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USA v. Lacey et al

2:18-cr-00422 | Arizona District Court

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Division Phoenix
Judge Judge Diane J Humetewa
Filed March 28, 2018
Case Flags BOND, COMPLEX, PASSPORT, and PROTO
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6 Months
  • 10/24/2025
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Filing Date # Docket Text
3/14/2025Reply
3/10/2025Response to Motion
2/28/2025Order on Motion for Extension of Time to File Response/Reply
2/27/2025Extension of Time to File Response/Reply
2/11/2025Response
2/5/2025Order, ~Util - Set/Reset Hearings
2/5/2025Hearing
2/4/2025Order on Motion to Continue Sentencing
1/30/2025Leave to File Document
1/30/2025Continue Sentencing
1/30/2025Order on Motion for Leave to File Excess Pages , Order on Motion for Leave to File Excess Pages
1/27/2025Notice (Other), Notice (Other)
1/23/2025Notice of Errata, Notice of Errata
1/22/2025Memorandum
1/22/2025Joinder
1/21/2025Lodged Proposed Document, Lodged Proposed Document
1/21/2025File Excess Pages, File Excess Pages
1/17/2025Transcript, Transcript
1/17/2025Transcript, Transcript
1/15/2025Notice of Attorney Termination/Withdrawal, Notice of Attorney Termination/Withdrawal, Notice of Attorney Termination/Withdrawal, Notice of Attorney Termination/Withdrawal, Notice of Attorney Termination/Withdrawal, Notice of Attorney Termination/Withdrawal, Notice of Attorney Termination/Withdrawal
1/10/2025Witness List, Witness List
1/10/2025Witness List, Witness List
1/10/2025Exhibit List , Exhibit List
1/10/2025Notice (Other)
1/10/2025Transcript Request
1/10/2025Transcript Request
1/10/2025Notice of Deficiency re Transcript Request
1/9/2025Transcript Request
1/8/2025Transcript Request, Transcript Request
1/8/2025Transcript Request, Transcript Request
1/7/2025Restitution Hearing, Restitution Hearing
1/4/2025Notice of Change of Address/Email/Firm Name (Attorney)
1/4/2025Restitution Hearing, Restitution Hearing
1/3/2025ORDER denying 2270 Motion for Reconsideration as to Michael Lacey (1). Signed by Judge Diane J Humetewa on 1/3/2025.(LFIG)
1/2/2025Reply, Reply
12/30/2024Order on Motion for Leave to File Excess Pages
12/29/2024Order, ~Util - Set/Reset Hearings, ~Util - Set/Reset Hearings, Order
12/28/2024Joinder
12/27/2024Redacted Document
12/27/2024File Excess Pages
12/23/2024Response to Motion
12/20/2024Memorandum, Memorandum
12/19/2024Notice of Attorney Appearance/Substitution - USA
12/16/2024Order
12/13/2024Reconsideration
12/13/2024Transcript
12/10/2024Transcript Request
12/10/2024Transcript Request
12/6/2024Transcript Request
12/5/2024USCA Order, USCA Order, USCA Order
12/3/2024Order Setting Conditions of Release
12/3/20241 - Common Prompts (Text Only), Release Hearing (Text Only)
10/29/2024Order on Motion to Continue, Order on Motion to Continue
10/28/2024Continue , Continue , Continue
10/23/2024Notice of Disposition re Passport
10/17/2024Transcript - Appeal, Transcript - Appeal, Transcript - Appeal, Transcript - Appeal, Transcript - Appeal, Transcript - Appeal
10/17/2024Order on Motion for Medical Treatment , Order, ~Util - Set/Reset Deadlines/Hearings, ~Util - Set/Reset Deadlines/Hearings, Order
10/16/2024Order on Motion for Leave
10/10/2024Notice (Other)
10/9/2024Leave
10/9/2024Supplement
10/7/2024Status Report
10/3/2024Order on Motion to Continue Sentencing
9/30/2024Leave
9/30/2024Supplement
9/30/2024Response to Motion
9/30/2024Leave
9/30/2024Notice of Disposition re Passport
9/28/2024Order on Motion for Leave to Appear
9/28/2024Appear
9/28/2024USCA Order
9/28/2024 ORDER as to Scott Spear construing 2211 Emergency Motion as a Motion for Temporary Restraining Order. IT IS ORDERED that Core Civic shall file a Response to Defendant-Appellant's 2211 Motion for Temporary Restraining Order by 11:00 a .m. Monday, September 30, 2024. IT IS FURTHER ORDERED setting a Hearing for Monday, September 30, 2024 at 4:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 9/28/2024. (LFIG)
9/27/2024 ORDER as to Scott Spear: IT IS ORDERED the Clerk of Court shall send a copy of this Order to the Ninth Circuit Court of Appeals referencing Case Number 24-5375 and indicate that it is urgent. Signed by Judge Diane J Humetewa on 9/27/2024. (See Order for details.) (LFIG)
9/27/2024Medical Treatment
9/26/2024Appeal to 9th Circuit Court of Appeals - Fees
9/23/2024USCA Case Number
9/23/2024USCA Case Number
9/20/2024Notice of Cross Appeal
9/20/2024Notice of Cross Appeal
9/16/2024Transcript Request
9/12/2024Order
9/9/2024~Util - Set/Reset Deadlines/Hearings, Order, Status Conference (Text Only), 1 - Common Prompts (Text Only), Order on Motion to Continue
9/6/2024Continue
9/5/2024Continue Sentencing
9/4/2024USCA Case Number
9/4/2024USCA Case Number
9/4/2024USCA Case Number
9/4/2024Amended Judgment
9/3/2024Notice of Appeal
9/3/2024Order
9/3/2024Order
9/3/2024Notice of Appeal
9/3/2024Notice of Appeal
8/30/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT of SENTENCING - DAY 2 (PAGES 130-249) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst held on 08/28/2024, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 9/20/2024. Redacted Transcript Deadline set for 9/30/2024. Release of Transcript Restriction set for 11/29/2024. (RAP) (Entered: 08/30/2024)
8/30/2024SECOND AMENDED JUDGMENT OF ACQUITTAL as to John Brunst: IT IS ORDERED that the Defendant is now entitled to be discharged for the reason that the jury has returned its verdict, finding the Defendant not guilty as to Counts 2-51 and 63. IT IS FURTHER ORDERED that pursuant to the Court's Orders filed April 23, 2024, and April 26, 2024, and pursuant to the Court's Order in open court on August 27, 2024, the Defendant is hereby discharged as to Counts 69-70, 78-84 and 86-93 of the Superseding Indictment. IT IS FURTHER ORDERED and ADJUDGED that the Defendant is hereby acquitted and discharged as to these counts only pursuant to Rule 32(k), Federal Rules of Criminal Procedure. Signed by Judge Diane J Humetewa on 8/27/2024. (LFIG) (Entered: 08/30/2024)
8/30/2024JUDGMENT AND COMMITMENT ISSUED as to John Brunst (4), Defendant is committed to the custody of the Bureau of Prisons for a term of 120 months, which consists of 60 months on Count 1 and 60 months on Count 52, and 60 months on Counts 53-62 and 60 months on Counts 64-68. Counts 52, 53-62 and 64-68 shall run concurrent to each other but consecutive to Count 1. Upon release from imprisonment, the defendant shall be placed on supervised release for 3 years, which consists of 3 years on Count 1, 52-62, and 64-68, said terms to run concurrently. Special Assessment: $1,900.00; Fine: $50,000. Defendant is ordered to self-surrender to U.S. Marshal by 12:00 pm on 9/11/2024. Signed by Judge Diane J Humetewa on 8/29/24. (MJW) (Entered: 08/30/2024)
8/30/2024JUDGMENT AND COMMITMENT ISSUED as to Scott Spear (3), As to Counts 1, 2-18, 52, and 53-62 of the Superseding Indictment, defendant is committed to the custody of the Bureau of Prisons for 120 months, which consists of 60 months on Counts 1-18 and 60 months on Count 52, said counts to run concurrently; 60 months on Counts 53-62, which shall run concurrent to Count 52 and consecutive to Counts 1-18. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years, which consists of 3 years on Counts 1-18 and Counts 52-62, said counts to run concurrently. Defendant is ordered to self-surrender to U.S. Marshal by 12:00 pm on 9/11/2024. Signed by Judge Diane J Humetewa on 8/29/24. (MJW) (Additional attachment(s) added on 8/30/2024: # 1 Sealed Attachment) (REK). (Entered: 08/30/2024)
8/30/20242179AMENDED ORDER as to Michael Lacey: IT IS ORDERED setting a Telephonic Status Conference for 9/9/2024 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. The parties shall be prepared to discuss the retrial of pending counts of conviction against Defendant Lacey. Therefore, the parties shall meet and confer prior to the hearing to discuss the proposed length of trial and their availability for trial for the following weeks in 2024: 10/22, 10/29, 11/5, 11/12, 11/19, 12/3, and 12/10. Call-in information will be provided separately by email. ORDERED by Judge Diane J Humetewa on 8/30/2024. (Order amended to correct hearing date.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 08/30/2024)
8/30/20242178AMENDED by Doc. 2179 ORDER as to Michael Lacey: IT IS ORDERED setting a Telephonic Status Conference for 9/4/2024 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. The parties shall be prepared to discuss the retrial of pending counts of conviction against Defendant Lacey. Therefore, the parties shall meet and confer prior to the hearing to discuss the proposed length of trial and their availability for trial for the following weeks in 2024: 10/22, 10/29, 11/5, 11/12, 11/19, 12/3, and 12/10. Call-in information will be provided separately by email. ORDERED by Judge Diane J Humetewa on 8/30/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) Modified on 8/30/2024 (LFIG). (Entered: 08/30/2024)
8/29/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT of SENTENCING - DAY 1 (PAGES 1-129) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst held on 08/27/2024, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 9/19/2024. Redacted Transcript Deadline set for 9/30/2024. Release of Transcript Restriction set for 11/27/2024. (RAP) (Entered: 08/30/2024)
8/29/2024ORDER modifying conditions of pretrial release as to Michael Lacey. IT IS ORDERED that the defendant shall participate in home detention and abide by all program requirements. IT IS FURTHER ORDERED affirming all other conditions of pretrial release. Signed by Judge Diane J Humetewa on 8/28/24. (MJW) (Entered: 08/29/2024)
8/29/2024JUDGMENT AND COMMITMENT ISSUED as to Michael Lacey (1), As to Count 100 of the Superseding Indictment, the defendant is committed to the custody of the Bureau of Prisons for SIXTY (60) MONTHS, with credit for time served. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of THREE (3) YEARS. Special Assessment: $100.00; Fine: $3,000,000.00. The defendant shall self-surrender for service of sentence at the United States Marshal Office located in the Ronald Reagan Federal Building and US Courthouse by 12:00 PM on September 11, 2024. Signed by Judge Diane J Humetewa on 8/29/24. (MJW) (Entered: 08/29/2024)
8/29/2024TRANSCRIPT REQUEST by USA as to Michael Lacey, Scott Spear, John Brunst for proceedings held on 08/27/2024 - 08/28/2024, Judge Diane J Humetewa hearing judge(s). (Kozinets, Peter) (Entered: 08/29/2024)
8/28/20242171MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Sentencing as to Michael Lacey (1), Scott Spear (3), and John Brunst (4) held on 8/28/2024. The Court denies defendant Lacey's Motion for Bail 2156 , defendant Spear's Motion for Release Pending Appeal and/or Self-Surrender 2155 , and defendant Brunst's Motion for Bail Pending Appeal 2153 . Sentences imposed. Judgments to issue.

Appearances: AUSA Peter Kozinets, Margaret Perlmeter, Kevin Rapp, Austin Berry and Joseph Bozdech for the Government. Retained attorneys Paul Cambria and Erin McCampbell Paris for defendant Lacey. Retained attorney Bruce Feder and CJA attorney Eric Kessler for defendant Spear. Retained attorneys Gary Lincenberg and Gopi Panchapakesan for defendant Brunst.. Defendants are present and released. (Court Reporter Hilda Lopez.) Hearing held 9:34 am to 3:33 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MJW) (Entered: 08/29/2024)
8/28/2024TRANSCRIPT REQUEST by Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 8/27/2024, 8/28/24, Judge Diane J Humetewa hearing judge(s). (Cambria, Paul) (Entered: 08/28/2024)
8/28/2024TRANSCRIPT REQUEST by Scott Spear for proceedings held on August 27, 2024 and August 28, 2024, Judge Diane J Humetewa hearing judge(s). (Kessler, Eric) (Entered: 08/28/2024)
8/27/20242168MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: This is the time set for Sentencing as to Michael Lacey (1), Scott Spear (3), John Brunst (4) held on 8/27/2024. Sentencing will resume on 8/28/2024 at 9:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa.

Appearances: AUSA Peter Kozinets, Margaret Perlmeter, Kevin Rapp, Austin Berry and Joseph Bozdech for the Government. Retained attorneys Paul Cambria and Erin McCampbell Paris for defendant Lacey. Defendant is present and released. Retained (Knapp) attorney Bruce Feder and CJA attorney Eric Kessler for defendant Spear. Defendant is present and released. Retained attorneys Gary Lincenberg and Gopi Panchapakesan for defendant Brunst. Defendant is present and released. (Court Reporter Hilda Lopez.) Hearing held 9:37 AM to 4:15 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 08/28/2024)
8/26/2024NOTICE OF ERRATA re: 2137 Lodged Proposed Document, by USA as to Michael Lacey, Scott Spear, John Brunst.. (Attachments: # 1 Exhibit A)(Rapp, Kevin) (Entered: 08/26/2024)
8/25/2024ORDER re: Objections as to Michael Lacey, Scott Spear, John Brunst. Signed by Judge Diane J Humetewa on 8/25/2024. (See Order for details.) (LFIG) (Entered: 08/25/2024)
8/24/2024RESPONSE in Opposition re: 2128 MOTION for Leave to File Excess Pages on Government's Consolidated Sentencing Memorandum by Michael Lacey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Cambria, Paul) (Entered: 08/24/2024)
8/23/20242159ORDER as to Michael Lacey (1), John Brunst (4), IT IS ORDERED granting the 2157 , 2158 Motions for Leave to File Excess Pages as to Michael Lacey (1), John Brunst (4) and Defendants may exceed the page limit as requested for their respective Motions. ORDERED by Judge Diane J Humetewa on 8/23/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 08/23/2024)
8/23/2024 MOTION for Leave to File Excess Pages re: 2152 Response by John Brunst. (Attachments: # 1 Proposed Order)(Panchapakesan, Gopi) (Entered: 08/23/2024)
8/23/2024 MOTION for Leave to File Excess Pages re: 2156 MOTION Bail Pending Appeal by Michael Lacey. (Attachments: # 1 Proposed Order)(Cambria, Paul) (Entered: 08/23/2024)
8/23/2024 MOTION Bail Pending Appeal by Michael Lacey. (Cambria, Paul) (Entered: 08/23/2024)
8/23/2024 MOTION FOR RELEASE PENDING APPEAL AND/OR FOR SELF-SURRENDER by Scott Spear. (Feder, Bruce) (Entered: 08/23/2024)
8/23/2024MEMORANDUM by USA as to Michael Lacey, Scott Spear, John Brunst re: 2122 Order,, Opposition to Defendants' Self-Surrender and Anticipated Motion for Release Pending Appeal. (Rapp, Kevin) (Entered: 08/23/2024)
8/23/2024 MOTION for Bail Pending Appeal by John Brunst. (Attachments: # 1 Exhibit A)(Lincenberg, Gary) (Entered: 08/23/2024)
8/22/2024RESPONSE re: 2129 Lodged Proposed Document Government's Sentencing Memorandum by John Brunst. (Lincenberg, Gary) (Entered: 08/22/2024)
8/22/2024RESPONSE re: 2133 Lodged Proposed Document, 2138 Sentencing and/or Disposition Memorandum, 2136 Lodged Proposed Document (Consolidated Response to Defendants' Sentencing Memoranda) by USA as to Michael Lacey, Scott Spear, John Brunst. (Kozinets, Peter) (Entered: 08/22/2024)
8/22/2024RESPONSE re: 2129 Lodged Proposed Document - United States' Consolidated Sentencing Memorandum by Scott Spear. (Feder, Bruce) (Entered: 08/22/2024)
8/22/2024NOTICE OF ERRATA re: 2124 Objection to Presentence Investigation Report by Michael Lacey. (Cambria, Paul) *Modified to add linkage on 8/23/2024 (DXD). (Entered: 08/22/2024)
8/19/20242139ORDER as to Michael Lacey (1), Scott Spear (3), John Brunst (4): Upon consideration and finding good cause appearing, IT IS ORDERED granting the United States' 2128 , 2135 Motions for Leave to File Excess Pages. The Clerk of Court shall reflect the United States' 2129 Consolidated Sentencing Memorandum and 2137 Response to Objections to the PSRs as filed. IT IS FURTHER ORDERED granting the 2132 Motion for Leave to File Excess Pages as to Michael Lacey (1). Defendant Lacey's 2133 Sentencing Memorandum is considered filed and Mr. Lacey is permitted to submit 16 character letters. IT IS FURTHER ORDERED granting the 2134 Motion for Leave to File Excess Pages as to John Brunst (4). Defendant Brunst's 2136 Sentencing Memorandum is considered filed. ORDERED by Judge Diane J Humetewa on 8/19/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 08/19/2024)
8/19/2024SENTENCING MEMORANDUM by Scott Spear. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Feder, Bruce) (Entered: 08/19/2024)
8/19/2024United States' Consolidated Response to Defendant Michael Lacey, Scott Spear, and John Brunst's Objections to Presentence Investigation Reports by USA as to Michael Lacey, Scott Spear, John Brunst. (Attachments: # 1 Exhibit A)(Kozinets, Peter) Modified on 8/19/2024 to reflect as filed per Doc. 2139. (LFIG) (Entered: 08/19/2024)
8/19/2024Defendant John Brunst's Sentencing Memorandum by John Brunst. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lincenberg, Gary) Modified on 8/19/2024 to reflect as filed per Doc. 2139. (LFIG) (Entered: 08/19/2024)
8/19/2024 MOTION for Leave to File Excess Pages on Government's Consolidated Response to Defendant's Objections to Presentence Investigation Reports by USA as to Michael Lacey, Scott Spear, John Brunst. (Attachments: # 1 Proposed Order)(Kozinets, Peter) (Entered: 08/19/2024)
8/19/2024 MOTION for Leave to File Excess Pages Re: Sentencing Memorandum by John Brunst. (Attachments: # 1 Proposed Order)(Panchapakesan, Gopi) (Entered: 08/19/2024)
8/19/2024Sentencing Memorandum and Exhibits by Michael Lacey . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Cambria, Paul) Modified on 8/19/2024 to reflect as filed per Doc. 2139. (LFIG) (Entered: 08/19/2024)
8/19/2024 MOTION for Leave to File Excess Pages and Additional Letters of Support by Michael Lacey. (Attachments: # 1 Proposed Order)(Cambria, Paul) (Entered: 08/19/2024)
8/19/2024United States' Consolidated Sentencing Memorandum by USA as to Michael Lacey, Scott Spear, John Brunst. (Attachments: # 1 Exhibit A)(Rapp, Kevin) Modified on 8/19/2024 to reflect as filed per Doc. 2139. (LFIG) (Entered: 08/19/2024)
8/19/2024 MOTION for Leave to File Excess Pages on Government's Consolidated Sentencing Memorandum by USA as to Michael Lacey, Scott Spear, John Brunst. (Attachments: # 1 Proposed Order)(Rapp, Kevin) (Entered: 08/19/2024)
8/14/2024NOTICE of Change of Firm by Michael Lacey. (Cook, Janey) (Entered: 08/14/2024)
8/12/2024OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Scott Spear as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught (AMENDED - ADDITIONS IN BOLD). (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B)(Feder, Bruce) (Entered: 08/12/2024)
8/12/2024OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Michael Lacey . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cambria, Paul) (Entered: 08/12/2024)
8/12/2024OBJECTION TO PRESENTENCE INVESTIGATION REPORT by John Brunst . (Lincenberg, Gary) (Entered: 08/12/2024)
8/6/20242122ORDER as to Michael Lacey, Scott Spear, John Brunst: The Court's review of the draft PSRs for Defendants Lacey, Brunst, and Spear indicate that each face lengthy custody terms. Accordingly, IT IS ORDERED that by noon on August 23, 2023, the parties shall file Memoranda limited to seven (7) pages, stating whether they seek release pending appeal or opposition thereto, and the reasons for the position. Defendants may file their Memoranda jointly or separately. ORDERED by Judge Diane J Humetewa on 8/6/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 08/06/2024)
7/18/20242118ORDER as to Michael Lacey: IT IS ORDERED denying Defendant Lacey's request to reconsider and reset the sentencing dates, but grants, conditionally, Defendant Lacey's requested extension (Doc. 2117 ). Defendant Lacey may have until 8/24/2024 to file his response to the sentencing memorandum. However, the Court will expect Defendant Lacey's response on 8/22/2024, if Ms. McCampbell Paris' Ninth Circuit oral argument is ultimately vacated. ORDERED by Judge Diane J Humetewa on 7/18/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 07/18/2024)
7/18/2024NOTICE OF RESOLUTION OF SCHEDULING CONFLICT AND RECONSIDERATION OF SENTENCING DATE by Michael Lacey. (Cambria, Paul) (Entered: 07/18/2024)
7/17/20242116ORDER: IT IS ORDERED granting Defedant's 2113 Motion to Withdraw Lacey's Objections to PSR and Replace with Amended Objections to PSR as to Michael Lacey (1). ORDERED by Judge Diane J Humetewa on 7/17/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 07/17/2024)
7/16/2024ORDER as to Michael Lacey, Scott Spear, John Brunst: IT IS ORDERED the parties may file revised objections to the revised PSRs by 5:00 p.m. on August 12, 2024. Any response to an objection shall be filed by 5:00 p.m. on August 19, 2024. No replies are permitted. IT IS FURTHER ORDERED that the Sentencing dates of August 27-28, 2024, at 9:30 a.m. are affirmed. IT IS FURTHER ORDERED that any sentencing motions or sentencing memorandum shall be filed by August 19, 2024. Any response thereto shall be filed August 22, 2024. Signed by Judge Diane J Humetewa on 7/16/2024. (LFIG) (Entered: 07/16/2024)
7/10/2024OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Michael Lacey Amended Objections to Presentence Investigation Report to Replace Doc. 2101. (Cambria, Paul) (Entered: 07/10/2024)
7/10/2024First MOTION to Withdraw Document 2101 Objection to Presentence Investigation Report and Substitute with Amended Objections to Presentence Investigation Report by Michael Lacey. (Cambria, Paul) (Entered: 07/10/2024)
7/9/2024NOTICE of Objections to Scheduling Order by Michael Lacey, Scott Spear, John Brunst re: 2108 Order,,,,,, Set Hearings,,,,,. (Lincenberg, Gary) (Entered: 07/09/2024)
7/9/2024NOTICE of Disassociation of Counsel by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin) (Entered: 07/09/2024)
7/9/2024NOTICE of Disassociation of Counsel by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin) (Entered: 07/09/2024)
7/3/20242109ORDER: IT IS ORDERED granting the United States' 2106 Motion for Leave to File Excess Pages as to Michael Lacey (1), Scott Spear (3), John Brunst (4). IT IS FURTHER ORDERED the Clerk of Court shall reflect the United States' Consolidated Response to Defendants' Objections to the PSR (Doc. 2107 ) as filed. ORDERED by Judge Diane J Humetewa on 7/3/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 07/03/2024)
7/3/20242108ORDER as to Michael Lacey, Scott Spear, John Brunst: IT IS ORDERED that upon request of the U.S. Probation Officers assigned, the Court will continue Sentencing proceedings to permit U.S. Probation to lodge a revised Presentence Report ("PSR") for each of the Defendants by July 29, 2024. Defendants are permitted to withdraw, renew or file new objections thereto by August 5, 2024. Any revised response to Defendants' objections is limited to seven (7) pages and is due by August 8, 2024. U.S. Probation shall file their addendums by August 15, 2024. IT IS FURTHER ORDERED continuing Sentencing to Tuesday, August 27, 2024 at 9:30 AM - Wednesday, August 28, 2024 in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. The parties may file any sentencing memoranda seven (7) days in advance of the sentencing date. IT IS FURTHER ORDERED that to the extent the parties have any objection to the new sentencing date, they shall meet and confer, and by no later than July 10, 2024, file such objection with specificity. ORDERED by Judge Diane J Humetewa on 7/3/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 07/03/2024)
6/28/2024RESPONSE-United States' Consolidated Response to Defendant Michael Lacey, Scott Spear, and John Brunst's Objections to Presentence Investigation Report by USA as to Michael Lacey, Scott Spear, John Brunst. (Attachments: # 1 Attachment A, # 2 Attachment B)(Kozinets, Peter) Modified on 7/3/2024 to reflect as filed. (LFIG) (Entered: 06/28/2024)
6/28/2024 MOTION for Leave to File Excess Pages on Government's Consolidated Response to Defendant's Objections to Presentence Investigation Reports by USA as to Michael Lacey, Scott Spear, John Brunst. (Attachments: # 1 Proposed Order)(Kozinets, Peter) (Entered: 06/28/2024)
6/24/2024STATUS REPORT Joint Status Report Re Sentencing by Michael Lacey, Scott Spear, John Brunst. (Lincenberg, Gary) (Entered: 06/24/2024)
6/20/2024OBJECTION TO PRESENTENCE INVESTIGATION REPORT by John Brunst (Supplemental). (Lincenberg, Gary) (Entered: 06/20/2024)
6/20/2024OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Scott Spear . (Kessler, Eric) (Entered: 06/20/2024)
6/20/2024WITHDRAWN by Doc. 2116 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Michael Lacey . (Cambria, Paul) Modified on 7/17/2024 (LFIG). (Entered: 06/20/2024)
6/13/20242100ORDER as to Michael Lacey, Scott Spear, John Brunst: IT IS ORDERED clarifying upcoming deadlines. To the extent not already filed, Defendants Brunst, Spear, and Lacey shall file any objections to their PSRs no later than June 20, 2024. The Government shall file a consolidated response no later than June 28, 2024. No further extensions of time will be considered by the Court. ORDERED by Judge Diane J Humetewa on 6/13/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 06/13/2024)
6/4/2024TRANSCRIPT REQUEST (3PY/NON-PARTY) by David Harris of Sico Hoelscher Harris LLP (Corpus Christi, TX)) as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught for TRIAL proceedings held on 09/01/2021 (PM), 09/09/2021 (PM), 09/12/2023 (PM), 10/20/2023 (PM), & 10/24/2023 (AM), Judge Susan M Brnovich, Judge Diane J Humetewa hearing judge(s). (RAP) (Entered: 06/04/2024)
6/3/20242097NOTICE TO FILER OF DEFICIENCY re: 2096 Transcript Request filed by David M Morgan. Outdated/Non-District form used. FOLLOW-UP ACTION REQUIRED: Please use the most current AZD form published and available through the district's website. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 06/03/2024)
6/3/2024TRANSCRIPT REQUEST (3rd Party Request) Jury Trial by Joye Vaught for proceedings held on 9/1/2021, 9/9/2021, 9/12/2023, 10/20/2023, and 10/24/2023, Judge Susan M Brnovich, Judge Diane J Humetewa hearing judge(s). (Harris, David) (Entered: 06/03/2024)
5/15/20242095ORDER that individual Responses to PSRs for Defendants Michael Lacey (1), Scott Spear (3), and John Brunst (4), shall be due on or before June 28, 2024. No replies will be permitted. ORDERED by Judge Diane J Humetewa on 5/15/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NSH) (Entered: 05/15/2024)
5/14/2024TRANSCRIPT REQUEST by Michael Lacey for proceedings held on May 13, 2024, Judge Diane J Humetewa hearing judge(s). (Cambria, Paul) (Entered: 05/14/2024)
5/13/20242094MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Status Conference as to Michael Lacey held on 5/13/2024. Argument heard. IT IS ORDERED that the Court will proceed with Sentencing as to Mr. Lacey and the 8/6/2024 Jury Trial is hereby vacated. IT IS FURTHER ORDERED granting the United States' Motion (Doc. 2089 ) to the extent that a Response to Defendant Brunst's PSR Objections is due 5/20/2024. IT IS FURTHER ORDERED resetting Sentencing as to Defendants Lacey (1), Spear (3) and Brunst (4) for 7/9/2024 at 9:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa.

