination(s). Co-defendants' motions to join John Cotner's (4) motion to dismiss 235 are granted and taken under submission. Hearing re privilege documents held and continued to 11/30/2009 9:00 AM as a Status / Evidentiary Motion Hearing before Judge Janis L. Sammartino. Govt's objection to the Court's proposal re privilege documents to be efiled by 10/30/2009; defense counsel's response by 11/6/2009; Govt's reply by 11/13/2009. Defendants w/no relation to the privilege documents are excused from this hearing (Court Reporter Mauralee Ramirez / CRD A Ramos / AUSA Stacey H. Sullvan & David D. Leshner / RETD Nancy Luque, Tillman Finley & Sarah E. Kleven McGann, RETD Harold C. Trimmer, RETD Eugene G. Iredale and RETD Robert D. Rose)(acr) (Entered: 10/22/2009)
10/26/2009261 NOTICE OF ATTORNEY APPEARANCE: Tillman Finley appearing for Western Titanium, Inc., Daniel Schroeder (Finley, Tillman) (mkz). (Entered: 10/26/2009)
10/30/2009262 RESPONSE to Motion by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc. re 57 MOTION for Return of Property/PreTrial to Suspend Review of Docs, to Obtain Evidentiary Hearing and to Suppress Use of Same Government's Memorandum Re Resolution of Privilege Issues Asserted by Defendants Western Titanium, Inc. and Daniel Schroeder (Sullivan, Stacey) (mkz). (Entered: 10/30/2009)
11/05/2009263 Joint MOTION for Order to Enlarge Bond by John Cotner. (Attachments: # 1 Exhibit A)(Iredale, Eugene) (mkz). (Entered: 11/05/2009)
11/05/2009264 Certificate of Service by John Cotner re 263 Joint MOTION for Order to Enlarge Bond (Iredale, Eugene) (mkz). (Entered: 11/05/2009)
11/05/2009265 Notice of Document Discrepancy and Order Thereon by Judge Janis L. Sammartino Accepting Document: 263 Stipulated Motion to Enlarge Bond and Order theron from John Cotner. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge Janis L. Sammartino on 11/5/09. (All non-registered users served via U.S. Mail Service)(mkz) (Entered: 11/05/2009)
11/05/2009266 ORDER Enlarging Conditions of Bond as to John Cotner: Defendant John Cotner is permitted to travel outside the United States between 12/27/09 and January 1/3/10, for a personal family obligation. Signed by Judge Janis L. Sammartino on 11/5/09.(All non-registered users served via U.S. Mail Service)(mkz) (Entered: 11/05/2009)
11/06/2009267 REPLY TO RESPONSE to Motion by Western Titanium, Inc., Daniel Schroeder re 57 MOTION for Return of Property/PreTrial Response to Government's Memorandum Regarding Resolution of Privilege Issues (Kleven McGann, Sarah) (mkz). (Entered: 11/06/2009)
11/13/2009288 REPLY TO RESPONSE to Motion by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc. re 57 MOTION for Return of Property/PreTrial to Suspend Review of Docs, to Obtain Evidentiary Hearing and to Suppress Use of Same (Attachments: # 1 Declaration)(Leshner, David) (mkz). (Entered: 11/13/2009)
11/20/2009293 ORDER Regarding Resolution of Privilege Issues and Continuing 11/30/09 Status Conference and Evidentiary Hearing: AUSA Sheppard's request to continue the 11/30/09 evidentiary hearing is granted. The Court will continue the matter until 01/20/10 at 9:00 AM. The hearing will begin as a Status conference as to all defendants and counsel and then will proceed to an evidentiary hearing on Defendant Western and Schroeders' motion for return of privileged documents. The 11/30/09 evidentiary hearing and status conference is vacated as to all defendants. On or before 12/7/09, Defendants shall file and provide AUSA Sheppard with a comprehensive privilege log as to any documents claimed to be privileged. On or before 01/11/2010, AUSA Sheppard shall file a brief with the Court, with copies to Defendants Western and Schroeder, identifying each document identified in the privilege log by the catagories listed in this Order. Signed by Judge Janis L. Sammartino on 11/20/09. (All non-registered users served via U.S. Mail Service)(mkz) (Entered: 11/20/2009)
11/24/2009294 ORDER Denying Defendants Western Titanium and Schroeders' Motion for Reconsideration of 293 Order Regarding Resolution of Privilege Issues and Continuing November 30, 2009 Status Conference and Evidentiary Hearing. Signed by Judge Janis L. Sammartino on 11/24/09. (All non-registered users served via U.S. Mail Service)(mkz) (Entered: 11/24/2009)
11/24/2009295  MOTION For Issuance of Order Permitting Rule 17(c) Subpoenas by Western Titanium, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Kleven McGann Declaration, # 3 Proof of Service)(Kleven McGann, Sarah) Modified on 11/25/2009, atty contacted to refile memo p&a's w/ signature (mkz). (Entered: 11/24/2009)
11/24/2009297 Notice of Document Discrepancy by Judge Janis L. Sammartino Accepting Document: Motion for Reconsideration from Western Titanium, Inc., Daniel Schroeder. Non-compliance with local rule(s), Civ. L. Rule 7.1 or 47.1: Date noticed for hearing not in compliance with rules/documents are not timely, OTHER: All hearing dates for any motions shall be obtained from the CRD of the judge to whom the case is assigned.(Local Crim. Rule 47.1(a)). IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by chambers of Judge Janis L. Sammartino on 11/24/09. (All non-registered users served via U.S. Mail Service)(mkz) (Entered: 11/25/2009)
11/24/2009298 ORDER granting 296 Sealed Motion as to Western Titanium, Inc. (1), Daniel Schroeder (2). Signed by Judge Janis L. Sammartino on 11/24/2009.(leh) (Entered: 11/25/2009)
11/25/2009302 ORDER Setting Briefing Schedule on Western Titanium's 295 Motion for Issuance of Order Permitting Rule 17(c) Subpoenas: Responses due by 12/3/2009, Replies due by 12/7/2009. The motion shall be scheduled for 12/9/2009 at 02:00 PM before Magistrate Judge Louisa S Porter. At this time, no oral argument shall be required or heard. Signed by Magistrate Judge Louisa S Porter on 11/25/09. (All non-registered users served via U.S. Mail Service)(mkz) (Entered: 11/25/2009)
12/03/2009308 NOTICE Refiling of Memorandum of Points and Authorities with Signature by Western Titanium, Inc., Daniel Schroeder re 295 MOTION For Issuance of Order Permitting Rule 17(c) Subpoenas MOTION For Issuance of Order Permitting Rule 17(c) Subpoenas (Kleven McGann, Sarah) (jpp). (Entered: 12/03/2009)
12/04/2009310  MOTION to Quash Subpoena Duces Tecum by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc.. (Sullivan, Stacey) (mkz). (Entered: 12/04/2009)
12/07/2009312  MOTION for Joinder in Western Titanium's Motion for Order Permitting Rule 17(c) Subpoenas 295 by Brian Misak. (Trimmer, Harold) (asw). (Entered: 12/07/2009)
12/07/2009313 ORDER Extending Briefing Schedule on Western Titanium's Motion for Issuance of Order Permitting Rule 17(c) Subpoena: The Court construes the Government's 310 Motion to Quash the Subpoena Duces Tecum as an Opposition. A Reply, if any, shall be filed on or before December 14, 2009. The 295 Motion shall be scheduled for December 17, 2009 at 2:00 p.m. The Court finds it appropriate for decision on the papers. At this time, no oral argument shall be required or heard. Signed by Magistrate Judge Louisa S Porter on 12/7/09. (All non-registered users served via U.S. Mail Service)(pdc) (Entered: 12/08/2009)
12/09/2009314  MOTION to File Exhibits A-E Under Seal by Western Titanium, Inc., Daniel Schroeder. (leh) (Entered: 12/09/2009)
12/09/2009315 ORDER granting 314 Motion to File Exhibits A-E Under Seal as to Western Titanium, Inc. (1), Daniel Schroeder (2). Signed by Judge Janis L. Sammartino on 12/8/2009.(leh) (Entered: 12/09/2009)
12/14/2009317 REPLY TO RESPONSE by Western Titanium, Inc. re 295 MOTION For Issuance of Order Permitting Rule 17(c) Subpoenas (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Kleven McGann, Sarah) (mkz). (Entered: 12/14/2009)
12/18/2009318 ORDER Denying without Prejudice Western Titanium's 295 Motion for Issuance of Order Permitting Rule 17(c) subpoenas. Signed by Magistrate Judge Louisa S Porter on 12/18/09.(All non-registered users served via U.S. Mail Service)(mkz) (Entered: 12/21/2009)
12/21/2009319  MOTION to File Government's Opposition to Defendant's Motion to Quash Grand Jury Subpoenas and Suppress Evidence Under Seal by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc.. (leh) (Entered: 12/21/2009)
12/21/2009320 ORDER granting 319 Motion to File Government's Opposition to Defendant's Motion to Quash Grand Jury Subpoenas and Suppress Evidence Under Seal as to Western Titanium, Inc. (1), Daniel Schroeder (2), Brian Misak (3), John Cotner (4), Cheem Ang (5), Mach 2 Metals, Inc. (6). Signed by Judge Janis L. Sammartino on 12/18/09.(leh) (Entered: 12/21/2009)
12/23/2009322  MOTION for Reconsideration re 318 Order on Motion for Joinder, Order on Motion for Miscellaneous Relief, Order on Motion to Quash Motion for Issuance of Order Permitting Rule 17(c) Subpoenas by Western Titanium, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Kleven McGann)(Kleven McGann, Sarah). Modified on 12/24/2009 (tkl). Emailed atty. Incorrect pdf attached. (Entered: 12/23/2009)
12/30/2009326 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc. re 322 MOTION for Reconsideration re 318 Order on Motion for Joinder, Order on Motion for Miscellaneous Relief, Order on Motion to Quash Motion for Issuance of Order Permitting Rule 17(c) Subpoenas (Sullivan, Stacey) (mkz). (Entered: 12/30/2009)
01/05/2010327 REPLY TO RESPONSE to Motion by Western Titanium, Inc. re 322 MOTION for Reconsideration re 318 Order on Motion for Joinder, Order on Motion for Miscellaneous Relief, Order on Motion to Quash Motion for Issuance of Order Permitting Rule 17(c) Subpoenas (Attachments: # 1 Declaration Kleven McGann Declaration)(Kleven McGann, Sarah) (mkz). (Entered: 01/05/2010)
01/05/2010328 ORDER Regarding Western Titanium's 322 Motion for Reconsideration of Order on Motion for Issuance of Order Permitting Rule 17(c) Subpoenas: Upon review of Defendant Western Titanium's Motion, the court shall interpret the Motion for Reconsideration of Order on Motion for Issuance of Order Permitting Rule 17(c) Subpoenas as a new Motion for Issuance of Order Permitting Rule 17(c) Subpoenas. If based upon the Court's interpretation the Government's position has changed, the Government shall file a revised Response in Opposition on or before 1/8/10. Signed by Magistrate Judge Louisa S Porter on 1/5/10. (All non-registered users served via U.S. Mail Service)(mkz) (Entered: 01/06/2010)
01/19/2010332 Joint MOTION to Modify Conditions of Release by Brian Misak. (Trimmer, Harold) (mkz). (Entered: 01/19/2010)
01/20/2010333 ORDER Granting 332 Joint Motion to Modify Defendant Brian Misak's Conditions of Pretrial Release. Signed by Judge Janis L. Sammartino on 1/20/10.(All non-registered users served via U.S. Mail Service)(mkz) (Entered: 01/20/2010)
01/20/2010334 Minute Entry for proceedings held before Judge Janis L. Sammartino : Status Hearing as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc re Superseding Indictment and trial dates set for 2/26/2010 03:00 PM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Stacy H. Sullivan & David Leshner / RETD Nancy Luque, RETD Raymond J. Coughlan, Jr., & Harold Trimmer, RETD Eugene G. Iredale, and RETD Frank Polek) (acr) (Entered: 01/20/2010)
01/20/2010335 Minute Entry for proceedings held before Judge Janis L. Sammartino: Evidentiary Hearing (1st Day) regarding privileged documents held on 1/20/2010; exhibits marked and received; witnesses sworn. Evidentiary Hearing continued to 2/1/2010 02:00 PM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Fred Sheppard / RETD Tillman Finley)(smv) Modified on 2/8/2010 to correct docket entry (acr) (Entered: 01/21/2010)
01/22/2010336 ORDER Denying Western Titanium's 322 Motion for Issuance of Order Permitting Rule 17(c) Subpoenas. Signed by Magistrate Judge Louisa S Porter on 1/22/10.(mkz) (Entered: 01/22/2010)
01/22/2010337 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) of Proceedings as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang held on 10/21/09, before Judge Janis L. Sammartino. Court Reporter/Transcriber Mauralee A. Ramirez. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 2/12/2010. Redacted Transcript Deadline set for 2/22/2010. Release of Transcript Restriction set for 4/22/2010. (asw) (Entered: 01/25/2010)
01/28/2010342 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Status Conference) as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc. held on 9/17/2009, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Gayle Wakefield. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 2/18/2010. Redacted Transcript Deadline set for 3/1/2010. Release of Transcript Restriction set for 4/28/2010. (All non-registered users served via U.S. Mail Service. NEF only served) (cap) (Entered: 01/29/2010)
01/31/2010343  MOTION Relief from Discovery Costs by Western Titanium, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C)(Kleven McGann, Sarah) (mkz). (Entered: 01/31/2010)
02/01/2010344 Minute Entry for proceedings held before Judge Janis L. Sammartino: Evidentiary Hearing (2nd Day) re priviledged documents as to Western Titanium, Inc. and Daniel Schroeder held on 2/1/2010. Exhibits marked; Witnesses sworn. Evidentiary Hearing continued to 2/2/2010 09:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD B Borja / AUSA Fred Sheppard RETD Nancy Luque and Tilman Finley)(bjb) Modified on 2/8/2010 to correct docket entry (acr) (Entered: 02/02/2010)
02/02/2010345 NOTICE OF HEARING as to Defendant Daniel Schroeder. Bond Revocation Hearing set for 2/2/2010 01:30 PM in Courtroom A before Magistrate Judge Anthony J. Battaglia. (ymm) (Entered: 02/02/2010)
02/02/2010346 NOTICE OF HEARING as to Defendants Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc.. Evidentiary Hearing set for 2/3/2010 09:00 AM in Courtroom 06 before Judge Janis L. Sammartino. (bjb) (Entered: 02/02/2010)
02/02/2010347 Pretrial Services Request for Warrant or Summons for Offender under Pretrial Release and Order thereon in case as to Daniel Schroeder. Signed by Magistrate Judge Anthony J. Battaglia on 2/2/10. (mkz) (Entered: 02/02/2010)
02/02/2010348 Minute Entry for proceedings held before Judge Janis L. Sammartino : Evidentiary Hearing (3rd Day) re priviledge documents as to Western Titanium, Inc., and Daniel Schroeder held on 2/2/2010. Evidentiary Hearing continued to 2/8/2010 09:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD B Borja / AUSA Fred Sheppard / RETD Nancy Luque and Tillman Finley)(bjb) Modified on 2/8/2010 to correct docket entry (acr) (Entered: 02/02/2010)
02/02/2010349 Minute Entry for proceedings held before Magistrate Judge Anthony J. Battaglia: Bond Revocation Hearing as to Daniel Schroeder held on 2/2/2010, Defendant arraigned on OSC re pretrial release violation. Defendant admits to allegation #2 and denies allegation #1. Court finds defendant in violation of allegation #2 and holds allegation #1 in abeyance until further hearing. Court orders that the defendant enter and reside in a rehabilitation treatment for alcohol residence, under the direction of Pretrial Services by the end of this week. C/S/T - Daniel Schroeder. (Further Bond Revocation/Status Hearing set for 3/9/2010 01:30 PM in Courtroom A before Magistrate Judge Anthony J. Battaglia.) (Tape #AJB10-1:1336-1353). (Plaintiff Attorney Stacey H. Sullivan). (Defendant Attorney Nancy Luque). (ymm) (Entered: 02/03/2010)
02/03/2010350 ORDER of Referral to Magistrate Judge: The Court hereby refers the 343 Motion for Relief from Discovery Costs to Magistrate Judge Battaglia for determination. Signed by Judge Janis L. Sammartino on 2/3/10. (All non-registered users served via U.S. Mail Service)(mkz) (Entered: 02/03/2010)
02/04/2010351 ORDER Setting Briefing Schedule for 343 Motion for Relief from Discovery Costs: Responses due by 2/12/2010, Replies due by 2/19/2010. A Motion Hearing will be held on 3/5/2010 at 10:00 AM in Courtroom A before Magistrate Judge Anthony J. Battaglia. Signed by Magistrate Judge Anthony J. Battaglia on 2/4/10. (All non-registered users served via U.S. Mail Service)(mkz) (Entered: 02/04/2010)
02/08/2010352 Minute Entry for proceedings held before Judge Janis L. Sammartino : Evidentiary Hearing (3rd Day) re priviledged documents as to Western Titanium, Inc. and Daniel Schroeder not held. Evidentiary Hearing reset for 3/1/2010 09:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Fred Sheppard / RETD Nancy Luque) (acr) (Entered: 02/08/2010)
02/09/2010353 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Status) as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang held on 8/21/2009, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Gayle Wakefield. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/2/2010. Redacted Transcript Deadline set for 3/12/2010. Release of Transcript Restriction set for 5/10/2010. (All non-registered users served via U.S. Mail Service. Notice of electronic filing only.) (akr) (Entered: 02/09/2010)
02/10/2010354 MANDATE of USCA dismissing the interlocutory appeal as to Western Titanium, Inc., Daniel Schroeder re 114 Notice of Appeal (Interlocutory) and denying the mandamus petition as to Western Titanium, Inc. Mandate issued by USCA on 10/7/2009. (akr) (Entered: 02/11/2010)
02/12/2010355 RESPONSE to Motion by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc. re 343 MOTION Relief from Discovery Costs (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Declaration of Susan Schneider, # 4 Exhibit A, # 5 Exhibit B)(Leshner, David) (mkz). (Entered: 02/12/2010)
02/19/2010356 REPLY TO RESPONSE to Motion by Western Titanium, Inc., Daniel Schroeder re 343 MOTION Relief from Discovery Costs (Attachments: # 1 Declaration Kleven McGann)(Kleven McGann, Sarah) (mkz). (Entered: 02/19/2010)
02/23/2010357 SECOND SUPERSEDING INDICTMENT as to Western Titanium, Inc. (1) count(s) 1ss, 2ss-6ss, 7ss-14ss, 15ss-18ss, 19ss, Daniel Schroeder (2) count(s) 1ss, 2ss-6ss, 7ss-14ss, 15ss-18ss, 19ss, Brian Misak (3) count(s) 1ss, 5ss-6ss, 8ss-14ss, 16ss-18ss, 19ss, John Cotner (4) count(s) 1ss, 2ss-6ss, 7ss, 15ss, Cheem Ang (5) count(s) 1ss, 2ss-6ss, 7ss-14ss, 15ss-18ss, 19ss, Mach 2 Metals, Inc. (6) count(s) 1s, 11s, 18s, Integrated Titanuim Group I (7) count(s) 1, Integrated Titanium Group II (8) count(s) 1. (mkz) (Entered: 02/24/2010)
02/25/2010358  MOTION Waive Appearance of Daniel Schroeder at February 26, 2010 Status Hearing by Daniel Schroeder. (Attachments: # 1 Exhibit A)(Kleven McGann, Sarah) (mkz). (Entered: 02/25/2010)
02/25/2010359 NOTICE OF HEARING as to Defendants Western Titanium, Inc., Daniel Schroeder : Status Hearing re attorney-client issue set for 2/25/2010 03:00 PM before Judge Janis L. Sammartino (acr) (Entered: 02/25/2010)
02/25/2010360 NOTICE OF HEARING as to Defendants Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II : Status Hearing re arraignment on the 2nd Superseding Indictment and dates for motions/motions in limine and jury trial advanced from 3:00 PM to 2:00 PM on 2/26/2010 before Judge Janis L. Sammartino (acr) (Entered: 02/25/2010)
02/25/2010361 ORDER Granting Daniel Schroeder's 358 Motion to Waive Appearance of Daniel Schroeder at 2/26/10 Status Hearing. Signed by Judge Janis L. Sammartino on 2/25/10.(All non-registered users served via U.S. Mail Service)(mkz) (Entered: 02/26/2010)
02/25/2010363 Minute Entry for proceedings held before Judge Janis L. Sammartino : Status Hearing as to Western Titanium, Inc., Daniel Schroeder held on 2/25/2010. Matter continued to 2/26/2010 at 2:00 PM (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Fred Sheppard & Richard Tolles / RETD Sarah E. Kleven McGann & Daniel Marino - telephonic appearance) (acr) (Entered: 02/26/2010)
02/26/2010362 NOTICE OF ATTORNEY APPEARANCE Melanie K Pierson appearing for USA. (Pierson, Melanie) (mkz). (Entered: 02/26/2010)
02/26/2010364 Ex Parte MOTION for Disclosure of Grand Jury Matter by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Leshner, David) (mkz). (Entered: 02/26/2010)
02/26/2010366 Minute Entry for proceedings held before Judge Janis L. Sammartino : Status Hearing as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II held on 2/26/2010. All parties are referred to the magistrate judge for arraignment of the 2nd Superseding Indictment and are ordered to meet and confer and submit to Judge Sammartino's chambers by 3/8/2010 before 5:00 PM a Proposed Case Management Plan. Status Hearing set for 3/12/2010 02:00 PM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Stacey H. Sullivan, Melanie Pierson and David Leshner / RETD Nancy Luque, RETD Raymond J. Coughlan, Jr. and Harold Trimmer / Julia Yoo s/a for RETD Eugene C. Iredale / RETD Bob Polek) (acr) (Entered: 03/01/2010)
02/26/2010367 Minute Entry for proceedings held before Judge Janis L. Sammartino : Status Hearing as to Western Titanium, Inc., Daniel Schroeder re attorney-client priviledge held. Evidentiary Hearing set for 3/1/2010 is off calendar and trailed to 3/12/2010 at 2:00 PM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Fred Sheppard & Richard Tolles / RETD Nancy Luque) (acr) (Entered: 03/01/2010)
02/26/2010368 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Arraignment on Second Superseding Indictment as to Brian Misak (3),John Cotner (4), and Cheem Ang (5) held on 2/26/2010 Not Guilty plea entered. (Tape #JMA10-14:34-14:37). (Attorney Stacy Sullivan, AUSA). (Defendant Attorney 3) Raymond Coughlan, RET; 4) Eugene G Iredale, RET; 5) Frank James Polek, RET). (gac) (Entered: 03/01/2010)