Appearances: AUSA Andrew Stone, Kevin Rapp, Margaret Perlmeter and Peter Kozinets for the Government; Retained attorneys Paul Cambria and Erin Paris for defendant. Defendant is present and released. (Court Reporter Hilda Lopez.) Hearing held 3:44 PM to 4:24 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 05/14/2024)
5/12/2024REPLY TO RESPONSE to Motion by Michael Lacey re: 2080 MOTION Request for Status Conference . (Cambria, Paul) (Entered: 05/12/2024)
5/10/2024RESPONSE in Opposition by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 2080 MOTION Request for Status Conference . (Stone, Andrew) (Entered: 05/10/2024)
5/8/2024TRANSCRIPT REQUEST (3PY) by Jessica Woodard of Edelson PC (Chicago, IL) as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, & (D7)Joye Vaught for WITNESS TESTIMONY proceedings held between 09/12/2023 through 10/24/2023, Judge Diane J Humetewa hearing judge(s). (RAP) (Entered: 05/08/2024)
5/3/2024 MOTION for Extension of Time to File Response/Reply Consolidated Response to All Defendants' Objections to the Presentence Investigation Reports, and to Reset Sentencing for All Defendants for July 9, 2024 by USA as to Michael Lacey, Scott Spear, John Brunst. (Attachments: # 1 Proposed Order)(Rapp, Kevin) (Entered: 05/03/2024)
5/3/2024ORDER as to Michael Lacey: IT IS ORDERED that on or before May 8, 2024, the Government and counsel for Mr. Lacey shall meet and confer regarding the issues raised in the Motion (Doc. 2080 ). The Government shall file a response to Mr. Lacey's Renewed Motion by May 10, 2024. A Status Conference is set for May 13, 2024 at 3:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 5/2/2024.(LFIG) (Entered: 05/03/2024)
4/29/2024OBJECTION TO PRESENTENCE INVESTIGATION REPORT by John Brunst . (Lincenberg, Gary) (Entered: 04/29/2024)
4/29/20242086ORDER: Upon consideration of Defendant's 2067 Motion to Extend Deadline to Submit Objections to PSR Report as to Scott Spear (3), IT IS ORDERED granting the 2067 Motion in part to the extent that the deadline to submit objections to the PSR is hereby extended until June 21, 2024. ORDERED by Judge Diane J Humetewa on 4/29/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 04/29/2024)
4/26/2024AMENDED JUDGMENT OF ACQUITTAL as to Michael Lacey: IT IS ORDERED that the Defendant is now entitled to be discharged for the reason that the jury has returned its verdict, finding the Defendant not guilty as to Count 63. IT IS FURTHER ORDERED that pursuant to the Court's Orders filed April 23, 2024 and April 26, 2024, the Defendant is hereby discharged as to Counts 19-51, 69-70, 81, 83-84, 86, 88-92 and 94-99 of the Superseding Indictment. IT IS FURTHER ORDERED and ADJUDGED that the Defendant is hereby acquitted and discharged as to these counts only pursuant to Rule 32(k), Federal Rules of Criminal Procedure. Signed by Judge Diane J Humetewa on 4/26/2024.(LFIG) (Document re-filed to include correct pdf.) (Entered: 04/26/2024)
4/26/2024AMENDED by Doc. 2184 AMENDED JUDGMENT OF ACQUITTAL as to John Brunst: IT IS ORDERED that the Defendant is now entitled to be discharged for the reason that the jury has returned its verdict, finding the Defendant not guilty as to Counts 2-51 and 63. IT IS FURTHER ORDERED that pursuant to the Court's Orders filed April 23, 2024, and April 26, 2024, the Defendant is hereby discharged as to Counts 78-84 and 86-93 of the Superseding Indictment. IT IS FURTHER ORDERED and ADJUDGED that the Defendant is hereby acquitted and discharged as to these counts only pursuant to Rule 32(k), Federal Rules of Criminal Procedure. Signed by Judge Diane J Humetewa on 4/26/2024.(LFIG) Modified on 8/30/2024 (LFIG). (Entered: 04/26/2024)
4/26/2024 *Incorrect document filed. All docket text associated with the entry has been removed on 4/26/2024. (LFIG) (Entered: 04/26/2024)
4/26/2024ORDER granting the United States' 2079 Motion as to Michael Lacey (1), Scott Spear (3), John Brunst (4) and amending the Court's 2063 Order. IT IS FURTHER ORDERED directing the Clerk to issue amended Judgments of Acquittal for Michael Lacey and John Brunst in accordance with this Order. Signed by Judge Diane J Humetewa on 4/26/2024. (See Order for details.) (LFIG) (Entered: 04/26/2024)
4/26/2024 MOTION Request for Status Conference by Michael Lacey. (Cambria, Paul) (Entered: 04/26/2024)
4/26/2024MOTION for Correction of the Court's April 23, 2024 Order and Judgments re: 2063 Order, 2064 Judgment, 2066 Judgment by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Proposed Order)(Kozinets, Peter) (Entered: 04/26/2024)
4/24/2024 MOTION to Extend Time - DEFENDANT SPEARS MOTION TO EXTEND DEADLINE TO SUBMIT OBJECTIONS TO PSR REPORT (EXPEDITED REVIEW REQUESTED) by Scott Spear. (Attachments: # 1 Proposed Order)(Feder, Bruce) (Entered: 04/24/2024)
4/23/2024AMENDED by Doc. 2083 JUDGMENT OF ACQUITTAL as to John Brunst: IT IS ORDERED that the Defendant is now entitled to be discharged for the reason that the jury has returned its verdict, finding the Defendant not guilty as to Counts 2-51 and 63. IT IS FURTHER ORDERED that pursuant to the Court's Order filed April 23, 2024, the Defendant is hereby discharged as to Counts 66-68, 78-84 and 86-93 of the Superseding Indictment. IT IS FURTHER ORDERED and ADJUDGED that the Defendant is hereby acquitted and discharged as to these counts only pursuant to Rule 32(k), Federal Rules of Criminal Procedure. Signed by Judge Diane J Humetewa on 4/23/2024.(LFIG) Modified on 4/26/2024 (LFIG). (Entered: 04/23/2024)
4/23/2024JUDGMENT OF ACQUITTAL as to Scott Spear: IT IS ORDERED that the Defendant is now entitled to be discharged for the reason that the jury has returned its verdict, finding the Defendant not guilty as to Counts 19-51 and 63-68. IT IS FURTHER ORDERED that pursuant to the Court's Order filed April 23, 2024, the Defendant is hereby discharged as to Counts 71-78, 85 and 93 of the Superseding Indictment. IT IS FURTHER ORDERED and ADJUDGED that the Defendant is hereby acquitted and discharged as to these counts only pursuant to Rule 32(k), Federal Rules of Criminal Procedure. Signed by Judge Diane J Humetewa on 4/23/2024.(LFIG) (Entered: 04/23/2024)
4/23/2024AMENDED by Doc. 2084 JUDGMENT OF ACQUITTAL as to Michael Lacey: IT IS ORDERED that the Defendant is now entitled to be discharged for the reason that the jury has returned its verdict, finding the Defendant not guilty as to Count 63. IT IS FURTHER ORDERED that pursuant to the Court's Order filed April 23, 2024, the Defendant is hereby discharged as to Counts 19-51, 66-70, 81, 83-84, 86, 88-92 and 94-99 of the Superseding Indictment. IT IS FURTHER ORDERED and ADJUDGED that the Defendant is hereby acquitted and discharged as to these counts only pursuant to Rule 32(k), Federal Rules of Criminal Procedure. Signed by Judge Diane J Humetewa on 4/23/2024.(LFIG) Modified on 4/26/2024 (LFIG). Modified on 4/26/2024 (LFIG). (Entered: 04/23/2024)
4/23/2024ORDER to Michael Lacey (1), Scott Spear (3) and John Brunst (4): IT IS ORDERED that Defendants' Oral and Supplemental Rule 29 Motions (Docs. 2004 ; 2006 ; 2007 ) are granted in part and denied in part. The Clerk is directed to issue Judgments of Acquittal for Defendant Michael Lacey on Counts 19-51 and 66-70, 81, 83-84, 86, 88-92 and 94-99; for Defendant John Brunst on Counts 66-68, 78-84, 86-93; and for Defendant Scott Spear on Counts 71-78, 85 and 93. In all other respects, the Motions are denied. IT IS FURTHER ORDERED that Defendants' Rule 33 Motion for New Trial (Doc. 2009 ) is denied as stated herein. Signed by Judge Diane J Humetewa on 4/23/2024. (See Order for details.) (LFIG) Modified on 4/26/2024 to reflect Order amended in part by Doc. 2081 . (LFIG) (Entered: 04/23/2024)
4/19/2024NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of JURY TRIAL - DAY 1 (P.M. SESSION) (JURY VOIR DIRE) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/29/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP) (Entered: 04/24/2024)
4/19/2024NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of JURY TRIAL - DAY 2 (A.M. SESSION) (JURY VOIR DIRE Cont'd) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/30/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP) (Entered: 04/24/2024)
4/19/2024NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of STATUS CONFERENCE proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/18/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP) (Entered: 04/24/2024)
4/18/2024NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of JURY TRIAL - DAY 2 (P.M. SESSION) (JURY VOIR DIRE Cont'd) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/30/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP) (Entered: 04/24/2024)
4/18/2024NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of JURY TRIAL - DAY 1 (A.M. SESSION) (JURY VOIR DIRE) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/29/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP) (Entered: 04/24/2024)
4/18/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FRYE/COOPER HEARING proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/18/2023, before Magistrate Judge DEBORAH M. FINE. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249 ]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP) (Entered: 04/24/2024)
4/15/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC HEARING proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/06/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP) (Entered: 04/24/2024)
4/15/20242061ORDER granting 2048 Motion to Continue Sentencing as to Scott Spear (3). Sentencing is continued from 5/1/2024 to 7/9/2024 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. ORDERED by Judge Diane J Humetewa on 4/15/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 04/15/2024)
4/15/20242060ORDER granting 2046 Motion to Continue Sentencing as to Michael Lacey (1). Sentencing is continued from 5/1/2024 to 6/17/2024 at 10:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. ORDERED by Judge Diane J Humetewa on 4/15/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 04/15/2024)
4/15/20242059ORDER approving the parties' 2045 Stipulation as to John Brunst to the extent that Sentencing is continued from 5/1/2024 to 6/17/2024 at 9:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa.ORDERED by Judge Diane J Humetewa on 4/15/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 04/15/2024)
4/12/2024TRANSCRIPT REQUEST by Scott Spear for proceedings held on 08/04/2023, Judge Diane J Humetewa hearing judge(s). (Kessler, Eric) (Entered: 04/12/2024)
4/12/2024TRANSCRIPT REQUEST by Scott Spear for proceedings held on 08/18/2023, Judge Diane J Humetewa hearing judge(s). (Kessler, Eric) (Entered: 04/12/2024)
4/12/2024TRANSCRIPT REQUEST by Scott Spear for proceedings held on 08/18/2023, Judge Diane J Humetewa hearing judge(s). (Kessler, Eric) (Entered: 04/12/2024)
4/12/2024TRANSCRIPT REQUEST by Scott Spear for proceedings held on 08.29.2023, Judge Diane J Humetewa hearing judge(s). (Kessler, Eric) (Entered: 04/12/2024)
4/12/2024TRANSCRIPT REQUEST by Scott Spear for proceedings held on 08/30/2023, Judge Diane J Humetewa hearing judge(s). (Kessler, Eric) (Entered: 04/12/2024)
4/12/2024TRANSCRIPT REQUEST by Scott Spear for proceedings held on 09/06/2023, Judge Diane J Humetewa hearing judge(s). (Kessler, Eric) (Entered: 04/12/2024)
4/5/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE proceedings as to (D1)Michael Lacey held on 01/29/2024, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP) (Entered: 04/24/2024)
4/2/2024TRANSCRIPT REQUEST by Michael Lacey for proceedings held on Jan. 29, 2024, Judge Diane J Humetewa hearing judge(s). (Cambria, Paul) (Entered: 04/02/2024)
3/29/20242050ORDER as to Scott Spear, John Brunst: At the request of U.S. Probation as to Defendants Spear and Brunst, IT IS ORDERED granting U.S. Probation's request for an extension to disclose the draft presentence report to counsel. IT IS FURTHER ORDERED the draft presentence report shall be disclosed as Defendants Spear and Brunst with by 4/15/2024. ORDERED by Judge Diane J Humetewa on 3/29/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 03/29/2024)
3/29/2024RESPONSE in Opposition by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 2048 MOTION to Continue Sentencing and JOINDER to Co-Defendant Michael Lacey's Sentencing Continuance Request, 2046 First MOTION to Continue Sentencing . (Stone, Andrew) (Entered: 03/29/2024)
3/27/2024 MOTION to Continue Sentencing and JOINDER to Co-Defendant Michael Lacey's Sentencing Continuance Request by Scott Spear. (Feder, Bruce) (Entered: 03/27/2024)
3/25/20242047ORDER as to Michael Lacey: Before the Court is Defendant Michael Lacey's Motion to Continue Sentencing/Set Status Conference (Doc. 2046 ). IT IS ORDERED the United States shall file a Response thereto within seven (7) days. No reply is permitted. ORDERED by Judge Diane J Humetewa on 3/25/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 03/25/2024)
3/22/2024First MOTION to Continue Sentencing by Michael Lacey. (Cambria, Paul) (Entered: 03/22/2024)
3/22/2024STIPULATION to Continue Defendant John Brunst's Sentencing Hearing by John Brunst. (Lincenberg, Gary) (Entered: 03/22/2024)
3/13/2024NOTICE OF REQUEST FOR E-NOTICES by Keith J. Hilzendeger. (Hilzendeger, Keith) (Entered: 03/13/2024)
2/12/20242044ORDER as to Michael Lacey, Scott Spear, John Brunst: IT IS ORDERED setting Sentencing as to Defendant Scott Spear for 5/1/2024 at 9:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Sentencing as to Defendant John Brunst is set for 5/1/2024 at 10:30 AM in Courtroom 605. Sentencing as to Defendant Michael Lacey is set for 5/1/2024 at 1:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. IT IS FURTHER ORDERED that any sentencing motions or sentencing memorandum shall be filed six (6) business days before the sentencing date. Responses thereto shall be filed three (3) business days before the sentencing date. ORDERED by Judge Diane J Humetewa on 2/12/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 02/12/2024)
2/12/20242043ORDER granting 2040 Motion to Continue Sentencing as to Dan Hyer (5). Sentencing is continued from 3/25/2024 to 10/21/2024 at 11:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. ORDERED by Judge Diane J Humetewa on 2/12/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 02/12/2024)
2/7/2024ORDER denying Defendants' 1967 Motion to Dismiss or Strike Testimony, and Request for a Hearing Due to the Government's Jencks and Brady violations as to Michael Lacey (1), Scott Spear (3), John Brunst (4). Signed by Judge Diane J Humetewa on 2/7/2024. (See Order for details.) (LFIG) (Entered: 02/07/2024)
2/2/2024NOTICE of Attorney Substitution by Gary S Lincenberg as to Defendant John Brunst. (Lincenberg, Gary) (Entered: 02/02/2024)
2/1/2024 MOTION to Continue Sentencing Twelfth Request by USA as to Dan Hyer. (Attachments: # 1 Proposed Order)(Rapp, Kevin) (Entered: 02/01/2024)
1/29/20242039MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Status Conference as to Michael Lacey held on 1/29/2024. Mr. Cambria having informed the Court that his client waives time for the reasons set forth on the record, IT IS ORDERED setting a Jury Trial for 8/6/2024 at 9:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. The Court will set aside six (6) weeks.

Appearances: AUSA Andrew Stone, Kevin Rapp, Margaret Perlmeter, Peter Kozinets, Austin Berry for the Government, retained attorney Paul Cambria for defendant. Defendant is present and released. (Court Reporter Hilda Lopez.) Hearing held 9:15 AM to 9:37 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 01/30/2024)
1/26/2024RESPONSE re: 2035 Notice (Other) of Retrial by Michael Lacey. (Cambria, Paul) (Entered: 01/26/2024)
1/25/2024 MOTION for Leave to Appear via phone/video conference at January 29, 2024 status conference as to attorney Austin M. Berry by USA as to Michael Lacey, Scott Spear, John Brunst. (Berry, Austin) (Entered: 01/25/2024)
1/25/20242036ORDER as to Michael Lacey: Before the Court is the United States' Notice of Retrial (Doc. 2035 ). IT IS ORDERED setting a Status Conference for 1/29/2024 at 9:15 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. If any counsel seek to appear by video-teleconference, a motion shall be promptly filed. ORDERED by Judge Diane J Humetewa on 1/25/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 01/25/2024)
1/23/2024NOTICE by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 2025 Order,, Set Deadlines/Hearings,. (Stone, Andrew) (Entered: 01/23/2024)
1/19/2024ORDER granting the United States 1948 Motion for Protective Order as to Michael Lacey (1) et al., as set forth in this Order. Signed by Judge Diane J Humetewa on 1/18/2024. (See Order for details.) (Attachments: # 1 Attachment A)(LFIG) (Entered: 01/19/2024)
1/18/2024REPLY TO RESPONSE to Motion by Michael Lacey re: 2004 MOTION for Acquittal . (Attachments: # 1 Exhibit A)(Cambria, Paul) (Entered: 01/18/2024)
1/17/20242032ORDER as to Michael Lacey (1): IT IS ORDERED granting the Unopposed Motion to Extend Time for Filing Michael Lacey's Reply to Rule 29 (Doc. 2028 ) and allowing through and including January 18, 2024 for the filing of a Reply to the Rule 29 Motion. ORDERED by Judge Diane J Humetewa on 1/17/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 01/17/2024)
1/16/2024REPLY TO RESPONSE to Motion by Michael Lacey re: 2009 First MOTION for New Trial on behalf of Michael Lacey, John Brunst, Scott Spear (Oral Argument Requested). (Attachments: # 1 Exhibit Exhibit A)(Cambria, Paul) (Entered: 01/16/2024)
1/16/2024REPLY TO RESPONSE to Motion by Scott Spear re: 2006 MOTION DEFENDANT SCOTT SPEARS SUPPLEMENT TO HIS RULE 29 MOTION CONCERNING ALL COUNTS OF CONVICTION, AND JOINDER IN RULE 29 SUPPLEMENTS OF MICHAEL LACEY AND JOHN BRUNST (SUPPLEMENT MOTION) (ORAL ARGUMENT REQUESTED). (Feder, Bruce) (Entered: 01/16/2024)
1/16/2024RESPONSE in Support by John Brunst re: 2007 Supplemental MOTION for Acquittal Under Fed. R. Crim. P. 29 . (Lincenberg, Gary) (Entered: 01/16/2024)
1/16/2024 MOTION to Extend Time January 18, 2024 to file Rely in support of rule 29 Motion by Michael Lacey. (Attachments: # 1 Proposed Order)(Cambria, Paul) (Entered: 01/16/2024)
1/12/2024AMENDED NOTICE of DISPOSITION re PASSPORT by Pretrial Services, James Larkin as to James Larkin re: 2026 Notice of Disposition re Passport. PS40 amended to correct passport disposition. This notice replaces document in entry 2026. (KML) (Entered: 01/12/2024)
1/11/2024NOTICE of DISPOSITION re PASSPORT issued by United States as to James Larkin. The order of the court re defendant is not permitted to apply for the issuance of a passport and/or passport card during the pendency of this action is no longer in effect. Passport forwarded/returned to U.S. Department of State via UPS (Tracking #1Z8347710393563071). (VE) (Entered: 01/11/2024)
1/10/2024ORDER as to Michael Lacey, Scott Spear, John Brunst: IT IS ORDERED that no later than January 23, 2024, the Government shall inform the Court whether it intends to proceed to trial on any of the Defendants for any of the counts for which the jury did not return a verdict. Signed by Judge Diane J Humetewa on 1/10/2024.(LFIG) (Entered: 01/10/2024)
12/28/20232024ORDER as to Michael Lacey (1) et al: Upon consideration and finding good cause appearing, IT IS ORDERED granting Defendants' 2023 Joint Motion for Leave to File Replies and Motion for Extension of Time to File Rules 29 and 33 Replies filed by Scott Spear (3). IT IS FURTHER ORDERED allowing Defendants to file Replies to their Rule 29 and 33 Motions by January 16, 2024. Defendants shall only reply to new arguments/law in the Government's Response(s) and not reiterate arguments already made. Replies are limited to no more than 10 pages. ORDERED by Judge Diane J Humetewa on 12/28/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 12/28/2023)
12/27/2023 MOTION for Leave to File Replies and Motion for Extension of Time to File Replies re: Defendants' Rules 29 and 33 Motions by Scott Spear. (Attachments: # 1 Proposed Order)(Feder, Bruce) (Entered: 12/27/2023)
12/22/2023RESPONSE to Motion by USA as to Michael Lacey, Scott Spear, John Brunst re: 2009 First MOTION for New Trial on behalf of Michael Lacey, John Brunst, Scott Spear . (Kozinets, Peter) (Entered: 12/22/2023)
12/22/2023RESPONSE re: 2006 MOTION DEFENDANT SCOTT SPEARS SUPPLEMENT TO HIS RULE 29 MOTION CONCERNING ALL COUNTS OF CONVICTION, AND JOINDER IN RULE 29 SUPPLEMENTS OF MICHAEL LACEY AND JOHN BRUNST (SUPPLEMENT MOTION) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit Exhibit A)(Kozinets, Peter) (Entered: 12/22/2023)
12/22/2023RESPONSE re: 2004 MOTION for Acquittal by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew) (Entered: 12/22/2023)
12/22/2023RESPONSE re: 2007 Supplemental MOTION for Acquittal Under Fed. R. Crim. P. 29 by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew) (Entered: 12/22/2023)
12/15/2023TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 10/11/2023, Judge Diane J Humetewa hearing judge(s). (Rapp, Kevin) (Entered: 12/15/2023)
12/14/2023NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of JURY TRIAL - DAY 7 (Early a.m. proceedings) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/15/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP) (Entered: 04/24/2024)
12/14/2023ORDER as to Michael Lacey (1), Scott Spear (3), John Brunst (4): IT IS ORDERED granting the Motions (Docs. 2008 and 2015 ). Defendants may have leave to file their joint proposed Motion for a New Trial in excess of the page limit set by the Local Rules. The Government shall have until December 22, 2023, to file Responses to Defendants' Motions (Docs. 2004 , 2006 , 2007 , 2009 ). Unless otherwise specifically requested by Defendants, no replies to Defendants' Supplemental Motions at Docs. 2004 , 2006 , or 2007 will be allowed. Signed by Judge Diane J Humetewa on 12/14/2023.(LFIG) (Entered: 12/14/2023)
12/14/20232016ORDER as to Michael Lacey (1) et al: IT IS ORDERED the Motion for Curative Jury Instructions (Doc. 1763 ) is granted in part and denied in part, as stated on the record during September 12, 2023, proceedings. IT IS FURTHER ORDERED that Mr. Ferrer's Motion for Protective Order (Doc. 1825 ) is denied, as moot. IT IS FURTHER ORDERED the Motion to Intervene in Order to Object (Doc. 1957 ) is denied. The Court notes the Intervenor's joinder in Defendant Spear's Response. ORDERED by Judge Diane J Humetewa on 12/14/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 12/14/2023)
12/13/2023 MOTION for Extension of Time to File Response/Reply to Defendants' Post-Trial Motions by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Proposed Order)(Stone, Andrew) (Entered: 12/13/2023)
12/8/2023AMENDED TRANSCRIPT REQUEST pursuant to 2013 Notice of Deficiency by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 8/31/2023 to 11/1/2023, Judge Diane J Humetewa hearing judge(s). (Attachments: # 1 Attachment)(Kozinets, Peter) (Entered: 12/08/2023)
12/8/20232013NOTICE TO FILER OF DEFICIENCY re: AO435 2011 Transcript Request filed by USA. Item(s) were incorrectly completed: 1. NAME. Item 16 ORDER FOR - Applicable Box(es) Not Checked: NON-APPEAL. Item 18 - ORDER: (CATEGORY) A box under ORIGINAL + 1 was incorrectly checked. The original has been previously ordered and prepared. The Document is not in compliance with LRCiv 5.5(g) - Documents completed/signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) completed by Kevin Rapp and signed by Peter Kozinets but submitted using the log-in and password belonging to Peter Kozinets. FOLLOW-UP ACTION REQUIRED: Please refile the transcript request on form AO435, with all items 1-20 completed. Please refile with each box in Item 16 checked that applies. Please refile with the appropriate box checked under the FIRST COPY column. Please refile the Transcript Request with the name/signature (sections 1 & 19 of the AO435 form) matching the name of the ECF registered user under whose credentials the document will be re-submitted under. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 12/08/2023)
12/8/2023NOTICE of DISPOSITION re PASSPORT issued by United States as to Joye Vaught. The order of the court re defendant is not permitted to apply for the issuance of a passport and/or passport card during the pendency of this action is no longer in effect. Passport forwarded/returned to N/D of Texas via UPS (Tracking #1Z8347710394416415). (VE) (Entered: 12/08/2023)
12/6/2023TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 8/31/2023 to 11/01/2023, Judge Diane J Humetewa hearing judge(s). (Kozinets, Peter) (Entered: 12/06/2023)
12/4/2023First MOTION for New Trial on behalf of Michael Lacey, John Brunst, Scott Spear by Michael Lacey. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cambria, Paul) (Entered: 12/04/2023)
12/4/2023*First MOTION for Leave to File Excess Pages on behalf of Michael Lacey, John Brunst, Scott Spear by Michael Lacey. (Attachments: # 1 Attachment Proposed Oversized Brief, # 2 Proposed Order)(Cambria, Paul) *Modified to correct motion type and text on 12/5/2023 (REK). (Entered: 12/04/2023)
12/4/2023Supplemental MOTION for Acquittal Under Fed. R. Crim. P. 29 by John Brunst. (Lincenberg, Gary) (Entered: 12/04/2023)
12/4/2023SUPPLEMENT re: 1972 MOTION to Dismiss or Strike Testimony and Request for a Hearing by Scott Spear. (Attachments: # 1 Exhibit 1A-R, # 2 Exhibit 2A-E)(Feder, Bruce) *Modified to correct event and text on 12/5/2023 (REK). Modified on 12/5/2023 per chambers. (LFIG) (Entered: 12/04/2023)
12/4/2023REPLY TO RESPONSE to Motion by Scott Spear re: 1972 MOTION FIRST SUPPLEMENT TO DEFENDANTS' MOTION TO DISMISS OR STRIKE TESTIMONY, AND REQUEST FOR A HEARING DUE TO THE GOVERNMENT'S JENCKS AND BRADY VIOLATIONS (ORAL ARGUMENT REQUESTED) . (Kessler, Eric) (Entered: 12/04/2023)
12/4/2023SUPPLEMENT to Rule 29 Motion by Michael Lacey. (Cambria, Paul) Modified event on 12/5/2023 per chambers. (LFIG) (Entered: 12/04/2023)
12/3/2023NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of JURY TRIAL - DAY 4 P.M. (Defendant Vaught's opening statement) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/12/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP) (Entered: 04/24/2024)
12/1/2023TRANSCRIPT REQUEST (DAILY TURN AROUND TIME REQUESTED) by Scott Spear for proceedings held on September 4, 2023 PM Session, Judge Diane J Humetewa hearing judge(s). (Feder, Bruce) (Entered: 12/01/2023)
12/1/2023TRANSCRIPT REQUEST (DAILY TURN AROUND TIME REQUESTED) by Scott Spear for proceedings held on September 4, 2023 AM Session, Judge Diane J Humetewa hearing judge(s). (Feder, Bruce) (Entered: 12/01/2023)
11/29/2023TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 09/12/2023 to 10/24/2023, Judge Diane J Humetewa hearing judge(s). (Kozinets, Peter) (Entered: 11/29/2023)
11/27/2023NOTICE OF FILING OF OFFICIAL AMENDED TRANSCRIPT of TRIAL - DAY 34 (JURY QUESTION/VERDICT) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/16/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. Amended to correct date of proceeding on title page. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 12/28/2023. Release of Transcript Restriction set for 2/26/2024. (RAP) (Entered: 12/06/2023)
11/27/2023RESPONSE re: 1972 MOTION FIRST SUPPLEMENT TO DEFENDANTS' MOTION TO DISMISS OR STRIKE TESTIMONY, AND REQUEST FOR A HEARING DUE TO THE GOVERNMENT'S JENCKS AND BRADY VIOLATIONS (ORAL ARGUMENT REQUESTED) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8)(Rapp, Kevin) (Entered: 11/27/2023)
11/21/2023(Proposed) Intervenor's NOTICE of Joinder to Defendant Scott Spear's Response to Government's Motion for Protective Order by David M Morgan. (BAC) (Entered: 11/22/2023)
11/21/20231984ORDER: Upon consideration of the parties' 1983 Joint Motion for Extension of Time as to Michael Lacey (1), Scott Spear (3), John Brunst (4), and finding good cause appearing, IT IS ORDERED granting the 1983 Joint Motion and allowing through and including November 27, 2023 for the Government to Respond to Defendants' 1972 Motion to Dismiss or to Strike. Defendants' Reply is due by December 4, 2023. IT IS FURTHER ORDERED that Defendants have until December 4, 2023 to supplement their Rule 29 Motion. Government's Response thereto shall be filed by December 18, 2023. IT IS FURTHER ORDERED permitting Defendants through and including December 4, 2023 to file a Rule 33(b)(2) Motion. Government's Response thereto shall be filed by December 18, 2023. No replies are necessary. ORDERED by Judge Diane J Humetewa on 11/21/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 11/21/2023)
11/20/2023 MOTION for Leave - JOINT MOTION TO EXTEND MOTIONS DEADLINES (EXPEDITED REVIEW REQUESTED) by Scott Spear. (Attachments: # 1 Proposed Order)(Feder, Bruce) (Entered: 11/20/2023)
11/19/2023RESPONSE to Motion by Scott Spear re: 1948 MOTION for Protective Order (Oral Argument Requested). (Feder, Bruce) (Entered: 11/19/2023)
11/17/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 34 (JURY QUESTION/VERDICT) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/17/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 12/28/2023. Release of Transcript Restriction set for 2/26/2024. (RAP) (Entered: 11/27/2023)
11/17/2023JUDGMENT OF ACQUITTAL as to Joye Vaught: IT IS ORDERED that the Defendant is now entitled to be discharged for the reason that the jury has returned its verdict, finding the Defendant not guilty as to Counts 1-51 of the Superseding Indictment. IT IS FURTHER ORDERED and ADJUDGED that the Defendant is hereby acquitted and discharged pursuant to Rule 32(k), Federal Rules of Criminal Procedure. Signed by Judge Diane J Humetewa on 11/16/2023.(LFIG) (Entered: 11/17/2023)
11/17/2023JUDGMENT OF ACQUITTAL as to Andrew Padilla: IT IS ORDERED that the Defendant is now entitled to be discharged for the reason that the jury has returned its verdict, finding the Defendant not guilty as to Counts 1-51 of the Superseding Indictment. IT IS FURTHER ORDERED and ADJUDGED that the Defendant is hereby acquitted and discharged pursuant to Rule 32(k), Federal Rules of Criminal Procedure. Signed by Judge Diane J Humetewa on 11/16/2023.(LFIG) (Entered: 11/17/2023)
11/17/2023ORDER approving the 1942 Stipulation as to James Larkin as set forth in this Order. Signed by Judge Diane J Humetewa on 11/17/2023. (See Order for details.) (LFIG) (Entered: 11/17/2023)
11/16/2023MINUTE ORDER re: Return of Exhibits as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (LFIG) (Entered: 11/30/2023)
11/16/2023MINUTE ORDER re: Certification of Trial Exhibits as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (LFIG) (Entered: 11/30/2023)
11/16/2023Jury Questions/Notes as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (LFIG) (Entered: 11/30/2023)
11/16/2023Final Jury Instructions as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (LFIG) (Entered: 11/30/2023)
11/16/2023WITNESS LIST by Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (LFIG) (Entered: 11/30/2023)
11/16/2023EXHIBIT LIST by Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (LFIG) (Entered: 11/30/2023)
11/16/2023WITNESS LIST by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (LFIG) (Entered: 11/30/2023)
11/16/2023EXHIBIT LIST by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit List 3000s)(LFIG) (Entered: 11/30/2023)
11/16/2023SECOND AMENDED MINUTE ENTRY for proceedings held before Judge Diane J Humetewa (Amending Doc. 1981 ): Jury Trial (Day 34) completed as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught on 11/16/2023. Verdict reached as set forth in open court. IT IS ORDERED that a Judgment of Acquittal shall be entered as to Defendants Andrew Padilla (6) and Joye Vaught (7). IT IS FURTHER ORDERED that Defendants shall have until November 29, 2023 to supplement their Oral Rule 29 Motion. Government shall file its Response by December 8, 2023. The Court will inform Defendants if a Reply is necessary. IT IS FURTHER ORDERED extending the deadline by which the Government shall file its Response to Defendants' Motion (Doc. 1972 ) to and including November 22, 2023. Defendants' Reply if any, is due seven (7) days thereafter. IT IS ORDERED that any party seeking to Respond to either Motion (Doc. 1948 or 1957 ) shall do so no later than November 19, 2023. Any replies shall be filed by November 21, 2023. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 11:02 AM to 5:16 PM.(LFIG)

Reason for Amendment: Minute Entry amended to correct paragraph five. (LFIG) (Entered: 11/30/2023)
11/16/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 33 (CONTINUED EVIDENTIARY HEARING AND JURY QUESTIONS) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/15/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 12/28/2023. Release of Transcript Restriction set for 2/26/2024. (RAP) (Entered: 11/27/2023)
11/16/2023AMENDED by Doc. 1992 AMENDED MINUTE ENTRY for proceedings held before Judge Diane J Humetewa (Amending Doc. 1977 ): Jury Trial (Day 34) completed as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught on 11/16/2023. Verdict reached as set forth in open court. IT IS ORDERED that a Judgment of Acquittal shall be entered as to Defendants Andrew Padilla (6) and Joye Vaught (7). IT IS FURTHER ORDERED that Defendants shall have until November 29, 2023 to supplement their Oral Rule 29 Motion. Government shall file its Response by December 8, 2023. The Court will inform Defendants if a Reply is necessary. IT IS FURTHER ORDERED extending the deadline by which the Government shall file its Response to Defendants' Motion (Doc. 1972 ) to and including November 22, 2023. Defendants' Reply if any, is due seven (7) days thereafter. IT IS ORDERED that any party seeking to Respond to either Motion (Doc. 1948 or 1957 ) shall do so no later than November 19, 2023. Any replies shall be filed by November 21, 2023. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 11:02 AM to 5:16 PM.(LFIG)

Reason for Amendment: Minute Entry amended to correct paragraph four. Modified on 11/30/2023 (LFIG). (Entered: 11/17/2023)
11/16/2023JURY VERDICT as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (LFIG) (Entered: 11/17/2023)
11/16/2023AMENDED by Doc. 1981 MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 34) completed as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught on 11/16/2023. Verdict reached as set forth in open court. IT IS ORDERED that a Judgment of Acquittal shall be entered as to Defendants Andrew Padilla (6) and Joye Vaught (7). IT IS FURTHER ORDERED that Defendants shall have until November 29, 2023 to supplement their Oral Rule 29 Motion. Government shall file its Response by December 8, 2023. The Court will inform Defendants if a Reply is necessary. IT IS FURTHER ORDERED extending the deadline by which the Government shall file its Response to Defendants' Motion (Doc. 1972 ) to and including November 22, 2023. Defendants' Reply if any, is due seven (7) days thereafter. IT IS ORDERED that any party seeking to Respond to either Motion (Doc. 1948 or 1957 ) shall do so no later than November 19, 2023. Any replies shall be filed by November 21, 2023. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 11:02 AM to 5:16 PM.(LFIG) Modified on 11/17/2023 (LFIG). (Entered: 11/17/2023)
11/16/2023NOTICE to Court by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Perlmeter, Margaret) (Entered: 11/16/2023)
11/16/2023NOTICE re Forfeiture Election by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Boyle, Daniel) (Entered: 11/16/2023)
11/15/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 32 (A.M. SESSION) (JUROR QUESTION/EVIDENTIARY HEARING) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/14/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 12/28/2023. Release of Transcript Restriction set for 2/26/2024. (RAP) (Entered: 11/27/2023)
11/15/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 33) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/15/2023. IT IS ORDERED finding that the documents in question are not Jencks material. IT IS FURTHER ORDERED taking the matter under advisement as to whether the documents are exculpatory or impeachment material. Jury will resume deliberations on Thursday, November 16, 2023 at 9:00 AM. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 11:04 AM to 4:04 PM.(LFIG) (Entered: 11/16/2023)
11/15/2023 MOTION FIRST SUPPLEMENT TO DEFENDANTS' MOTION TO DISMISS OR STRIKE TESTIMONY, AND REQUEST FOR A HEARING DUE TO THE GOVERNMENT'S JENCKS AND BRADY VIOLATIONS (ORAL ARGUMENT REQUESTED) by Scott Spear. (Attachments: # 1 Exhibit 6275 A-R)(Feder, Bruce) (Entered: 11/15/2023)
11/14/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 32) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/14/2023. IT IS ORDERED denying as moot the 1970 Motion to Preclude Statements. Jury will resume deliberations on Wednesday, November 15, 2023 at 9:00 AM. Court will reconvene on Wednesday, November 15, 2023 at 11:00 AM in Courtroom 605. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 9:45 AM to 4:48 PM.(LFIG) (Entered: 11/14/2023)
11/14/2023 MOTION to Preclude Statements (Preclude Testimony of AUSAs Stone and Boyle) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A)(Kozinets, Peter) (Entered: 11/14/2023)
11/13/2023ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught Evidentiary Hearing set for 11/14/2023 at 2:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. IT IS FURTHERED ORDERED that parties shall deliver one (1) original and two (2) copies of the witness and exhibit lists, to the Courtroom Deputy. Signed by Judge Diane J Humetewa on 11/13/2023.(LFIG) (Entered: 11/13/2023)
11/13/2023NOTICE OF ERRATA re: 1966 Response, by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught.. (Attachments: # 1 Exhibit Exhibit 3a, # 2 Exhibit Exhibit 3b)(Stone, Andrew) (Entered: 11/13/2023)
11/13/2023 MOTION to Dismiss Indictment for Brady and Jencks Act violations on behalf of Michael Lacey, John Brunst, Scott Spear, Andrew Padilla, and Joye Vaught by Michael Lacey. (Cambria, Paul) (Entered: 11/13/2023)
11/13/2023RESPONSE to Defendant's Oral Motion to Dismiss by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 4, # 4 Exhibit Exhibit 5, # 5 Exhibit Exhibit 6, # 6 Exhibit Exhibit 7, # 7 Exhibit Exhibit 8, # 8 Exhibit Exhibit 9, # 9 Exhibit Exhibit 10, # 10 Exhibit Exhibit 11)(Stone, Andrew) (Entered: 11/13/2023)
11/10/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 31 (A.M. SESSION) IN-COURT HEARING proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/09/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 12/28/2023. Release of Transcript Restriction set for 2/26/2024. (RAP) (Entered: 11/27/2023)
11/9/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 30 (JURY QUESTION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/08/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/30/2023. Redacted Transcript Deadline set for 12/11/2023. Release of Transcript Restriction set for 2/7/2024. (RAP) (Entered: 11/09/2023)
11/9/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 31) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/9/2023. Jury deliberations will resume on Tuesday, November 14, 2023 at 9:00 AM. Counsel shall file briefing as set forth on the record by Monday, November 13, 2023 at noon. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 10:00 AM to 11:11 AM.(LFIG) (Entered: 11/09/2023)
11/9/2023MOTION to Intervene in Order to Object by Movant David M Morgan as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (DXD) (Entered: 11/09/2023)
11/8/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 29 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/07/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/30/2023. Redacted Transcript Deadline set for 12/11/2023. Release of Transcript Restriction set for 2/7/2024. (RAP) (Entered: 11/09/2023)
11/8/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 30) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/8/2023. Jury deliberations will resume on Thursday, November 9, 2023 at 9:00 AM. Court will reconvene on Thursday, November 9, 2023 at 10:00 AM. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 1:32 PM to 2:01 PM.(LFIG) (Entered: 11/08/2023)
11/8/2023NOTICE OF ATTORNEY SUBSTITUTION: Joseph F. Bozdech appearing for USA Regarding Forfeiture. (Bozdech, Joseph) (Entered: 11/08/2023)
11/8/2023MEMORANDUM by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught in Support of Defendants' Proposed Jury Verdict Form on Forfeiture. (Cambria, Paul) (Entered: 11/08/2023)
11/8/2023MEMORANDUM by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught Re: Jury Determination of Amounts of Forfeiture. (Boyle, Daniel) (Entered: 11/08/2023)
11/8/2023MEMORANDUM by Michael Lacey, Scott Spear, John Brunst as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1945 Memorandum filed by USA Defendants' Response to Position of the United States Regarding Potential Continuing Jury Deliberations as to Determination of Forfeiture of Specific Assets. (Lincenberg, Gary) (Entered: 11/08/2023)
11/8/2023ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that the service of the empaneled and deliberating Jurors shall be extended through Friday, November 17, 2023. Signed by Judge Diane J Humetewa on 11/7/2023.(LFIG) (Entered: 11/08/2023)
11/8/2023 MOTION for Protective Order by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Proposed Order, # 2 Attachment A - List of Trial Exhibits, # 3 Exhibit 1 - Oct. 24, 2023 E-mail from Mr. Morgan to Clerk of the Court, # 4 Exhibit 2 - Oct. 25, 2023 E-mail exchange between Mr. Morgan and Clerk of the Court, # 5 Exhibit 3 - Screen capture of Morgan's pay-for-documents website, # 6 Exhibit 4 - Oct. 27, 2023 E-mail from Mr. Morgan to subscribers disclosing Govt Exh. 171)(Berry, Austin) (Entered: 11/08/2023)
11/7/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of IN-COURT HEARING proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/06/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/30/2023. Redacted Transcript Deadline set for 12/11/2023. Release of Transcript Restriction set for 2/7/2024. (RAP) (Entered: 11/09/2023)
11/7/2023MEMORANDUM by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught Re: Continued Jury Deliberations on Forfeiture of Specific Property. (Boyle, Daniel) (Entered: 11/07/2023)
11/7/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 29) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/7/2023. Jury begins deliberations and will reconvene on Wednesday, November 8, 2023 at 9:00 AM. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 9:11 AM to 10:39 AM.(LFIG) (Entered: 11/07/2023)
11/7/2023RESPONSE re: 1940 Proposed Jury Instructions by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Boyle, Daniel) (Entered: 11/07/2023)
11/7/2023STIPULATION Re Motion to Enforce Abatement of Prosecution (Doc. 1856) by USA as to James Larkin. (Attachments: # 1 Proposed Order)(Boyle, Daniel) (Entered: 11/07/2023)
11/6/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: In-Court Hearing as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/6/2023. Trial will reconvene on Tuesday, November 7, 2023 at 9:00 AM. (Court Reporter Hilda Lopez.) Hearing held 1:02 PM to 1:23 PM.(LFIG) (Entered: 11/06/2023)
11/6/2023 Proposed Jury Instructions by Michael Lacey, Scott Spear, John Brunst as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Lincenberg, Gary) (Entered: 11/06/2023)
11/5/2023RESPONSE re: 1936 Proposed Verdict Form by Michael Lacey, Scott Spear, John Brunst as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A - Revised Proposed Special Verdict Form)(Lincenberg, Gary) (Entered: 11/05/2023)
11/3/20231938MINUTE ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: In-Court Hearing re: Trial matters set for Monday, November 6, 2023 at 1:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Counsel will be provided with instructions for their remote appearance, in addition to dialing instructions for their respective clients. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 11/03/2023)
11/2/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 29 (AM SESSION) (IN-COURT HEARING) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/02/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/30/2023. Redacted Transcript Deadline set for 12/11/2023. Release of Transcript Restriction set for 2/7/2024. (RAP) (Entered: 11/09/2023)
11/2/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 28 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/01/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/30/2023. Redacted Transcript Deadline set for 12/11/2023. Release of Transcript Restriction set for 2/7/2024. (RAP) (Entered: 11/09/2023)
11/2/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: In-Court Hearing as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/2/2023. Defendants shall provide a red-line version of the Government's proposed items re: forfeiture by the morning of Monday, November 6, 2023. By close of business on Tuesday, November 7, 2023, the parties shall file their proposed alternative plan as set forth on the record. (Court Reporter Hilda Lopez.) Hearing held 10:03 AM to 10:40 AM.(LFIG) (Entered: 11/02/2023)
11/1/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 27 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/31/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/30/2023. Redacted Transcript Deadline set for 12/11/2023. Release of Transcript Restriction set for 2/7/2024. (RAP) (Entered: 11/09/2023)
11/1/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 27 (A.M.) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/31/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/30/2023. Redacted Transcript Deadline set for 12/11/2023. Release of Transcript Restriction set for 2/7/2024. (RAP) (Entered: 11/09/2023)
11/1/2023Supplemental Proposed Verdict Form by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Boyle, Daniel) (Entered: 11/01/2023)
11/1/2023Supplemental Proposed Jury Instructions by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Boyle, Daniel) (Entered: 11/01/2023)
11/1/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 28) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/1/2023. In-Court Hearing set for Thursday, November 2, 2023 at 10:00 a.m. Trial will reconvene on Tuesday, November 7, 2023 at 9:00 a.m. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 9:00 AM to 12:23 PM.(LFIG) (Entered: 11/01/2023)
10/31/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 27) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/31/2023. Trial will reconvene on Wednesday, November 1, 2023 at 9:00 a.m. (Court Reporter Elaine Cropper/Cathy Taylor.) See attached PDF for complete details. Hearing held 8:43 AM to 3:48 PM.(LFIG) (Entered: 11/01/2023)
10/31/2023MEMORANDUM by Michael Lacey, Scott Spear, John Brunst IN SUPPORT OF THEIR ELECTION TO HAVE THE JURY DETERMINE THE FORFEITABILITY OF SPECIFIC PROPERTY UNDER FRCP 32.2(b)(5). (Cambria, Paul) (Entered: 10/31/2023)
10/30/2023MEMORANDUM by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: Retention of Jury for Forfeiture. (Boyle, Daniel) (Entered: 10/30/2023)
10/30/20231917ORDER: Upon consideration of the United States' Stipulation (Doc. 1915 ) and finding good cause appearing, IT IS ORDERED granting the Stipulation (Doc. 1915 ) and allowing through and including November 6, 2023 for the United States to file its Response to the Motion to Enforce Abatement of Prosecution (Doc. 1856 ) as to James Larkin. ORDERED by Judge Diane J Humetewa on 10/30/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 10/30/2023)
10/28/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 26 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/27/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP) (Entered: 11/01/2023)
10/28/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 25 (P.M.) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/26/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP) (Entered: 11/01/2023)
10/27/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 25 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/26/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP) (Entered: 11/01/2023)
10/27/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 26) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/27/2023. Trial will reconvene on Tuesday, October 31, 2023 at 9:00 AM. (Court Reporter Cathy Taylor.) See attached PDF for complete details. Hearing held 8:44 AM to 11:34 AM.(LFIG) (Entered: 10/27/2023)
10/27/2023STIPULATION and Request to Continue Opposition Deadline to Motion to Enforce Abatement of Prosecution by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Proposed Order)(Boyle, Daniel) (Entered: 10/27/2023)
10/26/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 24 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/25/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP) (Entered: 11/01/2023)
10/26/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 24 (A.M.) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/25/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP) (Entered: 11/01/2023)
10/26/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 23 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/24/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP) (Entered: 11/01/2023)
10/26/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 25) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/26/2023. IT IS ORDERED that Defendants renewed oral Rule 29 Motion is taken under advisement. IT IS FURTHER ORDERED the parties shall brief the forfeiture issue in no more than seven (7) pages by Tuesday, October 31, 2023 at 10:00 AM. Trial will reconvene on Friday, October 27, 2023 at 8:45 AM. (Court Reporter Hilda Lopez/Elaine Cropper.) See attached PDF for complete details. Hearing held 10:04 AM to 4:33 PM.(LFIG) (Entered: 10/27/2023)
10/26/2023NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME as to Eric Walter Kessler by Scott Spear. (Kessler, Eric) (Entered: 10/26/2023)
10/25/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/23/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP) (Entered: 11/01/2023)
10/25/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 17 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/12/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP) (Entered: 11/01/2023)
10/25/2023 Proposed Jury Instructions by Scott Spear. (Feder, Bruce) (Entered: 10/25/2023)
10/25/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 24) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/25/2023. Evidence entered. Defendants renew their oral Rule 29 Motion. Trial will reconvene on Thursday, October 26, 2023 at 9:30 AM. (Court Reporter Elaine Cropper/Cathy Taylor.) See attached PDF for complete details. Hearing held 9:02 AM to 3:59 PM.(LFIG) (Entered: 10/25/2023)
10/25/2023AMENDED TRANSCRIPT REQUEST *Full Trial Transcripts from 10/25/23 to Conclusion (DAILY TURN AROUND TIME REQUESTED) by Scott Spear for proceedings held on 10/25/23 to conclusion of Trial, Judge Diane J Humetewa hearing judge(s). (Attachments: # 1 Attachment justification letter)(Kessler, Eric) *Modified to update description of request on 10/25/2023 (RAP). (Entered: 10/25/2023)
10/25/2023AMENDED TRANSCRIPT REQUEST pursuant to 1908 Notice of Deficiency Trial 10/24/23 (3-DAY TURN AROUND) by Scott Spear for proceedings held on 10/24/25, Judge Diane J Humetewa hearing judge(s). (Attachments: # 1 Attachment justification letter)(Kessler, Eric) (Entered: 10/25/2023)
10/25/20231908NOTICE TO FILER OF DEFICIENCY re: AO435 1907 Transcript Request filed by Scott Spear. Item 17 - TRANSCRIPT REQUESTED: No court proceedings were transcribed or recorded for the requested date of proceeding of 10/23/2023. FOLLOW-UP ACTION REQUIRED: Please refile with a valid date of proceeding for transcription in Item 17. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 10/25/2023)
10/25/2023TRANSCRIPT REQUEST Trial Date of 10/23/24 and 10/24/23 (3 DAY TURN AROUND REQUESTED) by Scott Spear for proceedings held on 10/23/23 and 10/24/23, Judge Diane J Humetewa hearing judge(s). (Attachments: # 1 Attachment justification letter)(Kessler, Eric) (Entered: 10/25/2023)
10/25/2023*(AMENDED TRANSCRIPT REQUEST FILED AT DOC. 1910 )* - TRANSCRIPT REQUEST Trial on10/25/23 through conclusion of trial (DAILY TURN AROUND TIME REQUESTED) by Scott Spear for proceedings held on 10.25.23 through conclusion of trial, Judge Diane J Humetewa hearing judge(s). (Attachments: # 1 Attachment justification letter)(Kessler, Eric) *Modified to reference amended version and create docket entry relationship on 10/25/2023 (RAP). (Entered: 10/25/2023)
10/24/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 23) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/24/2023. IT IS ORDERED the Court rules on pending motion and joinders as set forth on the record. (Docs. 1879 , 1886 , 1887 , 1888 , 1889 ). IT IS ORDERED that Defendants' oral Motion for Mistrial is denied. Evidence entered. Trial will reconvene on Wednesday, October 24, 2023 at 9:00 AM. (Court Reporter Hilda Lopez/Cathy Taylor.) See attached PDF for complete details. Hearing held 9:07 AM to 4:24 PM.(LFIG) (Entered: 10/24/2023)
10/24/20231904ORDER granting 1882 Motion to Continue Sentencing as to Dan Hyer (5). Sentencing is continued from 12/11/2023 to 3/25/2024 at 1:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. ORDERED by Judge Diane J Humetewa on 10/24/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 10/24/2023)
10/23/2023NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of TRIAL - DAY 4 (AM SESSION) (OPENING STATEMENT BY BRUCE FEDER) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/12/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP) (Entered: 11/01/2023)
10/23/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 18 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/13/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP) (Entered: 11/01/2023)
10/23/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 17 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/12/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP) (Entered: 11/01/2023)
10/23/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 16 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/11/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP) (Entered: 11/01/2023)
10/23/2023 Proposed Jury Instructions by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Cambria, Paul) (Entered: 10/23/2023)
10/23/2023NOTICE of Objections to Jury Instructions Draft by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew) (Entered: 10/23/2023)
10/23/2023AMENDED TRANSCRIPT REQUEST pursuant to 1893 Notice of Deficiency by Scott Spear for proceedings held on 09.12.23, Judge Diane J Humetewa hearing judge(s). (Feder, Bruce) (Entered: 10/23/2023)
10/23/20231893NOTICE TO FILER OF DEFICIENCY re: AO435 1892 Transcript Request filed by Scott Spear. Item 18 - ORDER: E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile and provide an email address for delivery. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 10/23/2023)
10/23/2023AMENDED TRANSCRIPT REQUEST pursuant to 1891 Notice of Deficiency (EXCERPT ONLY) TRIAL DAY 4 - OPENING STATEMENT OF BRUCE FEDER (DAILY TURN AROUND TIME) by Scott Spear for proceedings held on 09.12.23, Judge Diane J Humetewa hearing judge(s). (Feder, Bruce) (Entered: 10/23/2023)
10/23/20231891NOTICE TO FILER OF DEFICIENCY re: 1885 Transcript Request filed by Scott Spear. Transcript requests must be submitted on the most current approved form AO435. FOLLOW-UP ACTION REQUIRED: Please refile the transcript request on the most current version AZ Form (Rev. 10/2023) AO435 Transcript Order form available at the district's webpage. Items 1-20 must be completed. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 10/23/2023)
10/23/2023RESPONSE in Opposition by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1879 MOTION to Seek Admission of Brunst's Testimony Re: State of Mind . (Stone, Andrew) (Entered: 10/23/2023)
10/22/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 16 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/11/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251 ]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP) (Entered: 11/01/2023)
10/22/2023JOINDER re: 1879 MOTION to Seek Admission of Brunst's Testimony Re: State of Mind by Joye Vaught. (Bertrand, Joy) *Modified to add linkage on 10/23/2023 (DXD). (Entered: 10/22/2023)
10/22/2023NOTICE of Joinder by Scott Spear as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1879 MOTION to Seek Admission of Brunst's Testimony Re: State of Mind . (Kessler, Eric) (Entered: 10/22/2023)
10/22/2023NOTICE of Joinder by Andrew Padilla re: 1879 MOTION to Seek Admission of Brunst's Testimony Re: State of Mind. (Eisenberg, David) *Modified to add linkage on 10/23/2023 (DXD). (Entered: 10/22/2023)
10/22/2023JOINDER to 1879 MOTION to Seek Admission of Brunst's Testimony Re: State of Mind by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught.. (Cambria, Paul) (Entered: 10/22/2023)
10/21/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 22 proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/20/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/14/2023. Redacted Transcript Deadline set for 11/24/2023. Release of Transcript Restriction set for 1/22/2024. (RAP) (Entered: 10/24/2023)
10/21/2023TRANSCRIPT REQUEST (AMENDED) (EXCERPT ONLY) TRIAL DAY 4 - OPENING STATEMENT OF BRUCE FEDER (DAILY TURN AROUND TIME) by Scott Spear for proceedings held on 09.12.23, Judge Diane J Humetewa hearing judge(s). (Feder, Bruce) (Entered: 10/21/2023)
10/21/2023*(AMENDED TRANSCRIPT REQUEST FILED AT DOC. 1885 )* - TRANSCRIPT REQUEST (EXCERPT ONLY) TRIAL DAY 4, OPENING STATEMENT OF BRUCE FEDER (DAILY TURN AROUND TIME) by Scott Spear for proceedings held on 09/12/23, Judge Diane J Humetewa hearing judge(s). (Feder, Bruce) *Modified to reference amended version and create docket entry relationship on 10/23/2023 (RAP). (Entered: 10/21/2023)
10/21/20231883ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED the Government shall make the following changes to their proposed verdict form: (1) place "NOT GUILTY" before "GUILTY" in each of the Counts; and (2) remove the "Ad Title" column in each of the Travel Act Counts. IT IS FURTHER ORDERED the amended verdict form shall be emailed to chambers by Tuesday, October 24, 2023, at 9:00 AM. ORDERED by Judge Diane J Humetewa on 10/21/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 10/21/2023)
10/20/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 21 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/19/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/14/2023. Redacted Transcript Deadline set for 11/24/2023. Release of Transcript Restriction set for 1/22/2024. (RAP) (Entered: 10/24/2023)
10/20/2023 MOTION to Continue Sentencing by USA as to Dan Hyer. (Attachments: # 1 Proposed Order)(Rapp, Kevin) (Entered: 10/20/2023)
10/20/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 22) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/20/2023. Evidence entered. IT IS ORDERED taking Defendants' oral Rule 29 Motion under advisement. Trial will reconvene on Tuesday, October 24, 2023 at 9:00 AM. (Court Reporter Teri Veres.) See attached PDF for complete details. Hearing held 9:01 AM to 12:45 PM.(LFIG) (Entered: 10/20/2023)
10/20/20231880ORDER as to John Brunst: IT IS ORDERED that the Government shall file its Response to Defendant John Brunst's Motion to Seek Admission of Brunst's Testimony re: State of Mind (Doc. 1879 ) by close of business on Monday, October 23, 2023. No reply is permitted. ORDERED by Judge Diane J Humetewa on 10/20/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 10/20/2023)
10/20/2023 MOTION to Seek Admission of Brunst's Testimony Re: State of Mind by John Brunst. (Lincenberg, Gary) (Entered: 10/20/2023)
10/19/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 21 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/19/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/14/2023. Redacted Transcript Deadline set for 11/24/2023. Release of Transcript Restriction set for 1/22/2024. (RAP) (Entered: 10/24/2023)
10/19/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 20 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/18/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/14/2023. Redacted Transcript Deadline set for 11/24/2023. Release of Transcript Restriction set for 1/22/2024. (RAP) (Entered: 10/24/2023)
10/19/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 21) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/19/2023. Evidence entered. Trial will reconvene on Friday, October 20, 2023 at 9:00 AM. (Court Reporter Cathy Taylor/Christine Coaly.) See attached PDF for complete details. Hearing held 9:02 AM to 4:28 PM.(LFIG) (Entered: 10/20/2023)
10/19/2023 Proposed Verdict Form by Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Lincenberg, Gary) (Entered: 10/19/2023)
10/19/2023 Proposed Verdict Form by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew) (Entered: 10/19/2023)
10/19/2023NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME as to Eric Walter Kessler by Scott Spear. (Kessler, Eric) (Entered: 10/19/2023)
10/18/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 20 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/18/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/14/2023. Redacted Transcript Deadline set for 11/24/2023. Release of Transcript Restriction set for 1/22/2024. (RAP) (Entered: 10/24/2023)
10/18/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 19 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/17/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/14/2023. Redacted Transcript Deadline set for 11/24/2023. Release of Transcript Restriction set for 1/22/2024. (RAP) (Entered: 10/24/2023)
10/18/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 20) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/18/2023. Evidence entered. Trial will reconvene on Thursday, October 19, 2023 at 9:00 AM. (Court Reporter Teri Veres/Hilda Lopez.) See attached PDF for complete details. Hearing held 8:59 AM to 4:35 PM.(LFIG) (Entered: 10/18/2023)
10/18/2023REPLY re: 1840 Trial Brief in Support of Objections to Court Rulings During Ferrer Testimony by Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Affidavit Declaration of Daniel J. Quigley)(Lincenberg, Gary) (Entered: 10/18/2023)
10/17/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 19 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/17/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/14/2023. Redacted Transcript Deadline set for 11/24/2023. Release of Transcript Restriction set for 1/22/2024. (RAP) (Entered: 10/24/2023)
10/17/20231864ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that all parties shall submit revisions to their proposed forms of verdict by Thursday, October 19, 2023, at 4:00 p.m. ORDERED by Judge Diane J Humetewa on 10/17/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 10/17/2023)
10/17/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 19) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/17/2023. Evidence entered. IT IS ORDERED that Defendants' oral Motion for Mistrial is denied. Trial will reconvene on Wednesday, October 18, 2023 at 9:00 AM. IT IS ORDERED that by October 18, 2023 at 4:00 PM, defense counsel shall disclose the Rule 26.2 statements of their first witnesses. IT IS FURTHER ORDERED setting an In-Court Hearing for 10/20/2023 at 1:30 PM in Special Proceedings Courtroom, 2nd Floor, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. (Court Reporter Hilda Lopez/Cathy Taylor.) See attached PDF for complete details. Hearing held 8:59 AM to 4:51 PM.(LFIG) (Entered: 10/17/2023)
10/17/2023*AMENDED TRANSCRIPT REQUEST Trial Transcript with attached word index (14 DAY TURN AROUND TIME REQUESTED) by Scott Spear for proceedings held on 10.11.23 through 10.13.23, Judge Diane J Humetewa hearing judge(s). (Attachments: # 1 Attachment justification letter)(Kessler, Eric) *Modified to reference amended version and create docket entry relationship on 10/17/2023 (RAP). (Entered: 10/17/2023)
10/17/2023TRANSCRIPT REQUEST Trial Transcript with word index 10.17.23 through 10.27.23 (DAILY TURN AROUND TIME REQUESTED) by Scott Spear for proceedings held on 10.17.23 to 10.27.23, Judge Diane J Humetewa hearing judge(s). (Attachments: # 1 Attachment justification ltr)(Kessler, Eric) (Entered: 10/17/2023)
10/16/2023*(AMENDED TRANSCRIPT REQUEST FILED AT DOC. 1862 )* - TRANSCRIPT REQUEST by Scott Spear for proceedings held on 10.12.23 through 10.27.23, Judge Diane J Humetewa hearing judge(s). (Attachments: # 1 justification ltr)(Kessler, Eric) *Modified to reference amended version and create docket entry relationship on 10/17/2023 (RAP). (Entered: 10/16/2023)
10/14/2023NOTICE of Witnesses for Defense Case and Response to Court Order on behalf of Michael Lacey, John Brunst, Scott Spear, Andrew Padilla, and Joye Vaught by Michael Lacey. (Attachments: # 1 Exhibit A)(Cambria, Paul) (Entered: 10/14/2023)
10/13/20231858ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that by October 14, 2023, at 5:00 p.m., Defendants, individually or collectively, shall inform the Court and the Government of the first five (5) witnesses they intend to call for their respective case-in-chief. ORDERED by Judge Diane J Humetewa on 10/13/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 10/13/2023)
10/13/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 18) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/13/2023. Evidence entered. Trial will reconvene on Tuesday, October 17, 2023 at 9:00 AM. (Court Reporter Cathy Taylor.) See attached PDF for complete details. Hearing held 8:52 AM to 12:32 PM.(LFIG) (Entered: 10/13/2023)
10/13/2023 MOTION to Dismiss Counts: Motion to Enforce Abatement of Prosecution by James Larkin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Eckstein, Timothy) (Entered: 10/13/2023)
10/13/2023NOTICE OF ATTORNEY APPEARANCE: Timothy J Eckstein appearing for James Larkin , the Estate of James Larkin. (Eckstein, Timothy) (Entered: 10/13/2023)
10/12/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of IN-COURT HEARING proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/25/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/8/2023. Redacted Transcript Deadline set for 11/20/2023. Release of Transcript Restriction set for 1/16/2024. (RAP) (Entered: 10/18/2023)
10/12/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 17) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/12/2023. ORDERED denying Defendants' previous oral Motion for Mistrial. ORDERED granting in part Defendants' Joint Motion (Doc. 1822 ). Evidence entered. Trial will reconvene on Friday, October 13, 2023 at 9:00 AM. (Court Reporter Cathy Taylor/Teri Veres.) See attached PDF for complete details. Hearing held 8:48 AM to 4:14 PM.(LFIG) (Entered: 10/12/2023)
10/11/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 16 (A.M. SESSION) (EXCERPTED TESTIMONY OF JESS ADAMS) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/11/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/8/2023. Redacted Transcript Deadline set for 11/20/2023. Release of Transcript Restriction set for 1/16/2024. (RAP) (Entered: 10/18/2023)
10/11/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 15 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/10/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/2/2023. Redacted Transcript Deadline set for 11/13/2023. Release of Transcript Restriction set for 1/10/2024. (RAP) (Entered: 10/18/2023)
10/11/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 15 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/10/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/8/2023. Redacted Transcript Deadline set for 11/20/2023. Release of Transcript Restriction set for 1/16/2024. (RAP) (Entered: 10/18/2023)
10/11/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 16) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/11/2023. Evidence entered. Defendants' oral Motion for Mistrial is taken under advisement. Trial will reconvene on Thursday, October 12, 2023 at 8:45 AM. (Court Reporter Teri Veres/Cathy Taylor.) See attached PDF for complete details. Hearing held 8:45 AM to 4:15 PM.(LFIG) Modified on 10/12/2023 to add text. (LFIG) (Entered: 10/12/2023)
10/11/2023RESPONSE re: 1840 Trial Brief, 1841 MOTION in Limine re Joinder in Trial Brief and testimony re Section 230 by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Kozinets, Peter) (Entered: 10/11/2023)
10/10/2023*FINAL VERSION w/o WORD INDEX FILED AT DOC. 1868 ; TRANSCRIPT DOCUMENT RESTRICTIONS WILL NOT BE LIFTED/RELEASED FOR THIS VERSION* - NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 15 (P.M. SESSION) as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/10/2023, before Judge Diane J. Humetewa. Court Reporter Cathy J. Taylor, RMR, CRR, CRC, Telephone number 602-322-7249. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/2/2023. Redacted Transcript Deadline set for 11/13/2023. Release of Transcript Restriction set for 1/10/2024. (ALJ) *Modified to notate that document restrictions will not be lifted, when release date becomes eligible, on 10/18/2023 (RAP). (Entered: 10/12/2023)
10/10/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 15) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/10/2023. Evidence entered. Trial will reconvene on Wednesday, October 11, 2023 at 8:45 AM. (Court Reporter Jennifer Pancratz/Cathy Taylor.) See attached PDF for complete details. Hearing held 8:59 AM to 4:33 PM.(LFIG) (Entered: 10/10/2023)
10/10/2023TRANSCRIPT REQUEST Hearing on 9/25/23 re exhibits (DAILY TURN AROUND TIME REQUESTED) by Scott Spear for proceedings held on 092523, Judge Diane J Humetewa hearing judge(s). (Attachments: # 1 Attachment justification ltr)(Kessler, Eric) (Entered: 10/10/2023)
10/6/20231845ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Before the Court are Defendants' Brief in Support of Objections to Court Rulings During Ferrer Testimony (Doc. 1840 ) and Defendant Spear's Joinder (Doc. 1841 ). IT IS ORDERED that the Government file a Response thereto be filed by Wednesday, October 11, 2023 at 9:00 AM. ORDERED by Judge Diane J Humetewa on 10/6/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 10/06/2023)
10/6/2023NOTICE NOTICE RE: WITNESSS ASSERTION OF ATTORNEY-CLIENT PRIVILEGE by Carl Ferrer as to Michael Lacey. (Baum, Jonathan) (Entered: 10/06/2023)
10/6/2023RESPONSE re: 1825 MOTION for Protective Order by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Cambria, Paul) (Entered: 10/06/2023)
10/6/2023RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1822 Joint MOTION to Bar the Government from Asserting Privilege on Behalf of its Witnesses . (Kozinets, Peter) (Entered: 10/06/2023)
10/6/2023JOINDER in Trial Brief and testimony re Section 230 by Scott Spear. (Kessler, Eric) Modified event on 10/11/2023. (LFIG) (Entered: 10/06/2023)
10/5/2023TRIAL BRIEF by Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Lincenberg, Gary) (Entered: 10/05/2023)
10/5/20231839NOTICE TO FILER OF DEFICIENCY re: 1819 Transcript Request filed by Joye Vaught, 1820 Transcript Request filed by Joye Vaught. Failed to submit AUTH-24 voucher in conjunction with transcript requests. FOLLOW-UP ACTION REQUIRED: If any of the requested proceedings have already been transcribed and provided to a CJA appointed colleague on the case, please reach out to them and obtain a copy from them. CJA will not approve payment for duplicate transcripts already provided to a CJA appointed colleague on the same case. Additionally, if transcripts, not yet produced, are needed please re-submit an AO435 Transcript Request and create/submit an AUTH-24 voucher. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 10/05/2023)
10/4/2023NOTICE OF ERRATA MOVANT CARL FERRERS MOTION FOR A PROTECTIVE ORDER by Carl Ferrer as to Michael Lacey.. (Attachments: # 1 Errata MOVANT CARL FERRERS MOTION FOR A PROTECTIVE ORDER)(Baum, Jonathan) (Entered: 10/04/2023)
10/4/20231828ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Before the Court is Defendants' Joint Motion to Bar the Government from Asserting Privilege on Behalf of its Witnesses (Doc. 1822 ) and Movant Carl Ferrer's Motion for Protective Order (Doc. 1825 ). IT IS ORDERED that responses to both Motions shall be filed by Friday, October 6, 2023, by 12:00 p.m. No replies are allowed. ORDERED by Judge Diane J Humetewa on 10/4/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 10/04/2023)
10/3/2023NOTICE OF ERRATA re: 1826 Notice (Other), 1825 MOTION for Protective Order Declaration with Corrected Exhibit by Carl Ferrer as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught.. (Baum, Jonathan) (Entered: 10/03/2023)
10/3/2023NOTICE DECLARATION OF JONATHAN BAUM IN SUPPORT OF MOVANT CARL FERRERS MOTION FOR A PROTECTIVE ORDER by Carl Ferrer as to Michael Lacey re: 1825 MOTION for Protective Order . (Attachments: # 1 Exhibit A)(Baum, Jonathan) (Entered: 10/03/2023)
10/3/2023 MOTION for Protective Order by Carl Ferrer as to Michael Lacey. (Baum, Jonathan) (Entered: 10/03/2023)
10/3/2023Remark: Pro hac vice motion(s) granted for Tahir L Boykins on behalf of Movant Carl Ferrer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 10/03/2023)
10/2/2023NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of ARGUMENT ON FIRST AMENDMENT INSTRUCTION AND RULING proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/18/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/25/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/2/2024. (RAP) (Entered: 10/04/2023)
9/29/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 14 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/28/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/25/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/2/2024. (RAP) (Entered: 10/04/2023)
9/29/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 14 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/28/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/25/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/2/2024. (RAP) (Entered: 10/04/2023)
9/29/2023*(REQUEST CANCELLED FOR FAILURE TO MAKE PAYMENT/DEPOSIT)* - TRANSCRIPT REQUEST (3rd PARTY/MEDIA) by Isaiah Poritz of Bloomberg Industry Group (Arlington, VA) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for trial proceedings held on 08/29/2023 - 11/09/2023, Judge Diane J Humetewa hearing judge(s). (RAP) Modified on 10/17/2023 (RAP). (Entered: 09/29/2023)
9/29/2023Joint MOTION to Bar the Government from Asserting Privilege on Behalf of its Witnesses by Joye Vaught. (Bertrand, Joy) (Entered: 09/29/2023)
9/28/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 13 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/27/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/25/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/2/2024. (RAP) (Entered: 10/04/2023)
9/28/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 14) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/28/2023. Evidence entered. Trial will reconvene on Tuesday, October 10, 2023 at 9:00 AM. (Court Reporter Jennifer Pancratz/Teri Veres.) See attached PDF for complete details. Hearing held 8:49 AM to 4:40 PM.(LFIG) (Entered: 09/28/2023)
9/28/2023TRANSCRIPT REQUEST (DAILY TURN AROUND TIME) by Joye Vaught for proceedings held on September 25, 2023, Judge Diane J Humetewa hearing judge(s). (Attachments: # 1 Attachment)(Bertrand, Joy) (Entered: 09/28/2023)
9/28/2023TRANSCRIPT REQUEST (DAILY TURN AROUND TIME) by Joye Vaught for proceedings held on August 18, 2023, Judge Diane J Humetewa hearing judge(s). (Attachments: # 1 Attachment)(Bertrand, Joy) (Entered: 09/28/2023)
9/27/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 13 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/27/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/25/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/2/2024. (RAP) (Entered: 10/04/2023)
9/27/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 12 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/26/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/25/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/2/2024. (RAP) (Entered: 10/04/2023)
9/27/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 13) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/27/2023. Evidence entered. Trial will reconvene on Thursday, September 28, 2023 at 8:45 AM. (Court Reporter Cathy Taylor/Teri Veres.) See attached PDF for complete details. Hearing held 8:53 AM to 4:35 PM.(LFIG) (Entered: 09/27/2023)
9/26/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 12 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/26/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/25/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/2/2024. (RAP) (Entered: 10/04/2023)
9/26/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 12) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/26/2023. Evidence entered. Trial will reconvene on Wednesday, September 27, 2023 at 8:45 AM. (Court Reporter Hilda Lopez/Cathy Taylor.) See attached PDF for complete details. Hearing held 8:51 AM to 4:44 PM.(LFIG) (Entered: 09/26/2023)
9/25/20231816MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: In-Court Hearing as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/25/2023. Before the Court are the United States' Stipulations and Objections (Doc. 1801 ), Defendants' Response (Doc. 1803 ) and the United States' Reply (Doc. 1815 ). Arguments heard. The Court's rulings are as set forth on the record and the parties shall proceed accordingly.