03/01/2010365 ORDER Authorizing Disclosure of Grand Jury Matter: The 364 Motion is granted. Signed by Judge Janis L. Sammartino on 3/1/10.(All non-registered users served via U.S. Mail Service)(mkz) (Entered: 03/01/2010)
03/02/2010369 ORDER Granting Motion to File Motion for Preliminary Rulings on Privilege and Work Product Documents and Proffer with Respect to Testimony of AUSA Fred Sheppard Under Seal. Signed by Judge Janis L. Sammartino on 3/2/10. (All non-registered users served via U.S. Mail Service)(mkz) (Entered: 03/02/2010)
03/02/2010370 Ex Parte MOTION for Protective Order by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Leshner, David) Modified on 3/3/2010 - This motion was ruled on (see Doc. # 371) prior to this motion's review. (mdc) (Entered: 03/02/2010)
03/02/2010371 PROTECTIVE ORDER RE DISCOVERY. Signed by Judge Janis L. Sammartino on 3/2/10.(All non-registered users served via U.S. Mail Service)(mkz) (Entered: 03/02/2010)
03/04/2010376 NOTICE OF HEARING as to Defendants Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. Arraignment on Second Superseding Indictment set for 3/5/2010 10:00 AM in Courtroom A before Magistrate Judge Anthony J. Battaglia. (ymm) (Entered: 03/04/2010)
03/05/2010377 ORDER granting in part and denying in part 343 Motion from Discovery Costs. Signed by Magistrate Judge Anthony J. Battaglia on 3/5/10.(All non-registered users served via U.S. Mail Service)(lao) (Entered: 03/05/2010)
03/05/2010378 Minute Entry for proceedings held before Magistrate Judge Anthony J. Battaglia:Arraignment on the Second Superseding Indictment as to Western Titanium, Inc. (1) Count 1ss,2ss-6ss,7ss-14ss,15ss-18ss,19ss and Daniel Schroeder (2) Count 1ss,2ss-6ss,7ss-14ss,15ss-18ss,19ss and Mach 2 Metals, Inc. (6) Count 1s,11s,18s,63-64 held on 3/5/2010, Not Guilty pleas entered as to each defendant, Motion Hearing as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc. held on 3/5/2010 re 343 MOTION Relief from Discovery Costs filed by Western Titanium, Inc., Court grants and denies in part 343 MOTION Relief from Discovery Costs filed by Western Titanium, Inc., Court to prepare order. Status hearing date of 03/12/10 @ 2pm before Judge Sammartino - Confirmed as to defendants Western Titanium, Inc., Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc. ( Status Hearing set for 3/12/2010 02:00 PM as to defendant Daniel Schroeder in Courtroom 06 before Judge Janis L. Sammartino.)(Tape #AJB10-1:1005-1022.)(Plaintiff Attorney Melanie K. Pierson AUSA, Stacey H. Sullivan AUSA).(Defendant Attorney Sarah Kleven McGann, (appearing for #01, #02 & #06), Raymond J. Coughlan, Jr., (appearing for #3), Frank J. Polek (appearing for #5)).(ymm) (Entered: 03/08/2010)
03/05/2010379 NOTICE of Waiver of Appearance at Arraignment for Second Superseding Indictment by Daniel Schroeder: Mr. Schroeder informs the Court that he has received a copy of the Indictment, pleads not guilty to all charges and requests a speedy trial. (mkz) (Entered: 03/08/2010)
03/08/2010380 JOINT STATUS REPORT by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Attachments: # 1 Exhibit Coughlan letter, # 2 Exhibit Rose letter)(Leshner, David) (mkz). (Entered: 03/08/2010)
03/08/2010381 Summons Returned Executed on 3/4/10 as to Integrated Titanuim Group I. Defendant to appear on 3/11/10 at 10:00 AM in Courtroom C before Magistrate Judge William McCurine, Jr. for Initial Appearance. (mkz) (Entered: 03/08/2010)
03/08/2010382 Summons Returned Executed on 3/4/10 as to Integrated Titanium Group II. Defendant to appear on 3/11/10 at 10:00 AM in Courtroom C before Magistrate Judge William McCurine, Jr. for Initial Appearance. (mkz) (Entered: 03/08/2010)
03/08/2010383 STATUS REPORT Regarding Privilege Issues by Western Titanium, Inc., Daniel Schroeder (Kleven McGann, Sarah) (mkz). (Entered: 03/08/2010)
03/09/2010384 Minute Entry for proceedings held before Magistrate Judge Anthony J. Battaglia: Bond Revocation Hearing as to Daniel Schroeder held on 3/9/2010. Status hearing re allegation #1 held. Court orders that the defendant is to participate in the outpatient twelve step program and individual counseling as directed by Pretrial Services. Allegation #1 held in obeyance until further order of the Court. Court confirms Status hearing date of 03/12/10 @ 2pm before Judge Sammartino. (Tape #AJB10-1:1401-1408). (Plaintiff Attorney Stacey H. Sullivan, Melanie K. Pearson). (Defendant Attorney Sara McGann s/a). (ymm) (Entered: 03/10/2010)
03/10/2010385 Bill of Particulars by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Pierson, Melanie) Modified on 3/11/2010 to term motion (mkz). (Entered: 03/10/2010)
03/11/2010386 Notice of Document Discrepancy and Order Thereon by Judge Janis L. Sammartino Accepting Document: 385 Bill of Particulars from USA. Non-compliance with local rule(s), ECF 2(f): Lacking proper signature. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge Janis L. Sammartino on 3/11/10. (mkz) (Entered: 03/11/2010)
03/11/2010388 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Attorney Lisa T. Schroeder specially appearing on behalf of defendants; Initial Appearance as to Integrated Titanuim Group I, Integrated Titanium Group II held on 3/11/2010, Arraignment as to Integrated Titanuim Group I (7) Count 1 and Integrated Titanium Group II (8) Count 1 of the Second Supseding Indictment held on 3/11/2010; Not Guilty plea entered; Status Hearing set for 3/12/10 at 2:00 p.m. before Judge Sammartino. (Tape #WMC10-10:15-10:16). (Plaintiff Attorney Melanie K. Pierson). (Defendant Attorney Lisa T. Schroeder s/a). (rab) (Entered: 03/12/2010)
03/12/2010387 NOTICE OF ATTORNEY APPEARANCE: Lisa Robin Schroeder appearing for Integrated Titanuim Group I, Integrated Titanium Group II (Schroeder, Lisa) (mkz). (Entered: 03/12/2010)
03/12/2010389 Minute Entry for proceedings held before Judge Janis L. Sammartino : Status Hearing as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II held on 3/12/2010. Motion Hearing (2 Days) set to begin on 7/26/2010 09:00 AM; Motion In Limine Hearing set for 10/6/2010 09:00 AM and Jury Trial (6-8 weeks) set to begin on 10/25/2010 09:00 AM before Judge Janis L. Sammartino. Motions and Motions In Limine shall be efiled 4 weeks before each hearing. Oppositions to Motions and Motions In Limine shall be efiled 2 weeks before each hearing. John Cotner's oral request to modify travel conditions is granted. Mr. Iredale shall prepare and email to chambers a proposed written order (Court Reporter Gayle Wakefield / CRD A Ramos / Melanie K. Pierson / RETD Nancy Luque / RETD Raymond J. Coughlan, Jr., RETD Eugene G. Iredale, RETD Robert D. Rose and RETD Lisa Schroeder)(acr) Modified on 3/16/2010 to correct motion hearing date of 7/26/2010 (acr) (Entered: 03/12/2010)
03/12/2010390 Minute Entry for proceedings held before Judge Janis L. Sammartino : Status Hearing as to Western Titanium, Inc., Daniel Schroeder re attorney-client priviledge trailed to 7/26/2010 at 9:00 AM (Court Reporter Gayle Wakefield / CRD A Ramos / RETD Nancy Luque / AUSA Richard Tolles & Fred Sheppard) (acr) (Entered: 03/12/2010)
03/19/2010394  MOTION To Allow Private Review of Bates Numbered Documents re 377 Order on Motion for Miscellaneous Relief by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Sarah Kleven McGann)(Kleven McGann, Sarah) (mkz). (Entered: 03/19/2010)
03/19/2010395 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 394 MOTION To Allow Private Review of Bates Numbered Documents re 377 Order on Motion for Miscellaneous Relief MOTION To Allow Private Review of Bates Numbered Documents re 377 Order on Motion for Miscellaneous Relief (Pierson, Melanie) (mkz). (Entered: 03/19/2010)
03/23/2010396 ORDER for Enlargement of Bond as to John Cotner: The conditions of bond are enlarged to permit defendant to travel to the States of Texas, Utah and Ohio for business purposes. Signed by Judge Janis L. Sammartino on 3/23/10. (mkz) (Entered: 03/23/2010)
03/24/2010399 ORDER granting Motion to File Reply in Support of Motion as to Western Titanium, Inc. (1), Daniel Schroeder (2). Signed by Judge Janis L. Sammartino on 3/22/2010.(leh) (Entered: 03/25/2010)
03/25/2010397  MOTION for Protective Order by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Stipulation of Stacey Sullivan, # 2 Stipulation of Sarah Kleven McGann)(Kleven McGann, Sarah) (mkz). (Entered: 03/25/2010)
04/01/2010403 NOTICE of Change of Firm Name of Attorneys for Defendants Western Titanium and Daniel Schroeder by Western Titanium, Inc., Daniel Schroeder (Kleven McGann, Sarah) (mkz). (Entered: 04/01/2010)
04/01/2010404 PROTECTIVE ORDER regarding Discovery from Third Parties. Signed by Magistrate Judge Louisa S Porter on 4/1/10.(mkz) (Entered: 04/01/2010)
04/02/2010405  MOTION to Dismiss by Western Titanium, Inc., Daniel Schroeder, John Cotner as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities)(Finley, Tillman) (mkz). (Entered: 04/02/2010)
04/05/2010406 NOTICE OF HEARING ON MOTION in case as to Defendants Western Titanium, Inc., Daniel Schroeder 394 MOTION To Allow Private Review of Bates Numbered Documents re 377 Order on Motion for Miscellaneous Relief MOTION To Allow Private Review of Bates Numbered Documents re 377 Order on Motion for Miscellaneous Relief : Motion Hearing set for 4/6/2010 03:00 PM in Courtroom A before Magistrate Judge Anthony J. Battaglia. (ymm) (Entered: 04/05/2010)
04/06/2010407  MOTION for Joinder in Western Titanium and John Cotner's Renewed Motion to Dismiss Doc No. 405 by Brian Misak. (Trimmer, Harold) (mkz). (Entered: 04/06/2010)
04/06/2010408  MOTION for Joinder in Defendants' Renewed Motion to Dismiss Based on Statute of Limitations DOC 405 by Cheem Ang. (Attachments: # 1 Proof of Service)(Polek, Frank) (mkz). (Entered: 04/06/2010)
04/06/2010410 Minute Entry for proceedings held before Magistrate Judge Anthony J. Battaglia: Motion Hearing as to Western Titanium, Inc., Daniel Schroeder held on 4/6/2010 re 394 MOTION To Allow Private Review of Bates Numbered Documents re 377 Order on Motion for Miscellaneous Relief, Court denies, without prejudice 394 MOTION To Allow Private Review of Bates Numbered Documents re 377 Order on Motion for Miscellaneous Relief filed by Western Titanium, Inc., Daniel Schroeder. Counsel to set up date and time to review documents in courtroom with chambers. (Tape #AJB10-1:1502-1513). (Plaintiff Attorney Melanie K. Pierson AUSA, Stacey H. Sullivan AUSA). (Defendant Attorney Sara McGann, Harold Trimmer s/a). (ymm) (Entered: 04/08/2010)
04/07/2010409 ORDER Denying 394 Discovery Motion. Signed by Magistrate Judge Anthony J. Battaglia on 4/7/10.(All non-registered users served via U.S. Mail Service)(mkz) (Entered: 04/07/2010)
04/13/2010411  MOTION for Handwriting Exemplars by USA as to Daniel Schroeder, Cheem Ang. (Pierson, Melanie) (mkz). (Entered: 04/13/2010)
04/29/2010414 Minute Entry of Magistrate Judge Anthony J. Battaglia: Miscellaneous Hearing as to Western Titanium, Inc., Daniel Schroeder held on 4/29/2010. Discovery review of documents by Counsel. (Tape #(n/a)). (ymm) Modified on 5/21/2010 (ymm). (Entered: 05/21/2010)
04/30/2010415 Minute Entry for proceedings of Magistrate Judge Anthony J. Battaglia: Miscellaneous Hearing as to Western Titanium, Inc., Daniel Schroeder held on 4/30/2010. Discovery review of documents by counsel. (Tape #(n/a)). (ymm) (Entered: 05/21/2010)
05/04/2010412 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 405 MOTION to Dismiss (Leshner, David) (mkz). (Entered: 05/04/2010)
05/19/2010418 Minute Entry for proceedings held before Magistrate Judge Anthony J. Battaglia: Miscellaneous Hearing re Discovery review of documents by counsel as to Western Titanium, Inc., Daniel Schroeder held on 5/19/2010. (Tape #(n/a)). (ymm) (Entered: 06/04/2010)
05/21/2010416  MOTION to Reset Hearing Date by USA as to Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Declaration)(mkz) (Entered: 05/24/2010)
05/26/2010417 Minute Entry of Magistrate Judge Anthony J. Battaglia: Miscellaneous Hearing re Discovery review of documents by counsel as to Western Titanium, Inc., Daniel Schroeder held on 5/26/2010. (Tape #(n/a)). (ymm) (Entered: 05/27/2010)
06/07/2010419 ORDER Granting Motion to File Under Seal Western Titanium, Inc. and Daniel Schroeder's Privilege and Work Product-Related Motion. Signed by Judge Janis L. Sammartino on 6/7/10. (All non-registered users served via U.S. Mail Service)(mkz) (Entered: 06/07/2010)
06/07/2010421 Notice of Document Discrepancy by Judge Janis L. Sammartino Accepting Document: Notice of Motion and Motion to File Under Seal Motion from Western Titanium, Inc., Daniel Schroeder. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, OTHER: No Proposed Sealing Order with Sealing Motion. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. (leh) (Entered: 06/08/2010)
06/07/2010422 NOTICE of Motion and Motion to File Under Seal Defendant's Privilege and Work Product-Related Motion by Western Titanium, Inc., Daniel Schroeder. Nunc Pro Tunc to 6/4/2010. (Ruled on by Doc. 419 ) (leh) (Entered: 06/08/2010)
06/11/2010425 Joint MOTION to Modify Conditions of Release to Allow Travel Outside of the District in June and July by Brian Misak. (Trimmer, Harold) (mkz). (Entered: 06/11/2010)
06/15/2010426 ORDER Granting 425 Joint Motion to Modify Defendant's Conditions of Pretrial Release as to Brian Misak: The Conditions of Pretrial Release are modified to allow Mr. Misak to travel to Virginia and North Carolina from 6/24/10-7/7/10. Signed by Judge Janis L. Sammartino on 6/15/10.(mkz) (Entered: 06/15/2010)
06/28/2010427  MOTION for Bill of Particulars Supplemental Bill of Particulars by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Rose, Robert) Modified on 6/29/2010, motion termed, amended motion filed as 435 (mkz). (Entered: 06/28/2010)
06/28/2010428  MOTION for Order Sealing Brian Misak's Motion to Dismiss and All Papers Filed in Support by Brian Misak. (Coughlan, Raymond) (mkz). (Entered: 06/28/2010)
06/28/2010429  MOTION to Dismiss Indictment Counts 2 through 6 of the Second Superseding Indictment for Duplicity by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Rose, Robert) (mkz). (Entered: 06/28/2010)
06/28/2010430  MOTION to Sever by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Rose, Robert) (mkz). (Entered: 06/28/2010)
06/28/2010431  MOTION for Handwriting Exemplars, MOTION for Hearing Re Potential Conflicts of Interest, MOTION for Finding of Privilege Waiver, MOTION to Produce Original Document, MOTION for Reciprocal Discovery by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Leshner, David) (mkz). (Entered: 06/28/2010)
06/28/2010432  MOTION for Order Sealing Defendant Ang's Motion to Suppress and All Documents Filed in Support thereof by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Rose, Robert) (mkz). (Entered: 06/28/2010)
06/28/2010433 DOCUMENT STRICKEN: MOTION to Suppress Evidence Seized Pursuant to Search Warrant by Cheem Ang (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Proof of Service)(Rose, Robert) (mkz). Modified on 7/1/2010 to strike per 449 Order(mkz). (Entered: 06/28/2010)
06/28/2010434  MOTION to Sever Defendant John Cotner by John Cotner. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Iredale, Eugene) (mkz). (Entered: 06/28/2010)
06/28/2010435 Amended MOTION for Bill of Particulars by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Rose, Robert) (mkz). (Entered: 06/28/2010)
06/28/2010436 Supplemental MOTION to Dismiss Count 5 Based on Statute of Limitations (Pretrial Motion No. 11) by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities)(Kleven McGann, Sarah) (mkz). (Entered: 06/28/2010)
06/28/2010437  MOTION to Dismiss Indictment For Selective Prosecution (Pretrial Motion No. 4) by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A-H)(Kleven McGann, Sarah) (mkz). (Entered: 06/28/2010)
06/28/2010438  MOTION to Suppress Evidence by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A-M, # 3 Declaration Kleven McGann)(Kleven McGann, Sarah) (mkz). (Entered: 06/28/2010)
06/28/2010439 MOTION Extend Time in Which To File Motions Challenging Expert Witness' Testimony (Pretrial Motion No. 10) by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A-K)(Kleven McGann, Sarah) Modified on 6/29/2010 to edit text(mkz). (Entered: 06/28/2010)
06/28/2010440  MOTION for Return of Property/PostTrial Unlawfully Seized on April 15, 2008 and Motion To Join Western Titanium and Daniel Schroeder Motion To Suppress Evidence, MOTION for Joinder by Mach 2 Metals, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A-D)(Kleven McGann, Sarah). (mkz). (mkz). (Entered: 06/28/2010)
06/28/2010441  MOTION for Joinder in Western Titanium's 437 Motion To Dismiss for Prosecutorial Misconduct (Pretrial Motion No. 6) by Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Kleven McGann)(Kleven McGann, Sarah) (mkz). (Entered: 06/28/2010)
06/28/2010460 MOTION to File Under Seal and Ex Parte Motion to Supress Personal Property Seized without a Warrant by Daniel Schroeder. (mkz) (mkz) (Entered: 07/01/2010)
06/29/2010442  MOTION to Dismiss Based on Prosecutorial Misconduct by Western Titanium, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Luque, # 3 Exhibit A-I)(Kleven McGann, Sarah)(mkz). (Entered: 06/29/2010)
06/29/2010443  MOTION to Dismiss Indictment for Post-Indictment Delay by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Exhibit)(Finley, Tillman) (mkz). (Entered: 06/29/2010)
06/30/2010445  MOTION to Exclude Testimony and Evidence Regarding Tests Conducted By teh Air Force Research Laboratory and Testimony Regarding the Requirements of Specification MIL-T-9046 (Pretrial Motion No. 9) by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A-G)(Kleven McGann, Sarah) (lmt). (Entered: 06/30/2010)
06/30/2010446  MOTION for Joinder in Co-Defendant Cheem Ang's Amended Motion for Bill of Particulars (Doc. 435) by Daniel Schroeder. (Kleven McGann, Sarah) (lmt). (Entered: 06/30/2010)
06/30/2010447  MOTION for Leave to File Excess Pages For Western Titanium, Inc.'s Motion To Dismiss for Prosecutorial Misconduct (Doc. 442) by Western Titanium, Inc.. (Kleven McGann, Sarah) (mkz). (Entered: 06/30/2010)
06/30/2010448  MOTION for Joinder and Joinder in Co-Defendants' Pre-Trial Motions by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Proof of Service)(Polek, Frank) (lmt). (Entered: 06/30/2010)
06/30/2010461 ORDER Denying 460 Motion to Seal as to Daniel Schroeder. Signed by Judge Janis L. Sammartino on 6/29/10.(mkz) (Entered: 07/01/2010)
07/01/2010449 Notice of Document Discrepancy and Order Thereon by Judge Janis L. Sammartino Rejecting Document: 433 Motion to Supress Evidence Seized Pursuant to Search Warrant from Cheem Ang. Non-compliance with local rule(s), OTHER: Documents sought to be filed under seal must be filed and served in paper format. See ECF Rule 2(j). IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Janis L. Sammartino on 7/1/2010. (mkz) (Entered: 07/01/2010)
07/01/2010450 ORDER Granting 447 Motion for Excess Pages for Western Titanium, Inc.'s 442 Motion to Dismiss for Prosecutorial Misconduct. Signed by Judge Janis L. Sammartino on 6/30/10.(mkz) (Entered: 07/01/2010)
07/01/2010451 ORDER finding as moot 432 Motion for Order as to Cheem Ang (5). Signed by Judge Janis L. Sammartino on 7/1/10.(mh) (Entered: 07/01/2010)
07/01/2010452 ORDER granting 448 Motion for Joinder. 439 MOTION for Extension of Time to File, 439 MOTION Extend Time in Which To File Motions Challenging Expert Witness' Testimony (Pretrial Motion No. 10), 442 MOTION to Dismiss Based on Prosecutorial Misconduct, 436 Supplemental MOTION to Dismiss Count 5 Based on Statute of Limitations (Pretrial Motion No. 11), 443 MOTION to Dismiss Indictment for Post-Indictment Delay, 437 MOTION to Dismiss Indictment For Selective Prosecution (Pretrial Motion No. 4), 441 MOTION for Joinder in Western Titanium's Motion To Dismiss for Prosecutorial Misconduct (Pretrial Motion No. 6), 438 MOTION to Suppress Evidence, 445 MOTION to Exclude Testimony and Evidence Regarding Tests Conducted By teh Air Force Research Laboratory and Testimony Regarding the Requirements of Specification MIL-T-9046 (Pretrial Motion No. 9) joined by Cheem Ang (5). as to Cheem Ang (5). Signed by Judge Janis L. Sammartino on July 1, 2010.(mh) (Entered: 07/01/2010)
07/01/2010453 ORDER Granting Defendants' 234 , 405 Motion to Dismiss and Renewed Motion to Dismiss Based on Statute of Limitations; and Dismissing Counts 2, 3, 4, 7, and 15 of the Second Superseding Indictment. Signed by Judge Janis L. Sammartino on 7/1/10. (mkz) (Entered: 07/01/2010)
07/01/2010456  MOTION for Extension of Time to File Motion To Dismiss Based on Prosecutorial Misconduct (Doc. 442) and Motion To Dismiss for Pre-Indictment Delay (Doc. 443) by Western Titanium, Inc., Daniel Schroeder. (Kleven McGann, Sarah) (lmt). (Entered: 07/01/2010)
07/02/2010464  MOTION for Joinder in Co-Defendants' Pretrial Motions by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Kleven McGann, Sarah)(lmt). (Entered: 07/02/2010)