Appearances: AUSAs Austin Berry, Andrew Stone, Kevin Rapp, Margaret Perlmeter, and Peter Kozinets for the Government, present in-person. Retained attorney Paul Cambria for Defendant Lacey. Defendant is present telephonically and released. Retained (Knapp) attorney Bruce Feder and CJA attorney Eric W. Kessler for Defendant Scott Spear. Defendant is not present and his presence is waived by counsel. Retained attorneys Gary Lincenberg (telephonically) and Gopi Panchapakesan for Defendant Brunst. Defendant is present and released. CJA attorney David Eisenberg for Defendant Padilla. Defendant is not present and his presence is waived by counsel. CJA attorney Joy Bertrand (telephonically) for Defendant Vaught. Defendant is not present and her presence is waived by counsel. (Court Reporter Hilda Lopez.) Hearing held 3:45 PM to 5:04 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 09/26/2023)
9/23/2023REPLY to Defendants' Response (Doc. 1803) by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Berry, Austin) (Entered: 09/23/2023)
9/22/2023AMENDED MINUTE ENTRY for proceedings held before Judge Diane J Humetewa (Amending Doc. 1806 ): Jury Trial (Day 11) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/22/2023. Evidence entered. Hearing re: Exhibits set for 9/25/2023 at 3:45 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Trial will reconvene on Tuesday, September 26, 2023 at 8:45 AM. (Court Reporter Cathy Taylor.) See attached PDF for complete details. Hearing held 9:11 AM to 12:47 PM.(LFIG)

Reason for Amendment: Minute Entry amended to correct paragraph one. (LFIG) (Entered: 11/30/2023)
9/22/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 11 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/22/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/23/2023. Redacted Transcript Deadline set for 11/2/2023. Release of Transcript Restriction set for 1/2/2024. (RAP) (Entered: 10/02/2023)
9/22/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 10 (P.M.) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/21/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/13/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/21/2023. (RAP) (Entered: 09/22/2023)
9/22/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 10 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/21/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/13/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/21/2023. (RAP) (Entered: 09/22/2023)
9/22/2023*(REQUEST CANCELLED FOR FAILURE TO MAKE PAYMENT/DEPOSIT)* - TRANSCRIPT REQUEST (3rd PARTY) by David E. Harris of Sico Hoelscher Harris LLP (Corpus Christi, TX) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 08/29/2023 - 11/09/2023, Judge Diane J Humetewa hearing judge(s). (RAP) Modified on 10/17/2023 (RAP). (Entered: 09/22/2023)
9/22/2023AMENDED by Doc. 1997 MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 11) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/22/2023. Evidence entered. Hearing re: Exhibits set for 9/25/2023 at 3:45 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Trial will reconvene on Tuesday, September 26, 2023 at 8:45 AM. (Court Reporter Cathy Taylor.) See attached PDF for complete details. Hearing held 9:11 AM to 12:47 PM.(LFIG) Modified on 11/30/2023 (LFIG). (Entered: 09/22/2023)
9/22/2023TRANSCRIPT REQUEST OF CARL FERRER by Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 9.22.23-11,9.23, Judge Diane J Humetewa hearing judge(s). (Baum, Jonathan) (Entered: 09/22/2023)
9/21/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 10) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/21/2023. Evidence entered. Trial will reconvene on Friday, September 22, 2023 at 9:00 AM. (Court Reporter Hilda Lopez/Elaine Cropper.) See attached PDF for complete details. Hearing held 8:57 AM to 4:40 PM.(LFIG) (Entered: 09/22/2023)
9/21/2023RESPONSE re: 1801 Stipulation, Defendants' Response to Government's Objections to Admission of Evidence by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A)(Cambria, Paul) (Entered: 09/21/2023)
9/20/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 9 (P.M.) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/20/2023, before Judge DIANE J. HUMETEWA. [Court Reporter/Transcriber Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/13/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/21/2023. (RAP) (Entered: 09/22/2023)
9/20/2023NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of JURY TRIAL - DAY 9 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/20/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/13/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/21/2023. (RAP) (Entered: 09/22/2023)
9/20/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 8 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/19/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/13/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/21/2023. (RAP) (Entered: 09/22/2023)
9/20/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 9) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/20/2023. Evidence entered. Trial will reconvene on Thursday, September 21, 2023 at 9:00 AM. (Court Reporter Teri Veres/Elaine Cropper.) See attached PDF for complete details. Hearing held 9:12 AM to 4:40 PM.(LFIG) (Entered: 09/21/2023)
9/20/2023STIPULATION Stipulations and Objections to Defense Exhibits by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Attachment A - Stipulated exhibits, # 2 Attachment B - Irrelevant, misleading, cumulative exhibits)(Berry, Austin) (Entered: 09/20/2023)
9/19/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 8 (A.M.) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/19/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/13/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/21/2023. (RAP) (Entered: 09/22/2023)
9/19/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 8) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/19/2023. Evidence entered. Defendants' oral Motion for Mistrial is denied. Trial will reconvene on Wednesday, September 20, 2023 at 9:00 AM. (Court Reporter Elaine Cropper/Hilda Lopez.) See attached PDF for complete details. Hearing held 9:10 AM to 4:35 PM.(LFIG) (Entered: 09/19/2023)
9/18/2023NOTICE OF FILING OF OFFICIAL AMENDED TRANSCRIPT of JURY TRIAL - DAY 7 (EXCERPTED TESTIMONY OF CARL FERRER) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/15/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. Amended to correct proceeding date year on title page and header. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/6/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/14/2023. (RAP) (Entered: 09/22/2023)
9/18/2023TRANSCRIPT REQUEST Amended Transcript Request for Doc. 1739 by Scott Spear for proceedings held on 08/29/2023 - 11/09/2023, Judge Diane J Humetewa hearing judge(s). (Kessler, Eric) (Entered: 09/18/2023)
9/15/2023AMENDED MINUTE ENTRY for proceedings held before Judge Diane J Humetewa (Amending Doc. 1796 ): Jury Trial (Day 7) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/15/2023. Evidence entered. Defendants' oral Motion for Mistrial is denied. Trial will reconvene on Tuesday, September 19, 2023 at 9:00 AM. (Court Reporter Elaine Cropper.) See attached PDF for complete details. Hearing held 8:33 AM to 12:46 PM.(LFIG)

Reason for Amendment: (Minute Entry amended to correct number of last exhibit admitted to reflect 684a.)(LFIG) (Entered: 09/19/2023)
9/15/2023*(AMENDED TRANSCRIPT FILED AT DOC. 1808 )* - NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 7 (EXCERPTED TESTIMONY OF CARL FERRER) proceeding as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 9/15/2022, before Judge Diane J. Humetewa. Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602)322-7245. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/6/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/14/2023. (SCH) *Modified to reference amended version and create docket entry relationship on 9/22/2023 (RAP). (Entered: 09/18/2023)
9/15/2023AMENDED by Doc. 1800 MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 7) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/15/2023. Evidence entered. Defendants' oral Motion for Mistrial is denied. Trial will reconvene on Tuesday, September 19, 2023 at 9:00 AM. (Court Reporter Elaine Cropper.) See attached PDF for complete details. Hearing held 8:33 AM to 12:46 PM.(LFIG) Modified on 9/19/2023 (LFIG). (Entered: 09/18/2023)
9/15/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 6 - P.M. SESSION (EXCERPTED TESTIMONY OF CARL FERRER) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/14/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/6/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/14/2023. (RAP) (Entered: 09/15/2023)
9/15/2023***Remark as to James Larkin re: The bond exonerated by Order (Doc. 1736 ) has been returned to Margaret G. Larkin by Certified Mail Receipt No: 7020 3160 0000 0296 0253 on 09/15/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (HLA) (Entered: 09/15/2023)
9/14/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 6 - A.M. SESSION (EXCERPTED TESTIMONY OF CARL FERRER) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/14/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/5/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/13/2023. (RAP) (Entered: 09/14/2023)
9/14/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 5 - P.M. SESSION (EXCERPTED TESTIMONY OF CARL FERRER) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/13/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/5/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/13/2023. (RAP) (Entered: 09/14/2023)
9/14/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 5 - A.M. SESSION (EXCERPTED TESTIMONY OF CARL FERRER) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/13/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/5/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/13/2023. (RAP) (Entered: 09/14/2023)
9/14/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 6) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/14/2023. Evidence entered. Defendants' oral Motions for a Mistrial are denied. Trial will reconvene on Friday, September 15, 2023 at 9:00 AM. (Court Reporter Cathy Taylor/Teri Veres.) See attached PDF for complete details. Hearing held 9:00 AM to 4:35 PM.(LFIG) (Entered: 09/14/2023)
9/14/2023NOTICE Response in Opposition by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1744 Supplement. (Stone, Andrew) (Entered: 09/14/2023)
9/13/2023AMENDED MINUTE ENTRY for proceedings held before Judge Diane J Humetewa (Amending Doc. 1787 ): Jury Trial (Day 5) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/13/2023. Evidence entered. Trial will reconvene on Thursday, September 14, 2023 at 9:00 AM. (Court Reporter Hilda Lopez/Teri Veres.) See attached PDF for complete details. Hearing held 9:07 AM to 4:31 PM.(LFIG)

Reason for Amendment: (Minute Entry amended to include admission of Exhibit 10a.). (LFIG) (Entered: 09/15/2023)
9/13/2023NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of TRIAL - DAY 4 (AM SESSION) (JUDICIAL RULINGS PRIOR TO TRIAL) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/12/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/5/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/13/2023. (RAP) (Entered: 09/14/2023)
9/13/2023AMENDED by Doc. 1794 MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 5) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/13/2023. Evidence entered. Trial will reconvene on Thursday, September 14, 2023 at 9:00 AM. (Court Reporter Hilda Lopez/Teri Veres.) See attached PDF for complete details. Hearing held 9:07 AM to 4:31 PM.(LFIG) Modified on 9/15/2023 (LFIG). (Entered: 09/14/2023)
9/13/2023NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of Testimony of CARL FERRER proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/12/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/4/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/12/2023. (RAP) (Entered: 09/13/2023)
9/12/2023AMENDED MINUTE ENTRY for proceedings held before Judge Diane J Humetewa (Amending Doc. 1784 ): Jury Trial (Day 4) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/12/2023. Evidence entered. Trial will reconvene on Wednesday, September 13, 2023 at 9:00 AM. (Court Reporter Hilda Lopez/Elaine Cropper.) See attached PDF for complete details. Hearing held 9:01 AM to 4:39 PM.(LFIG)

Reason for Amendment: (Minute Entry re-filed to reflect final version.) (LFIG) (Entered: 09/13/2023)
9/12/2023AMENDED by Doc. 1785 MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 4) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/12/2023. Evidence entered. Trial will reconvene on Wednesday, September 13, 2023 at 9:00 AM. (Court Reporter Hilda Lopez/Elaine Cropper.) See attached PDF for complete details. Hearing held 9:01 AM to 4:39 PM.(LFIG) Modified on 9/13/2023 (LFIG). (Entered: 09/13/2023)
9/12/2023TRANSCRIPT REQUEST by Scott Spear for proceedings held on 09/12/2023, Judge Diane J Humetewa hearing judge(s). (Kessler, Eric) (Entered: 09/12/2023)
9/11/2023RESPONSE in Opposition by Michael Lacey re: 1763 MOTION for curative jury instructions . (Cambria, Paul) (Entered: 09/11/2023)
9/11/2023RESPONSE to Motion by John Brunst as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1763 MOTION for curative jury instructions . (Panchapakesan, Gopi) (Entered: 09/11/2023)
9/8/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC HEARING RE: EXHIBITS proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/08/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/2/2023. Redacted Transcript Deadline set for 10/12/2023. Release of Transcript Restriction set for 12/11/2023. (RAP) (Entered: 09/11/2023)
9/8/20231779MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Telephonic Hearing re: Exhibits as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/8/2023. The Court having reviewed the Exhibits, IT IS ORDERED that to the extent the Government lays sufficient foundation, emails to and from Mr. Ferrer and those that he was cc'd on, the Court finds are probative and admissible under 801(d)(2)(A) and (D). As to the letters, the Court adheres to Judge Brnovich's prior ruling. The Court finds that provided sufficient foundation is laid, the letters are probative. Defendants may renew their objections at the time of trial. Defendants objections heard and discussion held re: Exhibits 567a, 1174, 1935, 24, 24a, 570, 1151, 1151a, 1944, 573a, 1862, 1862a, 574, 1946, 1946a-b, 575, 575b, 28, 579, 902, 585, 585a, 1895, 1895c, 34, 35, 311, 593a-c, 594, 804, 49, 1187, 1613, 918, 925, 1610, 1609a, 923, 932, 933a, 52, 907, 1185a, 938, 600. IT IS FURTHER ORDERED the parties shall proceed as directed on the record. Objections are noted. Parties are reminded of the previous Court's rulings re: terms used during trial. The jury will be instructed on what the case is about and it cannot preclude the Government from using an exhibit referencing trafficking. The Court makes its concerns known re: Exhibits 573 and 573a. IT IS FURTHER ORDERED that trial will resume on Tuesday, September 12, 2023 at 9:00 AM. IT IS FURTHER ORDERED vacating the Telephonic Hearing set for Monday, September 11th.

Appearances: AUSA Austin Berry, Andrew Stone, Kevin Rapp, Margaret Perlmeter, and Peter Kozinets for the Government, present in-person. Telephonic Appearances: Retained attorney Paul Cambria for Defendant Lacey. Defendant is present telephonically and released. Retained (Knapp) attorney Bruce Feder and CJA attorney Eric W. Kessler for Defendant Scott Spear. Defendant is not present and his presence is waived by counsel. Retained attorney Gopi Panchapakesan for Defendant Brunst. Defendant is not present and his presence is waived by counsel. CJA attorney David Eisenberg for Defendant Padilla. Defendant is present telephonically and released. CJA attorney Joy Bertrand for Defendant Vaught. Defendant is not present and her presence is waived by counsel. (Court Reporter Cathy Taylor.) Hearing held 9:30 AM to 12:35 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 09/08/2023)
9/8/2023RESPONSE re: 1758 Notice of Objections to Government's Proposed Exhibits to be Admitted Through Carl Ferrer by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew) *Modified to add link on 9/11/2023 (DXD). (Entered: 09/08/2023)
9/8/2023TRANSCRIPT REQUEST by Scott Spear for proceedings held on 09/08/2023, Judge Diane J Humetewa hearing judge(s). (Kessler, Eric) (Entered: 09/08/2023)
9/8/20231774ORDER as to Dan Hyer: IT IS ORDERED continuing Sentencing from 9/25/2023 to 12/11/2023 at 1:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. ORDERED by Judge Diane J Humetewa on 9/8/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 09/08/2023)
9/8/2023TRANSCRIPT REQUEST by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 09/08/2023, Judge Diane J Humetewa hearing judge(s). (Berry, Austin) (Entered: 09/08/2023)
9/7/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 3 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/31/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 9/29/2023. Redacted Transcript Deadline set for 10/10/2023. Release of Transcript Restriction set for 12/7/2023. (RAP) (Entered: 09/08/2023)
9/7/2023NOTICE re CDC Guidelines by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Berry, Austin) (Entered: 09/07/2023)
9/7/20231769ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that Defendants may file jointly or separately, a response to the Government's Motion for Curative Instructions (Doc. 1763 ) by Monday, September 11, 2023 at 12:00 PM. Any response shall be limited to no more than ten (10) pages. No reply is permitted. ORDERED by Judge Diane J Humetewa on 9/7/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 09/07/2023)
9/7/20231768ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Having received a Declaration from Defendant Spear, IT IS ORDERED that all parties appear for the resumption of trial on Tuesday, September 12, 2023 at 9:00 AM in the Special Proceedings Courtroom. IT IS FURTHER ORDERED that the Telephonic Hearing re: Exhibits will resume on Friday, September 8, 2023 at 9:30 AM, in the Special Proceedings Courtroom. Counsel and Defendants may appear telephonically using previously provided dialing instructions. ORDERED by Judge Diane J Humetewa on 9/7/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 09/07/2023)
9/7/20231767ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that upon notice to the Court that a COVID-positive party will not waive his/her presence for missed trial days, within 24 hours, the Government and Defendants (either jointly or separately) shall file a brief, no more than 7 pages, as to why the non-appearing Defendant should not be severed for separate trial and a mistrial therefore declared as to him/her, resulting from a delayed jury trial proceeding. ORDERED by Judge Diane J Humetewa on 9/7/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 09/07/2023)
9/7/20231766ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Due to unanticipated delay, the Jury, having been carefully screened to perform its duties by a date certain, are now behind their understood trial schedule. To prevent further delay, IT IS ORDERED that any counsel or Defendant who exhibits symptoms of COVID shall test and submit a sealed filing of a positive COVID test, and accompanying doctor's note indicating the course of treatment undertaken. The filing shall indicate the number of trial days that any party expects to miss. IT IS FURTHER ORDERED that the Court, pursuant to the now-expired CARES Act, will invoke its provisions to accommodate any Defendant and/or counsel to appear remotely (telephonically or by video) or to waive his/her presence for any missed trial days, so as not to further delay the trial proceedings. The filing shall therefore also include a statement as to whether or not the Defendant/counsel agrees to appear remotely. ORDERED by Judge Diane J Humetewa on 9/7/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 09/07/2023)
9/7/2023 MOTION for curative jury instructions by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Berry, Austin) (Entered: 09/07/2023)
9/7/20231761NOTICE TO FILER OF DEFICIENCY re: AO435 1759 Transcript Request filed by USA. Item 17 - TRANSCRIPT REQUESTED: No dates of proceedings specified. We do not accept open ended transcript orders. FOLLOW-UP ACTION REQUIRED: Orders for the realtime feed/rough draft MUST be placed in advance (if date is known) or the same day as the hearing. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 09/07/2023)
9/6/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 3 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/31/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 9/29/2023. Redacted Transcript Deadline set for 10/10/2023. Release of Transcript Restriction set for 12/7/2023. (RAP) (Entered: 09/08/2023)
9/6/20231762MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Telephonic Hearing re: Exhibits as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/6/2023. Defendants objections heard re: Exhibits 2030, 2031, 1056, 1056a, 1057, 10, 10a, 19, 20, 1155, 1156, 1835, 1835a-c, 1162, 23, 547, 549, 1164, 1164a, 551, 1841, 1851, 1168, 564, 564a, 1852, 1855, 1856, 1857a-b, 1858-1861, 1172a, 567, 568, 899, 899e, 1849, 1849a, 1850, 560, 837, 1941, 1941a, 1172, 1171, 1171a, 1857. As set forth on the record, IT IS ORDERED that the Government will need to meet its burden to show that a conspiracy existed at the time of the communications in the exhibits that were discussed. To the extent that the Government can lay foundation and meet the hurdles of 901, the Court finds there is sufficient grounds for authentication. IT IS FURTHER ORDERED that Defendants can renew their 401 objections if the Government has not laid sufficient foundation during trial. IT IS FURTHER ORDERED that the Government shall file a responsive to Defendants' Preliminary Objections to the Government's Proposed Exhibits to be Admitted Through Carl Ferrer (Doc. 1758 ) by September 8, 2023 at 5:00 p.m. No reply is permitted.

Appearances: AUSA Austin Berry, Andrew Stone, Kevin Rapp, Margaret Perlmeter, and Peter Kozinets for the Government, present in-person. Telephonic Appearances: Retained attorney Paul Cambria for Defendant Lacey. Defendant is present telephonically and released. Retained attorney Bruce Feder and CJA attorney Eric W. Kessler for Defendant Scott Spear. Defendant is not present and his presence is waived by counsel. Retained attorney Gopi Panchapakesan for Defendant Brunst. Defendant is present in-person and released. CJA attorney David Eisenberg for Defendant Padilla. Defendant is present telephonically and released. CJA attorney Joy Bertrand for Defendant Vaught. Defendant is not present and her presence is waived by counsel. IT IS FURTHER ORDERED that Court will reconvene in a Telephonic Hearing on Thursday, September 7, 2023 at 2:00 PM.

LATER (off the record): IT IS ORDERED the Telephonic Hearing set for September 7, 2023 at 2:00 PM is VACATED and RESET for Friday, September 8, 2023 at 9:30 AM, if trial does not reconvene. If trial reconvenes on Friday, the Telephonic Hearing re: Exhibits will resume on Monday, September 11, 2023 at 2:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Counsel shall dial-in using the previously provided instructions. (Court Reporter Elaine Cropper.) Hearing held 1:31 PM to 4:34 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 09/07/2023)
9/6/2023TRANSCRIPT REQUEST Status conference on 9/5/23 & Exhibit hearing 9/6/23 by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 9/5/23 and 9/6/23, Judge Diane J Humetewa hearing judge(s). (Berry, Austin) (Entered: 09/06/2023)
9/6/2023TRANSCRIPT REQUEST All non-jury hearings during trial period by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 8/29/23 to 11/9/23, Judge Diane J Humetewa hearing judge(s). (Berry, Austin) (Entered: 09/06/2023)
9/6/2023NOTICE of Objections to Government's Proposed Exhibits to be Admitted Through Carl Ferrer by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Cambria, Paul) (Entered: 09/06/2023)
9/5/2023TRANSCRIPT REQUEST by Scott Spear for proceedings held on 08/31/2023, Judge Diane J Humetewa hearing judge(s). (Kessler, Eric) (Entered: 09/05/2023)
9/5/20231756MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Telephonic Status Conference as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/5/2023. As set forth on the record, IT IS ORDERED that Defendant Spear shall test again on Thursday, September 7, 2023 and counsel for Mr. Spear shall inform the Court by Thursday, September 7, 2023 at 10:00 a.m. whether Defendant remains symptomatic and positive for COVID. IT IS FURTHER ORDERED setting a Telephonic Hearing for Wednesday, September 6, 2023 at 1:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa, to review the parties' objections to the first batch of exhibits for the first witness.

Telephonic Appearances: AUSA Austin Berry, Andrew Stone, Kevin Rapp, Margaret Perlmeter, and Peter Kozinets for the Government. Retained attorney Paul Cambria (in-person) for Defendant Lacey. Defendant is present telephonically and released. Retained attorney Bruce Feder and CJA attorney Eric W. Kessler for Defendant Scott Spear. Defendant is not present and his presence is waived by counsel. Retained attorney Gopi Panchapakesan for Defendant Brunst. Defendant is present telephonically and released. CJA attorney David Eisenberg (in-person) for Defendant Padilla. Defendant is present telephonically and released. CJA attorney Joy Bertrand for Defendant Vaught. Defendant is present telephonically and released. (Court Reporter Hilda Lopez.) Hearing held 10:30 AM to 11:04 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 09/05/2023)
9/5/20231755ORDER granting the Motions to Appear Telephonically (Docs. 1748 , 1749 , 1750 , 1751 , 1752 , 1753 as to Michael Lacey (1), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7) and the United States. ORDERED by Judge Diane J Humetewa on 9/5/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 09/05/2023)
9/5/20231754ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED the Status Conference set for 9/5/2023 at 10:30 AM will be held telephonically in Courtroom 605. Participating counsel and Defendants will receive dialing instructions by separate electronic communication. ORDERED by Judge Diane J Humetewa on 9/5/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 09/05/2023)
9/4/2023 MOTION for Leave for Defendant and Her Counsel to Appear by Phone at September 5, 2023 Status Conference by Joye Vaught. (Attachments: # 1 Proposed Order)(Bertrand, Joy) (Entered: 09/04/2023)
9/4/2023First MOTION for Leave to Appear Telephonically at September 5, 2023 Hearing by Michael Lacey. (Attachments: # 1 Proposed Order)(Cambria, Paul) (Entered: 09/04/2023)
9/3/2023 MOTION for Leave to appear by phone by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Proposed Order)(Berry, Austin) (Entered: 09/03/2023)
9/3/2023First MOTION for Leave Appear Telephonically for September 5, 2023 Status conference by Scott Spear. (Kessler, Eric) (Entered: 09/03/2023)
9/3/2023 MOTION for Leave to Appear Telephonically (Defendant Padilla) by Andrew Padilla. (Attachments: # 1 Proposed Order)(Eisenberg, David) (Entered: 09/03/2023)
9/3/2023 MOTION for Leave for Defendant John Brunst and Counsel to Appear Telephonically by John Brunst. (Attachments: # 1 Proposed Order)(Panchapakesan, Gopi) (Entered: 09/03/2023)
9/3/20231747ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED setting a Status Conference for 9/5/2023 at 10:30 AM in Special Proceedings Courtroom, 2nd Floor, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Defense counsel may waive the appearance of their respective client and put forth the same on the record at the time hearing. If a Defendant requests to appear telephonically, he or she may do so by way of a written motion through counsel. ORDERED by Judge Diane J Humetewa on 9/3/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 09/03/2023)
9/1/2023TRANSCRIPT REQUEST by Scott Spear for proceedings held on 08/18/2023, Judge Diane J Humetewa hearing judge(s). (Kessler, Eric) (Entered: 09/01/2023)
8/31/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 3) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 8/31/2023. Jury selected. Trial will reconvene on Wednesday, September 6, 2023 at 8:30 AM. (Court Reporter Hilda Lopez/Jennifer Pancratz.) See attached PDF for complete details. Hearing held 8:47 AM to 4:41 PM.(LFIG) (Entered: 09/01/2023)
8/31/2023SUPPLEMENT by Michael Lacey 230 Indictment - Superseding,,,. (Cambria, Paul) (Entered: 08/31/2023)
8/30/2023 MOTION Objections to the Preliminary Jury Instructions by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew) (Entered: 08/30/2023)
8/30/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 2) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 8/30/2023. Voir Dire continued. Court will reconvene on Thursday, August 31, 2023 at 8:45 AM. (Court Reporter Hilda Lopez/Cathy Taylor.) See attached PDF for complete details. Hearing held 8:45 AM to 5:12 PM.(LFIG) (Entered: 08/30/2023)
8/29/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 1) commenced on 8/29/2023 as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. Voir Dire conducted and jury is sworn. Court will reconvene on Wednesday, August 30, 2023 at 8:45 AM. (Court Reporter Cathy Taylor/Teri Veres.) See attached PDF for complete details. Hearing held 8:58 AM to 4:46 PM.(LFIG) (Entered: 08/29/2023)
8/28/2023TRANSCRIPT REQUEST by Scott Spear for proceedings held on Whenever the listed witnesses testify, Judge Diane J Humetewa hearing judge(s). (Kessler, Eric) (Entered: 08/28/2023)
8/28/2023RESPONSE re: 1730 Notice (Other), by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Kozinets, Peter) (Entered: 08/28/2023)
8/25/2023ORDER granting 1690 Motion to Exonerate Bond as to James Larkin (2). IT IS FURTHER ORDERED directing the Clerk of Court to release the $1,000,000.00 surety bond to the surety bond poster, Margaret G. Larkin. Signed by Judge Diane J Humetewa on 8/24/2023.(LFIG) (Entered: 08/25/2023)
8/24/2023NOTICE of Objection to the Government's Proposed "Limiting Instruction" re: 1642 Trial Brief by Joye Vaught as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Bertrand, Joy) *Modified linkage on 8/25/2023 (DXD). (Entered: 08/24/2023)
8/24/2023AMENDED TRANSCRIPT REQUEST pursuant to 1727 Notice of Deficiency by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 8/29/23 through 11/09/23, Judge Diane J Humetewa hearing judge(s). (Berry, Austin) (Entered: 08/24/2023)
8/24/20231727NOTICE TO FILER OF DEFICIENCY re: AO 435 1721 Transcript Request filed by USA. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by Ashley Taylor but submitted using the log-in and password belonging to Austin Berry. FOLLOW-UP ACTION REQUIRED: Please refile Transcript Request with name/signature (sections 1 & 19 of the AO435 form) matching the name of the ECF registered user under whose credentials the document will be re-submitted under. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ALJ) (Entered: 08/24/2023)
8/24/2023TRANSCRIPT REQUEST by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 8/29/23 through 11/09/23, Judge Diane J Humetewa hearing judge(s). (Berry, Austin) (Entered: 08/24/2023)
8/18/2023 Proposed Jury Instructions by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Boyle, Daniel) (Entered: 08/18/2023)
8/18/2023TRIAL BRIEF by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Boyle, Daniel) (Entered: 08/18/2023)
8/18/20231712*MINUTE ENTRY for proceedings held before Magistrate Judge Deborah M Fine: Frye/Cooper Hearing as to Michael Lacey (1), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7) held on 8/18/2023. Counsel for the Government places on the record the charges against each of the Defendants, and the maximum sentences the Defendants could receive as to each count if convicted at trial, as well as the terms of the Government's plea offers.

At the Court's inquiry, each Defendant confirms individually that he/she has (1) understood the discussions held today in court; (2) understood the plea offer; (3) had sufficient time to discuss the plea offer with his/her attorney(s); and (4) obtained advice from his/her attorney(s) and considered whether the plea offer was in his/her best interest. Each Defendant further confirms he/she rejects the Government's plea offer.

Appearances for the Government: AUSA Andrew Stone, Kevin Rapp, Margaret Perlmeter, Peter Kozinets, and Austin Berry. Appearances for the Defendants: Retained Attorney Paul J. Cambria Jr. for Defendant Lacey; Retained Attorney Bruce S. Feder and CJA Attorney Eric W. Kessler for Defendant Spear; Retained Attorney Gopi K. Panchapakesan for Defendant Brunst; CJA Attorney David S. Eisenberg for Defendant Padilla; and CJA Attorney Joy M. Bertrand for Defendant Vaught. Defendants are all present and released (Defendants Padilla and Vaught are present telephonically). (Court Reporter Cathy Taylor) Hearing held 11:59 AM to 12:20 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KMB) *Modified on 9/18/2023 to remove Courtsmart recording as Court Reporter is official transcript (RMW). (Entered: 08/18/2023)