07/02/2010465 ORDER Granting 464 Motion for Joinder in Co-Defendants' Pretrial Motions: 146 MOTION to Allow Additional Peremptory Challenges and for the Use of a Jury Questionnaire in Jury Selection, 147 MOTION to Produce Henthorn Material, 440 MOTION for Return of Property/PostTrial Unlawfully Seized on April 15, 2008 and Motion To Join Western Titanium and Daniel Schroeder Motion To Suppress Evidence, 440 MOTION for Joinder, 152 MOTION to Dismiss Indictment for Lack of Probable Cause, 153 MOTION to Suppress Evidence Seized Pursuant to Search Warrant, 446 MOTION for Joinder in Co-Defendant Cheem Ang's Amended Motion for Bill of Particulars (Doc. 435), 151 MOTION to Dismiss Indictment for Duplicity, 434 MOTION to Sever Defendant John Cotner joined by Western Titanium, Inc. (1); 147 MOTION to Produce Henthorn Material, 152 MOTION to Dismiss Indictment for Lack of Probable Cause, 434 MOTION to Sever Defendant John Cotner, 151 MOTION to Dismiss Indictment for Duplicity, 146 MOTION to Allow Additional Peremptory Challenges and for the Use of a Jury Questionnaire in Jury Selection, 153 MOTION to Suppress Evidence Seized Pursuant to Search Warrant joined by Daniel Schroeder (2), Mach 2 Metals, Inc. (6). as to Western Titanium, Inc. (1), Daniel Schroeder (2), Mach 2 Metals, Inc. (6). Signed by Judge Janis L. Sammartino on 7/2/10.(mkz) (Entered: 07/02/2010)
07/02/2010466  MOTION to Exclude Testimony and Evidence regarding Tests Conducted by the Air Force Research Laboratory and Regarding the Requirements of Specification MIL-T-9046 by Western Titanium, Inc., Daniel Schroeder. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A-I)(Kleven McGann, Sarah) (lmt). (Entered: 07/02/2010)
07/02/2010467  MOTION for Joinder in Co-Defendants' Motions by John Cotner. (Attachments: # 1 Proof of Service)(Iredale, Eugene) (lmt). (Entered: 07/02/2010)
07/06/2010468  MOTION for Extension of Time to File Motion To Exclude Testimony and Evidence regarding Tests Conducted by the Air Force Research Laboratory and regarding the Requirements of Specification MIL-T-9046 by Western Titanium, Inc., Daniel Schroeder. (Kleven McGann, Sarah) (lmt). (Entered: 07/06/2010)
07/06/2010469  MOTION for Extension of Time to File Motion to Suppress by Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities)(Finley, Tillman) (lmt). (Entered: 07/06/2010)
07/07/2010476 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Bond Revocation Hearing) as to Daniel Schroeder held on 3/9/2010, before Magistrate Judge Anthony J. Battaglia. Court Reporter/Transcriber: Echo Reporting. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 7/28/2010. Redacted Transcript Deadline set for 8/9/2010. Release of Transcript Restriction set for 10/5/2010. (akr) (Entered: 07/07/2010)
07/07/2010477  MOTION for Joinder in Co-Defendant Cheem Ang's Amended Motion for Supplemental Bill of Particulars by Western Titanium, Inc. as to Western Titanium, Inc., Mach 2 Metals, Inc.. (Kleven McGann, Sarah) (lmt). (Entered: 07/07/2010)
07/09/2010478  MOTION for Joinder in Co-Defendants' Motions by Brian Misak. (Trimmer, Harold) (lmt). (Entered: 07/09/2010)
07/09/2010479 NOTICE of Change of Address by Sarah E Kleven McGann (Kleven McGann, Sarah) (lmt). (Entered: 07/09/2010)
07/09/2010480  MOTION for Extension of Time to File Response and Opposition to Late Filed Documents by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Sullivan, Stacey) (lmt). (Entered: 07/09/2010)
07/12/2010481 RESPONSE in Opposition by Cheem Ang re 431 MOTION for Handwriting Exemplars MOTION for Hearing Re Potential Conflicts of Interest MOTION for Finding of Privilege Waiver MOTION to Produce Original Document MOTION for Reciprocal Discovery (Attachments: # 1 Declaration, # 2 Proof of Service)(Rose, Robert) (ag). (Entered: 07/12/2010)
07/12/2010482 ORDER granting 468 Motion for Extension of Time to File Revised Motion to Exclude Testimony and Evidence Regarding Tests Conducted by the Air Force Research Laboratory and Regarding the Requirements of Specification MIL-T-9046 as to Western Titanium, Inc. (1), Daniel Schroeder (2). Signed by Judge Janis L. Sammartino on 7/12/10.(All non-registered users served via U.S. Mail Service)(lmt) (av1). (Entered: 07/12/2010)
07/12/2010483 ORDER granting 480 Motion for Extension of Time to Respond to Defendants Western Titanium, Inc.'s (1) and Daniel Schroeder's (2) Late Motions: the filing date of the Government's Response and Opposition to the Motions to Dismiss for Prosecutorial Misconduct is extended to 7/13/10. The Government's Response in Opposition to Defendants' Motion to Exclude Testimony and Evidence Regarding Tests Conducted by the Air Force Research Laboratory and Testimony Regarding the Requirements of Specification Mil-T-9046 is extended to 7/14/10. Signed by Judge Janis L. Sammartino on 7/12/10.(All non-registered users served via U.S. Mail Service)(lmt) (av1). (Entered: 07/12/2010)
07/12/2010484 RESPONSE in Opposition by USA as to Western Titanium, Inc. re 436 Supplemental MOTION to Dismiss Count 5 Based on Statute of Limitations (Pretrial Motion No. 11) (Leshner, David) (ag). (Entered: 07/12/2010)
07/12/2010485 RESPONSE in Opposition by USA as to Cheem Ang re 432 MOTION for Order Sealing Defendant Ang's Motion to Suppress and All Documents Filed in Support thereof (Leshner, David) (ag) (Entered: 07/12/2010)
07/12/2010486 RESPONSE in Opposition by USA as to Cheem Ang re 430 MOTION to Sever (Leshner, David) (ag). (Entered: 07/12/2010)
07/12/2010487 RESPONSE in Opposition by USA as to John Cotner re 434 MOTION to Sever Defendant John Cotner (Leshner, David) (ag). (Entered: 07/12/2010)
07/12/2010488 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 437 MOTION to Dismiss Indictment For Selective Prosecution (Pretrial Motion No. 4) (Sullivan, Stacey) (lmt). (Entered: 07/12/2010)
07/12/2010489 RESPONSE in Opposition by Integrated Titanuim Group I, Integrated Titanium Group II re 431 MOTION for Handwriting Exemplars MOTION for Hearing Re Potential Conflicts of Interest MOTION for Finding of Privilege Waiver MOTION to Produce Original Document MOTION for Reciprocal Discovery (Attachments: # 1 Declaration Lisa Schroeder)(Schroeder, Lisa) (ag). (Entered: 07/12/2010)
07/12/2010490 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder re 439 MOTION for Extension of Time to File MOTION Extend Time in Which To File Motions Challenging Expert Witness' Testimony (Pretrial Motion No. 10) MOTION Extend Time in Which To File Motions Challenging Expert Witness' Testimony (Pretrial Motion No. 10) (Attachments: # 1 Exhibit A)(Pierson, Melanie) (ag). (Entered: 07/12/2010)
07/12/2010491 RESPONSE in Opposition by USA as to Daniel Schroeder, Cheem Ang re 427 MOTION for Bill of Particulars Supplemental Bill of Particulars (Pierson, Melanie) (ag). (Entered: 07/12/2010)
07/12/2010492 RESPONSE in Opposition by USA as to Cheem Ang re 429 MOTION to Dismiss Indictment Counts 2 through 6 of the Second Superseding Indictment for Duplicity (Pierson, Melanie) (ag). (Entered: 07/12/2010)
07/12/2010493 RESPONSE in Opposition by USA as to Brian Misak re 428 MOTION for Order Sealing Brian Misak's Motion to Dismiss and All Papers Filed in Support and Defendant Misak's Motion to Dismiss Indictment (Pierson, Melanie) (ag). (Entered: 07/12/2010)
07/12/2010494 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 442 MOTION to Dismiss Based on Prosecutorial Misconduct (Attachments: # 1 Exhibit A & B)(Sullivan, Stacey) (ag). (Entered: 07/12/2010)
07/12/2010495 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 443 MOTION to Dismiss Indictment for Post-Indictment Delay (Attachments: # 1 Exhibit A)(Sullivan, Stacey) (ag). (Entered: 07/12/2010)
07/12/2010496 RESPONSE in Opposition by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 431 MOTION for Handwriting Exemplars MOTION for Hearing Re Potential Conflicts of Interest MOTION for Finding of Privilege Waiver MOTION to Produce Original Document MOTION for Reciprocal Discovery and Cross-Motion to Supplement Motion to Suppress (Attachments: # 1 Exhibit)(Finley, Tillman) (ag). (Entered: 07/12/2010)
07/12/2010497  MOTION for Leave to File Excess Pages Re: Opposition to Government Pretrial Motions and Cross-Motion to Supplement Motion to Suppress by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Finley, Tillman) (ag). (Entered: 07/12/2010)
07/12/2010498 ORDER granting 456 Motion for Extension of Time to File Motion to Dismiss Based on Prosecutorial Misconduct and Motion to Dismiss for Pre-Indictment Delay. Signed by Judge Janis L. Sammartino on 7/12/10.(All non-registered users served via U.S. Mail Service)(lmt) (jcj). (Entered: 07/13/2010)
07/13/2010499 NOTICE of Filing of Opposition to Daniel Schroeder's Motion to Sever by USA (Leshner, David) (lmt). (Entered: 07/13/2010)
07/13/2010500 ORDER granting 497 Motion for Excess Pages for Western Titanium, Inc.'s (1) and Daniel Schroeder's (2) Opposition to June 28, 2010 Government Motions and Cross-Motion to Supplement Motion to Suppress. Signed by Judge Janis L. Sammartino on 7/13/10.(All non-registered users served via U.S. Mail Service)(lmt) (jcj). (Entered: 07/13/2010)
07/13/2010501 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 469 MOTION for Extension of Time to File Motion to Suppress (Pierson, Melanie)(lmt). (Entered: 07/13/2010)
07/14/2010509 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder re 466 MOTION to Exclude Testimony and Evidence regarding Tests Conducted by the Air Force Research Laboratory and Regarding the Requirements of Specification MIL-T-9046 (Attachments: # 1 Exhibit 1)(Sullivan, Stacey) (lmt). (Entered: 07/14/2010)
07/15/2010518 ORDER re: Resolution of Defendants Western Titanium, Inc. and Daniel Schroeder's Claims of Attorney-Client Privilege and Work Product: By separate sealed, ex parte Order this date, the Court has determined that certain documents seized from defendant Western Titanium, Inc.'s business premises are protected by the attorney-client privilege or the work product doctrine. A further hearing regarding the Government's claims that documents at issue were within the scope of previously issued Grand Jury subpoenas, that Defendants waived any privilege, and that the crime fraud exception applies is set for 7/28/10 at 9:00 AM. The prosecution team shall participate in this hearing. Signed by Judge Janis L. Sammartino on 7/15/10. (All non-registered users served via U.S. Mail Service)(lmt) (mam). (Entered: 07/15/2010)
07/16/2010519 NOTICE of Government's Response and Opposition to Defendant's Cross Motion to Supplement Motion to Suppress by USA (Attachments: # 1 Exhibit 1 & 2)(Sullivan, Stacey) (lmt). (Entered: 07/16/2010)
07/20/2010520 NOTICE of Joinder and Joinder in Co-Defendant Cheem Ang's Response and Opposition to the Government's Pre-Trial Motions by Brian Misak re 481 Response in Opposition, (Trimmer, Harold) (lmt). (Entered: 07/20/2010)
07/20/2010521  MOTION for Order Prioritizing Privilege, Work Product, and Taint Issues and Deferring Hearings on All Other Motions by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A, # 3 Exhibit B)(Finley, Tillman) (lmt). (Entered: 07/20/2010)
07/21/2010522 ORDER denying Western Titanium, Inc. and Daniel Schroeder's 521 Motion to Prioritize Privilege, Work Product, and Taint Issues and to Defer Hearings on All Other Motions. Signed by Judge Janis L. Sammartino on 7/21/10.(All non-registered users served via U.S. Mail Service)(lmt) (jcj). (Entered: 07/21/2010)
07/21/2010523  MOTION To Reschedule July 28 Hearing Regarding Privilege by Western Titanium, Inc., Daniel Schroeder. (Kleven McGann, Sarah) (QC Mailer sent re: filer does not match s/) (lmt). (Entered: 07/21/2010)
07/23/2010524 ORDER granting 523 Western Titanium, Inc.'s and Daniel Schroeder's Motion to Reschedule July 28 Hearing Regarding Privilege: The Hearing Regarding Privilege is advanced to 7/27/10 at 9:00 AM. Signed by Judge Janis L. Sammartino on 7/23/10.(All non-registered users served via U.S. Mail Service)(lmt)(mam). (Entered: 07/23/2010)
07/26/2010525 Minute Entry for proceedings held before Judge Janis L. Sammartino : Motion Hearing as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II held and continued to 7/27/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Melanie K. Pierson, Stacey H. Sullivan & David Leshner / RETD Nancy Luque, Tillman Finley, Sarah McGann, Raymond J. Coughlan, Harold Trimmer, Eugene G. Iredale, Robert D. Rose, Frank J. Polek and Lisa T. Schroeder) (acr) (Entered: 07/28/2010)
07/27/2010526 Minute Entry for proceedings held before Judge Janis L. Sammartino : The following motions have been heard and are taken under submission; Court to issue written order. Western Titanium, Inc. (1) & Daniel Schroeder (2) : Motion to Suppress Evidence 438 ; Motion to Dismiss the Indictment for Selective Prosecution 437 ; Motion to Dismiss for Post-Indictment Delay 443 ; Motion to Exclude Testimony and Evidence re tests conducted by the Air Force Research Laboratory and testimony re the Rquirements of Specification MIL-T-9046 445 & 466 ; Motion to Extend Time in which to File Motions Challenging Expert Witness Testimony 439 ; Supplemental Motion to Dismiss Count 5 Based on Statute of Limitations 436 . Western Titanium, Inc. (1) & Mach 2 Metals, Inc. (6) : Joinder in Cheem Ang's Amended Motion for Supplemental Bill of Particulars with additional authorities 477 . Western Titanium, Inc. (1) : Motion to Dismiss Based on Prosecutorial Misconduct 442 . Daniel Schroeder (2): Joinder in Western Titanium, Inc.'s Motion to Dismiss based on Prosecutorial Misconduct 441 ; Joinder in Cheem Ang's Amended Motion for Supplemental Bill of Particulars 446 ; Motion to Sever 459 ; Motion to Extend Time to File Motion to Suppress Personal Property Seized without a Warrant 469 . Brian Misak (3) : Motion to Dismiss (Grand Jury) 463 . John Cotner (4) : Motion to Sever 434 . Cheem Ang (5) : Motion for Supplemental Bill of Particulars 427 & 435 ; Motion to Dismiss Counts 2 through 6 of the Second Superseding Indictment for Duplicity 429 ; Motion to Sever 430 ; Motion to Suppress Evidence Seized Pursuant to Search Warrant 473 Mach 2 Metals, Inc. (6) : Rule 41 Motion to Return Property Unlawfully Seized on 4/15/2008 and Motion to Join Western Titanium and Schroeder's Motion to Suppress Evidence 440 . USA : Motion for Handwriting Exemplars (Schroeder & Ang) 411 ; Motion for Reciprocal Discovery and Expert Witness Disclosures 431 ; Motion for Handwriting Exemplars (Misak) 431 ; Motion for Production of Original Document 431 ; Motion for Finding of Privilege Waiver for Electronic Evidence 431 ; Motion for Inquiry into Potential Conflict of Interest of Nancy Luque 431 and Motion for Inquiry into Potential Conflict of Lisa Schroeder 431 . Evidentiary Hearing re Seized Documents set for 8/30/2010 & 8/31/2010 at 9:00 AM before Judge Janis L. Sammartino. If necessary, defense counsel shall prepare a proposed written order re use of electronic equipment in the courtroom 5 court days prior to the evidentiary hearing (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Melanie K. Pierson, Stacey H. Sullivan & David Leshner / RETD Nancy Luque, Tillman Finley, Sarah McGann, Raymond J. Coughlan, Jr., Harold Trimmer, Eugene G. Iredale, Julia Yoo, Robert D. Rose, Frank J. Polek & Lisa T. Schroeder) (acr) Modified on 7/28/2010 to remove restriction (acr) (Entered: 07/28/2010)
07/27/2010527 Minute Entry for proceedings held before Judge Janis L. Sammartino : Evidentiary Hearing re Privileged Documents as to Western Titanium, Inc. (1) & Daniel Schroeder (2) held; witnesses sworn; exhibit marked and received. Evidentiary Hearing re Privilege Documents continued to 8/9/2010 & 8/10/2010 at 9:00 AM before Judge Janis L. Sammartino. If necessary, defense counsel shall prepare and submit 5 days prior to the evidentiary hearing a proposed written order re courtroom use of electronic equipment (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Melanie K. Pierson, Stacy H. Sullivan & David Leshner / RETD Nancy Luque, Tillman Finley, Sarah McGann, Raymond J. Coughlan, Jr., Harold Trimmer, Eugene G. Iredale, Frank J. Polek, Robert D. Rose and Lisa T. Schroeder) (acr) (Entered: 07/28/2010)
07/28/2010528 EXHIBIT 2 WITHDRAWN RE: ORDER 536 - NOTICE of Lodgment of Exhibits 2 and 3 and Additional Authorities To July 26-27 Hearing by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 2, # 2 Exhibit 3)(Kleven McGann, Sarah) (lmt). Modified on 8/4/2010 to remove exhibit (lmt). (Entered: 07/28/2010)
07/29/2010529 DOCUMENT STRICKEN PER 538 ORDER - RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 445 MOTION to Exclude Testimony and Evidence Regarding Tests Conducted By teh Air Force Research Laboratory and Testimony Regarding the Requirements of Specification MIL-T-9046 (Pretrial Motion No. 9) MOTION to Exclude Testimony and Evidence Regarding Tests Conducted By teh Air Force Research Laboratory and Testimony Regarding the Requirements of Specification MIL-T-9046 (Pretrial Motion No. 9) Response to Defendants' Supplemental Authorities (Sullivan, Stacey) (lmt). Modified on 8/6/2010 to strike document (lmt). (Entered: 07/29/2010)
07/30/2010530  MOTION to Strike Government's Response to Western Titanium's Supplemental Authorities on the Admissibility of Expert Testimony Regarding MIL-T-9046 (Doc. 529) or in the alternative Motion for Leave to Respond to the Government's Brief by Western Titanium, Inc., Daniel Schroeder. (Kleven McGann, Sarah) (lmt). (Entered: 07/30/2010)
08/02/2010531  MOTION to Withdraw Document Exhibit 2 (Doc 528-1) to Notice of Lodgment of Exhibits 2 and 3 to July 26-27 Hearing by Western Titanium, Inc., Daniel Schroeder. (Kleven McGann, Sarah) (lmt). (Entered: 08/02/2010)
08/02/2010532  MOTION for Order Permitting Use of Electronic Equipment by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Finley, Tillman) (lmt). (Entered: 08/02/2010)
08/04/2010533 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II held on 7/26/2010, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Gayle Wakefield. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/25/2010. Redacted Transcript Deadline set for 9/7/2010. Release of Transcript Restriction set for 11/2/2010. (All non-registered users served via U.S. Mail Service. Notice of electronic filing only.) (akr) (Entered: 08/04/2010)
08/04/2010534 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II held on 7/27/2010, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Gayle Wakefield. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/25/2010. Redacted Transcript Deadline set for 9/7/2010. Release of Transcript Restriction set for 11/2/2010. (All non-registered users served via U.S. Mail Service. Notice of electronic filing only.) (akr) (Entered: 08/04/2010)
08/04/2010535 ORDER granting 532 Western Titanium, Inc. (1) and Daniel Schroeder's (2)Motion for Leave to Use Electronic Equipment during Hearing: Western may bring, set up, and use a projector and laptop computer in presenting evidence and argument at the evidentiary hearing regarding privileged documents to take place on 8/9/10 and 8/10/10. Signed by Judge Janis L. Sammartino on 8/4/10.(All non-registered users served via U.S. Mail Service)(cc USM)(lmt) (cap). (Entered: 08/04/2010)
08/04/2010536 ORDER granting 531 Western Titanium, Inc. (1) and Daniel Schroeder's (2)Motion to Withdraw Exhibit 2 of Notice of Lodgment of Exhibits 2 and 3. Signed by Judge Janis L. Sammartino on 8/4/10.(All non-registered users served via U.S. Mail Service)(lmt) (cap). (Entered: 08/04/2010)
08/06/2010537 ORDER denying 429 Defendant Ang's Motion to Dismiss Counts 2 through 6 of the Second Superseding Indictment for Duplicity; denying 430 Motion to Sever. Defendant Ang is granted leave to resubmit his motion should specific facts demonstrating an actual possibility of prejudice develop; granting 431 Government's Motion for Handwriting Exemplars; granting in part and denying in part 431 Government Motion for Inquiry into Potential Conflict of Interest of Lisa Schroeder; denying 431 Government's Motion for Inquiry into Potential Conflict of Interest of Nancy Luque; denying 431 Motion to Produce; granting 431 Government's Motion for Reciprocal Discovery and Expert Witness Disclosures. Defendants shall make a good faith effort to provide reciprocal discovery and expert witness disclosures by 9/24/10; denying 431 Government's Motion for Production of Original Documents; denying 431 Government's Motion for Finding Privilege Waiver for Electronic Evidence; denying 436 Defendants' Supplemental Motion Dismiss Count 5 Based on Statute of Limitations; denying 437 Defendants' Motion to Dismiss the Indictment for Selective Prosecution; denying 438 Defendants' Motion to Suppress Evidence. The Court will hold an evidentiary hearing with respect any documents specifically identified by Defendants in their motion as falling outside the scope of the search warrant on 8/30/10 at 9:00 a.m. The Government shall identify, by 8/20/10, which of those documents it intends to use at trial. The remaining documents shall be returned to the Defendants; granting 439 Defendants' Motion to Extend Time in Which to File Motions Challenging Expert Witnesses' Testimony. The motions in limine hearing in this case is set for 10/6/10, with motions being due on 9/8/10, 4 weeks prior. The Government shall make a good faith effort to provide all expert witness disclosure at least two weeks prior to that date, by 8/25/10; denying 440 Defendant Mach 2 Metals Rule 41 Motion to Return Property Unlawfully Seized on 4/15/08; denying 442 Defendant Western's Motion to Dismiss Based on Prosecutorial Misconduct; denying 443 Defendants' Motion to Dismiss for Post-Indictment Delay; denying 445 Defendants' Motion to Exclude Testimony and Evidence Regarding Tests Conducted by the Air Force Research Laboratory and Testimony Regarding the Requirements of Specification MIL-T-9046; denying 446 Motions for Bill of Particulars; granting 469 Defendant Schroeder's Motion to Extend Time to File Motion to Suppress Personal Property Seized Without a Warrant; denying 477 Motions for Bill of Particulars; granting 411 Goverment's Motion for Handwriting Exemplars; denying 441 Defendant Western's Motion to Dismiss Based on Prosecutorial Misconduct; denying 459 487 Motions for Severance; denying 463 ; denying 473 ; denying 491 Motion for Bill of Particulars. Signed by Judge Janis L. Sammartino on 8/6/10.(All non-registered users served via U.S. Mail Service)(lmt) Modified on 8/6/2010 to correct text (lmt). (Entered: 08/06/2010)
08/06/2010538 ORDER granting 530 Defendants' Motion to Strike Government's Response to Western Titanium's Supplemental Authorities on the Admissibility of Expert Testimony Regarding MIL-T-9046 or in the Alternative Motion for Leave to Respond to the Government's Briefing: The Clerk is directed to strike the document from the record. Signed by Judge Janis L. Sammartino on 8/6/10.(All non-registered users served via U.S. Mail Service)(lmt) (mam). (Entered: 08/06/2010)
08/09/2010539 Minute Entry for proceedings held before Judge Janis L. Sammartino : Evidentiary Hearing on Privilege Waiver Issue as to Western Titanium, Inc., and Daniel Schroeder held; CST Jennifer Feldman; exhibits identified. By 8/20/2010, parties shall submit 10-page bullet point brief on arguments and position on privilege waiver issue, including authorities if necessary. Matter to proceed for further Evidentiary Hearing on Privilege, Crime/Fraud Issue on 8/30/2010 at 9:00 AM before Judge Janis L. Sammartino. If necessary, parties shall submit 5 days prior to evidentiary hearing, a proposed order re electronic equipment use in the courtroom (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Stacey H. Sullivan & AUSA Melanie K. Pierson / RETD Tillman Finley, RETD Sarah McGann, RETD Robert Rose, RETD Harold Trimmer) (acr) (Entered: 08/11/2010)
08/12/2010540  MOTION to Allow Issuance of Subpoena by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Exhibit)(Pierson, Melanie) (lmt). Modified (to terminate) on 10/7/2010 (mh). (Entered: 08/12/2010)
08/13/2010541 Notice of Document Discrepancy and Order Thereon by Judge Janis L. Sammartino Accepting Document: Government's Notice and Motion for Rule 17 Subpoena from USA. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge Janis L. Sammartino on 8/13/10. (All non-registered users served via U.S. Mail Service)(lmt) (Entered: 08/13/2010)
08/13/2010542 ORDER Setting Hearing on Government's Motion for Rule 17 Subpoena: This Motion shall be heard on 8/30/2010 09:00 AM in Courtroom 06 before Judge Janis L. Sammartino. Any response or opposition is due by 8/20/2010. Signed by Judge Janis L. Sammartino on 8/13/10. (lmt) (cap). (Entered: 08/13/2010)
08/18/2010543  MOTION for Order Permitting Use of Electronic Equipment by Western Titanium, Inc., Daniel Schroeder. (Kleven McGann, Sarah) (lmt). (Entered: 08/18/2010)
08/20/2010544 SUPPLEMENTAL DOCUMENT by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II Government's Supplemental Brief on Defendants' Western Titanium and Daniel Schroeder's Waiver of Attorney-Client and/or Work-Product Privilege (Attachments: # 1 Exhibit 1-5)(Sullivan, Stacey) (lmt). (Entered: 08/20/2010)
08/20/2010545 RESPONSE in Opposition by Western Titanium, Inc. as to Western Titanium, Inc., Daniel Schroeder re 540 MOTION to Allow Issuance of Subpoena (Finley, Tillman) (lmt). (Entered: 08/20/2010)
08/20/2010546 SUPPLEMENTAL BRIEFING by Western Titanium, Inc., Daniel Schroeder on Government's Claims of Waiver of Attorney-Client Privilege and Work Product (Attachments: # 1 Exhibit A-F)(Finley, Tillman) (lmt). (Entered: 08/20/2010)
08/23/2010547 ORDER granting 543 Western Titanium Inc. and Daniel Schroeder's Motion for Leave to Use Electronic Equipment During Hearing: Western may bring, set up, and use a projector and laptop computer in presenting evidence and argument at the evidentiary hearing to take place on 8/30/10 and 8/31/10. Signed by Judge Janis L. Sammartino on 8/23/10.(CC: USM)(lmt) (cap). (Entered: 08/23/2010)
08/25/2010548  MOTION To Waive Appearance of Daniel Schroeder at August 30, 2010 Evidentiary Hearing by Daniel Schroeder. (Kleven McGann, Sarah) (lmt). (Entered: 08/25/2010)
08/26/2010549 ORDER granting 548 Daniel Schroeder's Motion to Waive Appearance of Daniel Schroeder at the 8/30/10 evidentiary hearing. Signed by Judge Janis L. Sammartino on 8/26/10.(lmt) (cap). (Entered: 08/26/2010)
08/30/2010561 Minute Entry for proceedings held before Judge Janis L. Sammartino : Evidentiary/Suppression Hearing as to Western Titanium, Inc., et al. held; witnesses sworn; exhibits marked and the matter is continued to 8/31/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Stacey H. Sullivan & AUSA Melanie K. Pierson / RETD Nancy Luque, Sarah McGann, Lisa Schroeder, Frank Pollek and Harold Trimmer) (acr) (Entered: 08/31/2010)
08/31/2010560  MOTION to compel handwriting exemplar by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities)(Pierson, Melanie) (lmt). (Entered: 08/31/2010)
08/31/2010565 Minute Entry for proceedings held before Judge Janis L. Sammartino : Evidentiary/Suppression Hearing (2nd Day) as to Western Titanium, Inc., et al., held. Cont'd testimony of Special Agent Dau. Motion for leave to file further motions are denied; Rule 17d Subpoena Motion is denied; defense counsel shall efile by 9/3/2010, an Opposition in Response to Govt's Motion to Compel Handwriting Exemplars. Matter to proceed for Motions In Limine Hearing currently set for 10/6/2010 at 9:00 AM and Jury Trial on 10/25/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Stacey H. Sullivan & Melanie K. Pierson / RETD Nancy Luque, Sara McGann, Harold Trimmer, Frank Pollek, Robert D. Rose and Lisa Schroeder) (acr) Modified on 9/2/2010 re minute entry filing date (acr) (Entered: 09/02/2010)
08/31/2010566 JOINT WITNESS LIST (Suppression Hearing) (acr) (Entered: 09/02/2010)
08/31/2010567 JOINT EXHIBIT LIST (Suppression Hearing) (acr) (Entered: 09/02/2010)
09/01/2010562 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 497 MOTION for Leave to File Excess Pages Re: Opposition to Government Pretrial Motions and Cross-Motion to Supplement Motion to Suppress Supplemental Brief by Government re: Documents Identified as Outside Scope of Warrant (Sullivan, Stacey) (lmt). (Entered: 09/01/2010)
09/03/2010568 SUPPLEMENTAL BRIEFING by Western Titanium, Inc., Daniel Schroeder Submission Describing Documents Seized Outside Scope of Search Warrant (Kleven McGann, Sarah) (lmt). (Entered: 09/03/2010)
09/03/2010569 RESPONSE in Opposition by Daniel Schroeder re 560 MOTION to compel handwriting exemplar (Attachments: # 1 Declaration Nancy Luque, # 2 Exhibit A)(Luque, Nancy) (lmt). (Entered: 09/03/2010)
09/08/2010570  MOTION to Exclude Statement Portions of Pre-Indictment Statement of Defendant Cheem Ang by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Rose, Robert) (lmt). (Entered: 09/08/2010)
09/08/2010571  MOTION to Exclude From Trial Evidence Regarding the Kepler Spacecraft by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Rose, Robert) (lmt). (Entered: 09/08/2010)
09/08/2010572  MOTION to Exclude from Trial Certain Prejudicial Terms and Phrases by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Rose, Robert) (lmt). (Entered: 09/08/2010)
09/08/2010573  MOTION to Exclude From Trial Evidence of Prior Similar Acts by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Rose, Robert) (lmt). (Entered: 09/08/2010)
09/08/2010574  MOTION to Prohibit the Prosecution from Commenting on a Defendant's Exercise of His Right Not to Testify, and Other Improper Argument by Brian Misak. (Attachments: # 1 Table of Exhibits, # 2 Exhibits 1-2)(Coughlan, Raymond) (lmt). (Entered: 09/08/2010)
09/08/2010575  MOTION to Prohibit Improper Argument in Opening Statement, and to Review Any Demonstrative Evidence to be Used in Opening Statement Before it is Used [Misak Motion in Limine No. 2] by Brian Misak. (Coughlan, Raymond) (lmt). (Entered: 09/08/2010)
09/08/2010576  MOTION to Exclude Irrelevant Evidence Relating to Companies not Mentioned in the Indictment [Misak Motion in Limine No. 3] by Brian Misak. (Attachments: # 1 Table of Exhibits, # 2 Exhibit 1, # 3 Exhibits 2-9)(Coughlan, Raymond) (lmt). (Entered: 09/08/2010)
09/08/2010577 In Limine MOTION to Exclude Irrelevant Third-Party Evidence by Brian Misak. (Attachments: # 1 Table of Exhibits, # 2 Exhibits 1-4)(Coughlan, Raymond) (lmt). (Entered: 09/08/2010)
09/08/2010578 In Limine MOTION to Exclude Hearsay Statements [Misak Motion in Limine No. 5] by Brian Misak. (Coughlan, Raymond) (lmt). (Entered: 09/08/2010)
09/08/2010579 In Limine MOTION for Order for Defense Witness Immunity for Rigoberto Perez [Misak Motion in Limine No. 6] by Brian Misak. (Attachments: # 1 Table of Exhibits, # 2 Exhibits 1-6)(Coughlan, Raymond) (lmt). (Entered: 09/08/2010)
09/08/2010580 In Limine MOTION to Allow Setting of Reasonable Time Limits, In Limine MOTION to Exclude Root Cause Report, In Limine MOTION to Exclude Evidence of Testing of Non-Western Titanium Material, In Limine MOTION to Exclude Testimony of Industry Practice, In Limine MOTION to Exclude Witnesses, In Limine MOTION to Preclude Speaking Objections, In Limine MOTION to Preclude Documents of Bodycote Letter, In Limine MOTION to Preclude Evidence of Boeing Reports and Powerpoint, In Limine MOTION to Prohibit Improper Objections During Testimony of Witness Aviano, In Limine MOTION to Admit Documents From Daniel Schroeder's Desk by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit 1-4)(Pierson, Melanie) (lmt). (Entered: 09/08/2010)
09/08/2010581  MOTION for Order Regarding Materials Subject to the Attorney-Client Privilege and/or Work Product Doctrine (Western Motion in Limine No. 1) by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A, # 3 Exhibit B)(Finley, Tillman) (lmt). (Entered: 09/08/2010)
09/08/2010582  MOTION to Prohibit Reference to Undisclosed and/or Legally Improper Theories of Fraud (Western Motion in Limine No. 2) by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A)(Finley, Tillman) (lmt). (Entered: 09/08/2010)
09/08/2010583  MOTION to Preclude Testimony That Is Speculative and/or Improper Lay Opinion Testimony (Western Motion in Limine No. 3) by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A, # 3 Exhibit B)(Finley, Tillman) (lmt). (Entered: 09/08/2010)
09/08/2010584  MOTION to Exclude Evidence from JPL, DCMA, Boeing, Western Titanium, Sierra Alloys (MIL 4) by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Sarah Kleven McGann, # 3 Exhibit to Declaration, # 4 Exhibit)(Kleven McGann, Sarah) (lmt). (Entered: 09/09/2010)
09/09/2010585  MOTION to Exclude Testimony of Experts that Does Not Satisfy FRE 702 or FRE 403 (MIL 5) by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit)(Kleven McGann, Sarah) (lmt). (Entered: 09/09/2010)
09/09/2010586  MOTION for Extension of Time to File Motion To Exclude Testimony of Experts that Does Not Satisfy FRE 702 and FRE 403 (Doc. 585) and Motion To Exclude Evidence from DCMA, JPL, Boeing, Western Titanium, and Sierra Alloys (Doc. 584) by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Kleven McGann, Sarah) (lmt). (Entered: 09/09/2010)
09/09/2010587  MOTION for Joinder in Defendant Ang's Motions in Limine by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Kleven McGann, Sarah) (lmt). (Entered: 09/09/2010)
09/09/2010588  MOTION for Joinder in Defendant Misak's Motions in Limine by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. (Kleven McGann, Sarah) (lmt). (Entered: 09/09/2010)
09/09/2010589  MOTION for Joinder and Joinder in Co-Defendants' Motions in Limine by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Proof of Service)(Polek, Frank) (lmt). (Entered: 09/09/2010)
09/10/2010590 ORDER granting 586 Western Titanium, Inc.'s, Daniel Schroeder's, and Mach 2 Metals, Inc.'s Motion for Extension of Time to File Motion to Exclude Expert Testimony that does not satisfy FRE 702 and FRE 403 and motion to exclude evidence from JPL, DCMA, Boeing, Western Titanium, and Sierra Alloys: The Government shall have one additional day to file its response to these motions. Signed by Judge Janis L. Sammartino on 9/10/10.(lmt)(cap). (Entered: 09/10/2010)
09/10/2010591 ORDER granting 588 Western Titanium, Inc., Daniel Schroeder, and Mach 2 Metals' Motion for Joinder: Western Titanium Inc., Daniel Schroeder, and Mach 2 Metals' Motion To Join Defendant Misak's Motions In Limine is hereby Granted. Signed by Judge Janis L. Sammartino on 9/10/10.(lmt) (cap). (Entered: 09/10/2010)
09/10/2010592 ORDER granting 587 Western Titanium, Inc., Daniel Schroeder, and Mach 2 Metals, Inc.'s Motion for Joinder: Western Titanium Inc., Daniel Schroeder, and Mach 2 Metals' Motion To Join Defendant Ang's Motions In Limine is hereby granted. Signed by Judge Janis L. Sammartino on 9/10/10.(lmt) (cap). (Entered: 09/10/2010)
09/10/2010593  MOTION for Joinder in Co-Defendants' Motions In Limine by John Cotner. (Attachments: # 1 Proof of Service)(Iredale, Eugene) (lmt). (Entered: 09/10/2010)
09/10/2010594  MOTION for Joinder in Codefendants' Motions in Limine by Brian Misak. (Trimmer, Harold) (lmt). (Entered: 09/10/2010)
09/13/2010595 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Evidentiary Hearing) as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II held on 8/30/2010, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Gayle Wakefield. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/4/2010. Redacted Transcript Deadline set for 10/14/2010. Release of Transcript Restriction set for 12/13/2010. (akr) (Entered: 09/13/2010)
09/13/2010596 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Evidentiary Hearing) as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II held on 8/31/2010, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Gayle Wakefield. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/4/2010. Redacted Transcript Deadline set for 10/14/2010. Release of Transcript Restriction set for 12/13/2010. (akr) (Entered: 09/13/2010)
09/15/2010597  MOTION for Order to Show Cause by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Kleven McGann, Sarah) (lmt). (Entered: 09/15/2010)
09/16/2010598 ORDER Setting Hearing on Defendants' 597 Motion for Order to Show Cause: This motion shall be heard on Thursday, 9/30/10, at 2:30 PM. The Government shall file any response or opposition on or before 9/27/10 before 12:00 PM. Signed by Judge Janis L. Sammartino on 9/16/10. (lmt) (cap). (Entered: 09/16/2010)
09/22/2010600 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 571 MOTION to Exclude From Trial Evidence Regarding the Kepler Spacecraft (Leshner, David) (lmt). (Entered: 09/22/2010)
09/22/2010601 RESPONSE in Opposition by USA as to Cheem Ang re 570 MOTION to Exclude Statement Portions of Pre-Indictment Statement of Defendant Cheem Ang (Leshner, David) (lmt). (Entered: 09/22/2010)
09/22/2010602 RESPONSE in Opposition by USA as to Brian Misak re 574 MOTION to Prohibit the Prosecution from Commenting on a Defendant's Exercise of His Right Not to Testify, and Other Improper Argument (Leshner, David) (lmt). (Entered: 09/22/2010)
09/22/2010603 RESPONSE in Opposition by USA as to Brian Misak re 575 MOTION to Prohibit Improper Argument in Opening Statement, and to Review Any Demonstrative Evidence to be Used in Opening Statement Before it is Used [Misak Motion in Limine No. 2] (Leshner, David) (lmt). (Entered: 09/22/2010)
09/22/2010604 RESPONSE in Opposition by USA as to Brian Misak re 578 In Limine MOTION to Exclude Hearsay Statements [Misak Motion in Limine No. 5] (Leshner, David) (lmt). (Entered: 09/22/2010)
09/22/2010605 RESPONSE in Opposition by USA as to Brian Misak re 579 In Limine MOTION for Order for Defense Witness Immunity for Rigoberto Perez [Misak Motion in Limine No. 6] (Leshner, David) (lmt). (Entered: 09/22/2010)
09/22/2010606 RESPONSE in Opposition by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 580 In Limine MOTION to Allow Setting of Reasonable Time LimitsIn Limine MOTION to Exclude Root Cause ReportIn Limine MOTION to Exclude Evidence of Testing of Non-Western Titanium MaterialIn Limine MOTION to Exclude Testimony of Industry PracticeIn Limine MOTION to Exclude WitnessesIn Limine MOTION to Preclude Speaking ObjectionsIn Limine MOTION to Preclude Documents of Bodycote LetterIn Limine MOTION to Preclude Evidence of Boeing Reports and PowerpointIn Limine MOTION to Prohibit Improper Objections During Testimony of Witness AvianoIn Limine MOTION to Admit Documents From Daniel Schroeder's Desk (Polek, Frank) (lmt). (Entered: 09/22/2010)
09/22/2010607 RESPONSE in Opposition by Brian Misak re 580 In Limine MOTION to Allow Setting of Reasonable Time LimitsIn Limine MOTION to Exclude Root Cause ReportIn Limine MOTION to Exclude Evidence of Testing of Non-Western Titanium MaterialIn Limine MOTION to Exclude Testimony of Industry PracticeIn Limine MOTION to Exclude WitnessesIn Limine MOTION to Preclude Speaking ObjectionsIn Limine MOTION to Preclude Documents of Bodycote LetterIn Limine MOTION to Preclude Evidence of Boeing Reports and PowerpointIn Limine MOTION to Prohibit Improper Objections During Testimony of Witness AvianoIn Limine MOTION to Admit Documents From Daniel Schroeder's Desk (Coughlan, Raymond) (lmt). (Entered: 09/22/2010)
09/22/2010608 ORDER Following Hearing on 438 Motion to Suppress Evidence: Defendants' motion to suppress evidence seized outside the scope of the search warrant is granted in part and denied in part. Signed by Judge Janis L. Sammartino on 9/22/10.(lmt) (cap). (Entered: 09/22/2010)
09/22/2010609 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 583 MOTION to Preclude Testimony That Is Speculative and/or Improper Lay Opinion Testimony (Western Motion in Limine No. 3) MOTION to Preclude Testimony That Is Speculative and/or Improper Lay Opinion Testimony (Western Motion in Limine No. 3) (Pierson, Melanie) (lmt). (Entered: 09/22/2010)
09/22/2010610 DOCUMENT WITHDRAWN PER 614 - RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 573 MOTION to Exclude From Trial Evidence of Prior Similar Acts (Pierson, Melanie) (lmt). Modified to edit text on 9/23/2010 (lmt). (Entered: 09/22/2010)
09/22/2010611 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 573 MOTION to Exclude From Trial Evidence of Prior Similar Acts (Attachments: # 1 Exhibit 1)(Pierson, Melanie) (lmt). (Entered: 09/22/2010)
09/22/2010612 Response in Opposition - SUPPLEMENTAL DOCUMENT by USA as to Brian Misak re 577 In Limine MOTION to Exclude Irrelevant Third-Party Evidence (Pierson, Melanie) Modified to edit text on 9/23/2010 (lmt). (Entered: 09/22/2010)
09/22/2010613 Response in Opposition - SUPPLEMENTAL DOCUMENT by USA as to Brian Misak re 576 MOTION to Exclude Irrelevant Evidence Relating to Companies not Mentioned in the Indictment [Misak Motion in Limine No. 3] (Pierson, Melanie)Modified to edit text on 09/23/10 (lmt). (Entered: 09/22/2010)
09/22/2010614 NOTICE OF WITHDRAWAL OF DOCUMENT by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Pierson, Melanie) (lmt). (Entered: 09/22/2010)
09/22/2010615 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 582 MOTION to Prohibit Reference to Undisclosed and/or Legally Improper Theories of Fraud (Western Motion in Limine No. 2) MOTION to Prohibit Reference to Undisclosed and/or Legally Improper Theories of Fraud (Western Motion in Limine No. 2) (Sullivan, Stacey) (lmt). (Entered: 09/22/2010)
09/22/2010616 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 572 MOTION to Exclude from Trial Certain Prejudicial Terms and Phrases (Attachments: # 1 Exhibit 1 & 2)(Sullivan, Stacey) (lmt). (Entered: 09/22/2010)
09/22/2010617 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 581 MOTION for Order Regarding Materials Subject to the Attorney-Client Privilege and/or Work Product Doctrine (Western Motion in Limine No. 1) MOTION for Order Regarding Materials Subject to the Attorney-Client Privilege and/or Work Product Doctrine (Western Motion in Limine No. 1) (Sullivan, Stacey) (lmt). (Entered: 09/22/2010)
09/22/2010618 Response in Opposition - SUPPLEMENTAL DOCUMENT by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 584 MOTION to Exclude Evidence from JPL, DCMA, Boeing, Western Titanium, Sierra Alloys (MIL 4) MOTION to Exclude Evidence from JPL, DCMA, Boeing, Western Titanium, Sierra Alloys (MIL 4) (Attachments: # 1 Exhibit 1 & 2)(Sullivan, Stacey) Modified to edit text on 9/23/2010 (lmt). (Entered: 09/22/2010)
09/22/2010619 RESPONSE in Opposition by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 580 In Limine MOTION to Allow Setting of Reasonable Time LimitsIn Limine MOTION to Exclude Root Cause ReportIn Limine MOTION to Exclude Evidence of Testing of Non-Western Titanium MaterialIn Limine MOTION to Exclude Testimony of Industry PracticeIn Limine MOTION to Exclude WitnessesIn Limine MOTION to Preclude Speaking ObjectionsIn Limine MOTION to Preclude Documents of Bodycote LetterIn Limine MOTION to Preclude Evidence of Boeing Reports and PowerpointIn Limine MOTION to Prohibit Improper Objections During Testimony of Witness AvianoIn Limine MOTION to Admit Documents From Daniel Schroeder's Desk (Attachments: # 1 Exhibit)(Finley, Tillman) (lmt). (Entered: 09/22/2010)