8/18/2023ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 110 prospective jurors that will report on 8/29/2023 for jury selection. Signed by Judge Diane J Humetewa on 8/18/2023.(LFIG) (Entered: 08/18/2023)
8/18/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Status Conference as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 8/18/2023. Supplemental Juror Questionnaires and trial matters discussed. IT IS ORDERED that no later than 8/24/23, Defendants may file an objection to the Government's proposed limiting instruction as set forth in the Government's Trial Brief (Doc. 1642 at 10). (Court Reporter Hilda Lopez.) Hearing held 9:35 AM to 11:39 AM.(LFIG) (Entered: 08/18/2023)
8/16/2023ORDER granting 1698 Defendant's Motion for Leave to Appear by Telephone or Videoconference as to Joye Vaught (7): IT IS ORDERED granting Defendant's Motion for Leave to Appear by Phone or Videoconference (Doc. 1698). Defendant may appear telephonically for the scheduled Frye/Cooper hearing set for 8/18/2023 at 11:30 AM before Judge Fine in courtroom 303. Defense counsel will receive dial-in instructions via separate electronic communication. Signed by Magistrate Judge Deborah M Fine on 8/16/2023. (KMB) (Entered: 08/16/2023)
8/16/2023ORDER granting 1702 Defendant Padilla's Motion to Appear by Telephone or Video Teleconference as to Andrew Padilla (6): IT IS ORDERED granting Defendant's Motion for Leave to Appear by Telephone or Video Teleconference (Doc. 1702). Defendant may appear telephonically for the scheduled Frye/Cooper hearing set for 8/18/2023 at 11:30 AM before Judge Fine in courtroom 303. Defense counsel will receive dial-in instructions via separate electronic communication. Signed by Magistrate Judge Deborah M Fine on 8/16/2023. (KMB) (Entered: 08/16/2023)
8/15/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of IN-COURT STATUS HEARING (DOES NOT CONTAIN SEALED PROCEEDINGS) proceedings as to (D1)Michael Lacey, (D2)James Larkin, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, & (D7)Joye Vaught held on 08/04/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 9/7/2023. Redacted Transcript Deadline set for 9/18/2023. Release of Transcript Restriction set for 11/15/2023. (RAP) (Entered: 08/17/2023)
8/15/2023 MOTION for Leave to Appear Telephonically by Andrew Padilla. (Attachments: # 1 Proposed Order)(Eisenberg, David) (Entered: 08/15/2023)
8/15/20231701ORDER: Finding good cause, IT IS ORDERED granting Defendant's 1700 Motion to Appear by Telephone or Video Teleconference as to Andrew Padilla (6), to the extent that the Court will permit Mr. Padilla to appear telephonically at the Status Conference set for August 18, 2023 at 9:30 AM. Defense counsel will be provided with dialing instructions for his client. ORDERED by Judge Diane J Humetewa on 8/15/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 08/15/2023)
8/15/2023 MOTION for Leave to Appear Telephonically by Andrew Padilla. (Attachments: # 1 Proposed Order)(Eisenberg, David) (Entered: 08/15/2023)
8/15/20231699ORDER: Finding good cause, IT IS ORDERED granting Defendant's 1697 Motion for Leave to Appear by Phone or Videoconferencing at August 18, 2023 Status Conference as to Joye Vaught (7). Defense counsel will be provided with dialing instructions for her client. ORDERED by Judge Diane J Humetewa on 8/15/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 08/15/2023)
8/14/2023 MOTION for Leave for Ms. Vaught to Appear by Phone or Videoconferencing at August 18, 2023 Frye-Cooper Hearing by Joye Vaught. (Attachments: # 1 Proposed Order)(Bertrand, Joy) (Entered: 08/14/2023)
8/14/2023 MOTION for Leave for Ms. Vaught to Appear by Phone or Videoconferencing at the August 18, 2023 Status Conference by Joye Vaught. (Attachments: # 1 Proposed Order)(Bertrand, Joy) (Entered: 08/14/2023)
8/14/2023 MOTION for Leave to Appear by Phone or Teleconferencing at August 18, 2023 Status Conference and Frye-Cooper Hearing by Joye Vaught. (Attachments: # 1 Proposed Order)(Bertrand, Joy) (Entered: 08/14/2023)
8/11/2023ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED denying Defendant Vaught's 1681 Objection and Motion to Vacate Frye-Cooper Hearing as to Joye Vaught (7). Signed by Judge Diane J Humetewa on 8/11/2023. (See Order for details.) (LFIG) (Entered: 08/11/2023)
8/11/20231694ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED resetting the date and time for the parties to meet with AV Support. Both sides shall meet with AV Support on August 25, 2023, in the Special Proceedings Courtroom. Representatives from the Government shall come at 9:30 a.m. and representatives from the Defense shall come at 10:00 a.m. ORDERED by Judge Diane J Humetewa on 8/11/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 08/11/2023)
8/11/2023RESPONSE in Opposition by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 1681 MOTION Objection to and Motion to Vacate Frye-Cooper Hearing . (Berry, Austin) (Entered: 08/11/2023)
8/10/2023TRANSCRIPT REQUEST for Final Pretrial Conference (Doc. 1650) and In-Court Status Hearing (Doc. 1673) by Andrew Padilla for proceedings held on July 27, 2023 and August 4, 2023, Judge Diane J Humetewa hearing judge(s). (Eisenberg, David) (Entered: 08/10/2023)
8/9/2023 MOTION to Exonerate Bond by James Larkin. (Eckstein, Timothy) (Entered: 08/09/2023)
8/9/2023NOTICE of Joinder - Defendant Vaught Objection to Frye/Cooper Hearing by Andrew Padilla. (Eisenberg, David) (Entered: 08/09/2023)
8/9/20231688ORDER as to Michael Lacey, John Brunst, Joye Vaught: Before the Court is Defendant Joye Vaught's Objection to Frye-Cooper Hearing and Motion to Vacate Hearing (Doc. 1681 ) to which Defendants Brunst and Lacey have filed Joinders (Docs. 1684 and 1687 ). IT IS ORDERED the United States shall file a Response thereto no later than 10:00 AM on Friday, August 11, 2023. No reply is permitted. ORDERED by Judge Diane J Humetewa on 8/9/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 08/09/2023)
8/9/2023JOINDER s Objection to Frye-Cooper Hearing and Motion to Vacate Hearing (Dkt. 1681) by Michael Lacey. (Cambria, Paul) *Modified text on 8/10/2023 (DXD). (Entered: 08/09/2023)
8/8/2023JOINDER to 1681 MOTION Objection to and Motion to Vacate Frye-Cooper Hearing by John Brunst as to John Brunst, Joye Vaught. (Lincenberg, Gary) (Entered: 08/08/2023)
8/8/2023 MOTION Objection to and Motion to Vacate Frye-Cooper Hearing by Joye Vaught. (Attachments: # 1 Proposed Order)(Bertrand, Joy) (Entered: 08/08/2023)
8/8/20231680On joint request of defense counsel, IT IS ORDERED the In-Court Hearing set 8/15/2023 as to Defs. Lacey, Spear, Brunst, Padilla, and Vaught, is RESET. The In-Court Hearing is reset for 8/18/2023 at 11:30 AM in Courtroom 303, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Deborah M. Fine.(DMF/ah)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (Entered: 08/08/2023)
8/7/2023ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 122 prospective jurors. Signed by Judge Diane J Humetewa on 8/7/2023. (See Order for details.) (LFIG) (Entered: 08/07/2023)
8/7/2023ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, and Joye Vaught: This matter has been referred to the undersigned for setting of a Frye/Cooper hearing (Doc. 1676 ). Accordingly, IT IS ORDERED setting a Frye/Cooper hearing for August 15, 2023, at 9:30 a.m. before Judge Fine in courtroom 303. One hour has been set aside for this hearing. Defendants must personally appear with their counsel. Signed by Magistrate Judge Deborah M. Fine on 8/7/2023. (MRH) (Entered: 08/07/2023)
8/4/2023ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED referring this matter to Magistrate Judge Deborah M. Fine for purposes of setting a Frye/Cooper Hearing as soon as practicable at which time the United States may make a record in the presence of Defendants as to the United States' plea offers. Signed by Judge Diane J Humetewa on 8/4/2023.(LFIG) (Entered: 08/04/2023)
8/4/20231675ORAL ORDER granting 1674 United States' oral Motion to Dismiss Superseding Indictment as to James Larkin (2) only. ORDERED by Judge Diane J Humetewa on 8/4/2023. (LFIG) (Entered: 08/04/2023)
8/4/20231674United States' oral MOTION to Dismiss Superseding Indictment against James Larkin only made on the record on 8/4/2023. (LFIG) (Entered: 08/04/2023)
8/4/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: In-Court Status Hearing as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 8/4/2023. Government's oral motion to dismiss the Superseding Indictment against Defendant James Larkin only is granted. Trial continuance discussed. IT IS ORDERED continuing the Jury Trial for 8/29/2023 at 9:00 AM in Special Proceedings Courtroom, 2nd Floor, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. An In-Court Status Hearing is hereby set for 8/18/2023 at 9:30 AM in Special Proceedings Courtroom, 2nd Floor, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. (Court Reporter Cathy Taylor.) Hearing held 1:49 PM to 2:36 PM.(LFIG) (Entered: 08/04/2023)
8/4/20231672ORDER: Upon consideration of the 1671 Motion as to Joye Vaught (7) and finding good cause, IT IS ORDERED granting the 1671 Motion and permitting Ms. Vaught to appear telephonically at the August 4, 2023 Hearing. Ms. Bertrand will be provided with dialing instructions for her client. ORDERED by Judge Diane J Humetewa on 8/4/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 08/04/2023)
8/4/2023 MOTION for Leave to Appear by Phone or Videoconferencing at August 4, 2023 Hearing by Joye Vaught. (Attachments: # 1 Proposed Order)(Bertrand, Joy) (Entered: 08/04/2023)
8/3/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FINAL PRETRIAL CONFERENCE proceedings as to (1)Michael Lacey, (2)James Larkin, (3)Scott Spear, (4)John Brunst, (6)Andrew Padilla, & (7)Joye Vaught held on 07/27/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda E. Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 8/31/2023. Redacted Transcript Deadline set for 9/11/2023. Release of Transcript Restriction set for 11/8/2023. (RAP) (Entered: 08/10/2023)
8/3/20231668ORDER: Upon consideration of Defendant's 1663 Motion and finding good cause, IT IS ORDERED granting the Motion as to Andrew Padilla (6), and allowing Mr. Padilla to appear telephonically at the Hearing on August 4, 2023. Mr. Eisenberg will be provided with dialing instructions for his client. ORDERED by Judge Diane J Humetewa on 8/3/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 08/03/2023)
8/3/2023ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that the parties shall be prepared to discuss at the August 4, 2023 hearing, 1. What progress defense counsel has made, if any, to identify a new data housing system and Trial Director "hot seat" person; 2. Whether the parties are agreeable to a shorter trial; 3. Whether the parties are willing to shorten the length of the juror questionnaires and if so, which questions they would agree to remove. Signed by Judge Diane J Humetewa on 8/3/2023.(LFIG) (Entered: 08/03/2023)
8/3/2023RESPONSE re: 1657 Notice (Other) re Defendants' Objection to the Court's Proposed Jury Instruction Relating to the First Amendment by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Kozinets, Peter) (Entered: 08/03/2023)
8/3/2023 MOTION for Leave to Appear Telephone by Andrew Padilla. (Attachments: # 1 Proposed Order)(Eisenberg, David) (Entered: 08/03/2023)
8/2/2023RESPONSE to Defendants' Emergency Motion to Continue Trial filed August 2, 2023 by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Berry, Austin) (Entered: 08/02/2023)
8/2/20231661ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED vacating the August 3, 2023 setting for the parties to meet with AV Support, to be reset at a later date. ORDERED by Judge Diane J Humetewa on 8/2/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 08/02/2023)
8/2/2023NOTICE of Objection to Proposed Statement of the Case by Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 1656 Order. (Lincenberg, Gary) (Entered: 08/02/2023)
8/2/2023NOTICE of Objection to First Amendment Jury Instruction on behalf of Michael Lacey, John Brunst, Scott Spear, Andrew Padilla, Joye Vaught by Michael Lacey. (Cambria, Paul) (Entered: 08/02/2023)
8/2/2023NOTICE OF FILING OF DRAFT JOINT STATEMENT OF THE CASE AND DRAFT JURY INSTRUCTIONS as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. Signed by Judge Diane J Humetewa on 8/2/2023.(LFIG) (Entered: 08/02/2023)
8/2/2023NOTICE by James Larkin. (Eckstein, Timothy) (Entered: 08/02/2023)
8/2/2023ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that counsel shall meet and confer on one or two additional voir dire questions related to the jury panel's awareness of recent events to probe whether they have heard of anything related to the impending trial and if so, whether it will impact their ability to be a fair and/or impartial juror. The parties shall submit that question(s) to the Court by 10:00 a.m. on August 4, 2023. Signed by Judge Diane J Humetewa on 8/2/2023.(LFIG) (Entered: 08/02/2023)
7/31/2023TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 7/27/2023, Judge Diane J Humetewa hearing judge(s). (Rapp, Kevin) (Entered: 07/31/2023)
7/27/2023MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Final Pretrial Conference held on 7/27/2023 as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). The Court rules on the pending Motions in Limine (Docs. 1592 , 1598 , 1600 ). IT IS ORDERED that by 7/31/2023, Defendants may file a supplemental motion no longer than seven (7) pages regarding the draft Travel Act jury instructions and specific references to state law. The Government shall respond by 8/2/2023. No reply is permitted. Jury Questionnaires discussed and rulings made by the Court. IT IS ORDERED setting a Hearing for 8/4/2023 at 1:00 PM in Special Proceedings Courtroom, 2nd Floor, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. The Court will take up the statement of the case, permit the parties to make a record on the finalized jury instructions, and address miscellaneous issues related to the trial. (Court Reporter Hilda Lopez.) Hearing held 1:04 PM to 6:58 PM.(LFIG) (Entered: 07/28/2023)
7/26/20231649ORDER: Upon consideration of Defendant's 1647 Motion for Leave for Ms. Vaught to Appear by Phone of Videoconferencing at July 27, 2023 Hearing, and finding good cause, IT IS ORDERED granting the 1647 Motion to Joye Vaught (7) and allowing Defendant to appear telephonically. Ms. Bertrand will be provided with dialing instructions for her client separately. ORDERED by Judge Diane J Humetewa on 7/26/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 07/26/2023)
7/25/2023RESPONSE re: 1642 Trial Brief by James Larkin. (Roth, Joseph) (Entered: 07/25/2023)
7/25/2023 MOTION for Leave for Ms. Vaught to Appear by Videoconferencing or Phone at July 27, 2023 Final Pretrial by Joye Vaught. (Attachments: # 1 Proposed Order)(Bertrand, Joy) (Entered: 07/25/2023)
7/25/20231646ORDER: Upon consideration of Defendant's 1645 Motion for Defendant to Appear by Telephone or by Video Teleconference, and finding good cause, IT IS ORDERED granting the 1645 Motion as to Andrew Padilla (6), and allowing Mr. Padilla to appear telephonically at the Final Pretrial Conference on 7/27/2023. Mr. Eisenberg will be provided with separate dialing instructions for his client. ORDERED by Judge Diane J Humetewa on 7/25/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 07/25/2023)
7/25/2023AMENDED MOTION to Amend/Correct 1644 MOTION for Leave to Appear by Telephone or Video Teleconference filed by Andrew Padilla by Andrew Padilla. (Attachments: # 1 Proposed Order)(Eisenberg, David) (Entered: 07/25/2023)
7/24/2023 MOTION for Leave to Appear by Telephone or Video Teleconference by Andrew Padilla. (Attachments: # 1 Proposed Order)(Eisenberg, David) (Entered: 07/24/2023)
7/24/2023ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). IT IS ORDERED denying Defendants' Motions in Limine (Docs. 1588 1589 , 1591 , 1593 ). ORDERED granting in part as set forth in this Order, the Government's Motions in Limine (Docs. 1590 , 1596 . IT IS FURTHER ORDERED granting the Government's Motions in Limine (Docs. 1594 , 1595 , 1597 , and 1599 ). Signed by Judge Diane J Humetewa on 7/24/2023. (See Order for details.) (LFIG) (Entered: 07/24/2023)
7/21/2023TRIAL BRIEF by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A)(Stone, Andrew) (Entered: 07/21/2023)
7/20/2023ORDER: IT IS ORDERED that Defendants' Motion for Reconsideration (Doc. 1622 ) is denied. Signed by Judge Diane J Humetewa on 7/20/2023. (See Order for details.) (LFIG) (Entered: 07/20/2023)
7/17/20231640MINUTE ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Final Pretrial Conference RESET AS TO LOCATION ONLY for 7/27/2023 at 1:00 PM in the Special Proceedings Courtroom (Courtroom 200), 2nd Floor, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 07/17/2023)
7/17/2023SUPPLEMENT by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught 1622 MOTION for Reconsideration re: 1587 Order on Motion to Dismiss All Charges. (Cambria, Paul) *Modified to add linkage on 7/18/2023 (DXD). (Entered: 07/17/2023)
7/17/2023NOTICE of Appearance by Ernest Allen as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Kropf, Sara) (Entered: 07/17/2023)
7/14/2023Remark: Pro hac vice motion(s) granted for Sara Kropf on behalf of Movant Ernest Allen. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 07/14/2023)
7/14/2023NOTICE of Attorney Appearance by Ernest Allen as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Nash, Alexandra) (Entered: 07/14/2023)
7/13/2023ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that the completed juror questionnaires will be reviewed at the time of the Final Pretrial Conference set for July 27, 2023 at 1:00 p.m. in Courtroom 605. The completed questionnaires will be made available to counsel on a USB flash drive that can be picked up in the Jury Administration Office on July 21, 2023. IT IS FURTHER ORDERED that the parties shall meet and confer prior to the Final Pretrial Conference. On or before July 21, 2023, chambers will email the parties a form list on which the parties shall indicate those jurors they agree should be stricken for cause or hardship and those jurors they disagree should be stricken for cause or hardship. This joint list shall not be filed. The Court will rule on any disputed jurors at the Final Pretrial Conference. Signed by Judge Diane J Humetewa on 7/13/2023.(LFIG) (Entered: 07/13/2023)
7/12/2023NOTICE of Response to Defendants' Notice of Supplemental Authority (Doc. 1632) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1632 Notice (Other). (Kozinets, Peter) (Entered: 07/12/2023)
7/7/2023NOTICE of Supplemental Authority by James Larkin re: 1622 MOTION for Reconsideration re: 1587 Order on Motion to Dismiss All Charges, , 1630 Reply to Response. (Attachments: # 1 Exhibit A - Decision)(Roth, Joseph) (Entered: 07/07/2023)
7/7/2023ORDER denying "Defendant Michael Lacey's Unopposed Motion for Relief from Trial Schedule Conflict" (Doc. 1629 ). Signed by Judge Diane J Humetewa on 7/6/2023.(LFIG) (Entered: 07/07/2023)
7/6/2023REPLY TO RESPONSE to Motion by James Larkin re: 1622 MOTION for Reconsideration re: 1587 Order on Motion to Dismiss All Charges. (Attachments: # 1 Exhibit A) (Roth, Joseph) *Modified linkage on 7/7/2023 (DXD). (Entered: 07/06/2023)
7/6/2023First MOTION Relief from Trial Conflict by Michael Lacey. (Attachments: # 1 Proposed Order)(Cambria, Paul) (Entered: 07/06/2023)
7/3/2023RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1622 MOTION for Reconsideration re: 1587 Order on Motion to Dismiss All Charges, . (Kozinets, Peter) (Entered: 07/03/2023)
7/3/2023NOTICE of Intent to Introduce Expert Testimony - Christina Decoufle by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Perlmeter, Margaret) (Entered: 07/03/2023)
6/30/2023NOTICE of Filing Case Related Documents by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rapp, Kevin) (Entered: 06/30/2023)
6/30/2023PRETRIAL MEMORANDUM by Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin) (Entered: 06/30/2023)
6/30/2023Amended NOTICE of Intent to Introduce Expert Testimony - Matthew Frost by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Berry, Austin) *Modified text on 7/3/2023 (DXD). (Entered: 06/30/2023)
6/29/2023ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that the Government shall file its response to the Motion for Reconsideration (Doc. 1622 ) by July 3, 2023. Defendants shall have until July 6, 2023, to file a supporting reply brief. Signed by Judge Diane J Humetewa on 6/29/2023.(LFIG) (Entered: 06/29/2023)
6/28/2023 MOTION for Reconsideration re: 1587 Order on Motion to Dismiss All Charges, by James Larkin. (Roth, Joseph) (Entered: 06/28/2023)
6/28/20231621ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. Upon consideration of the United States' Unopposed Motion to Extend Deadline to File Case Related Documents (Doc. 1620 ), IT IS ORDERED granting the Motion (Doc. 1620 ) and allowing through and including 5 p.m. on June 30, 2023 for the parties to file their pretrial related documents. ORDERED by Judge Diane J Humetewa on 6/28/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 06/28/2023)
6/28/2023 MOTION to Continue by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Proposed Order)(Stone, Andrew) (Entered: 06/28/2023)
6/23/2023ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED resetting the date and time for the parties to meet with AV Support. Both sides shall meet with AV Support on August 3, 2023, in Courtroom 605 instead of the previously scheduled times on July 27, 2023. Representatives from the Government shall come at 9:30 a.m. and representatives from the Defense shall come at 11:00 a.m. Signed by Judge Diane J Humetewa on 6/23/2023.(LFIG) (Entered: 06/23/2023)
6/15/2023RESPONSE in Opposition by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1597 MOTION in Limine to Preclude References to Court Decisions, Rulings, Opinions, or Results from Prior Litigation Filed by or Against Backpage.com, LLC or its owner(s) . (Roth, Joseph) (Entered: 06/15/2023)
6/15/2023RESPONSE in Opposition by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1594 MOTION in Limine to Preclude References to Section 230 of the Communications Decency Act . (Roth, Joseph) (Entered: 06/15/2023)
6/15/2023RESPONSE in Opposition by Joye Vaught as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1598 MOTION in Limine to Preclude Defense from Commenting on Legitimacy of Prosecution . (Bertrand, Joy) (Entered: 06/15/2023)
6/15/2023RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1589 MOTION in Limine DEFENDANTS MOTION IN LIMINE TO PRECLUDE IRRELEVANT AND PREJUDICIAL TESTIMONY . (Perlmeter, Margaret) (Entered: 06/15/2023)
6/15/2023RESPONSE in Opposition by Andrew Padilla as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1592 MOTION in Limine to Preclude Defense From Arguing Legality of Ads . (Eisenberg, David) (Entered: 06/15/2023)
6/15/2023RESPONSE in Opposition by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to James Larkin re: 1600 MOTION in Limine to Preclude Defense from Referencing Craigslist Meetings with Attorneys General . (Attachments: # 1 Exhibit A and B)(Roth, Joseph) (Entered: 06/15/2023)
6/15/2023RESPONSE in Opposition by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to James Larkin re: 1596 MOTION in Limine to Preclude Defense from Introducing Non-Witness or Non-Evidence . (Roth, Joseph) (Entered: 06/15/2023)
6/15/2023RESPONSE in Opposition by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to James Larkin re: 1595 MOTION in Limine to Preclude References to Certain Other Litigation Defendants Response to Governments Motion to Preclude Defense From Referencing the Previous Trial and Prior Cases Not Involving Backpage. (Roth, Joseph) (Entered: 06/15/2023)
6/15/2023RESPONSE in Opposition by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 1599 MOTION in Limine to Preclude Defendants' Purported Good Faith Reliance on Advice of Counsel . (Lincenberg, Gary) (Entered: 06/15/2023)
6/15/2023RESPONSE re: 1593 MOTION in Limine DEFENDANTS MOTION IN LIMINE TO PRECLUDE IRRELEVANT AND INADMISSIBLE EVIDENCE RE MERSEY AND ELMS by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin) (Entered: 06/15/2023)
6/15/2023RESPONSE re: 1588 MOTION in Limine ro Preclude Testimony, Statements, or Arguments that Escort Services, Dating Ads, Massage Services and Adult Advertising are Unlawful or Presumed to Involve Prostitution by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Kozinets, Peter) (Entered: 06/15/2023)
6/15/2023RESPONSE re: 1591 MOTION in Limine to Preclude References to Alleged Former Prostitution Marketing Strategies by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew) (Entered: 06/15/2023)
6/15/2023RESPONSE in Opposition by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1590 MOTION in Limine to Preclude References to First Amendment and Free Speech . (Cambria, Paul) (Entered: 06/15/2023)
6/9/2023NOTICE OF ERRATA re: 1588 MOTION in Limine ro Preclude Testimony, Statements, or Arguments that Escort Services, Dating Ads, Massage Services and Adult Advertising are Unlawful or Presumed to Involve Prostitution by Scott Spear.. (Kessler, Eric) (Entered: 06/09/2023)
6/8/2023 MOTION in Limine to Preclude Defense from Referencing Craigslist Meetings with Attorneys General by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin) (Entered: 06/08/2023)
6/8/2023 MOTION in Limine to Preclude Defendants' Purported Good Faith Reliance on Advice of Counsel by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew) (Entered: 06/08/2023)
6/8/2023 MOTION in Limine to Preclude Defense from Commenting on Legitimacy of Prosecution by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin) (Entered: 06/08/2023)
6/8/2023 MOTION in Limine to Preclude References to Court Decisions, Rulings, Opinions, or Results from Prior Litigation Filed by or Against Backpage.com, LLC or its owner(s) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin) (Entered: 06/08/2023)
6/8/2023 MOTION in Limine to Preclude Defense from Introducing Non-Witness or Non-Evidence by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin) (Entered: 06/08/2023)
6/8/2023 MOTION in Limine to Preclude References to Certain Other Litigation by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin) (Entered: 06/08/2023)
6/8/2023 MOTION in Limine to Preclude References to Section 230 of the Communications Decency Act by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin) (Entered: 06/08/2023)
6/8/2023 MOTION in Limine DEFENDANTS MOTION IN LIMINE TO PRECLUDE IRRELEVANT AND INADMISSIBLE EVIDENCE RE MERSEY AND ELMS by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to James Larkin. (Attachments: # 1 Exhibit A and B)(Roth, Joseph) (Entered: 06/08/2023)
6/8/2023 MOTION in Limine to Preclude Defense From Arguing Legality of Ads by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin) (Entered: 06/08/2023)
6/8/2023 MOTION in Limine to Preclude References to Alleged Former Prostitution Marketing Strategies by John Brunst. (Lincenberg, Gary) (Entered: 06/08/2023)
6/8/2023 MOTION in Limine to Preclude References to First Amendment and Free Speech by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin) (Entered: 06/08/2023)
6/8/2023 MOTION in Limine DEFENDANTS MOTION IN LIMINE TO PRECLUDE IRRELEVANT AND PREJUDICIAL TESTIMONY by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to James Larkin. (Roth, Joseph) (Entered: 06/08/2023)
6/8/2023 MOTION in Limine ro Preclude Testimony, Statements, or Arguments that Escort Services, Dating Ads, Massage Services and Adult Advertising are Unlawful or Presumed to Involve Prostitution by Scott Spear. (Kessler, Eric) (Entered: 06/08/2023)
6/1/2023ORDER denying Defendants' 1557 Motion to Dismiss Superseding Indictment as to James Larkin (2). Order applies to Defendants Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, and Joye Vaught. Signed by Judge Diane J Humetewa on 5/31/2023. (See Order for details.) (LFIG) (Entered: 06/01/2023)
5/16/20231586ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that the Oral Argument set for May 22, 2023 (Doc. 1578), on Defendants' Motion to Dismiss the Superseding Indictment is VACATED. A written Order will issue. ORDERED by Judge Diane J Humetewa on 5/16/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 05/16/2023)
5/12/2023REPLY TO RESPONSE to Motion by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to James Larkin re: 1557 MOTION to Dismiss SUPERSEDING INDICTMENT . (Attachments: # 1 Exhibit A)(Roth, Joseph) (Entered: 05/12/2023)
5/11/20231584ORDER: Upon review of Defendants' Motions for Leave to Appear Telephonically and/or by Videoconference (Docs. 1581 , 1582 , 1583 ) as to Michael Lacey (1), John Brunst (4), and Andrew Padilla (6), IT IS ORDERED granting the Motions and counsel for these Defendants will be provided with additional instructions for their respective remote appearances by separate e-mail notification, shortly before the hearing date. ORDERED by Judge Diane J Humetewa on 5/11/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 05/11/2023)
5/9/2023 MOTION for Leave to Appear by Virtual Teleconference at May 22, 2023 Hearing by John Brunst. (Attachments: # 1 Proposed Order)(Panchapakesan, Gopi) (Entered: 05/09/2023)
5/9/2023 MOTION for Leave to Appear Counsel to appear by phone or videoconferencing re: [1578 Minute Order, Set/Reset Motion Hearings as to attorney Paul J. Cambria, Jr. by Michael Lacey. (Attachments: # 1 Proposed Order to appear by phone or videoconferencing)(Cambria, Paul) (Entered: 05/09/2023)
5/5/2023 MOTION Appear by Telephone re: 1578 Minute Order,, Set/Reset Motion Hearings, by Andrew Padilla. (Attachments: # 1 Proposed Order)(Eisenberg, David) (Entered: 05/05/2023)
5/2/2023ORDER granting the 1579 Motion for Extension of Time as to James Larkin (2). ORDERED that Defendants James Larkin, Michael Lacey, Scott Spear, Jed Brunst, Andrew Padilla, and Joye Vaught shall file their Reply to the pending Motion to Dismiss on or before May 12, 2023. Signed by Judge Diane J Humetewa on 5/2/2023.(LFIG) (Entered: 05/02/2023)
5/2/2023First MOTION for Extension of Time to File Response/Reply re: 1557 MOTION to Dismiss SUPERSEDING INDICTMENT , 1577 Response to Motion UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE A REPLY by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to James Larkin. (Attachments: # 1 Proposed Order)(Roth, Joseph) (Entered: 05/02/2023)
5/1/20231578MINUTE ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Oral Argument re: 1557 MOTION to Dismiss Superseding Indictment is set for 5/22/2023 at 11:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 05/01/2023)
4/28/2023RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1557 MOTION to Dismiss SUPERSEDING INDICTMENT . (Kozinets, Peter) (Entered: 04/28/2023)
4/23/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION TO CONTINUE TRIAL proceedings as to (1)Michael Lacey, (2)James Larkin, (3)Scott Spear, (4)John Brunst, (6)Andrew Padilla, & (7)Joye Vaught held on 03/20/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda E. Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2023. Redacted Transcript Deadline set for 5/24/2023. Release of Transcript Restriction set for 7/24/2023. (RAP) (Entered: 04/26/2023)
4/18/2023ORDER granting Defendant's 1574 Motion to Modify Conditions of Release as to James Larkin (2) as set forth in this Order. Signed by Judge Diane J Humetewa on 4/18/2023.(LFIG) (Entered: 04/18/2023)
4/14/2023 MOTION to Modify Conditions of Release DEFENDANT JAMES LARKIN'S UNOPPOSED MOTION TO AMEND CONDITIONS OF RELEASE by James Larkin. (Attachments: # 1 Proposed Order)(Roth, Joseph) (Entered: 04/14/2023)
4/7/2023ORDER granting Defendant's 1560 Motion to Amend Conditions of Release as to Michael Lacey (1) as set forth in this Order. Signed by Judge Diane J Humetewa on 4/7/2023.(LFIG) (Entered: 04/07/2023)
4/7/2023 MOTION to Amend/Correct 67 Order Setting Conditions of Release by Michael Lacey. (Attachments: # 1 Proposed Order)(Cambria, Paul) (Entered: 04/07/2023)
4/4/20231559ORDER: Before the Court is the United States' Unopposed Motion to Extend Deadline to Respond to Motion to Dismiss Superseding Indictment as to James Larkin (2), Scott Spear (3) (Doc. 1558 ). IT IS ORDERED the Motion (Doc. 1558) is granted in part to the extent that the Government shall file its Response to the Motion to Dismiss Superseding Indictment, no later than April 28, 2023. ORDERED by Judge Diane J Humetewa on 4/4/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 04/04/2023)
3/31/2023 MOTION for Extension of Time to File Response/Reply re: 1557 MOTION to Dismiss SUPERSEDING INDICTMENT by USA as to James Larkin, Scott Spear. (Attachments: # 1 Proposed Order)(Kozinets, Peter) (Entered: 03/31/2023)
3/30/2023 MOTION to Dismiss SUPERSEDING INDICTMENT by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to James Larkin. (Attachments: # 1 Exhibit A and B)(Roth, Joseph) (Entered: 03/30/2023)
3/28/2023NOTICE of Conflict with Trial Date by John Brunst re: 1546 Order on Motion to Continue Trial,,,,. (Lincenberg, Gary) (Entered: 03/28/2023)
3/24/2023TRANSCRIPT REQUEST , Revised by James Larkin for proceedings held on March 20, 2023, Judge Diane J Humetewa, Judge Motion to Continue hearing judge(s). (Eckstein, Timothy) (Entered: 03/24/2023)
3/24/2023*(REVISED TRANSCRIPT REQUEST FILED AT DOC. 1549 )* - TRANSCRIPT REQUEST by James Larkin for proceedings held on March 20, 2023, Judge Diane J Humetewa, Judge Motion to Continue hearing judge(s). (Eckstein, Timothy) *Modified to reference amended version and create docket entry relationship on 3/24/2023 (RAP). (Entered: 03/24/2023)
3/23/2023ORDER granting in part the 1526 Motion to Continue Trial filed as to James Larkin (2), Scott Spear (3). Jury Trial is RESET for 8/8/2023 at 9:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Final Pretrial Conference RESET for 7/27/2023 at 1:00 PM before Judge Diane J Humetewa. Motions in Limine due by 6/8/2023. Responses thereto due by 6/15/2023. Joint Pretrial Memorandum and case-related documents due by 6/29/2023. Trial will be held Tuesdays through Fridays beginning on August 8, 2023, and through November 3, 2023, or until the conclusion of trial. Should any counsel have a bona fide conflict with this schedule, he/she shall file a Notice, within seven (7) days of this Order, stating the date(s) and nature of the conflict for the Court's consideration. The Court will provide an electronic courtesy trial calendar to all counsel. Order to Continue Trial applies to the following defendants: Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. Signed by Judge Diane J Humetewa on 3/23/2023. (See Order for details.) (LFIG) (Entered: 03/23/2023)
3/20/20231545MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Oral Argument as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 3/20/2023 re: 1526 Motion to Continue Trial filed as to James Larkin (2), Scott Spear (3). Argument heard. IT IS ORDERED taking the matter under advisement. Order to follow.

Appearances: AUSA Kevin Rapp, Andrew Stone, Peter Kozinets and Margaret Perlmeter for the Government. Retained attorney Paul Cambria (VTC) for Defendant Lacey. Defendant is present and released. Timothy Eckstein, Joseph Roth and Sarah Lawson for Defendant Larkin. Defendant is present and released. Knapp attorney Bruce Feder and CJA attorney Eric W. Kessler for Defendant Scott Spear. Defendant is present and released. Retained attorney Gary Lincenberg and Gopi Panchapakesan (VTC) for Defendant Brunst. Defendant is present by VTC and released. CJA attorney David Eisenberg for Defendant Padilla. Defendant is not present and his presence is waived by counsel. CJA attorney Joy Bertrand (telephonically) for Defendant Vaught. Defendant is not present and her presence is waived by counsel. (Court Reporter Hilda Lopez.) Hearing held 3:00 PM to 3:47 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 03/21/2023)
3/20/20231544ORDER granting the 1543 Motion for Leave to Appear Telephonically as to Joye Vaught (7). IT IS ORDERED that counsel for Defendant Vaught will be provided with dialing instructions via separate electronic notification. ORDERED by Judge Diane J Humetewa on 3/20/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 03/20/2023)
3/18/2023 MOTION for Leave to Appear by Phone at March 20, 2023 Hearing (Expedited Review Requested) by Joye Vaught. (Attachments: # 1 Proposed Order)(Bertrand, Joy) (Entered: 03/18/2023)
3/17/2023SUPPLEMENT by USA as to James Larkin, Scott Spear 1526 MOTION to Continue Trial filed by James Larkin. (Rapp, Kevin) (Entered: 03/17/2023)
3/17/2023RESPONSE re: 1527 Order,,, Set/Reset Motion Hearings,, by Joye Vaught. (Bertrand, Joy) (Entered: 03/17/2023)
3/17/2023NOTICE of Response to the US' Position on Severance by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1530 Response to Motion. (Eckstein, Timothy) (Entered: 03/17/2023)
3/17/2023NOTICE by Andrew Padilla re: 1527 Order,,, Set/Reset Motion Hearings,,. (Eisenberg, David) (Entered: 03/17/2023)
3/17/2023NOTICE of Filing Defendant Spears' Position Re: Severance by Scott Spear. (Kessler, Eric) (Entered: 03/17/2023)
3/17/2023RESPONSE re: 1527 Order,,, Set/Reset Motion Hearings,, Statement re: Severance and Continuance by Michael Lacey. (Cambria, Paul) (Entered: 03/17/2023)
3/17/2023RESPONSE re: 1527 Order,,, Set/Reset Motion Hearings,, Statement Re: Severance and Continuance by John Brunst. (Lincenberg, Gary) (Entered: 03/17/2023)
3/16/20231533ORDER: Upon consideration of the 1529 Motion for Leave as to Michael Lacey (1) and 1531 Motion for Leave as to John Brunst (4), having no objection the Government and finding good cause appearing, IT IS ORDERED granting the Motions and counsel for Defendants Lacey and Brunst will be provided with remote appearance instructions via separate email communication. ORDERED by Judge Diane J Humetewa on 3/16/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 03/16/2023)
3/14/2023 MOTION for Leave for Counsel to Appear by Virtual Teleconference at March 20, 2023 Hearing by John Brunst. (Attachments: # 1 Proposed Order)(Panchapakesan, Gopi) (Entered: 03/14/2023)
3/14/2023RESPONSE to Motion by USA as to James Larkin, Scott Spear re: 1526 MOTION to Continue Trial . (Attachments: # 1 Exhibit)(Rapp, Kevin) (Entered: 03/14/2023)
3/13/2023 MOTION for Leave to Appear by phone or Video conferencing at March 20, 2023 Hearing as to attorney Paul J. Cambria, Jr. by Michael Lacey. (Attachments: # 1 Proposed Order)(Cambria, Paul) (Entered: 03/13/2023)
3/10/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE proceedings as to (2)James Larkin held on 12/19/2022, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda E. Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 3/31/2023. Redacted Transcript Deadline set for 4/10/2023. Release of Transcript Restriction set for 6/8/2023. (RAP) (Entered: 03/15/2023)
3/10/2023TRANSCRIPT REQUEST by USA as to James Larkin for proceedings held on 12/19/2022, Judge Diane J Humetewa hearing judge(s). (Rapp, Kevin) (Entered: 03/10/2023)
3/9/2023ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that Plaintiff shall file a Response to the Motion to Continue Trial (Doc. 1526 ) by 9:00 AM on 3/14/2023. Plaintiff shall also set out its position on the issue of severing Defendants Lacey and Larkin for separate trial. Defendants may file a Response to Plaintiff's position on the issue of severing Defendants Lacey and Larkin for separate trial by 5:00 PM on 3/17/2023. IT IS FURTHER ORDERED setting Oral Argument for 3/20/2023 at 3:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 3/9/2023.(LFIG) (Entered: 03/09/2023)
3/9/2023 MOTION to Continue Trial by James Larkin, Scott Spear as to James Larkin. (Attachments: # 1 Proposed Order Order Continuing Trial)(Eckstein, Timothy) (Entered: 03/09/2023)
2/17/2023ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Final Pretrial Conference set for 6/14/2023 at 1:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Motions in Limine due by 4/21/2023. Responses thereto due by 4/28/2023. No replies are permitted. Joint Pretrial Memorandum due by 5/12/2023. Signed by Judge Diane J Humetewa on 2/16/2023. (See Order for details.) (LFIG) Modified text on 2/21/2023 (LFIG). (Entered: 02/17/2023)
1/25/2023NOTICE OF ATTORNEY APPEARANCE: Bruce S Feder appearing for Scott Spear As Knapp Counsel. (Feder, Bruce) (Entered: 01/25/2023)
1/24/2023NOTICE OF ATTORNEY APPEARANCE: Eric Walter Kessler appearing for Scott Spear . (Kessler, Eric) (Entered: 01/24/2023)
1/17/2023STATUS REPORT by James Larkin. (Eckstein, Timothy) (Entered: 01/17/2023)
1/3/20231519ORDER granting the 1518 Motion to Continue Sentencing as to Dan Hyer (5). Sentencing is continued from 2/27/2023 to 9/25/2023 at 1:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. ORDERED by Judge Diane J Humetewa on 1/3/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 01/03/2023)
12/29/2022Tenth MOTION to Continue Sentencing by USA as to Dan Hyer. (Attachments: # 1 Proposed Order)(Rapp, Kevin) (Entered: 12/29/2022)
12/19/20221516MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Status Conference as to James Larkin held on 12/19/2022. Trial dates discussed. IT IS ORDERED that a Status Report shall be filed by 1/17/2023 as set forth on the record.

Appearances: AUSA Andrew Stone and Kevin Rapp for the Government, retained attorney Timothy Eckstein, Joseph Roth and Sarah Lawson for defendant. Defendant is not present. (Court Reporter Hilda Lopez.) Hearing held 11:00 AM to 11:13 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 12/20/2022)
12/16/20221512AMENDED ORDER as to James Larkin: IT IS ORDERED granting Bienert Katzman Littrell Williams LLP's Motion to Withdraw as Retained Counsel (Doc. 1488 ). IT IS FURTHER ORDERED relieving Thomas H. Bienert Jr., Whitney Z. Bernstein, and Bienert Katzman Littrell Williams LLP as counsel of record and from further representation of Defendant James Larkin (2). The Court notes that motions to withdraw are also pending in CR-18-00464 and CR-18-00465. The motions will remain pending until a Notice of Appearance is filed on behalf of Mr. Larkin in those matters. IT IS FURTHER ORDERED affirming the setting of a Status Conference on 12/19/2022. However, the Status Conference is RESET AS TO TIME for 12/19/2022 at 11:00 AM and will be held by video teleconference in Courtroom 605. Co-defendants need not appear and only the Government and Mr. Larkin's counsel will receive connection information for the conference. ORDERED by Judge Diane J Humetewa on 12/16/2022. (Order amended to correct clerical error re: date of Status Conference.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 12/16/2022)
12/15/20221511AMENDED by Doc. 1512 ORDER: IT IS ORDERED granting Bienert Katzman Littrell Williams LLP's Motion to Withdraw as Retained Counsel (Doc. 1488 ). IT IS FURTHER ORDERED relieving Thomas H. Bienert Jr., Whitney Z. Bernstein, and Bienert Katzman Littrell Williams LLP as counsel of record and from further representation of Defendant James Larkin (2). The Court notes that motions to withdraw are also pending in CR-18-00464 and CR-18-00465. The motions will remain pending until a Notice of Appearance is filed on behalf of Mr. Larkin in those matters. IT IS FURTHER ORDERED affirming the setting of a Status Conference on 12/19/2022. However, the Status Conference is RESET AS TO TIME for 12/16/2022 at 11:00 AM and will be held by video teleconference in Courtroom 605. Co-defendants need not appear and only the Government and Mr. Larkin's counsel will receive connection information for the conference. ORDERED by Judge Diane J Humetewa on 12/15/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) Modified on 12/16/2022 (LFIG). (Entered: 12/15/2022)
12/15/20221510ORDER: On December 28, 2021, Vincent Ferrer filed an Amended Motion to Quash the trial subpoena that had been served on him by Defendant James Larkin (Doc. 1443 ). Defendant Larkin requested an extension of time to respond (Doc. 1450 ) until after resolution of the Ninth Circuit appeal. The Court granted the request (Doc. 1451 ) and gave Defendant Larkin leave to file a response within 21 days after resolution of the appeal. A response was not filed and the time to do so has passed. Therefore, IT IS ORDERED granting the Amended Motion to Quash (Doc. 1443 ). ORDERED by Judge Diane J Humetewa on 12/15/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 12/15/2022)
12/13/2022NOTICE OF ATTORNEY APPEARANCE: Timothy J Eckstein appearing for James Larkin . (Eckstein, Timothy) (Entered: 12/13/2022)
12/8/20221506ORDER as to James Larkin: Before the Court is Bienert Katzman Littrell Williams LLP's second Notice re Defendant James Larkin's Retention of New Counsel (Doc. 1505 ) which this Court construes as a second request for extension of time. Based on Mr. Larkin's declaration (Doc. 1505 -1), IT IS ORDERED that Mr. Larkin's shall have through and including December 13, 2022 for new counsel to file a Notice of Appearance. The Court will continue to hold the Motion to Withdraw as Retained Counsel (Doc. 1488 ) in abeyance until a Notice of Appearance is filed by Mr. Larkin's new counsel. IT IS FURTHER ORDERED that if a Notice of Appearance is not filed by December 13, 2022, a Status Conference will be held with Mr. Larkin on 12/19/2022 at 9:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa.ORDERED by Judge Diane J Humetewa on 12/8/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 12/08/2022)
12/6/2022NOTICE Bienert Katzman Littrell Williams LLP's Notice re Defendant James Larkin's Retention of New Counsel by James Larkin re: 1504 Order,,, Set Deadlines/Hearings,,. (Attachments: # 1 Affidavit Declaration of James Larkin)(Bienert, Thomas) (Entered: 12/06/2022)
11/23/20221504ORDER as to James Larkin: Before the Court is Bienert Katzman Littrell Williams LLP's Notice re Defendant James Larkin's Retention of New Counsel (Doc. 1503 ) which this Court construes as a request for extension of time. Finding good cause and in light of the representations therein, IT IS ORDERED that Mr. Larkin's new counsel shall file a Notice of Appearance by December 6, 2022. The Court will continue to hold the Motion to Withdraw as Retained Counsel (Doc. 1488 ) in abeyance until a Notice of Appearance is filed by Mr. Larkin's new counsel. ORDERED by Judge Diane J Humetewa on 11/23/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 11/23/2022)
11/21/2022NOTICE re Defendant James Larkin's Retention of New Counsel by James Larkin re: 1502 Order,. (Attachments: # 1 Exhibit A Declaration of James Larkin)(Bienert, Thomas) (Entered: 11/21/2022)
11/10/2022ORDER as to James Larkin: IT IS ORDERED holding in abeyance Bienert Katzman Littrell Williams LLP's Motion to Withdraw as Retained Counsel (Doc. 1488 ) until a Notice of Appearance is filed by Mr. Larkin's new counsel. A Notice of Appearance shall be filed by November 22, 2022. Signed by Judge Diane J Humetewa on 11/9/2022.(LFIG) (Entered: 11/10/2022)
11/9/2022NOTICE of Bienert Katzman Littrell Willimas LLP'S Response Re Notice to Identify Conflicts With Trial Dates by James Larkin re: 1494 Status Conference (Text Only),,,,,,, Set Deadlines/Hearings,,,,,,, Common Prompts (Text Only),,,,,,. (Bienert, Thomas) (Entered: 11/09/2022)
11/8/2022NOTICE of Conflict with Trial Date by John Brunst re: 1494 Status Conference (Text Only),,,,,,, Set Deadlines/Hearings,,,,,,, Common Prompts (Text Only),,,,,,. (Panchapakesan, Gopi) (Entered: 11/08/2022)
11/2/20221494MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Status Conference as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/2/2022. Firm trial date discussed. IT IS ORDERED resetting a Jury Trial in this matter for June 20, 2023. Trial will be held Tuesday through Friday beginning on June 20, 2023 and through August 31, 2023 or until the conclusion of trial. Trial will be in recess on July 4-5, 2023, July 31-August 2, 2023, and September 1 and 5, 2023. IT IS FURTHER ORDERED that within seven (7) days, the parties shall file a Notice identifying any conflicts with these trial dates.

Appearances: AUSA Kevin Rapp, Andrew Stone, Peter Kozinets, Margaret Perlmeter and Daniel Boyle for the Government. Retained attorney Paul Cambria and Erin McCampbell Paris (telephonically) for defendant Lacey. Defendant's appearance is waived by counsel. Retained attorney Thomas Bienert Jr (telephonically) for defendant Larkin. Defendant is present and released. Retained attorney Bruce Feder (telephonically) for defendant Spear. Defendant's presence is waived by counsel. Retained attorney Gopi Panchapakesan and Gary Lincenberg (telephonically) for defendant Brunst. Defendant is present and released. CJA attorney David Eisenberg for defendant Padilla. Defendant's presence is waived by counsel. CJA attorney Joy Bertrand for defendant Vaught. Defendant's presence is waived by counsel. (Court Reporter Hilda Lopez.) Hearing held 10:01 AM to 10:25 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 11/02/2022)
11/1/20221493MINUTE ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: The Court has received inquiries from the public who wish to listen to the 11/2/2022 hearing. Members of the public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 11/01/2022)
10/31/20221492ORDER: Upon consideration and finding good cause appearing, IT IS ORDERED granting the 1489 Motion for James Larkin's Counsel to Appear by Video or Teleconferencing for Status Conference on November 2, 2022 as to James Larkin (2). Counsel for Defendant Larkin will receive dialing instructions by separate e-mail prior to the hearing. ORDERED by Judge Diane J Humetewa on 10/31/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 10/31/2022)
10/30/2022 MOTION for Leave to Appear via phone or video conference at November 2, 2022 Status Conference as to attorney Thomas H. Bienert, Jr. by James Larkin. (Attachments: # 1 Proposed Order)(Bienert, Thomas) (Entered: 10/30/2022)
10/30/2022 MOTION to Withdraw as Attorney as to attorney Thomas H. Bienert, Jr. by James Larkin. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Bienert, Thomas) (Entered: 10/30/2022)
10/28/2022STATUS REPORT by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Bernstein, Whitney) (Entered: 10/28/2022)
10/24/20221482ORDER: Upon consideration and finding good cause appearing, IT IS ORDERED granting the 1479 , 1481 Motions to Appear Telephonically as to Defendants Michael Lacey (1) and Scott Spear (3). Counsel for Defendants Lacey and Spear will receive dialing instructions by separate e-mail prior to the hearing. ORDERED by Judge Diane J Humetewa on 10/24/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 10/24/2022)
10/21/2022 MOTION for Leave to Appear via phone or video conference at November 2, 2022 Status Conference as to attorney Paul J. Cambria, Jr. by Michael Lacey. (Attachments: # 1 Proposed Order)(Cambria, Paul) (Entered: 10/21/2022)
10/20/20221480ORDER: Upon consideration of Defendant's 1473 Motion to Withdraw as Attorney of Record as to John Brunst (4) and finding good cause appearing, IT IS ORDERED granting the 1473 Motion and Rhonda Elaine Neff of Law Offices of Rhonda Neff, PLLC is hereby relieved from further representation of Defendant Brunst. ORDERED by Judge Diane J Humetewa on 10/20/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 10/20/2022)
10/19/2022 MOTION for Leave to Appear Telephonically (ACCELERATED RULING REQUESTED) as to attorney Bruce Feder by Scott Spear. (Attachments: # 1 Proposed Order)(Feder, Bruce) (Entered: 10/19/2022)
10/17/2022 MOTION to Withdraw as Attorney as to attorney Rhonda Elaine Neff by John Brunst. (Attachments: # 1 Proposed Order)(Neff, Rhonda) (Entered: 10/17/2022)
10/17/20221470ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: The Court, having received the Ninth Circuit's Mandate (Doc. 1469 ), requires all counsel to appear for a Status Conference on November 2, 2022 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003. The presence of attorneys' clients may be orally waived at the hearing. Any counsel unable to personally appear may seek leave to appear via video or telephone conference stating the reasons for such appearance. No later than three (3) days prior to the Status Conference, all counsel must meet and confer to discuss the preferred dates of trial (including jury selection) within the dates of January 31, 2023 through May 19, 2023 (excluding Mondays, federal holidays and March 7th). Any counsel not available during the proposed trial months/days, must specify the reasons (including whether any pending trial is on a matter predating the date of indictment in this case, and providing the Court with a case caption and number). ORDERED by Judge Diane J Humetewa on 10/17/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 10/17/2022)
10/13/2022MANDATE of USCA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 1445 Notice of Appeal. AFFIRMED. (Attachments: # 1 Memo)(BAC) (Entered: 10/14/2022)
7/12/20221463ORDER granting the 1462 Motion to Continue as to Dan Hyer (5). Sentencing is continued from 9/12/2022 to 2/27/2023 at 9:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa.ORDERED by Judge Diane J Humetewa on 7/12/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 07/12/2022)
7/11/2022Ninth MOTION to Continue Sentencing by USA as to Dan Hyer. (Attachments: # 1 Proposed Order)(Rapp, Kevin) (Entered: 07/11/2022)
3/18/2022TRANSCRIPT REQUEST 10/5/21 Status Hearing by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 10/05/21, Judge Susan M Brnovich hearing judge(s). (Kozinets, Peter) (Entered: 03/18/2022)
3/2/20221460ORDER granting the 1459 Motion to Continue Sentencing as to Dan Hyer (5). Sentencing is continued from 5/31/2022 to 9/12/2022 at 9:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. ORDERED by Judge Diane J Humetewa on 3/2/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 03/02/2022)
2/28/2022Eighth MOTION to Continue Sentencing by USA as to Dan Hyer. (Attachments: # 1 Proposed Order)(Stone, Andrew) (Entered: 02/28/2022)
2/8/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS HEARING proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/05/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/7/2022. Redacted Transcript Deadline set for 3/15/2022. Release of Transcript Restriction set for 5/13/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 2/12/2022 (RAP). (Entered: 02/12/2022)
2/8/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC HEARING proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 09/09/2020, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/7/2022. Redacted Transcript Deadline set for 3/15/2022. Release of Transcript Restriction set for 5/13/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 2/12/2022 (RAP). (Entered: 02/12/2022)
1/31/2022TRANSCRIPT REQUEST by Andrew Padilla for proceedings held on 9/9/2020, 7/16/2021, 10/5/2021, Judge Susan M Brnovich hearing judge(s). (Eisenberg, David) (Entered: 01/31/2022)
1/20/2022NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME as to Jonathan Baum by Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Baum, Jonathan) (Entered: 01/20/2022)
1/20/2022NOTICE OF ATTORNEY APPEARANCE: Austin M. Berry appearing for USA . (Berry, Austin) (Entered: 01/20/2022)
1/14/20221451ORDER: Finding good cause, IT IS ORDERED granting the 1450 Motion for Extension of Time to File Response to Vincent Ferrer's Amended Motion to Quash as to James Larkin (2). IT IS FURTHER ORDERED that a Response to the Amended Motion to Quash Subpoena Served on Vincent Ferrer by Defendant James Larkin (2) no later than 21 days after the resolution of the pending appeal re: 9CCA Case No. 22-10000. ORDERED by Judge Diane J Humetewa on 1/14/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 01/14/2022)
1/11/2022First MOTION for Extension of Time to File Response/Reply re: 1443 First MOTION to Amend/Correct 1442 Third Party MOTION to Quash filed by James Larkin by James Larkin. (Attachments: # 1 Proposed Order)(Bernstein, Whitney) (Entered: 01/11/2022)
1/10/20221449ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught: Upon the Court's review of the docket, IT IS ORDERED that the Status Conference set for January 31, 2022 (Docs. 1336 , 1374 ) is VACATED. IT IS FURTHER ORDERED that the Jury Trial set for February 9, 2022 (Doc. 1336 , 1374 ) is VACATED, to be reset following resolution of Defendants' Appeal to the Ninth Circuit (Doc. 1445 ). IT IS FURTHER ORDERED that by February 28, 2022, the Government and Defendant Hyer shall file a Status Report regarding the Sentencing set for May 31, 2022, in which they shall inform the Court whether the parties intend to proceed as scheduled or if a continuance will be requested. ORDERED by Judge Diane J Humetewa on 1/10/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 01/10/2022)
1/7/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENT proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 12/13/2021, before Judge DIANE J. HUMETEWA. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/15/2022. Redacted Transcript Deadline set for 2/25/2022. Release of Transcript Restriction set for 4/25/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 1/25/2022 (RAP). (Entered: 01/25/2022)
1/7/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENT proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 12/03/2021, before Judge DIANE J. HUMETEWA. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/15/2022. Redacted Transcript Deadline set for 2/25/2022. Release of Transcript Restriction set for 4/25/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 1/25/2022 (RAP). (Entered: 01/25/2022)
1/6/2022TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 12/3/2021 and 12/13/2021, Judge Diane J Humetewa hearing judge(s). (Kozinets, Peter) (Entered: 01/06/2022)
1/5/2022TRANSCRIPT REQUEST by James Larkin for proceedings held on December 3, 2021 and December 13, 2021, Judge Diane J Humetewa hearing judge(s). (Bernstein, Whitney) (Entered: 01/05/2022)
1/4/2022USCA Case Number as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 1445 Notice of Appeal. Case number 22-10000, Ninth Circuit. (BAC) (Entered: 01/05/2022)
1/3/2022NOTICE OF APPEAL to 9th Circuit Court of Appeals by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 1444 Order on Motion to Compel, Order on Motion to Dismiss All Charges. Filing fee received: $ 505.00, receipt number 0970-20209213. (Bernstein, Whitney) (Entered: 01/03/2022)
12/29/2021ORDER denying Defendants' 1355 Motion to Dismiss as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). ORDERED denying Defendants' 1281 Motion to Compel Government to Comply with its Brady and Giglio Obligations. Signed by Judge Diane J Humetewa on 12/28/2021. (See Order for details.) (LFIG) (Entered: 12/29/2021)
12/28/2021AMENDED First MOTION to Amend/Correct 1442 Third Party MOTION to Quash filed by James Larkin , MOTION to Quash by James Larkin. (Attachments: # 1 Exhibit)(Hallam, Josephine) (Entered: 12/28/2021)
12/28/2021Third Party MOTION to Quash by James Larkin. (Attachments: # 1 Attachment Subpoena, # 2 Attachment Subpoena)(Hallam, Josephine) (Entered: 12/28/2021)
12/20/2021TRANSCRIPT REQUEST Hearing by Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 12/03/2021, Judge Diane J Humetewa hearing judge(s). (Hoelscher, Jason) (Entered: 12/20/2021)
12/13/20211440MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Oral Argument re: 1281 Motion to Compel Government to Comply with its Brady and Giglio Obligations as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 12/13/2021. Argument heard. IT IS ORDERED taking the matter under advisement. Discussion held re: edits and corrections to the juror questionnaire. IT IS ORDERED taking the Government's substantive modification requests under advisement.

Appearances: AUSA Reginald Jones, Margaret Perlmeter, Kevin Rapp, Andrew Stone, Peter Kozinets, Daniel Boyle for the Government; retained attorneys John Cambria for Defendant Michael Lacey, Whitney Bernstein for Defendant Larkin, Bruce Feder for Defendant Spear, Gopi Panchapakesan for Defendant Brunst, CJA attorneys David Eisenberg for Defendant Padilla, and Joy Bertrand for Defendant Vaught. Defendants Lacey, Spear and Brunst are present and released. The physical presence of Defendants Larkin, Padilla and Vaught are waived by respective counsel. Defendants are released.

LATER (off the record): IT IS ORDERED denying the Government's request to insert the additional questions to the proposed final juror questionnaire. (Court Reporter Linda Schroeder-Willis.) Hearing held 1:30 PM to 3:00 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) *Modifed text on 12/16/2021. (LFIG) (Entered: 12/13/2021)
12/13/2021RESPONSE re: 1437 Supplement by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A)(Kozinets, Peter) (Entered: 12/13/2021)
12/10/2021ORDER denying Defendants' 1366 Motion to Partially Vacate Seizure Warrants and Release Funds as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4). IT IS FURTHER ORDERED denying the Government's 1397 Motion for Leave to File a Surreply. Signed by Judge Diane J Humetewa on 12/10/2021. (See Order for details.) (LFIG) (Entered: 12/10/2021)
12/10/2021SUPPLEMENT by Michael Lacey 1355 MOTION to Dismiss filed by James Larkin. (Attachments: # 1 Exhibit A)(Cambria, Paul) (Entered: 12/10/2021)
12/8/20211436ORDER granting the 1427 Motion to Withdraw Movant Carl Ferrer's Attorneys as to Michael Lacey (1). IT IS FURTHER ORDERED that Nanci Clarence and Shaneeda Jaffer are hereby withdrawn from further representation of Movant Carl Ferrer. ORDERED by Judge Diane J Humetewa on 12/8/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 12/08/2021)
12/8/20211433ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED the Court will hear Oral Argument re: Defendants' Motion to Compel Government to Comply with its Brady and Giglio Obligations (Doc. 1281 ) on 12/13/2021 (Doc. 1406 ). The Court will allow each side 20 minutes to present; Defendants will have 5 minutes for rebuttal. Oral Argument will be held in Courtroom 604. ORDERED by Judge Diane J Humetewa on 12/8/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 12/08/2021)
12/7/2021SUPPLEMENT by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught 1355 MOTION to Dismiss filed by James Larkin. (Bernstein, Whitney) (Entered: 12/07/2021)
12/3/2021*Additional Attachment to Main Document re: 1427 MOTION to Substitute Attorney Proposed Order Granting Motion to Withdraw as Movant Carl Ferrer's Attorneys as to Michael L acey. (Clarence, Nanci) *Modified to correct event on 12/6/2021 (DXD). (Entered: 12/03/2021)
12/3/2021 MOTION to Substitute Attorney Motion to Withdraw as Movant Carl Ferrer's Attorney by Carl Ferrer as to Michael Lacey. (Clarence, Nanci) (Entered: 12/03/2021)
12/3/20211426MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Oral Argument re: 1355 Motion to Dismiss as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 12/3/2021. Argument heard. IT IS ORDERED taking the matter under advisement.