09/23/2010620  MOTION for Leave to File Excess Pages by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Finley, Tillman) (lmt). (Entered: 09/23/2010)
09/23/2010621 Response in Opposition - SUPPLEMENTAL DOCUMENT by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 585 MOTION to Exclude Testimony of Experts that Does Not Satisfy FRE 702 or FRE 403 (MIL 5) MOTION to Exclude Testimony of Experts that Does Not Satisfy FRE 702 or FRE 403 (MIL 5) (Attachments: # 1 Exhibit 1 - 6)(Sullivan, Stacey) Modified to add text on 9/24/2010 (lmt). (Entered: 09/23/2010)
09/23/2010622 RESPONSE TO ORDER TO SHOW CAUSE by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 597 MOTION for Order to Show Cause (Attachments: # 1 Exhibit 1 - 6)(Pierson, Melanie) (lmt). (Entered: 09/23/2010)
09/24/2010623 NOTICE OF ATTORNEY APPEARANCE Amie D Rooney appearing for USA. (Rooney, Amie) (lmt). (Entered: 09/24/2010)
09/24/2010624 ORDER granting 620 Western Titanium Inc. and Daniel Schroeder's Motion for Leave to File Excess Pages for their Opposition to Government's Motions in Limine. Signed by Judge Janis L. Sammartino on 9/24/10.(lmt)(mam). (Entered: 09/24/2010)
09/27/2010625 Final ORDER re: Resolution of Defendants Western Titanium, Inc. and and Schroeders claims of Attorney-Client Privilege and Work Product: the Court concludes that Defendants have made sufficient efforts reasonably designed to protect and preserve their privilege with respect to the seized documents. Accordingly, the Court finds that Defendants have not waived their attorney-client privilege or work product protection. Further, as the Court indicated during the hearing on 8/9/10, the Court finds that the Government has failed to establish, from evidence independent of the privileged documents, that any of the privileged communications were in furtherance of an intended or present illegality. Accordingly, the crime-fraud doctrine does not apply. Therefore, the privileged and/or protected documents may not be admitted as evidence at trial and shall be returned to Defendants within one week of this Order. Signed by Judge Janis L. Sammartino on 9/27/10. (lmt)(mam). (Entered: 09/27/2010)
09/27/2010626 ORDER Granting 560 Govt's Motion for Order Directing Defendant to Provide Handwriting Exemplars; Defendant Schroeder is hereby directed to provide additional exemplars of his natural handwriting and handprinting to forensic document examiner Dave Oleksow, as directed, with said exemplars to be made on forms provided and the content of the writings to be specified by Mr. Oleksow; Signed by Judge Janis L. Sammartino on 9/27/10.(kaj) (Entered: 09/28/2010)
09/30/2010627  MOTION for Order To Use Electronic Equipment During Hearing by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Kleven McGann, Sarah) (lmt). (Entered: 09/30/2010)
09/30/2010628 Minute Entry for proceedings held before Judge Janis L. Sammartino : Motion for Order to Show Cause 597 is denied. Defense counsel to efile Rule 12 Motion before noon on 10/4/2010. Govt to efile their response by 10/5/2010. Matter to proceed with Motions In Limine currently set for 10/6/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Stacey H. Sullivan, Melanie K. Pierson & Amie Rooney / RETD Sarah McGann & Frank Polleck)(acr) (Entered: 09/30/2010)
10/01/2010629 ORDER granting 627 Western Titanium, Inc., Daniel Schroeder, and Mach 2 Metals, Inc.'s Motion for Leave to Electronic Equipment During Hearing: Western may bring, set up, and use a projector and laptop computer in presenting evidence and argument at the hearing to take place on 10/6/10. Signed by Judge Janis L. Sammartino on 10/1/10.(cc USM)(lmt) (cap). (Entered: 10/01/2010)
10/04/2010630  MOTION to Suppress Evidence and Rule 12 Motion by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Sarah Kleven McGann, # 3 Exhibit A-I to Declaration, # 4 Exhibit J-O to Declaration, # 5 Exhibit 1 to Motion, # 6 Exhibit 2 to Motion)(Kleven McGann, Sarah) (lmt). Added MOTION on 10/18/2010 (lmt). (Entered: 10/04/2010)
10/04/2010631 NOTICE of Filing Revised Exhibit 1 to Rule 12 Motion and Motion To Suppress by Western Titanium, Inc., Daniel Schroeder re 630 MOTION to Suppress Evidence and Rule 12 Motion (Attachments: # 1 Exhibit 1)(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010632  MOTION for Joinder in Western Titanium, Daniel Schroeder, and Mach 2 Metals' Motion in Limine (Doc. 581) by Integrated Titanuim Group I, Integrated Titanium Group II. (Schroeder, Lisa) (lmt). (Entered: 10/04/2010)
10/04/2010633 NOTICE of Lodgment of Trail Exhibit (1) by Western Titanium, Inc., Daniel Schroeder re 630 MOTION to Suppress Evidence and Rule 12 Motion (Attachments: # 1 Exhibit 25-450, # 2 Exhibit 451-573)(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010634 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (2) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 574-610, # 2 Exhibit 611-623)(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010635 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (3) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 626, # 2 Exhibit 630-669)(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010636 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (4) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 670-676, # 2 Exhibit 677 (1))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010637 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (5) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 677 (2), # 2 Exhibit 677 (3), # 3 Exhibit 678 (1))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010638 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (6) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 678 (2), # 2 Exhibit 678 (3))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010639 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (7) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 678 (4), # 2 Exhibit 680-700)(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010640 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (8) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 701 (1), # 2 Exhibit 701 (2))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010641 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (9) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 702-707, # 2 Exhibit 708 (1))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010642 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (10) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 708 (2), # 2 Exhibit 708 (3))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010643 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (11) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 708 (4), # 2 Exhibit 708 (5))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010644 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (12) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 708 (6), # 2 Exhibit 708 (7))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010645 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (13) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 708 (8), # 2 Exhibit 708 (9))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010646 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (14) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 708 (10), # 2 Exhibit 708 (11))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010647 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (15) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 708 (12), # 2 Exhibit 708 (13))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010648 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (16) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 710-730, # 2 Exhibit 732 (1))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010649 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (17) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 732 (2), # 2 Exhibit 733 (1))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010650 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (18) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 733 (2), # 2 Exhibit 734 (1))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010651 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (19) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 734 (2), # 2 Exhibit 735-743)(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010652 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (20) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 743A-744, # 2 Exhibit 744A (1))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010653 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (21) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 744A (2), # 2 Exhibit 744A (3))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010654 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (22) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 744A (4), # 2 Exhibit 745-756)(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010655 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (23) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 757-761, # 2 Exhibit 762 (1))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010656 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (24) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 762 (2), # 2 Exhibit 762 (3))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010657 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (25) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 762 (4), # 2 Exhibit 762 (5))(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010658 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (26) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 762 (6), # 2 Exhibit 763-792)(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/04/2010659 NOTICE of Lodgement of Trial Exhibits Seized Outside the Scope (27) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 542, 619, # 2 Exhibit 635, 713, 723, 724, 725, 776, 777)(Kleven McGann, Sarah) (lmt). (Entered: 10/04/2010)
10/05/2010660  MOTION To Stay Proceedings on Motions in Limine Pending Determination on Motion in Limine To Disqualify Prosecution Team by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Attachments: # 1 Memo of Points and Authorities)(Kleven McGann, Sarah) (lmt). (Entered: 10/05/2010)
10/05/2010661 RESPONSE in Opposition by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 580 In Limine MOTION to Allow Setting of Reasonable Time LimitsIn Limine MOTION to Exclude Root Cause ReportIn Limine MOTION to Exclude Evidence of Testing of Non-Western Titanium MaterialIn Limine MOTION to Exclude Testimony of Industry PracticeIn Limine MOTION to Exclude WitnessesIn Limine MOTION to Preclude Speaking ObjectionsIn Limine MOTION to Preclude Documents of Bodycote LetterIn Limine MOTION to Preclude Evidence of Boeing Reports and PowerpointIn Limine MOTION to Prohibit Improper Objections During Testimony of Witness AvianoIn Limine MOTION to Admit Documents From Daniel Schroeder's Desk Supplemental Opposition Based on Newly-Acquired Evidence to Government's Motion in Limine to Exclude Root Cause Analysis Report (Attachments: # 1 Proof of Service)(Rose, Robert) (lmt). (Entered: 10/05/2010)
10/05/2010662 DOCUMENT WITHDRAWN PER 667 - MOTION for Joinder in Motion to Stay Proceedings on Motions in Limine Pending Ruling on Motion in Limine to Disqualify Prosecution Team by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Proof of Service)(Rose, Robert) (QC Mailer re wrong pdf) (lmt). Modified to withdrawn and term motion on 10/6/2010 (lmt). (Entered: 10/05/2010)
10/05/2010663  MOTION for Joinder in Motion to Stay Proceedings on Motions in Limine Pending Ruling on Motion in Limine to Disqualify Prosecution Team by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Proof of Service)(Rose, Robert) (lmt). (Entered: 10/05/2010)
10/05/2010664 NOTICE of Lodgement of Trial Exhibits Outside the Scope (28) by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 737, # 2 Exhibit 738, # 3 Exhibit 739, # 4 Exhibit 740)(Kleven McGann, Sarah) (lmt). (Entered: 10/05/2010)
10/05/2010665 DOCUMENT WITHDRAWN PER 667 - NOTICE OF WITHDRAWAL OF DOCUMENT by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II Joinder in Motion to Stay Proceedings on Motions in Limine Pending Ruling on Motion in Limine to Disqualify Prosecution Team (Attachments: # 1 Proof of Service)(Rose, Robert)(QC Mailer re wrong pdf) (lmt). Modified to withdraw document on 10/6/2010 (lmt). (Entered: 10/05/2010)
10/05/2010666 ORDER denying 660 Defendants' Motion to Stay Proceedings on Motions in Limine: The Court has reviewed all of the motions noticed and is prepared to rule at the hearing. After ruling, any party who has filed motions in limine will be permitted 15 minutes to address the Court. This time limit will be strictly enforced. Signed by Judge Janis L. Sammartino on 10/5/10.(lmt)(mam). (Entered: 10/05/2010)
10/05/2010667 NOTICE OF WITHDRAWAL OF DOCUMENT by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 662 MOTION for Joinder in Motion to Stay Proceedings on Motions in Limine Pending Ruling on Motion in Limine to Disqualify Prosecution Team Docket [662 and 665] (Attachments: # 1 Proof of Service)(Rose, Robert) (lmt). (Entered: 10/05/2010)
10/05/2010668  MOTION for Joinder in Western Titanium, Daniel Schroeder, and Mach 2 Metals' Motion To Suppress (Doc. 630) by Integrated Titanuim Group I, Integrated Titanium Group II. (Schroeder, Lisa) (lmt). (Entered: 10/05/2010)
10/05/2010669 SUPPLEMENTAL DOCUMENT by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 630 MOTION to Suppress Evidence and Rule 12 Motion (Attachments: # 1 Exhibit 1-4)(Sullivan, Stacey) (lmt). (Entered: 10/05/2010)
10/06/2010670 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing/Trial Seting) as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang held on 1/16/2009, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Gayle Wakefield. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/27/2010. Redacted Transcript Deadline set for 11/8/2010. Release of Transcript Restriction set for 1/4/2011. (akr) (Entered: 10/06/2010)
10/06/2010672 DOCUMENT STRICKEN PER 675 ORDER - NOTICE of Lodgment of Exhibits to October 6, 2010 Motion in Limine Hearing by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kleven McGann, Sarah) (lmt). Modified to strike document on 10/7/2010 (lmt). (Entered: 10/06/2010)
10/06/2010673 Minute Entry for proceedings held before Judge Janis L. Sammartino : Defendants' Motions for Joinders 589 593 594 632 663 668 are granted. Western Titanium's Motions In Limine : (1) Re material subject to the atty-client privilege and/or work product doctrine 581 is granted in part and denied in part; (2) To prohibit reference to undisclosed and/or legally improper theories of fraud 582 is denied; To exclude speculative and improper lay opinion testimony 583 is reserved; To exclude evidence from JPL, DCMA, Boeing, Western Titanium and Sierra Alloys 584 is denied in part and reserved in part; To exclude expert testimony that does not satisfy FRE 702 or FRE 403 585 is reserved. Cheem Ang's Motions In Limine : Re Pre-Indictment statements 570 is denied; Re Kepler Spacecraft evidence 571 is denied; re certain prejudicial terms and phrases 572 is denied w/out prejudice; For an order to prohibit the Govt from asserting that dft Schroeder "hid" or "concealed" certain documents in his desk is granted; To exclude evidence of prior similar acts 573 is reserved. Brian Misak's Motions In Limine : To prohibit the Govt from commenting on a dft's exercise of his right not to testify, and other improper argument 574 is denied as moot; To prohibit improper argument in opening statement and to review any demonstrative evidence to be used in opening statement before it is used 575 is granted in part and denied in part; To exclude irrelevant evidence relating to companies not mentioned in the Indictment 576 is denied; To exclude irrelevant 3rd party evidence 577 is denied; To exclude hearsay staement 578 is reserved; For defense witness immunity for Rigoberto Perez 579 is denied. Govt's Motions In Limine : Setting of reasonable time limits for trial 580 is denied; Preclusion of speaking objections at trial 580 is granted; Exclusion of "Root Cause" Report 580 is denied; Admission of document from Daniel Schroeder's desk 580 is denied; Exclusion of witnesses 580 is granted; Preclusion of improper objections during testimony of Witness Aviano 580 is moot; Exclusion of evidence of testing of non-Western Titanium materials 580 is reserved; Exclusion of evidence of industry practice 580 is denied; Exclusion of Boeing Reports and Powerpoint 580 is reserved; Exclusion of Bodycote Letter 580 is denied. Western Titanium's disqualification exhibit 1 and 2 marked; Defendants' joint oral request for stay are denied. Parties to efile witness list, pre-marked exhibit list and trial briefs by 12:00 PM on 10/15/2010. Court to issue written order on the Motions In Limine, Rule 12 Motion and Motion to Suppress Evidence. Matter to proceed for Jury Trial currently set for 10/25/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Stacey H. Sullivan, Melanie K. Pierson & Amie Rooney / RETD Nancy Luque, Tillman Finley & Sarah McGann for Western Titanium (1), Daniel Schroeder (2) Mach 2 Metals, Inc. (6) / RETD Raymond J. Coughlan, Jr. & Harold Trimmer for Brian Misak (3) / RETD Eugene G. Iredale for John Cotner (4) / RETD Robert D. Rose & Frank Polek for Cheem Ang (5) / RETD Lisa Taylor Schroeder for Intergrated Titanium Group I (7) and II (8))(acr) (Entered: 10/06/2010)
10/07/2010674 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motions In Limine) as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II held on 10/6/2010, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Gayle Wakefield. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/28/2010. Redacted Transcript Deadline set for 11/8/2010. Release of Transcript Restriction set for 1/5/2011. (akr) (Entered: 10/07/2010)
10/07/2010675 ORDER Striking 672 Defendants' Notice of Lodgement of Exhibits to 10/6/10 Motion in Limine Hearing: These documents were not admitted as exhibits at the hearing, nor were they submitted with the motions upon which the Court based its rulings. Therefore, the Court finds that these documents are not appropriately part of the record in this case. Accordingly, it is hereby Ordered that the Clerk of the Court strike the document from the record and serve a copy of this Order on all parties. Signed by Judge Janis L. Sammartino on 10/7/10. (lmt)(mam). (Entered: 10/07/2010)
10/07/2010676 NOTICE Corporate Consent Action by Integrated Titanuim Group I, Integrated Titanium Group II (Schroeder, Lisa) (QC Mailer re cert of service) (lmt). (Entered: 10/07/2010)
10/07/2010677 Certificate of Service by Integrated Titanuim Group I, Integrated Titanium Group II as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 676 Notice (Other) (Schroeder, Lisa) (lmt). (Entered: 10/07/2010)
10/08/2010678  MOTION for Leave to File Defendants' Exhibits 1 and 2 to October 6, 2010 Motion in Limine Hearing by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Attachments: # 1 Exhibit A, # 2 DOCUMENT STRICKEN FROM THE RECORD PER ORDER 680 , # 3 DOCUMENT STRICKEN FROM THE RECORD PER ORDER 680 )(Kleven McGann, Sarah) Modified on 10/8/2010 to strike documents (kaj). (Attachment 2 replaced on 10/8/2010) (kaj). (Attachment 3 replaced on 10/8/2010) (kaj). (lmt). (Entered: 10/08/2010)
10/08/2010679 SUPPLEMENTAL DOCUMENT by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II Government's Opposition to Defendant Western Titanium, Daniel Schroeder and Mach 2 Metal's Motion for Leave to File Defendant's Exhibits 1 and 2 to October 6, 2010 Motion in Limine Hearing (Sullivan, Stacey) (lmt). (Entered: 10/08/2010)
10/08/2010680 ORDER denying defendants' 678 Motion for Leave to File Exhibits 1 and 2 to the October 6, 2010 Motion in Limine Hearing as to Western Titanium, Inc. (1), Daniel Schroeder (2), Mach 2 Metals, Inc. (6); it is ordered that the Clerk of the Court strike Exhibits 1 and 2 to Defendants' motion 678 from the record; Signed by Judge Janis L. Sammartino on 10/8/10.(kaj) (Entered: 10/08/2010)
10/12/2010681 ORDER Following Hearing on Motions in Limine: Re 581 MOTION for Order Regarding Materials Subject to the Attorney-Client Privilege and/or Work Product Doctrine (Western Motion in Limine No. 1): Defendants' request that the Government be prohibited from introducing as evidence at trial or reference in any way any document by the attorney-client and/or work product doctrine is Granted. Defendants' requests for disqualification of government attorneys and agents and the mass suppression of all evidence seized after 4/15/08 are Denied. Defendants' oral motion for a stay of proceedings pending review of this determination by the Ninth Circuit Court of Appeals is Denied. Defendants' request that the Government be prohibited from referencing allegations in paragraphs 10 and 11(yy) of Second Superseding Indictment absent of a showing of proof is Granted. 582 MOTION to Prohibit Reference to Undisclosed and/or Legally Improper Theories of Fraud (Western Motion in Limine No. 2) is denied. The Court reserves ruling on 583 MOTION to Preclude Testimony That Is Speculative and/or Improper Lay Opinion Testimony (Western Motion in Limine No. 3). 584 MOTION to Exclude Evidence from JPL, DCMA, Boeing, Western Titanium, Sierra Alloys (MIL 4): Defendants' motion to exclude evidence from JPL, DCMA, Boeing, Western Titanium, and Sierra Alloys is Denied. The Court Reserves ruling as to the admissibility of the other act evidence disclosed in the 9/9 letter. Defendants may file a renewed motion in limine regarding this evidence on or before 10/14/10; the Government shall file any response on or before 10/20/10. The Court will rule at the time of trial. 585 MOTION to Exclude Testimony of Experts that Does Not Satisfy FRE 702 or FRE 403 (MIL 5): The Court will Reserve ruling on the admissibility of any particular expert's testimony or qualifications until the time of admission, the Court is able to make some findings at this time. Opinion testimony regarding the proper meaning and interpretation of the specifications is admissible under Federal Rule of Evidence 702 because it will assist the jury to understand the evidence or to determine a fact in issue. The Court will give the Government's experts leeway to explain the requirements of given specifications, even if those requirements are not specifically set forth in the specifications. The Court notes that Ninth Circuit authority does permit the use of the same witness to provide lay and expert testimony provided the jurors are aware of the witness's dual roles and the Court will approve the use of such a procedure in this case, however, the prosecution shall endeavor to keep the "fact" portion of witness's testimony wholly separate from the "expert" portion and shall make clear to the jury when the "expert" portion begins. The Court has reviewed the summaries of the proposed expert testimony and it appears that each expert will be testifying about different aspects of the specifications, or discreet events. Defendants' objections in this regard are preserved. The Court declines to exercise the extreme sanction of exclusion of the two Government experts that were disclosed late. 570 MOTION to Exclude Statement Portions of Pre-Indictment Statement of Defendant Cheem Ang is denied. 571 MOTION to Exclude From Trial Evidence Regarding the Kepler Spacecraft is denied. 572 MOTION to Exclude from Trial Certain Prejudicial Terms and Phrases: This motion is Denied Without Prejudice to renew at trial with respect to specific statements. This motion is granted in that the Court will preclude evidence that any document found within the work product compilations was found in Defendant Schroeders desk. 573 MOTION to Exclude From Trial Evidence of Prior Similar Acts: The Court Reserves ruling as to the admissibility of the prior act evidence disclosed in the 9/9 letter pending the briefing previously ordered with respect to Defendant Western's motion to preclude this evidence. 574 MOTION to Prohibit the Prosecution from Commenting on a Defendant's Exercise of His Right Not to Testify, and Other Improper Argument is denied as moot. 575 MOTION to Prohibit Improper Argument in Opening Statement, and to Review Any Demonstrative Evidence to be Used in Opening Statement Before it is Used [Misak Motion in Limine No. 2]: Defendant Misak's request to provide prior notice of any demonstrative exhibits to be used during opening statements is Granted. Such disclosures shall be made by 10/20/10. This order applies to all parties. Defendant's request to prohibit improper argument in opening statement is Denied as moot. 576 MOTION to Exclude Irrelevant Evidence Relating to Companies not Mentioned in the Indictment [Misak Motion in Limine No. 3] is denied. 577 In Limine MOTION to Exclude Irrelevant Third-Party Evidence is denied. 578 In Limine MOTION to Exclude Hearsay Statements [Misak Motion in Limine No. 5] is Reserved until the specific evidence is offered. 579 In Limine MOTION for Order for Defense Witness Immunity for Rigoberto Perez [Misak Motion in Limine No. 6] is denied. 580 In Limine MOTION to Allow Setting of Reasonable Time Limits is denied. 580 In Limine MOTION to Exclude Root Cause Report is denied. 580 In Limine MOTION to Exclude Evidence of Testing of Non-Western Titanium Material: The Government does not describe the particular testing it seeks to exclude, thus the Court will Reserve ruling until the time of admission, when the Court will be in a better position to understand the nature of the evidence and the context in which it is offered. 580 In Limine MOTION to Exclude Testimony of Industry Practice is denied. 580 In Limine MOTION to Exclude Witnesses is granted. 580 In Limine MOTION to Preclude Speaking Objections is granted. 580 In Limine MOTION to Preclude Documents of Bodycote Letter is denied. 580 In Limine MOTION to Preclude Evidence of Boeing Reports and Powerpoint: The Court will Reserve this issue until the time of trial to allow defendants to lay the foundation for admission of the Boeing Reports and Powerpoint presentation as non-hearsay. 580 In Limine MOTION to Prohibit Improper Objections During Testimony of Witness Aviano is moot. 580 In Limine MOTION to Admit Documents From Daniel Schroeder's Desk is denied. Signed by Judge Janis L. Sammartino on 10/12/10. (lmt)(mam). (Entered: 10/12/2010)
10/13/2010682  MOTION for Leave to File Supplement to Motion to Suppress by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Attachments: # 1 Declaration Sarah Kleven McGann, # 2 Exhibit 1, # 3 Exhibit 2)(Kleven McGann, Sarah) (lmt). (Entered: 10/13/2010)
10/13/2010683  MOTION for Leave to File Supplement to Motion to Suppress by Daniel Schroeder. (Attachments: # 1 Exhibit 1 part 1, # 2 Exhibit 1 part 2, # 3 Exhibit 1 part 3, # 4 Exhibit 2)(Kleven McGann, Sarah) (lmt). (Entered: 10/13/2010)
10/14/2010684 Notice of Document Discrepancy by Judge Janis L. Sammartino Rejecting Document: Notice of Motion and Motion to File Under Seal Daniel Schroeder's Motion to Suppress Personal Property Seized Without A Warrant from Daniel Schroeder. Non-compliance with local rule(s), Civ. L. Rule 7.1 or 47.1: Date noticed for hearing not in compliance with rules/documents are not timely, OTHER: Motion deadline was ten days after filing of Final Order re: Resolution of Attorney-Client Privilege Claims (Doc. No. 625). IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1. Signed by Judge Janis L. Sammartino on 10/13/10. (lmt) (av1). (Entered: 10/14/2010)
10/14/2010685 SUPPLEMENTAL BRIEFING by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II Response to Schroeder Motion for Return of Personal Property (Pierson, Melanie) (lmt). (Entered: 10/14/2010)
10/14/2010686 Joint MOTION to Exclude Evidence of Uncharged Crimes, Wrongs, or Acts by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A, # 3 Exhibit B)(Finley, Tillman) (lmt). (Entered: 10/14/2010)
10/14/2010687  MOTION to Exclude Witnesses Identified After Expert Cutoff Date by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Sarah Kleven McGann, # 3 Exhibit A)(Kleven McGann, Sarah) (lmt). (Entered: 10/14/2010)
10/15/2010688 EXHIBIT LIST by Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Attachments: # 1 Exhibit)(Pierson, Melanie) (lmt). (Entered: 10/15/2010)
10/15/2010689 Proposed Jury Instructions by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Pierson, Melanie) (lmt). (Entered: 10/15/2010)
10/15/2010690 WITNESS LIST by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Attachments: # 1 Exhibit)(Pierson, Melanie) (lmt). (Entered: 10/15/2010)
10/15/2010691 REDACTION by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Attachments: # 1 Exhibit)(Pierson, Melanie) (lmt). (Entered: 10/15/2010)
10/15/2010692 TRIAL BRIEF by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Attachments: # 1 Proof of Service)(Rose, Robert) (lmt). (Entered: 10/15/2010)
10/15/2010693 TRIAL BRIEF by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Attachments: # 1 Exhibit 1)(Pierson, Melanie) (lmt). (Entered: 10/15/2010)
10/15/2010694 TRIAL BRIEF by Brian Misak (Coughlan, Raymond) (lmt). (Entered: 10/15/2010)
10/15/2010695 NOTICE of Filing Exhibit List by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit Exhibit List)(Kleven McGann, Sarah) (lmt). (Entered: 10/15/2010)
10/15/2010696 WITNESS LIST by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. (Attachments: # 1 Exhibit Witness List)(Kleven McGann, Sarah) (lmt). (Entered: 10/15/2010)
10/15/2010697 ORDER re Juror Attendance Fees: each juror shall receive a total attendance fee of $50.00 per day for each day of service in excess of 10 days. Signed by Judge Janis L. Sammartino on 10/15/10. (cc Finance)(lmt) (jcj). (Entered: 10/15/2010)
10/15/2010698 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 687 MOTION to Exclude Witnesses Identified After Expert Cutoff Date (Pierson, Melanie) (lmt). (Entered: 10/15/2010)
10/18/2010699 ORDER: (1) denying 630 Defendants' Rule 12 Motion; (2) dismissing 630 Defendants' Supplemental Motion to Suppress Evidence; Denying as moot 682 683 Defendants' Motions for Leave to File Supplemental Motion to Suppress Evidence. Signed by Judge Janis L. Sammartino on 10/18/10.(lmt) (av1). (Entered: 10/18/2010)
10/18/2010700  MOTION to Exclude Proposed Government Expert Witness David Oleksow; Joinder in Motion to Exclude Witnesses Identified After Expert Cutoff Date by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Proof of Service)(Polek, Frank) (lmt). (Entered: 10/18/2010)
10/18/2010701  MOTION for Order To Use Electronic Equipment During Trial by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. (Kleven McGann, Sarah) (lmt). Modified on 10/20/2010 ot add Mach 2 Metals Inc as filer. (mam). (Entered: 10/18/2010)
10/18/2010702  MOTION to Quash Subpoena by USA as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rooney, Amie) (lmt). (Entered: 10/18/2010)
10/19/2010703 RESPONSE to Motion by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 701 MOTION for Order To Use Electronic Equipment During Trial (Pierson, Melanie) (lmt). (Entered: 10/19/2010)
10/19/2010704 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 700 MOTION to Exclude Proposed Government Expert Witness David Oleksow; Joinder in Motion to Exclude Witnesses Identified After Expert Cutoff Date (Attachments: # 1 Exhibit)(Pierson, Melanie) (lmt). (Entered: 10/19/2010)
10/19/2010705 ORDER granting 701 Motion for Leave to Use Electronic Equipment During Trial: Western Titanium, Inc. Daniel Schroeder, and Mach 2 Metals may bring and set up a printer at trial, beginning 10/25/10. However, the printer may not be operated during witness testimony. Signed by Judge Janis L. Sammartino on 10/19/10.(cc: USM)(lmt)(mam). Modified to add text on 10/20/2010 (lmt). (Entered: 10/19/2010)
10/19/2010706 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 686 Joint MOTION to Exclude Evidence of Uncharged Crimes, Wrongs, or Acts (Attachments: # 1 Exhibit 1-5)(Pierson, Melanie) (lmt). (Entered: 10/19/2010)
10/19/2010707 OBJECTION TO GOVERNMENT'S REDACTED INDICTMENT by Cheem Ang re 691 Redacted Document (Attachments: # 1 Proof of Service)(Polek, Frank) (lmt). (Entered: 10/19/2010)
10/19/2010708  MOTION to Quash Defendants' Subpoena to JPL by USA as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rooney, Amie) (lmt). (Entered: 10/19/2010)
10/19/2010709  MOTION for Joinder in (1) Ang Motion to Exclude David Oleksow 704 and (2) Ang Objection to Redacted Indictment 707 by Brian Misak. (Coughlan, Raymond) (lmt). (Entered: 10/19/2010)
10/22/2010710  MOTION for Joinder in Co-Defendant Ang's Motions (Docs. 700, 707) by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Kleven McGann, Sarah) (lmt). (Entered: 10/22/2010)
10/22/2010711  MOTION to Dismiss Counts 1 (in part), 5, 6, 16, 17, 18, and 19 of the Second Superseding Indictmenet by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities)(Finley, Tillman) (lmt). (Entered: 10/22/2010)
10/22/2010712 MOTION to Quash Subpoena by Jet Propulsion Laboratory. (Attachments: # 1 Declaration Of Patricia Norman)(lmt) (av1). (Entered: 10/22/2010)
10/22/2010713  MOTION to Continue Trial One Week by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Kleven McGann, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(Kleven McGann, Sarah) (lmt). (Entered: 10/22/2010)
10/22/2010714 ORDER of USCA in USCA Case No. 10-73097 as to Western Titanium, Inc., Brian Misak, Cheem Ang, Integrated Titanium Group I, Integrated Titanium Group II. Defendants Cheem Ang, Integrated Titanium Groups and Brian Misak's motions to join in the petition for writ of mandamus and the emergency motion for stay pending resolution of the petition for writ of mandamus are granted. Real Party in Interest's and Petitioners' motions to file an oversized opposition to the motion for stay and the reply thereto, respectively, are granted. Petitioners have not demonstrated that this case warrants the intervention of the USCA by means of the extraordinary remedy of mandamus. Accordingly, the petition is denied. Accordingly, petitioners' emergency motion to stay USDC proceedings pending resolution of the petition for writ of mandamus is denied as moot. (akr) (Entered: 10/22/2010)
10/22/2010715 NOTICE of Intention to Admit Statement Pursuant to FRE 807 by Western Titanium, Inc., Daniel Schroeder (Attachments: # 1 Exhibit A)(Kleven McGann, Sarah) (lmt). (Entered: 10/22/2010)
10/22/2010716  MOTION for Reconsideration Orders Refusing to Permit Filing of Motion to Suppress by Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities)(Finley, Tillman) (lmt). (Entered: 10/22/2010)
10/22/2010717 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 711 MOTION to Dismiss Counts 1 (in part), 5, 6, 16, 17, 18, and 19 of the Second Superseding Indictmenet MOTION to Dismiss Counts 1 (in part), 5, 6, 16, 17, 18, and 19 of the Second Superseding Indictmenet (Leshner, David) (lmt). (Entered: 10/22/2010)
10/22/2010718 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 713 MOTION to Continue Trial One Week (Pierson, Melanie) (lmt). (Entered: 10/22/2010)
10/22/2010722  MOTION to Quash Subpoena for Western Titanium, Inc., Daniel Schroeder, and Mach 2 Metals, Inc. by Titanium Industries, Inc. (Attachments: # 1 Memo of Points and Authorities)(lmt) (mam). (Entered: 10/25/2010)
10/22/2010723  MOTION to Quash Subpoena by Senior Aerospace Jet Products (Attachments: # 1 Declaration, # 2 Proof of Service)(lmt) (mam). (Entered: 10/25/2010)
10/24/2010719  MOTION to Suppress Fruit of the Poisonous Tree by Western Titanium, Inc., Daniel Schroeder as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A)(Kleven McGann, Sarah) (lmt). (Entered: 10/24/2010)
10/24/2010720 OBJECTION to Defendants' Notice of Intention to admit hearsay statement under Rule 807 by USA re 715 Notice (Other) (Rooney, Amie) (lmt). (Entered: 10/24/2010)
10/25/2010721  MOTION to Quash Subpoena by Pro-Fab, Inc. (lmt) (mam). (Entered: 10/25/2010)
10/25/2010724 Minute Entry for trial proceedings (1st Day) held before Judge Janis L. Sammartino: Parties to efile oppositions to motions to quash by 10/28/2010. Began voir dire and continued to 10/26/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) / Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey H. Sullivan, Melanie K. Pierson & Amie Rooney / RETD Nancy Luque, Tillman Finley & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale & Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) / 3rd Party Counsel Jeff Sinek for Jet Propulsion Laboratory / Siobhan Cullen for Titanium Industries, Inc. / Brian Michael for Supra Alloys, Inc.) (acr) Modified on 10/26/2010 to include 3rd Party Counsel (acr) Modified on 10/28/10 to correct spelling of Atty Polek's last name(pdc). (Entered: 10/26/2010)
10/26/2010725 Proposed Jury Instructions by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Finley, Tillman) (lmt). (Entered: 10/26/2010)
10/26/2010726  MOTION to Preclude Evidence of Certain Exhibits During Government's Opening Statement by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Kleven McGann, Sarah) (lmt). (Entered: 10/26/2010)
10/26/2010727 TRIAL BRIEF by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Finley, Tillman) (lmt). (Entered: 10/26/2010)
10/26/2010728 Declaration of Mike Seagraves re 721 MOTION to Quash, MOTION to Preclude by Pro-Fab, Inc. as to Western Titanium, Inc.. (Warden, William) Modified to change event and term motion on 10/27/2010 (lmt). (Entered: 10/26/2010)
10/26/2010729 Minute Entry for trial proceedings (2nd Day) held before Judge Janis L. Sammartino : Voir dire held; Matter continued to 10/27/2010 at 9:00 AM for peremptory challenges (Court Reporter Gayle Wakefield (AM) / Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey H. Sullivan, Melanie K. Pierson & Amie Rooney / RETD Nancy Luque & Dan Marino McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale & Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8))(acr) Modified on 10/28/10 to correct spelling of Atty Polek's last name (pdc). (Entered: 10/26/2010)
10/27/2010730 Minute Entry for trial proceedings (3rd Day) held before Judge Janis L. Sammartino : Jury impaneled and sworn; Govt's opening statement (11:35 AM); Nancy Luque's opening statement (1:55 PM); Eugene Iredale's opening statement (3:10 PM). Further opening statements set for 10/28/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) / Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey H. Sullivan, Melanie K. Pierson & Amie Rooney / RETD Nancy Luque, Dan Marino, Tillman Finley, Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale & Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8))(acr) Modified on 10/28/10 to correct spelling of Atty Polek's last name (pdc). (Entered: 10/27/2010)
10/28/2010731 NOTICE OF EXHIBIT LIST by Cheem Ang (Attachments: # 1 Proof of Service)(Rose, Robert) (lmt). (Entered: 10/28/2010)
10/28/2010732  MOTION to Quash Subpoena by Supra Alloys, Inc. (Attachments: # 1 Declaration, # 2 Proof of Service)(lmt)(av1). (Entered: 10/28/2010)
10/28/2010733 Minute Entry for proceedings (4th Day) held before Judge Janis L. Sammartino: Government oral motion to exclude witnesses during opening statements - granted. Robert Rose's opening statement (9:11 AM); Lisa Schroeder's opening statement (10:14 AM); Raymond Coughlan 's opening statement (10:47 AM). Jury Trial continued to 11/1/2010 at 9:00AM. (Court Reporter Gayle Wakefield / CRD P. Dela Cruz / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8)). (pdc) Modified on 10/28/10 to correct spelling of Atty Polek's last name (pdc). (Entered: 10/28/2010)
10/28/2010734 RESPONSE in Opposition by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 712 MOTION to Quash Subpoena to Jet Propulsion Laboratory (Attachments: # 1 Exhibit)(Finley, Tillman) (lmt). (Entered: 10/28/2010)
10/28/2010735 RESPONSE in Opposition by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 721 MOTION to Quash, 732 MOTION to Quash, 723 MOTION to Quash, 722 MOTION to Quash Third Party Subpoenas (Attachments: # 1 Exhibit)(Finley, Tillman) (lmt). (Entered: 10/28/2010)
10/28/2010736 OBJECTION by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. re 702 MOTION to Quash Subpoena (Finley, Tillman) (lmt). (Entered: 10/28/2010)
11/01/2010737 STIPULATED FACTS (Pierson, Melanie) (lmt). (Entered: 11/01/2010)
11/01/2010738 NOTICE of AMENDED Exhibit List by Cheem Ang re 731 Notice (Other) (Attachments: # 1 Proof of Service)(Polek, Frank) (lmt). (Entered: 11/01/2010)
11/01/2010739 ORDER denying 719 Defendants' Motion to Suppress Fruit of the Poisonous Tree. Signed by Judge Janis L. Sammartino on 11/1/10.(lmt) (av1). (Entered: 11/02/2010)
11/01/2010740 Minute Entry for trial proceedings (5th Day) held before Judge Janis L. Sammartino: Sam Medigovich sworn; exhibits identified and received; continued to 11/2/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) & Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque & Tillman Finley for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale & Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8)) (acr) (Entered: 11/02/2010)
11/02/2010741 NOTICE of Change of Address by Mark C. Holscher (Attachments: # 1 Proof of Service)(Holscher, Mark) (Atty contacted re signer) (lmt). (Entered: 11/02/2010)
11/02/2010742 NOTICE OF ATTORNEY APPEARANCE: Barry Irwin Gross on behalf of Titanium Industries, Inc., non-party (Gross, Barry) (lmt). (Entered: 11/02/2010)
11/02/2010743 Minute Entry for trial proceedings (6th Day) held before Judge Janis L. Sammartino : Continued direct exam of Samuel Medigovich; cross examination by Eugene Iredale (9:51 AM); cross examination by Nancy Luque (3:04 PM); exhibits identified and received; continued to 11/3/2010 at 9:30 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) & Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque & Tillman Finley for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale & Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) / Robert Brewer 3rd Party Counsel) (acr) (Entered: 11/02/2010)
11/03/2010744 Minute Entry for trial proceedings (7th Day) held before Judge Janis L. Sammartino : Sworn James McAfee; defense counsels' joint oral motion by Robert Rose to strike Mr. McAfee's testimony re heat lot is denied w/out prejudice; defense's cross-exam (11:30 am); Robert Rose's oral motion to strike a portion of James McAfee's testimony is denied w/out prejudice; Govt's re-direct (2:58 pm); defense's re-cross (3:03 pm); Sworn George Schaeffer (3:30 pm); defense's cross-exam (3:37 pm); Govt's re-direct (3:48 pm); defense's re-cross (4:04 pm); Nancy Luque's oral motion to strike a portion of Mr. Schaeffer's testimony is denied. Continued to 11/4/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) & Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque & Tillman Finley for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale & Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) / Robert Brewer for George Schaeffer) (acr) (Entered: 11/04/2010)
11/04/2010747 ORDER granting 721 722 723 732 Non-Party Motions to Quash Subpoenas: The Court finds that the subpoenas issued to non-parties Pro-Fab, Inc., Titanium Industries, Inc., Senior Aerospace Jet Products, and Supra Alloys, Inc., do not comply with the requirements of Rule 17(c) of the Federal Rules of Criminal Procedure. In addition, the Court finds that compliance with the subpoenas would be unreasonable and oppressive. Signed by Judge Janis L. Sammartino on 11/4/10.(All non-registered users served via U.S. Mail Service)(lmt) Modified to correct on 11/8/2010 (lmt). (mam). (Entered: 11/05/2010)
11/04/2010752 Minute Entry for proceedings (8th day) held before Judge Janis L. Sammartino: Swore witness Shana Muers. Cross-exam by Eugene Iredale (9:50 AM); Cross-exam by Nancy Luque (11:22 AM); Govt's re-direct (11:31 AM); Swore witness Kelly Lee Brown (11:41 AM); Cross-exam by Eugene Iredale (1:24 PM); Cross-exam by Nancy Luque (1:42 PM); Govt's re-direct (1:43 PM); Swore Witness Tony Evaldez (1:45 PM); Cross-exam by Eugene Iredale (3:46 PM); Cross-exam by Nancy Luque (4:07 PM). Exhibits identified and received. Continued to 11/8/2010 at 9:00 AM before Judge Janis L. Sammartino. (Court Reporter Gayle Wakefield (AM) & Mauralee Ramirez (PM) / CRD A Ramos & CRD P. Dela Cruz / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale & Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8)). (pdc) (Entered: 11/08/2010)
11/05/2010748 PRO HAC VICE APPOINTED: Rebecca A. Haciski appearing for Movant Supra Alloys, Inc. (All non-registered users served via U.S. Mail Service)(leh) (Entered: 11/05/2010)
11/05/2010749 PRO HAC VICE APPOINTED: Todd R. Steggerda appearing for Movant Supra Alloys, Inc. (All non-registered users served via U.S. Mail Service)(leh) (Entered: 11/05/2010)
11/08/2010750 SUPPLEMENTAL BRIEFING by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II Regarding Testimony of Robert Anderson (Finley, Tillman) (lmt). (Entered: 11/08/2010)
11/08/2010751 ORDER denying 716 Defendant's Motion for Reconsideration of Order Rejecting Motion to Suppress: Defendant's motion for reconsideration is denied. Defendant's motion for leave to lodge his motion to suppress personal property for purposes of the record is also denied. The motion has never been filed or considered by the Court and thus is not part of this Court's record. Signed by Judge Janis L. Sammartino on 11/8/10.(All non-registered users served via U.S. Mail Service)(lmt) (av1). (Entered: 11/08/2010)
11/08/2010753 Minute Entry for trial proceedings (9th Day) held before Judge Janis L. Sammartino : Witnesses sworn; exhibits marked and received. Continued to 11/9/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) & Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale & Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8))(acr) (Entered: 11/09/2010)
11/09/2010754 Minute Entry for trial proceedings (10th Day) held before Judge Janis L. Sammartino : Witnesses sworn; exhibits marked and received; Nancy Luque's oral motion to strike Govt's exhibit 31A is denied w/out prejudice. Continued to 11/10/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) & Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan for Brian Misak (3) / Eugene Iredale for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8)) (acr) (Entered: 11/09/2010)
11/10/2010755 SUPPLEMENTAL BRIEFING by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II Regarding Application of the Rule of Completeness (Finley, Tillman) (lmt). (Entered: 11/10/2010)
11/10/2010760 Minute Entry for trial proceedings (11th Day) held before Judge Janis L. Sammartino : Witnesses sworn; exhibits marked and received. Matter continued to 11/15/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) & Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan for Brian Misak (3) / Eugene Iredale for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8)) (acr) (Entered: 11/12/2010)
11/12/2010756  MOTION for Reciprocal Discovery by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Pierson, Melanie) (lmt). (Entered: 11/12/2010)
11/12/2010761 TRIAL BRIEF by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Pierson, Melanie) (lmt). (Entered: 11/12/2010)
11/12/2010765  MOTION to Quash Subpoena by Service Steel Aerospace Corp. (lmt) (av1). (Entered: 11/15/2010)
11/15/2010762 TRIAL BRIEF by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Finley, Tillman) (lmt). (Entered: 11/15/2010)
11/15/2010763 TRIAL BRIEF by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Finley, Tillman) (lmt). (Entered: 11/15/2010)
11/15/2010764 RESPONSE to Motion by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 756 MOTION for Reciprocal Discovery (Finley, Tillman) (lmt). (Entered: 11/15/2010)
11/15/2010767 Minute Entry for trial proceedings (12th Day) held before Judge Janis L. Sammartino : Witness sworn; exhibits marked and received; Defense counsel's oral request to allow Brian Misak to travel to Arizona from 11/19/2010 to 11/21/2010 is granted. Matter continued to 11/16/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) & Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque, Dan Marino & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8)) (acr) Modified on 11/16/2010 to include travel dates (acr) (Entered: 11/16/2010)
11/16/2010768 Minute Entry for trial proceedings (13th Day) held before Judge Janis L. Sammartino : Eugene Iredale to efile written motion to strike a portion of Mr. Boyer's testimony; cont'd testimony of Sam Medigovich; exhibits marked and received. Matter continued to 11/22/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) & Cami Kircher (PM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque, Dan Marino & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) / Holly Sullivan for Brad Elder)(acr) (Entered: 11/16/2010)
11/17/2010769 ORDER granting 702 Government's Motion to Quash Subpoena. Signed by Judge Janis L. Sammartino on 11/17/10.(lmt) (av1). (Entered: 11/17/2010)
11/18/2010770 TRIAL BRIEF by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Attachments: # 1 Proof of Service)(Rose, Robert) (lmt). (Entered: 11/18/2010)
11/18/2010771 TRIAL BRIEF by John Cotner (Attachments: # 1 Proof of Service)(Iredale, Eugene) (lmt). (Entered: 11/18/2010)
11/18/2010772 TRIAL BRIEF by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Attachments: # 1 Exhibit)(Pierson, Melanie) (lmt). (Entered: 11/18/2010)
11/19/2010774 TRIAL BRIEF by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Attachments: # 1 Exhibit)(Finley, Tillman) (lmt). (Entered: 11/19/2010)
11/19/2010775 PRETRIAL WARRANT ISSUED by Magistrate Judge Anthony J. Battaglia as to Daniel Schroeder. (lmt) (jcj). (Entered: 11/19/2010)
11/19/2010777 TRIAL BRIEF by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Pierson, Melanie) (lmt). (Entered: 11/19/2010)
11/19/2010778 TRIAL BRIEF by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Attachments: # 1 Exhibit)(Pierson, Melanie) (lmt). (Entered: 11/19/2010)
11/22/2010780 ORDER granting 765 Non-Party Service Steel Aerospace Corp.'s Motion to Quash Subpoena. Signed by Judge Janis L. Sammartino on 11/22/10.(All non-registered users served via U.S. Mail Service)(lmt) (jcj). (Entered: 11/22/2010)
11/22/2010781 Minute Entry for proceedings held before Judge Janis L. Sammartino : Jury excused until 11/29/2010 at 12:00 PM. Nancy Luque's motion for severance and mistrial as to Daniel Schroeder (2) is reserved. Defense counsel shall file the medical exam report under seal by 11/24/2010 before 9:00 AM; a copy of the sealed medical exam report shall be provided to each party and the pretrial services officer by defense counsel by 11/24/2010 before 9:00 AM. Court recalls the 11/19/2010 no-bail bench warrant and orders another no-bail bench warrant be issued and held in abeyance. Mr. Schroeder or defense counsel, shall immediately contact the pretrial services officer and Govt upon release from medical care. If necessary, Mr. Schroeder is to submit to a another medical/psychiatric exam arranged by the Govt. Matter is continued to 11/29/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / USPTO Tammy Riedling / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luqueo & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) / Pat Swan for Rodney Boyer)(acr) (Entered: 11/22/2010)
11/22/2010782 ORDER granting 708 Government's and 712 Jet Propulsion Laboratory's Motions to Quash Subpoena. Signed by Judge Janis L. Sammartino on 11/22/10.(lmt) (jcj). (Entered: 11/22/2010)
11/22/2010783 ABSTRACT OF ORDER Recalling Warrant as to Daniel Schroeder. (lmt) (av1). (Entered: 11/23/2010)
11/23/2010784 TRIAL BRIEF by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Rooney, Amie) (lmt). (Entered: 11/23/2010)
11/24/2010793 TRIAL BRIEF by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Pierson, Melanie) (lmt). (Entered: 11/24/2010)
11/28/2010794  MOTION for Joinder in Defendant Cotner's Motion to Strike Testimony of Boyer (Doc. 771) by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Exhibit)(Finley, Tillman) (lmt). (Entered: 11/28/2010)
11/29/2010795 Minute Entry for proceedings held before Judge Janis L. Sammartino : Initial Appearance - Pretrial Release Violation as to Daniel Schroeder held; Dft arraigned and denial entered; witness sworn and testified; dft continued on pretrial release. Defense counsel shall provide to the Court, Govt and Pretrial Services by noon, Wednesday, 12/1/2010, a written report as ordered by the Court (Court Reporter Gayle Wakefield / CRD A Ramos / USPTO Tammy Riedling / AUSA Stacy Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque & Sarah McGann / Lisa Schroeder) (acr) (Entered: 11/29/2010)
11/29/2010796 WITNESS LIST (PRETRIAL OSC HEARING) (acr) (Entered: 11/29/2010)
11/29/2010797 Minute Entry for trial proceedings (14th Day) held before Judge Janis L. Sammartino : Daniel Schroeder's appearance for the afternoon proceedings is waived. Eugene Iredale, Raymond J. Coughlan, Robert Rose and Lisa Schroeder joins Nancy Luque's motion for severance; Joint motion for severance and Ms. Luque's motion for mistrial and trial continuance as to Daniel Schroeder (2) are denied. Mr. Iredale's motion to strike a portion of Mr. Boyer's testimony is denied. Witness sworn; exhibits marked and received. Mr. Iredale's motion to strike Govt's exhibits 607, 861-863 is reserved. Matter continued to 11/30/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luqueo & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) / Pat Swan for Rodney Boyer / Andrew K. Neitor for Jenaro Duran / Jodi D. Thorp for Ernesto Cabrera)(acr) (Entered: 11/29/2010)
11/30/2010798 Minute Entry for trial proceedings (15th Day) held before Judge Janis L. Sammartino : Eugene Iredale's oral motion to strike Govt's exhibit 607, 861-863 is denied. Witnesses sworn; exhibits marked and received. Govt's oral 17C motion (renewed) as to exhibit 605 is reserved. Jerry Coughlan and Robert Rose's oral motion for mistrial is reserved. Matter continued to 12/1/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) / Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) (acr) (Entered: 11/30/2010)
12/01/2010799  MOTION to Quash Subpoena by BE Aerospace, Inc. (Attachments: # 1 Declaration of Jason Lewis)(lmt)(mam). (Entered: 12/01/2010)
12/01/2010803 Minute Entry for proceedings held before Judge Janis L. Sammartino : Daniel Schroeder's bond conditions is modified to include the following - (1) Mr. Schroeder shall comply with Dr. Hubbard's treatment plan which includes any modification that may be deemed necessary; and (2) Mr. Schroeder shall reside at the Sober Living Facility and not leave without the Court's permission (Court Reporter Gayle Wakefield / CRD A Ramos / USPTO Tisha Garcia / AUSA Melanie Pierson, Stacy H. Sullivan & Amie Rooney / RETD Sarah McGann & Nancy Luque / Lisa Schroeder) (acr) (Entered: 12/01/2010)
12/01/2010804 ORDER Setting Additional Conditions of Release for Daniel Schroeder (2) (acr) (Entered: 12/01/2010)
12/01/2010805 Minute Entry for trial proceedings (16th Day) held before Judge Janis L. Sammartino : Recalled Rodney Boyer ; witness sworn; marked and received exhibits. Matter continued to 12/2/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (PM) / Mauralee Ramirez (AM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) (acr) (Entered: 12/01/2010)
12/02/2010808 Minute Entry for trial proceedings (17th Day) held before Judge Janis L. Sammartino : Lisa Schroeder and Nancy Luque's oral motion for severance and for mistrial as to Intergrated Titanium Group I and II are denied; Nancy Luque's oral motion to disqualify AUSA Stacy Sullivan is denied. Witnesses sworn; exhibits marked and received. Matter continued to 12/6/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) / Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) / Robert H. Rexrode for Charles Brad Elder)(acr) (Entered: 12/02/2010)
12/03/2010819 TRIAL BRIEF by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Finley, Tillman) (lmt). (Entered: 12/03/2010)
12/06/2010820  MOTION to Exclude Testimony of Billy Trussell by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A, # 3 Sealed Exhibit B, # 4 Sealed Exhibit C)(Kleven McGann, Sarah) (lmt). Modified on 1/13/2011 to seal Exhibits B and C (kaj). (Entered: 12/06/2010)
12/06/2010821  MOTION for Declaration of Mistrial and to Dismiss with Prejudice Based Upon Government's Violation of Brady v. Maryland by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit)(Finley, Tillman) (lmt). (Entered: 12/06/2010)
12/06/2010822 TRIAL BRIEF by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Attachments: # 1 Exhibit)(Finley, Tillman) (lmt). (Entered: 12/06/2010)
12/06/2010826 Minute Entry for trial proceedings (18th Day) held before Judge Janis L. Sammartino : Continued direct exam of Mr. Elder; sworn Steve Thompson; exhibits marked and received. Matter continued to 12/7/2010 at 8:45 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (PM) / Mauralee Ramirez (AM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque, Dan Marino & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) / Holly Sullivan for Charles Brad Elder)(acr) (Entered: 12/06/2010)
12/06/2010827 TRIAL BRIEF by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Attachments: # 1 Declaration)(Pierson, Melanie) (lmt). (Entered: 12/06/2010)
12/07/2010828 NOTICE of Supplemental Exhibits by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. re 821 MOTION for Declaration of Mistrial and to Dismiss with Prejudice Based Upon Government's Violation of Brady v. Maryland (Attachments: # 1 Exhibit E-I, # 2 Exhibit J-L, # 3 Exhibit M, # 4 Exhibit N-Q)(Kleven McGann, Sarah) (lmt). (Entered: 12/07/2010)
12/07/2010829 Minute Entry for trial proceedings (19th Day) held before Judge Janis L. Sammartino : Witnesses sworn; exhibits marked and received. Nancy Luque's oral motion to strike and Govt's oral motion to withdraw Exhibits 393-400 are granted. Matter continued to 12/8/2010 at 9:00 AM (Court Reporter Gayle Wakefield (AM) / Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque, Dan Marino & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) (acr) (Entered: 12/07/2010)
12/08/2010830 Minute Entry for trial proceedings (20th Day) held before Judge Janis L. Sammartino : Witnesses sworn; exhibits marked and received. Matter continued to 12/9/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) / Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque, Dan Marino, Tillman Finley & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) (acr) (Entered: 12/08/2010)
12/09/2010831 Minute Entry for proceedings (21st Day) held before Judge Janis L. Sammartino: Swore witnesses. Exhibits marked/received. Matter continued to 12/13/10 at 9:00 AM before Judge Janis L. Sammartino. Court Reporter Court Reporter Mauralee Ramirez (AM) & Gayle Wakefield (PM)/CRD A Ramos (AM) & CRD P Dela Cruz (PM) / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque, Tillman Finley & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) (pdc) (Entered: 12/10/2010)
12/10/2010832 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. re 821 MOTION for Declaration of Mistrial and to Dismiss with Prejudice Based Upon Government's Violation of Brady v. Maryland (Rooney, Amie) (lmt). (Entered: 12/10/2010)
12/10/2010833 TRIAL BRIEF by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Pierson, Melanie) (lmt). (Entered: 12/10/2010)
12/10/2010834 AFFIDAVIT in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. re 821 MOTION for Declaration of Mistrial and to Dismiss with Prejudice Based Upon Government's Violation of Brady v. Maryland Declaration of Stacey H. Sullivan and Exhibits thereto (Rooney, Amie) (lmt). (Entered: 12/10/2010)
12/10/2010835 TRIAL BRIEF by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Pierson, Melanie) (lmt). (Entered: 12/10/2010)
12/10/2010836 TRIAL BRIEF by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Pierson, Melanie) (lmt). (Entered: 12/10/2010)
12/13/2010837  MOTION to Exclude Testimony of Manuel Campa and Other Witnesses Who Will Testify About the Substance of the Excluded Evidence by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kleven McGann, Sarah) (lmt). (Entered: 12/13/2010)
12/13/2010838 TRIAL BRIEF by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Attachments: # 1 Exhibit A-E, # 2 Exhibit F, # 3 Exhibit G (Part 1 of 2), # 4 Exhibit G (Part 2 of 2), # 5 Exhibit H-J)(Kleven McGann, Sarah) (lmt). (Entered: 12/13/2010)
12/13/2010839 Minute Entry for trial proceedings (22nd Day) held before Judge Janis L. Sammartino : Witnesses sworn; exhibits marked and received. Matter continued to 12/14/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) / Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque, Dan Marino & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) (acr) (Entered: 12/13/2010)
12/13/2010840 TRIAL BRIEF by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Pierson, Melanie) (lmt). (Entered: 12/13/2010)
12/14/2010841  MOTION to Quash Subpoena of Dr. Calcaterra by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Sullivan, Stacey) (lmt). (Entered: 12/14/2010)
12/14/2010842 Minute Entry for trial proceedings (23rd Day) held before Judge Janis L. Sammartino : Witnesses sworn; exhibits marked and received; Nancy Luque's oral motion for mistrial is reserved. Matter continued to 12/15/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) / Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque, Dan Marino & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) (acr) (Entered: 12/15/2010)
12/15/2010843 Minute Entry for trial proceedings (24th Day) held before Judge Janis L. Sammartino : Govt's motion to quash subpoena 841 is granted; defense counsel's joint oral motion to strike Steve Thompson's testmony in its entirety and for mistrial are reserved. Jury in recess until 12/20/2010 at 10:30 AM. Hearing on defendants' joint motions set for 12/16/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque, Dan Marino & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) (acr) Modified on 12/15/2010 re no PM court reporter (acr) (Entered: 12/15/2010)
12/15/2010844 TRIAL BRIEF by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Pierson, Melanie) (lmt). (Entered: 12/15/2010)
12/16/2010845 TRIAL BRIEF by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Attachments: # 1 Exhibit)(Finley, Tillman) (lmt). (Entered: 12/16/2010)
12/16/2010846 Minute Entry for trial proceedings (25th Day) held before Judge Janis L. Sammartino : In session w/out jury present. Defendants' joint motion for mistrial is denied. Matter to proceed on 12/20/2010 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Robert Ciaffa, Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque, Dan Marino & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) (acr) (Entered: 12/16/2010)
12/19/2010850  MOTION to Exclude Evidence Regarding C&C Machine Co.'s Prototype Confluence Fittings and/or Pioneer Aerospace's Parachute Assembly by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities)(Finley, Tillman) (lmt). (Entered: 12/19/2010)
12/20/2010851 Minute Entry for trial proceedings (26th Day) held before Judge Janis L. Sammartino : Eugene Iredale's oral request to continue to 12/21/2010 is granted; Dan Marino's oral request to inquire Stacey Sullivan is denied. Matter continued to 12/21/2010 at 10:30 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Robert Ciaffa, Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque, Dan Marino & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) (acr) (Entered: 12/20/2010)
12/20/2010852 ORDER granting 799 Non-Party B/E Aerospace Inc.'s Motion to Quash Subpoena. Signed by Judge Janis L. Sammartino on 12/20/10.(lmt) (cap). (Entered: 12/20/2010)
12/21/2010854 Minute Entry for trial proceedings (27th Day) held before Judge Janis L. Sammartino : Recalled Steve Thompson; exhibits marked and received. Counsel to prepare joint motion and proposed order re Exhibits 117, 119, 416-418. Matter continued to 1/4/2011 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) and Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque, Dan Marino & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) (acr) (Entered: 12/21/2010)
12/23/2010855  MOTION to Dismiss Indictment for Flagrant Violations of Brady v. Maryland and Cumulative Prosecutorial Misconduct by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A-Q, # 3 Exhibit R-DD, # 4 Exhibit EE-KK)(Luque, Nancy) (lmt). (Entered: 12/23/2010)
12/23/2010856  MOTION for Leave to File Excess Pages for Doc. 855 by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Luque, Nancy) (lmt). (Entered: 12/23/2010)
12/30/2010857 STATUS REPORT by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Pierson, Melanie) (lmt). (Entered: 12/30/2010)
12/30/2010858 RESPONSE to Motion by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 850 MOTION to Exclude Evidence Regarding C&C Machine Co.'s Prototype Confluence Fittings and/or Pioneer Aerospace's Parachute Assembly (Attachments: # 1 Exhibit 1)(Sullivan, Stacey) (lmt). (Entered: 12/30/2010)
01/03/2011859 STATUS REPORT Response to Government Status Report by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Attachments: # 1 Proof of Service)(Rose, Robert) (lmt). (Entered: 01/03/2011)
01/03/2011860 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. re 855 MOTION to Dismiss Indictment for Flagrant Violations of Brady v. Maryland and Cumulative Prosecutorial Misconduct Together with Government's Motion to Exclude unrelated and irrelevant information (Attachments: # 1 Exhibit 1-14)(Rooney, Amie) (lmt). (Entered: 01/03/2011)
01/03/2011861 STATUS REPORT Response to Government Status Report by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kleven McGann, Sarah) (lmt). (Entered: 01/03/2011)
01/04/2011862 ARREST Warrant Returned Unexecuted in case as to Daniel Schroeder. (mtb) (Entered: 01/04/2011)
01/04/2011867 Minute Entry for trial proceedings (28th Day) held before Judge Janis L. Sammartino : Continued re-cross of Steve Thompson; Exhibit 5045 identified/admitted; Mr. Marino's oral request to continue Mr. Thompson's testimony is granted; Mr. Coughlan's oral motion for acquittal is reserved; Mr. Rose's oral motions for an evidentiary hearing and acquittal are reserved; Mr. Iredale's oral motion for mistrial or in the alternative, a dismissal are reserved. Court suspends Mr. Thompson and Mr. Calcaterra's testimony to 1/18/2011. Matter continued to 1/5/2011 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) and Mauralee Ramirez (PM) / CRD A Ramos / AUSA Robert Ciaffa, Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque, Dan Marino & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) (acr) (Entered: 01/04/2011)
01/04/2011868  MOTION to Exclude Testimony from William Pumford Regarding Exhibits 884-888 by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kleven McGann, Sarah) (lmt). (Entered: 01/04/2011)
01/05/2011869 RESPONSE in Opposition by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 868 MOTION to Exclude Testimony from William Pumford Regarding Exhibits 884-888 (Pierson, Melanie) (lmt). (Entered: 01/05/2011)
01/05/2011870  MOTION to Exclude Evidence Relating to 2003 Sales to Mattco Forge, Inc. by Western Titanium, Inc., Daniel Schroeder, John Cotner, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A)(Finley, Tillman) (lmt). (Entered: 01/05/2011)
01/05/2011871  MOTION to Exclude Witnesses Jon Lindbeck by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Rose, Robert) (atty contacted re cert of service) (lmt). (Entered: 01/05/2011)
01/05/2011872 Certificate of Service by Cheem Ang as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 871 MOTION to Exclude Witnesses Jon Lindbeck (Rose, Robert) (lmt). (Entered: 01/05/2011)
01/05/2011874 Minute Entry for trial proceedings (29th Day) held before Judge Janis L. Sammartino : Evidentiary Hearing re John Lindbeck held (w/out jury present); sworn witnesses; exhibits marked and recieved. Matter continued to 1/6/2011 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) and Mauralee Ramirez (PM) / CRD A Ramos / AUSA Robert Ciaffa, Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque, Dan Marino & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) (acr) (Entered: 01/06/2011)
01/06/2011873 REPLY TO RESPONSE to Motion by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II re 850 MOTION to Exclude Evidence Regarding C&C Machine Co.'s Prototype Confluence Fittings and/or Pioneer Aerospace's Parachute Assembly (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A-F)(Finley, Tillman) (lmt). (Entered: 01/06/2011)
01/06/2011875 Minute Entry for trial proceedings (30th Day) held before Judge Janis L. Sammartino : Witnesses sworn; exhibits marked and received; Dan Marino's oral motion (sidebar) to exclude/strike Mr. Pumford's testimony is reserved; Mr. Coughlan's oral motion (sidebar) for severance is reserved; defense counsel's joint oral motion (sidebar) to strike Paul Maloney's testimony in its entirety is reserved; Parties to efile bullet-point brief re Mr. Maloney's testimony. Matter is continued to 1/10/2011 at 9:00 AM before Judge Janis L. Sammartino (Court Reporter Gayle Wakefield (AM) and Mauralee Ramirez (PM) / CRD A Ramos / AUSA Stacey Sullivan, Melanie Pierson & Amie Rooney / RETD Nancy Luque, Dan Marino & Sara McGann for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose & Frank Polek for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) (acr) (Entered: 01/06/2011)
01/10/2011876 Minute Entry for trial proceedings held before Judge Janis L. Sammartino : In session w/out jury present. Status Hearing continued to 1/12/2011 at 10:00 AM before Judge Janis L. Sammartino; Jury to report back at 1:30 PM (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Phillip Halpern, Stacey Sullivan & Melanie Pierson / RETD Nancy Luque for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) (acr) (Entered: 01/11/2011)
01/11/2011877 Motion to Seal Exhibits - TRIAL BRIEF by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Pierson, Melanie) Modified to change event on 1/12/2011 (lmt). (Entered: 01/11/2011)
01/12/2011878 Minute Entry for proceedings held before Judge Janis L. Sammartino : Case dismissed w/out prejudice as to Daniel Schroeder (2), Brian Misak (3), John Cotner (4), Cheem Ang (5), Integrated Titanium Group I (7) & II (8). By 1/12/2012, Govt may efile a motion and proposed order to dismiss defendants w/prejudice as long as defendants are in full compliance of the terms and conditions of the Deferred Prosecution Agreement. No court appearances are required. Court orders that the bonds be exonerated and the passports be returned to the defendants immediately. All pending motions are withdrawn as moot and all pending dates are vacated (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Phillip Halpern, Stacey Sullivan & Melanie Pierson / RETD Nancy Luque for Daniel Schroeder (2) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) (acr) (Entered: 01/12/2011)
01/12/2011879 Minute Entry for proceedings held before Judge Janis L. Sammartino : Lisa Schroeder appears as corporate officer for Western Titanium, Inc (1) and Mach 2 Metals, Inc (6). Western Titanium, Inc., (1) and Mach 2 Metals, Inc. (6) changes to guilty plea on Count 11 of the 2nd Superseding Indictment. Court orders a Presentence Report be prepared and Sentence for both corporate defendants is set for 4/29/2011 at 9:00 AM before Judge Janis L. Sammartino. All pending motions are withdrawn (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Phillip Halpern, Stacey Sullivan & Melanie Pierson / RETD Nancy Luque for Western Titanium (1) & Mach 2 Metals (6) (acr) (Entered: 01/12/2011)
01/12/2011880 Minute Entry for proceedings held before Judge Janis L. Sammartino : In session w/jury present; Court excuses the jury from further service (Court Reporter Gayle Wakefield / CRD A Ramos / AUSA Phillip Halpern, Stacey Sullivan & Melanie Pierson / RETD Nancy Luque for Western Titanium (1), Daniel Schroeder (2) and Mach 2 Metals (6) / Raymond J. Coughlan and Harold Trimmer for Brian Misak (3) / Eugene Iredale and Ruth Phillips for John Cotner (4) / Robert Rose for Cheem Ang (5) / Lisa Schroeder for Intergrated Titanuim Group I (7) and II (8) (acr) (Entered: 01/12/2011)
01/12/2011881 PLEA AGREEMENT as to Western Titanium, Inc. (1) (acr) (Entered: 01/12/2011)
01/12/2011882 DEFERRED PROSECUTION AGREEMENT as to Daniel Schroeder (2) (acr) (Entered: 01/12/2011)
01/12/2011883 DEFERRED PROSECUTION AGREEMENT as to Brian Misak (3) (acr) (Entered: 01/12/2011)
01/12/2011884 DEFERRED PROSECUTION AGREEMENT as to John Cotner (4) (acr) (Entered: 01/12/2011)
01/12/2011885 DEFERRED PROSECUTION AGREEMENT as to Cheem Ang (5) (acr) (Entered: 01/12/2011)
01/12/2011886 PLEA AGREEMENT as to Mach 2 Metals, Inc. (6) (acr) (Entered: 01/12/2011)
01/12/2011887 JOINT TRIAL WITNESS LIST (acr) (Entered: 01/12/2011)
01/12/2011888 JOINT TRIAL EXHIBIT LIST (acr) (Entered: 01/12/2011)
01/12/2011891 ABSTRACT OF ORDER Releasing Daniel Schroeder and 16 Bond Exonerated . (lmt) (Entered: 01/13/2011)
01/12/2011893 ABSTRACT OF ORDER Releasing Brian Misak and 20 Bond Exonerated. (lmt) (Entered: 01/13/2011)
01/12/2011895 ABSTRACT OF ORDER Releasing John Cotner and 8 Bond Exonerated. (lmt) (Entered: 01/13/2011)
01/12/2011897 ABSTRACT OF ORDER Releasing Cheem Ang and 24 Bond Exonerated. (lmt) (Entered: 01/13/2011)
01/12/2011899 ABSTRACT OF ORDER Releasing Integrated Titanuim Group I. Case Dismissed. (lmt) (Entered: 01/13/2011)
01/12/2011901 ABSTRACT OF ORDER Releasing Integrated Titanium Group II. Case Dismissed. (lmt) (Entered: 01/13/2011)
01/13/2011889 ORDER granting 877 Motion to Seal Exhibits: Exhibits B and C of 820 (Doc. Nos. 820-3 and 820-4) shall be placed under seal. Signed by Judge Janis L. Sammartino on 1/13/11.(lmt) (Entered: 01/13/2011)
01/13/2011890 JUDGMENT OF DISMISSAL in Criminal Case as to Daniel Schroeder (2), Count(s) 1, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 15ss, 2ss, 3ss, 4ss, 7ss, Defendants' motion to dismiss granted.; Count(s) 16ss-18ss, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 19ss, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 1s, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 1ss, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 2-8, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 2s-64s, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 5ss, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 6ss, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 8ss-14ss, Dismissed w/out prejudice on Govt's motion (1/12/2011). Signed by Judge Janis L. Sammartino on 1/12/11. (lmt) (av1). (Entered: 01/13/2011)
01/13/2011892 JUDGMENT OF DISMISSAL in Criminal Case as to Brian Misak (3), Count(s) 1, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 16ss-18ss, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 19ss, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 1s, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 1ss, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 2-8, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 2s-64s, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 5ss-6ss, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 8ss-14ss, Dismissed w/out prejudice on Govt's motion (1/12/2011). Signed by Judge Janis L. Sammartino on 1/12/11. (lmt) (cap). (Entered: 01/13/2011)
01/13/2011894 JUDGMENT OF DISMISSAL in Criminal Case as to John Cotner (4), Count(s) 1, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 15ss, 2ss, 3ss, 4ss, 7ss, Defendants' motion to dismiss granted.; Count(s) 1s, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 1ss, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 2-8, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 2s-64s, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 5ss, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 6ss, Dismissed w/out prejudice on Govt's motion (1/12/2011). Signed by Judge Janis L. Sammartino on 1/12/11. (lmt)(av1). (Entered: 01/13/2011)
01/13/2011896 JUDGMENT OF DISMISSAL in Criminal Case as to Cheem Ang (5), Count(s) 1, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 15ss, 2ss, 3ss, 4ss, 7ss-14ss, Defendants' motion to dismiss granted.; Count(s) 16ss-18ss, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 19ss, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 1s, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 1ss, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 2-8, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 2s-64s, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 5ss, Dismissed w/out prejudice on Govt's motion (1/12/2011); Count(s) 6ss, Dismissed w/out prejudice on Govt's motion (1/12/2011). Signed by Judge Janis L. Sammartino on 1/12/11. (lmt)(av1). (Entered: 01/13/2011)
01/13/2011898 JUDGMENT OF DISMISSAL in Criminal Case as to Integrated Titanuim Group I (7), Count(s) 1, Dismissed w/out prejudice on Govt's motion (1/12/2011). Signed by Judge Janis L. Sammartino on 1/12/11. (lmt) (cap). (Entered: 01/13/2011)
01/13/2011900 JUDGMENT OF DISMISSAL in Criminal Case as to Integrated Titanium Group II (8), Count(s) 1, Dismissed w/out prejudice on Govt's motion (1/12/2011). Signed by Judge Janis L. Sammartino on 1/12/11. (lmt) (cap). (Entered: 01/13/2011)
01/13/2011902 COURT EXHIBITS 1-11 (acr) (Entered: 01/13/2011)
01/21/2011903 Judgment of Dismissal Returned Executed as to Daniel Schroeder on 1/20/11. (lmt) (Entered: 01/21/2011)
01/21/2011904 Judgment of Dismissal Returned Executed as to Brian Misak on 1/20/11. (lmt) (Entered: 01/21/2011)
01/21/2011905 Judgment of Dismissal Returned Executed as to Cheem Ang on 1/20/11. (lmt) (Entered: 01/21/2011)
01/21/2011906 Judgment of Dismissal Returned Executed as to Integrated Titanuim Group I on 1/20/11. (lmt) (Entered: 01/21/2011)
01/21/2011907 Judgment of Dismissal Returned Executed as to John Cotner on 1/20/11. (lmt) (Entered: 01/21/2011)
02/28/2011908 NOTICE OF HEARING as to Defendants Western Titanium, Inc., and Mach 2 Metals, Inc. : On Court's own motion, Sentence With PSR reset from Friday, 4/29/2011 to Monday, 5/2/2011 09:00 AM before Judge Janis L. Sammartino (acr) (Entered: 02/28/2011)
03/03/2011909 Joint MOTION for Leave to File Certain Pleadings Under Seal by Western Titanium, Inc., Daniel Schroeder, Mach 2 Metals, Inc. as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II. (Finley, Tillman) (ag). (Entered: 03/03/2011)
03/04/2011910 ORDER granting 909 Consent Motion to Seal Certain Pleadings and hereby Orders that the certain Docket Entries be placed under seal and removed from the publicly-accessible docket.(All non-registered users served via U.S. Mail Service)(rlu)(mam). (Entered: 03/04/2011)
03/28/2011911  MOTION To Maintain May 2, 2011 Sentencing by Western Titanium, Inc., Mach 2 Metals, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Luque, Nancy) (lmt). (Entered: 03/28/2011)
04/14/2011912  MOTION for Extension of Time to File Sentencing Materials by Western Titanium, Inc., Mach 2 Metals, Inc.. (Luque, Nancy) (lmt). (Entered: 04/14/2011)
04/18/2011913 ORDER granting 912 Motion for Extension of Time to File Sentencing Materials as to Western Titanium, Inc. (1), Mach 2 Metals, Inc. (6): Western Titanium, Inc. and Mach 2 Metals, Inc. shall file any objections to the presentence report, motions for departure, sentencing memoranda, and completed sentencing summary charts no later than 3 days following their receipt of the presentence report. The Probation Office is authorized to deliver the presentence report to counsel of record for Western Titanium, Inc. and Mach 2 Metals, Inc. by email at or about the time said report is submitted to the Court. Signed by Judge Janis L. Sammartino on 4/18/11.(lmt) (Entered: 04/18/2011)
04/27/2011914 SENTENCING SUMMARY CHART re Western Titanium by USA as to Western Titanium, Inc., Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Mach 2 Metals, Inc., Integrated Titanuim Group I, Integrated Titanium Group II (Pierson, Melanie) (lmt). (Entered: 04/27/2011)
04/27/2011915 SENTENCING SUMMARY CHART by USA as to Mach 2 Metals, Inc. (Pierson, Melanie) (lmt). (Entered: 04/27/2011)
04/29/2011916 SENTENCING MEMORANDUM by Western Titanium, Inc., Mach 2 Metals, Inc. (Attachments: # 1 Exhibit A-P, # 2 Exhibit Q-U, # 3 Exhibit V-GG)(Finley, Tillman) (lmt). (Entered: 04/29/2011)
04/29/2011917 SENTENCING SUMMARY CHART by Western Titanium, Inc., Mach 2 Metals, Inc. (Finley, Tillman) (lmt). (Entered: 04/29/2011)
04/29/2011918 SENTENCING MEMORANDUM by USA as to Western Titanium, Inc. (Pierson, Melanie) (lmt). (Entered: 04/29/2011)
05/02/2011924 Minute Entry for proceedings held before Judge Janis L. Sammartino : Sentence With PSR for Western Titanium, Inc. (1) on count 11 of the Second Superseding Indictment. Probation for 5 years; $400 special assessment; $51,350.00 restitution and $90,000.00 fine imposed. Remaining counts and underlying Indictments dismissed on Govt's oral motion (Court Reporter Gayle Wakefield / CRD A Ramos / USPO Stephen Black & Lisa Delaney / AUSA Stacey Sullivan, Melanie Pierson & Phillip Halpern / RETD Nancy Luque, Sarah Kleven McGann & Lisa Schroeder) (acr) (Entered: 05/03/2011)
05/02/2011925 Minute Entry for proceedings held before Judge Janis L. Sammartino : Sentence With PSR for Mach 2 Metals, Inc. (6) on count 11 of the Second Superseding Indictment. Probation for 5 years; $400 special assessment; $51,350.00 restitution and $90,000.00 fine imposed. Remaining counts and underlying Indictments dismissed on Govt's oral motion (Court Reporter Gayle Wakefield / CRD A Ramos / USPO Stephen Black & Lisa Delaney / AUSA Stacey Sullivan, Melanie Pierson & Phillip Halpern / RETD Nancy Luque, Sarah Kleven McGann & Lisa Schroeder) (acr) (Entered: 05/03/2011)
05/03/2011926 JUDGMENT as to Western Titanium, Inc. (1), Count(s) 1, 12ss-14ss, 16ss, 17ss-18ss, 19ss, 1s, 1ss, 2-8, 2s, 3s-64s, 5ss, 6ss, 8ss-10ss, Dismissed on Govt's oral motion; Count(s) 11ss, Probation for 5 years; $400 special assessment; $51,350.00 restitution and $90,000.00 fine imposed; Count(s) 15ss, 2ss, 3ss, 4ss, 7ss, Defendants' motion to dismiss granted. Signed by Judge Janis L. Sammartino. (lmt) (av1). (Entered: 05/04/2011)
05/03/2011927 JUDGMENT as to Mach 2 Metals, Inc. (6), Count(s) 1, 18s, 1s, 63-64, Dismissed on Govt's oral motion; Count(s) 11s, Probation for 5 years; $400 special assessment; $51,350.00 restitution and $90,000.00 fine imposed. Signed by Judge Janis L. Sammartino. (lmt) (Entered: 05/04/2011)
05/06/2011928 Judgment Returned Executed as to Western Titanium, Inc. on 5/5/11. (lmt) (Entered: 05/06/2011)
05/06/2011929 Judgment Returned Executed as to Mach 2 Metals, Inc. on 5/5/11. (lmt) (Entered: 05/06/2011)
05/13/2011930 AMENDED JUDGMENT as to Mach 2 Metals, Inc. (6), Count(s) 1, 18s, 1s, 63-64, Dismissed on Govt's oral motion; Count(s) 11s, Probation for 5 years; $400 special assessment; $51,350.00 restitution and $90,000.00 fine imposed. Signed by Judge Janis L. Sammartino. (lmt) (cap). (Main Document 930 replaced on 5/16/2011) (lmt). (Entered: 05/13/2011)
05/13/2011931 AMENDED JUDGMENT as to Western Titanium, Inc. (1), Count(s) 1, 12ss-14ss, 16ss, 17ss-18ss, 19ss, 1s, 1ss, 2-8, 2s, 3s-64s, 5ss, 6ss, 8ss-10ss, Dismissed on Govt's oral motion; Count(s) 11ss, Probation for 5 years; $400 special assessment; $51,350.00 restitution and $90,000.00 fine imposed; Count(s) 15ss, 2ss, 3ss, 4ss, 7ss, Defendants' motion to dismiss granted. Signed by Judge Janis L. Sammartino. (lmt) (Main Document 931 replaced on 5/16/2011) (lmt). (Entered: 05/13/2011)
05/17/2011932 Amended Judgment Returned Executed as to Western Titanium, Inc. on 5/16/11. (lmt) (Entered: 05/17/2011)
05/17/2011933 Amended Judgment Returned Executed as to Mach 2 Metals, Inc. on 5/16/11. (lmt) (Entered: 05/17/2011)
05/31/2011934 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Sentencing Hearing) as to Western Titanium, Inc., Mach 2 Metals, Inc., held on 5/2/2011, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Gayle Wakefield. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/21/2011. Redacted Transcript Deadline set for 7/1/2011. Release of Transcript Restriction set for 8/29/2011. (akr) (Entered: 05/31/2011)
01/11/2012935  MOTION to Dismiss Indictment by USA as to Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang, Integrated Titanuim Group I, Integrated Titanium Group II. (Pierson, Melanie) (lmt). (Entered: 01/11/2012)
01/12/2012936 Amended MOTION to Dismiss, MOTION to Dismiss Indictment by USA as to Daniel Schroeder, Brian Misak, John Cotner, Cheem Ang. (Pierson, Melanie) (lmt). (Entered: 01/12/2012)
01/13/2012937 Order and JUDGMENT Dismissing Charges with Prejudice as to Daniel Schroeder (2); Brian Misak (3) ; John Cotner (4); Cheem Ang (5). Signed by Judge Janis L. Sammartino on 1/13/12. (lmt) (cap). (Entered: 01/13/2012)