Appearances: AUSA Peter Kozinets, Kevin Rapp, Andrew Stone, Reginald Jones, Margaret Perlmeter and Daniel Boyle (telephonically) for the Government; retained attorney John Cambria for Defendant Michael Lacey, retained attorneys Thomas Bienert Jr and Whitney Bernstein for Defendant Larkin, retained attorney Bruce Feder for Defendant Spear, retained attorney Gary Lincenberg for Defendant Brunst, CJA attorney David Eisenberg for Defendant Padilla, CJA attorney Joy Bertrand (telephonically) for Defendant Vaught. Defendants are present and released. Defendants Padilla and Vaught are released, not present and their presence is waived by counsel. (Court Reporter Linda Schroeder.) Hearing held 9:30 AM to 10:37 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 12/03/2021)
12/2/20211423MINUTE ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: The Court has received inquiries from the public who wish to listen to the December 3, 2021 and December 13, 2021 hearings. Although the standard is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve[s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the December 3, 2021 and December 13, 2021 hearings will be permitted. Members of public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 12/02/2021)
12/2/20211422ORDER granting Defendants' Motion for Leave to File Excess Pages for Defendants' Joint Reply Brief in Support of Motion to Dismiss with Prejudice (Doc. 1409 ) as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). IT IS FURTHER ORDERED that the docket shall reflect as filed, Defendants' Reply in Support of Motion to Dismiss with Prejudice (Doc. 1410 ) and Exhibits (Doc. 1411 ). ORDERED by Judge Diane J Humetewa on 12/2/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 12/02/2021)
12/2/20211421ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7): Pending before the Court are several Motions and Responses that were filed prior to the Court declaring a mistrial in this matter. First, Defendants' Motion to Enforce the Court's May 7, 2021 Orders (Doc. 1254 ). The Government filed a Response (Doc. 1261 ). No reply was filed. Upon review of this briefing, IT IS ORDERED denying Doc. 1254 as moot and without prejudice to renew should the Government's Response be insufficient to address the issues raised in Defendants' Motion. For the same reasons, IT IS FURTHER ORDERED that Defendants' Motion for a Limiting Instruction (Doc. 1247 ), to which the Government Responded (Doc. 1304 ) is also denied. Also pending is the Government's Motion to Preclude Defendants' Advice of Counsel Defense (Doc. 1234 ) to which the Defendants have Responded; Defendants also include a Renewed Motion to Dismiss for Outrageous Government Conduct in the same document (Doc. 1250 ). No reply or response was filed. The Court observes many of the same arguments in these briefing (Docs. 1234 and 1250 ) are made in Defendants' more recently-filed Motion to Dismiss (Doc. 1366 ). Accordingly, IT IS FURTHER ORDERED that Docs. 1234 and 1250 are denied as redundant and moot and without prejudice to renew should the Court's rulings on the Motion to Dismiss (Doc. 1366 ) or Defendants' Motion to Compel (Doc. 1281 ) not address any issue raised therein. ORDERED by Judge Diane J Humetewa on 12/2/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 12/02/2021)
12/2/20211420ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: The matter having been fully briefed, the Court will provide attorneys for the Defendants and the Government 20 minutes each (40 minutes total) to argue their respective positions, and Defendants 5 minutes for rebuttal on December 3, 2021. In their oral argument, the Defendants are to specifically inform the Court why, in declaring the mistrial, the prior ruling of the Court finding "I dont see any of these as intentional misconduct" (Doc. 1347 at 5) forecloses their arguments in Sect II of their Motion (Doc. 1355 ). ORDERED by Judge Diane J Humetewa on 12/2/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 12/02/2021)
12/2/20211419ORDER: IT IS ORDERED granting the United States' 1408 Motion for Leave for Counsel to Appear by Phone or Video Conference at December 3, 2021 Hearing as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). For good cause showing, IT IS FURTHER ORDERED that Government's counsel, Dan Boyle, will be provided with dialing instructions separately. ORDERED by Judge Diane J Humetewa on 12/2/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 12/02/2021)
12/1/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 08/20/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/28/2021. Redacted Transcript Deadline set for 1/7/2022. Release of Transcript Restriction set for 3/7/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 12/7/2021 (RAP). (Entered: 12/07/2021)
12/1/2021TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 8/20/2021, Judge Susan M Brnovich hearing judge(s). (Rapp, Kevin) (Entered: 12/01/2021)
12/1/2021ORDER Re Juror Questionnaire as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. Signed by Judge Diane J Humetewa on 12/1/21. (Attachments: # 1 Attachment 1, # 2 Attachment 2) (Attachments cc: AUSA Kevin Rapp/Margaret Perlmeter/Reginald Jones/Andrew Stone/Peter Kozinets/Counsel for Defendants Lacey, Larkin, Spear, Brunst, Padilla and Vaught) (MAP) (Entered: 12/01/2021)
12/1/2021AMENDED TRANSCRIPT REQUEST pursuant to 1415 Notice of Deficiency by James Larkin for proceedings held on August 20, 2021, Judge Susan M Brnovich hearing judge(s). (Bernstein, Whitney) (Entered: 12/01/2021)
12/1/20211415NOTICE TO FILER OF DEFICIENCY re: AO435 1414 Transcript Request filed by James Larkin. Item 18 - ORDER: E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile and provide an email address for delivery. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 12/01/2021)
12/1/2021TRANSCRIPT REQUEST by James Larkin for proceedings held on August 20, 2021, Judge Susan M Brnovich hearing judge(s). (Bernstein, Whitney) (Entered: 12/01/2021)
12/1/2021*Exhibits to Reply in Support of 1355 Motion to Dismiss with Prejudice by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit T, # 2 Exhibit U, # 3 Exhibit V, # 4 Exhibit W, # 5 Exhibit X)(Bernstein, Whitney) *Modified from lodged to filed on 12/2/2021. (LFIG) (Entered: 12/01/2021)
11/30/2021*REPLY to Response to Motion re: 1355 Motion to Dismiss with Prejudice by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Bernstein, Whitney) *Modified from lodged to filed on 12/2/2021. (LFIG) (Entered: 12/01/2021)
11/30/2021 MOTION for Leave to File Excess Pages by James Larkin. (Attachments: # 1 Proposed Order)(Bernstein, Whitney) (Entered: 11/30/2021)
11/30/2021 MOTION for Leave to Appear by Phone or Videoconference at December 3, 2021 Hearing by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Proposed Order)(Boyle, Daniel) (Entered: 11/30/2021)
11/30/20211407ORDER: IT IS ORDERED granting the 1401 Motion for Leave for Counsel to Appear by Phone or Videoconferencing at December 3, 2021 Hearing as to Joye Vaught (7). IT IS FURTHER ORDERED that counsel for Defendant Vaught will be provided with dialing instructions separately. ORDERED by Judge Diane J Humetewa on 11/30/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 11/30/2021)
11/23/20211406MINUTE ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Oral Argument re: Motions that are not already resolved, is set for 12/13/2021 at 1:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 11/23/2021)
11/23/20211403ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7): IT IS ORDERED that Defendants' First Unopposed Motion for Extension of Time to File its Reply in Support of its Motion to Dismiss (Doc. 1396 ) is GRANTED. Defendants shall file their Reply to the Motion to Dismiss (Doc. 1393 ) no later than November 30, 2021. ORDERED by Judge Diane J Humetewa on 11/23/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 11/23/2021)
11/23/20211402ORDER granting the United States' Motion for Leave to File Excess Pages (Doc. 1392 ) as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). IT IS FURTHER ORDERED that the docket shall reflect as filed, the United States' Response in Opposition to Defendants' Motion to Dismiss (Doc. 1393 ). ORDERED by Judge Diane J Humetewa on 11/23/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 11/23/2021)
11/22/2021 MOTION for Leave for Counsel to Appear by Phone or Videoconferencing at the December 3, 2021 Hearing by Joye Vaught. (Attachments: # 1 Proposed Order)(Bertrand, Joy) (Entered: 11/22/2021)
11/22/2021*NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME as to Jonathan Baum by Movant Carl Ferrer re Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Baum, Jonathan) *Modified to correct filer on 11/22/2021 (LAD). (Entered: 11/22/2021)
11/19/2021ORDER denying Defendants' 1378 Motion for Recusal as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaugh. Signed by Judge Diane J Humetewa on 11/19/2021. (See Order for details.) (LFIG) (Entered: 11/19/2021)
11/18/2021**Denied per Order 1438 ** LODGED Proposed United States' Surreply to Defendants' Motion to Partially Vacate Seizure Warrants and Release Funds (Doc. 1366) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst re: 1397 MOTION for Leave to File a Surreply to Defendants' Motion to Partially Vacate Seizure Warrants and Release Funds (Doc. 1366). Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. (Boyle, Daniel) Modified on 4/29/2022 (DXD). (Entered: 11/18/2021)
11/18/2021 MOTION for Leave to File a Surreply to Defendants' Motion to Partially Vacate Seizure Warrants and Release Funds (Doc. 1366) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst. (Attachments: # 1 Proposed Order)(Boyle, Daniel) (Entered: 11/18/2021)
11/18/2021First MOTION for Extension of Time to File Response/Reply re: 1393 Lodged Proposed Document United States' Response in Opposition to Defendants' Motion to Dismiss (Doc. 1355) by James Larkin. (Attachments: # 1 Proposed Order)(Bernstein, Whitney) (Entered: 11/18/2021)
11/17/2021*RESPONSE re: United States' Response In Opposition to Defendants' Motion to Dismiss (Doc. 1355 ) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Kozinets, Peter) *Modified from lodged to filed on 11/23/2021. (LFIG) (Entered: 11/17/2021)
11/17/2021 MOTION for Leave to File Excess Pages in Support of United States' Response in Opposition to Defendants' Motion to Dismiss With Prejudice (Doc. 1355) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Proposed Order)(Kozinets, Peter) (Entered: 11/17/2021)
11/16/2021REPLY TO RESPONSE to Motion by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst re: 1366 Joint MOTION for Release of Funds on behalf of Defendants Michael Lacey, James Larkin, John Brunst, and Scott Spear . (Attachments: # 1 Exhibit A)(Bernstein, Whitney) (Entered: 11/16/2021)
11/10/2021REPLY TO RESPONSE to Motion by James Larkin re: 1378 MOTION Defendants' Joint Motion Requesting Status Conference MOTION for Recusal Defendants' Reply Pursuant to Dkt. 1379. (Bernstein, Whitney) (Entered: 11/10/2021)
11/10/2021NOTICE OF AVAILABILITY FOR HEARING ON REMAINING MOTIONS by Scott Spear. (Feder, Bruce) (Entered: 11/10/2021)
11/10/2021*(DUPLICATE OF TRANSCRIPT REQUEST FILED AT DOC. 1157 ) - TRANSCRIPT REQUEST by James Larkin for proceedings held on May 3, 2021, Judge Susan M Brnovich hearing judge(s). (Bernstein, Whitney) *Modified to notate duplicate filing on 11/10/2021 (RAP). (Entered: 11/10/2021)
11/10/2021ORDER granting the Motions to Unseal Transcript (Docs. 1381 , 1383 ) as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). ORDERED unsealing the transcript of the proceeding held on May 3, 2021 for the purpose of transcription and release of the transcript to the United States and Defendant Larkin. The transcript shall otherwise remain under seal until further Order of this Court. Signed by Judge Diane J Humetewa on 11/9/2021.(LFIG) (Entered: 11/10/2021)
11/9/2021RESPONSE re: 1366 Joint MOTION for Release of Funds on behalf of Defendants Michael Lacey, James Larkin, John Brunst, and Scott Spear (In Opposition) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst. (Attachments: # 1 Exhibit 1)(Boyle, Daniel) (Entered: 11/09/2021)
11/8/2021 MOTION to Unseal Document for Limited Purpose by James Larkin. (Attachments: # 1 Proposed Order)(Bernstein, Whitney) (Entered: 11/08/2021)
11/8/2021*RESPONSE to Motion re: 1378 MOTION Defendants' Joint Motion Requesting Status Conference MOTION for Recusal Response to Recusal Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A)(Stone, Andrew) *Modified event on 11/9/2021. (LFIG) (Entered: 11/08/2021)
11/5/2021 MOTION to Unseal Document for Limited Purpose by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Proposed Order)(Stone, Andrew) (Entered: 11/05/2021)
11/5/2021ORDER denying Defendants' Joint Motion Requesting Status Conference (Doc. 1378 ) as to as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. ORDERED the parties are to meet and confer regarding their availability for possible hearing times on their pending motions as set forth in this Order, and notify the Court as to their availability by November 12, 2021. Signed by Judge Diane J Humetewa on 11/5/2021.(LFIG) (Entered: 11/05/2021)
11/5/20211379ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Before the Court is Defendants' Joint Motion Requesting Status Conference (Doc. 1378 ). The Court will construe the Joint Motion in part, as a Motion for the Court's Recusal. The Court will allow for an expedited briefing schedule on that request. IT IS ORDERED that the Government may file a response to the Motion for Recusal by November 8, 2021, and Defendants may file a reply, if any, by November 10, 2021. The remaining requests in Doc. 1378 will be addressed by separate Order. ORDERED by Judge Diane J Humetewa on 11/5/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 11/05/2021)
11/4/2021*MOTION Defendants' Joint Motion Requesting Status Conference, Motion for Recusal by James Larkin. (Attachments: # 1 Proposed Order)(Bienert, Thomas). *Modified to add Motion for Recusal on 11/5/2021. (LFIG) (Entered: 11/04/2021)
11/4/20211377ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Having further reviewed the trial calendar, IT IS ORDERED that trial will begin immediately after jury selection and will be held on Tuesday, February 15 through Friday, February 18, 2022. Trial will not be held on March 4, 2022. Therefore, trial will commence on February 9, 2022 and proceed through approximately April 29, 2022. ORDERED by Judge Diane J Humetewa on 11/4/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 11/04/2021)
11/3/20211376MINUTE ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Oral Argument re Defendants' Motion to Dismiss (Doc. 1355 ) is set for 12/3/2021 at 9:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 11/03/2021)
11/2/20211375ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), Andrew Padilla (6), Joye Vaught (7): Upon consideration of the United States' Unopposed Motion to Extend Deadline for Responding to Defendants' Motion to Dismiss (First Request) (Doc. 1373 ), and finding good cause appearing, IT IS ORDERED granting the Motion (Doc. 1373 ) and allowing through and including November 17, 2021, for the United States to file its Response to Defendants' Motion to Dismiss with Prejudice (Doc. 1355 ). ORDERED by Judge Diane J Humetewa on 11/2/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 11/02/2021)
11/2/20211374ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Having recently been reassigned this case, the Court hereby informs the parties that it intends to hold them to the Final Pretrial Conference and trial dates previously set by Judge Brnovich. Absent extraordinary circumstances, the Court will not entertain requests to modify or continue the existing trial schedule. Further, any request for status conference or hearing shall be in writing and clearly identify the necessity of the relief sought. ORDERED by Judge Diane J Humetewa on 11/2/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 11/02/2021)
11/2/2021 MOTION for Extension of Time to File Response/Reply re: 1355 MOTION to Dismiss (Unopposed) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Proposed Order)(Kozinets, Peter) (Entered: 11/02/2021)
11/1/20211368ORDER: Before the Court are Defendants' Motion for Leave to File Excess Pages for Defendants' Joint Motion to Dismiss With Prejudice (Doc. 1354 ), Defendant Padilla's Notice of Joinder (Doc. 1358 ), and the United States' Response in Opposition (Redacted Version) (Doc. 1361 ) as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). Upon consideration, IT IS ORDERED granting Defendants' Motion (Doc. 1354 ). IT IS FURTHER ORDERED that the docket shall reflect as filed, Defendants' Motion to Dismiss With Prejudice (Doc. 1355 ). ORDERED by Judge Diane J Humetewa on 11/1/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 11/01/2021)
11/1/2021*Defendants' Motion to Dismiss with Prejudice and Exhibits A-R by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught (Attachments: # 1 Attachment Index of Exhibits, # 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 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R)(Bernstein, Whitney) *Modified from lodged to filed on 11/1/2021. (LFIG) (Entered: 10/20/2021)
10/29/2021ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Dan Hyer (5), Andrew Padilla (6), Joye Vaught (7). IT IS ORDERED this case be reassigned, by lot, to another Judge in the District of Arizona. IT IS FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable Diane J. Humetewa. All future pleadings and papers submitted for filing shall bear the following complete case number: CR-18-00422-PHX-DJH. Signed by Judge Susan M. Brnovich on 10/29/2021.(ESG) (Entered: 10/29/2021)
10/26/2021Joint MOTION for Release of Funds on behalf of Defendants Michael Lacey, James Larkin, John Brunst, and Scott Spear by James Larkin. (Attachments: # 1 Index of Exhibits, # 2 Affidavit Declaration of John Brunst, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M Declaration of Daniel J. Quigley, # 16 Exhibit N, # 17 Proposed Order)(Bernstein, Whitney) (Entered: 10/26/2021)
10/25/2021REPLY re: 1348 Notice (Other) Defendants' Reply in Support of Defendants' Proposed Changes to Juror Questionnaire by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Bernstein, Whitney) (Entered: 10/25/2021)
10/22/2021RESPONSE re: 1361 Response Defendants' Response to Government's Objections to Oversize Brief by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Bernstein, Whitney) (Entered: 10/22/2021)
10/22/2021RESPONSE re: 1354 MOTION for Leave to File Excess Pages in Opposition (Redacted Version) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Kozinets, Peter) (Entered: 10/22/2021)
10/22/2021RESPONSE re: 1348 Notice (Other) United States' Objections to Defendants' Proposed Supplemental/Revised Questions for Juror Questionnaire by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Stone, Andrew) (Entered: 10/22/2021)
10/21/2021ORDER granting the Seventh 1350 Motion to Continue Sentencing as to Dan Hyer (5). Sentencing reset for 5/31/2022 at 10:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M. Brnovich. Signed by Judge Susan M. Brnovich on 10/21/2021.(ESG) (Entered: 10/21/2021)
10/21/2021JOINDER to Motion for Leave to File Excess Pages by Andrew Padilla. (Eisenberg, David) *Modified text on 10/21/2021 (DXD). (Entered: 10/21/2021)
10/20/2021 MOTION for Leave to File Excess Pages by James Larkin. (Attachments: # 1 Proposed Order)(Bernstein, Whitney) (Entered: 10/20/2021)
10/20/2021ORDER granting the 1351 Motion to Confirm Trial Subpoenas as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). IT IS FURTHER ORDERED that all trial subpoenas issued for the previous trial dates in this case shall remain in effect for the current trial date of February 9, 2022. Signed by Judge Susan M Brnovich on 10/20/2021. (ESG) (Entered: 10/20/2021)
10/19/2021RESPONSE re: 1349 Notice (Other) Defendants' Response to Government's Proposed Changes to Jury Questionnaire by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Bernstein, Whitney) (Entered: 10/19/2021)
10/15/2021 MOTION to Confirm Trial Subpoenas by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Proposed Order)(Rapp, Kevin) (Entered: 10/15/2021)
10/15/2021Seventh MOTION to Continue Sentencing by USA as to Dan Hyer. (Attachments: # 1 Proposed Order)(Rapp, Kevin) (Entered: 10/15/2021)
10/12/2021NOTICE of Filing Proposed Changes to Jury Questionnaire by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit)(Perlmeter, Margaret) (Entered: 10/12/2021)
10/12/2021NOTICE of Filing Defendants' Proposed Supplemental Questions for Juror Questionnaire by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst. (Attachments: # 1 Exhibit A)(Lincenberg, Gary) (Entered: 10/12/2021)
10/5/2021MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Status Conference as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7) held on 10/5/2021. Jury Trial set for 2/9/2022 at 09:00 AM. Status Conference set for 1/31/2022 at 09:00 AM to be held via ZOOM. See attached PDF for complete details and deadlines. (Court Reporter Christine Coaly) Hearing held 11:02 AM to 11:24 AM. (ESG) (Entered: 10/05/2021)
10/4/20211333ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7): The Court has received inquiries from the public who wish to listen to the October 5, 2021 hearing. Although the standard is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve [s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the October 5, 2021 hearing will be permitted. Members of public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. ORDERED by Judge Susan M. Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 10/04/2021)
9/30/2021REPLY TO RESPONSE to Motion by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1281 MOTION to Compel Government to Comply with Its Brady And Giglio Obligations on Behalf of All Defendants . (Bernstein, Whitney) (Entered: 09/30/2021)
9/28/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 8 proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/14/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP). (Entered: 10/07/2021)
9/28/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 7 - P.M. SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/13/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP). (Entered: 10/07/2021)
9/28/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 7 - A.M. SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/13/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP). (Entered: 10/07/2021)
9/28/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 5 proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/09/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP). (Entered: 10/07/2021)
9/28/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - AFTERNOON SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/08/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Barbara H. Stockford, RMR, CRR, CRC, Telephone number (602) 322-7247]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP). (Entered: 10/07/2021)
9/28/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 4 - A.M. SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/08/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP). (Entered: 10/07/2021)
9/28/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 3 - P.M. SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/03/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP). (Entered: 10/07/2021)
9/28/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 3 - A.M. SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/03/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP). (Entered: 10/07/2021)
9/28/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 2 - P.M. SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/02/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP). (Entered: 10/07/2021)
9/28/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - MORNING SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/02/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Barbara H. Stockford, RMR, CRR, CRC, Telephone number (602) 322-7247]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP). (Entered: 10/07/2021)
9/28/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 1 proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/01/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP). (Entered: 10/07/2021)
9/27/2021TRANSCRIPT REQUEST by Michael Lacey, James Larkin, Scott Spear, John Brunst for proceedings held on 9/1/2021; 9/2/2021; 9/3/2021; 9/8/2021; 9/9/2021; 9/10/2021; 9/13/2021; and 9/14/2021, Judge Susan M Brnovich hearing judge(s). (Bernstein, Whitney) (Entered: 09/27/2021)
9/23/2021RESPONSE re: 1281 MOTION to Compel Government to Comply with Its Brady And Giglio Obligations on Behalf of All Defendants by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Jones, Reginald) (Entered: 09/23/2021)
9/22/2021TRANSCRIPT REQUEST Amended by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 9/1, 9/2, 9/3, 9/8, 9/9, 9/13 & 9/14, Judge Susan M Brnovich hearing judge(s). (Stone, Andrew) (Entered: 09/22/2021)
9/22/2021*(AMENDED TRANSCRIPT REQUEST FILED AT DOC. 1323 ) - TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 9/1/21, 9/2/21, 9/3/21, 9/9/21, 9/13/21, 9/14/21, Judge Susan M Brnovich hearing judge(s). (Stone, Andrew) *Modified to reference amended version and create docket entry relationship on 9/22/2021 (RAP). (Entered: 09/22/2021)
9/20/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 6 - P.M. SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/10/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/25/2021. Redacted Transcript Deadline set for 11/4/2021. Release of Transcript Restriction set for 1/3/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 10/4/2021 (RAP). (Entered: 10/04/2021)
9/20/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 6 - A.M. SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/10/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/25/2021. Redacted Transcript Deadline set for 11/4/2021. Release of Transcript Restriction set for 1/3/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 10/4/2021 (RAP). (Entered: 10/04/2021)
9/20/2021REPLY re: 1239 Response in Opposition by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst. (Lincenberg, Gary) (Entered: 09/20/2021)
9/16/2021TRANSCRIPT REQUEST (Media/3rd Party) by David M Morgan of the Cochise County Record as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 09/14/2021, Judge Susan R Bolton hearing judge(s). (RAP) (Entered: 09/16/2021)
9/16/2021TRANSCRIPT REQUEST by Andrew Padilla for proceedings held on 9/1, 9/2, 9/3, 9/8, 9/9, 9/10, 9/13 and 9/14/2021, Judge Susan M Brnovich hearing judge(s). (Eisenberg, David) (Entered: 09/16/2021)
9/15/2021ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7): granting in part and denying in part the United States' 1223 Motion re Bank Records and Summary Exhibits to the extent that the Court finds: (1) the bank records have been authenticated and are not excluded by the rule against hearsay, Rule 803(6) and (2) Summary exhibits A and D through I are true summary exhibits admissible pursuant to Fed. R. Evid. 1006 subject to foundational testimony. Exhibits B and C are not admissible at this time Signed by Judge Susan M. Brnovich on 9/15/2021. (ESG) (Entered: 09/15/2021)
9/14/2021MINUTE ORDER RE: EXHIBITS as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7). (ESG) (Entered: 09/14/2021)
9/14/2021Jury Notes/Questions (public document) as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7). (ESG) (Entered: 09/14/2021)
9/14/2021WITNESS LIST by USA as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7). (ESG) (Entered: 09/14/2021)
9/14/2021EXHIBIT LIST by USA as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7). (ESG) (Entered: 09/14/2021)
9/14/2021EXHIBIT LIST by Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7). (ESG) (Entered: 09/14/2021)
9/14/2021Preliminary Jury Instructions as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7). (ESG) (Entered: 09/14/2021)
9/14/2021TRANSCRIPT REQUEST Trial (Day 6) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 9/10/2021 (PM session), Judge Susan M Brnovich hearing judge(s). (Kozinets, Peter) (Entered: 09/14/2021)
9/14/2021TRANSCRIPT REQUEST Trial (Day 6) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 9/10/2021 (AM session), Judge Susan M Brnovich hearing judge(s). (Kozinets, Peter) (Entered: 09/14/2021)
9/14/2021MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Jury Trial (Day 8) completed as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7) held on 9/14/2021. Defendants' 1303 Motion for Mistrial is GRANTED. IT IS ORDERED setting an in-person Status Hearing re: New Trial for 10/05/2021 at 11:00 AM. (Court Reporter Christine Coaly) See attached order for complete details. Hearing held 9:03 AM to 9:19 AM.(ESG) (Entered: 09/14/2021)
9/14/20211306NOTICE TO FILER OF DEFICIENCY re: AO435 1305 Transcript Request filed by Joye Vaught. Item 17 - TRANSCRIPT REQUESTED: The listed date of proceeding 09/10/2021 (Dr. Cooper Testimony) is incorrect. The actual date is 09/13/2021 (Dr. Cooper Testimony). FOLLOW-UP ACTION REQUIRED: Please refile with the corrected date of proceeding in Item 17. Please also correct the AUTH-24 through CJA e-Vocuher. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 09/14/2021)
9/13/2021AMENDED MINUTE ENTRY for proceedings held before Judge Susan M Brnovich: Amending Doc. 1302 MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Jury Trial (Day 7) as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7) held on 9/13/2021. Defendants' 1300 Joint Motion in Limine to Preclude the Testimony of Sharon Cooper, M.D. is DENIED. Defendant Vaught's (7) oral motion for mistrial, joined by the co-defendants is DENIED. Defendant Lacey's (1) renewed oral motion for mistrial, joined by the co-defendants is taken under advisement. Trial will reconvene on 9/14/2021. (Court Reporter Linda Schroeder - AM; Christine Coaley - PM) See attached order for complete details. Hearing held 8:53 AM to 4:37 PM.(ESG)

Reason for Amendment: to correct the end time and total time in court. (Entered: 09/14/2021)
9/13/2021TRANSCRIPT REQUEST by Joye Vaught for proceedings held on 9/10/21 and 9/13/21 (Testimony Jessica Svengard, Nacole Svengard, and Sharon Cooper, MD), Judge Susan M Brnovich hearing judge(s). (Bertrand, Joy) (Entered: 09/13/2021)
9/13/2021RESPONSE in Opposition by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 1247 MOTION for a Limiting Instruction Re: Third-Party Evidence Addressed in the Court's August 11, 2021 Order on the Government's Motion in Limine to Determine Admissibility of Evidence . (Stone, Andrew) (Entered: 09/13/2021)
9/13/20211303Oral MOTION for Mistrial by Michael Lacey (1) and joined by James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). (ESG) (Entered: 09/13/2021)
9/13/2021*AMENDED by Doc. 1307 MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Jury Trial (Day 7) as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7) held on 9/13/2021. Defendants' 1300 Joint Motion in Limine to Preclude the Testimony of Sharon Cooper, M.D. is DENIED. Defendant Vaught's (7) oral motion for mistrial, joined by the co-defendants is DENIED. Defendant Lacey's (1) renewed oral motion for mistrial, joined by the co-defendants is taken under advisement. Trial will reconvene on 9/14/2021. (Court Reporter Linda Schroeder - AM; Christine Coaley - PM) See attached order for complete details. Hearing held 8:53 AM to 4:42 PM.(ESG) Modified on 9/14/2021 (ESG). (Entered: 09/13/2021)
9/13/2021***Remark as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. The deficiency notices entered on 9/7/21 and 9/10/21 having been entered in error by the Clerk's Office, the parties are advised that they may disregard both of those entries. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) (Entered: 09/13/2021)
9/12/2021Joint MOTION in Limine to Preclude the Testimony of Sharon Cooper, M.D., or, Alternatively, to Hold a Hearing Outside the Presence of the Jury to Determine Her Qualifications to Testify at this Trial and the Relevance of Her Testimony by Joye Vaught. (Bertrand, Joy) (Entered: 09/12/2021)
9/11/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 4 - A.M. SESSION (Excerpt - Opening Statements of Mr. Bienert and Mr. Feder) proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 09/08/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/14/2021. Redacted Transcript Deadline set for 10/25/2021. Release of Transcript Restriction set for 12/22/2021. (RAP) *Modified to correct date filed to match court reporter delivery date on 9/23/2021 (RAP). (Entered: 09/23/2021)
9/10/2021NOTICE OF FILING OF OFFICIAL PARTIAL TRANSCRIPT of OPENING STATEMENTS proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 09/08/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Barbara H. Stockford, RMR, CRR, CRC, Telephone number (602) 322-7247]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/14/2021. Redacted Transcript Deadline set for 10/25/2021. Release of Transcript Restriction set for 12/22/2021. (RAP) *Modified to correct date filed to match court reporter delivery date on 9/23/2021 (RAP). (Entered: 09/23/2021)
9/10/2021AMENDED MINUTE ENTRY for proceedings held before Judge Susan M Brnovich: Amending Doc. 1299 MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Jury Trial (Day 6) as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7) held on 9/10/2021. IT IS ORDERED denying Defendants' 1295 Motion in Limine to Limit Testimony of Jessika Svengard. Trial will reconvene on 9/13/2021. (Court Reporter Linda Schroeder-Willis - AM; Christine Coaley - PM) See attached order for complete details. Hearing held 8:49 AM to 4:42 PM. (ESG)

Reason for Amendment: to correct the filing date on page 2 of the attached pdf. (ESG) (Entered: 09/13/2021)
9/10/2021*AMENDED by Doc. 1301 MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Jury Trial (Day 6) as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7) held on 9/10/2021. IT IS ORDERED denying Defendants' 1295 Motion in Limine to Limit Testimony of Jessika Svengard. Trial will reconvene on 9/13/2021. (Court Reporter Linda Schroeder-Willis - AM; Christine Coaley - PM) See attached order for complete details. Hearing held 8:49 AM to 4:42 PM. (ESG) Modified on 9/14/2021 (ESG). (Entered: 09/10/2021)
9/10/2021TRANSCRIPT REQUEST Trial (Day 4) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 9/8/2021 (PM session), Judge Susan M Brnovich hearing judge(s). (Stone, Andrew) (Entered: 09/10/2021)
9/10/2021TRANSCRIPT REQUEST Trial (Day 4) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 9/8/2021 (AM session), Judge Susan M Brnovich hearing judge(s). (Stone, Andrew) (Entered: 09/10/2021)
9/10/2021 MOTION in Limine to Limit Testimony of Jessika Svendgard by James Larkin. (Bernstein, Whitney) (Entered: 09/10/2021)
9/10/20211294NOTICE TO FILER OF DEFICIENCY re: 1281 MOTION to Compel Government to Comply with Its Brady And Giglio Obligations on Behalf of All Defendants. Document not entered in all applicable defendant's cases. Follow-up action is required. For future pleadings that apply to multiple defendants, please select all applicable defendant ID numbers at the first case number screen prompt. At the filer select screen prompt, please select only the lead filing defendant. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) (Entered: 09/10/2021)
9/10/2021REPLY re: 1285 Memorandum by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew) (Entered: 09/10/2021)
9/9/2021MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Jury Trial (Day 5) as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7) held on 9/9/2021. Trial will reconvene on 9/10/2021. (Court Reporter Christine Coaly) See attached order for complete details. Hearing held 8:41 AM to 9:26 AM.(ESG) (Entered: 09/10/2021)
9/9/2021REPLY TO RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1223 MOTION RE: Bank Records and Summary Exhibits . (Stone, Andrew) (Entered: 09/09/2021)
9/9/2021RESPONSE re: 1285 Memorandum Re Relevance of Certain Aspects of Nacole Svendgard's Testimony by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst. (Lincenberg, Gary) (Entered: 09/09/2021)
9/9/2021MEMORANDUM by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught United States' Memorandum re Relevance of Certain Aspects of Nacole Svendgard's Testimony. (Rapp, Kevin) (Entered: 09/09/2021)
9/9/2021 MOTION to Compel Government to Comply with Its Brady And Giglio Obligations on Behalf of All Defendants by James Larkin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Bernstein, Whitney) (Entered: 09/09/2021)
9/8/2021MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Jury Trial (Day 4) as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7) held on 9/8/2021. IT IS ORDERED denying Defendants' 1272 Motion for Judgement of Acquittal, or in the Alternative, a Mistrial. Trial will reconvene on September 9, 2021. (Court Reporter Christine Coaly - AM; Barbara Stockford - PM) See attached PDF for complete details. Hearing held 9:00 AM to 5:08 PM. (ESG) (Entered: 09/09/2021)
9/8/2021*JOINDER to 1247 MOTION for a Limiting Instruction Re: Third-Party Evidence Addressed in the Court's August 11, 2021 Order on the Government's Motion in Limine to Determine Admissibility of Evidence by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Bernstein, Whitney) *Modified to correct event on 9/9/2021 (DXD). (Entered: 09/08/2021)
9/7/20211276NOTICE TO FILER OF DEFICIENCY re: 1272 MOTION for Acquittal or in the Alternative, a Mistrial on Behalf of all Defendants. Document not entered in all applicable defendant's cases. FOLLOW-UP ACTION REQUIRED: For future pleadings that apply to multiple defendants, please select all applicable defendant ID numbers at the first case number screen prompt. At the filer select screen prompt, please select only the lead filing defendant. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) (Entered: 09/07/2021)
9/7/2021RESPONSE re: 1272 MOTION for Acquittal or in the Alternative, a Mistrial on Behalf of all Defendants by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew) (Entered: 09/07/2021)
9/7/2021AMENDED TRANSCRIPT REQUEST pursuant to 1273 Notice of Deficiency by John Brunst for proceedings held on September 3, 2021, Judge Susan M Brnovich hearing judge(s). (Panchapakesan, Gopi) (Entered: 09/07/2021)
9/7/20211273NOTICE TO FILER OF DEFICIENCY re: AO435 1270 Transcript Request filed by John Brunst. Item 18 - ORDER: E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile and provide an email address for delivery. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 09/07/2021)
9/6/2021*MOTION for Acquittal or in the Alternative, a Mistrial on Behalf of all Defendants as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught filed by James Larkin. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Bernstein, Whitney) *Modified to add applicable defendants on 9/7/2021 (DXD). (Entered: 09/06/2021)
9/4/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 3 - P.M. SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, and Joye Vaught held on 09/03/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/30/2021. Redacted Transcript Deadline set for 10/12/2021. Release of Transcript Restriction set for 12/8/2021. (RAP) *Modified to correct date filed to match court reporter delivery date on 9/9/2021 (RAP). (Entered: 09/09/2021)
9/4/2021TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 09/03/2021, Judge Susan M Brnovich hearing judge(s). (Stone, Andrew) (Entered: 09/04/2021)
9/3/2021MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Jury Trial (Day 3) as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7) held on 9/3/2021. Trial will reconvene on September 8, 2021. (Court Reporter Linda Schroeder-Willis - AM; Court Reporter Christine Coaley - PM) See attached order for complete details. Hearing held 9:10 AM to 4:10 PM.(ESG) (Entered: 09/07/2021)
9/3/2021TRANSCRIPT REQUEST by John Brunst for proceedings held on September 3, 2021, Judge Susan M Brnovich hearing judge(s). (Panchapakesan, Gopi) (Entered: 09/03/2021)
9/3/2021NOTICE of Filing 302s and Related Materials by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Rapp, Kevin) (Entered: 09/03/2021)
9/2/2021MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Trial (Day 2) as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). IT IS ORDERED that Defendants' 1243 Motion for Use of Back-and-Forth Peremptory Juror Strikes is DENIED. Jury Trial will reconvene on September 3, 2021. (Court Reporter Barbara Stockford - AM. Christine Coaley - PM) See attached PDF for complete details. Hearing held 8:36 AM to 5:07 PM. (ESG) (Entered: 09/03/2021)
9/2/2021RESPONSE in Opposition by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst re: 1223 MOTION RE: Bank Records and Summary Exhibits . (Lincenberg, Gary) (Entered: 09/02/2021)
9/1/2021MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Jury Trial (Day 1) begun on 9/1/2021 as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, and Joye Vaught. Voir Dire conducted and jury is sworn. Trial will reconvene on September 2, 2021. (Court Reporter Christine Coaly) See attached PDF for complete details. Hearing held 9:03 AM to 5:16 PM.(ESG) (Entered: 09/02/2021)
9/1/2021RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1254 MOTION to Enforce the Court's May 7, 2021 Orders Supplemental Motion to Clarify Evidence the United States Intends to Admit Re Victims Advertised on Backpage.com and Response to Defendants' Motion to Enforce the Court's May 7, 2021 Orders (Doc. 1254). (Rapp, Kevin) (Entered: 09/01/2021)
9/1/2021MEMORANDUM by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught United States' Supplemental Trial Memorandum Regarding Criminal Forfeiture. (Boyle, Daniel) (Entered: 09/01/2021)
8/31/2021REPLY re: 1239 Response in Opposition United States Reply in Support of Motion to Preclude Defendants Advice of Counsel Defense by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A)(Stone, Andrew) (Entered: 08/31/2021)
8/31/2021 MOTION to Enforce the Court's May 7, 2021 Orders by Joye Vaught. (Attachments: # 1 Exhibit 1 -- Arizona Republic Article, # 2 Exhibit 2 -- Redacted Scottsdale Police Reports, # 3 Exhibit 3 -- State v. Matthews Docket, # 4 Exhibit 4 -- State v. Littleton Docket)(Bertrand, Joy) (Entered: 08/31/2021)
8/30/2021 MOTION for a Limiting Instruction Re: Third-Party Evidence Addressed in the Court's August 11, 2021 Order on the Government's Motion in Limine to Determine Admissibility of Evidence by John Brunst. (Lincenberg, Gary) (Entered: 08/30/2021)
8/30/2021RESPONSE re: 1243 MOTION for Use of Back-and-Forth Peremptory Juror Strikes United States' Response to Defendant Joye Vaught's Objection to the Court's Proposed Use of Simultaneous Peremptory Juror Strikes by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Rapp, Kevin) (Entered: 08/30/2021)
8/26/2021*Motion for Use of Back-and-Forth Peremptory Juror Strikes by Joye Vaught as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught Defendants' Joint Objection and Brief in Opposition to the Court's Proposed Use of Simultaneous Preemptory Juror Strikes. (Bertrand, Joy) *Modified to add Motion for Miscellaneous Relief on 8/27/2021 (MFR). (Entered: 08/26/2021)
8/26/2021RESPONSE re: 1236 Memorandum United States' Objections to Defendants' Proposed Preliminary Jury Instruction(s) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Kozinets, Peter) (Entered: 08/26/2021)
8/26/2021*RESPONSE in Opposition by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst re: 1234 MOTION to Preclude Defendants' Advice of Counsel Defense and Renewed Motion to Dismiss for Outrageous Government Conduct. (Panchapakesan, Gopi) *Modified to reflect document is not in compliance with LRCiv 5.5(g) 8/27/2021 (MFR). (Entered: 08/26/2021)
8/26/2021 *Proposed Jury Instructions by Michael Lacey Proposed Preliminary Jury Instructions on behalf of Defendants Michael Lacey, James Larkin, John Brunst, Scott Spear, Andrew Padilla, and Joye Vaught. (Attachments: # 1 Exhibit A)(Cambria, Paul) *Modified to reflect the correct event type on 8/26/2021 (MFR). (Entered: 08/26/2021)
8/25/2021NOTICE of Intent to Offer Business Records Pursuant to Federal Rule of Evidence 902(11) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Perlmeter, Margaret) (Entered: 08/25/2021)
8/24/2021 MOTION to Preclude Defendants' Advice of Counsel Defense by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stone, Andrew) (Entered: 08/24/2021)
8/20/2021MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Status Conference as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 8/20/2021. IT IS ORDERED that impeachment materials be lodged with the Court on the morning they intend to use them. IT IS FURTHER ORDERED that all Counsel, paralegals, assistants and defendants take a Covid test on 8/30/2021 and provide proof to the court prior to the start of trial. IT IS FURTHER ORDERED denying Defendant Spear's request for reconsideration of the Court's order to begin trial on 9/1/2021. IT IS FURTHER ORDERED that the parties provide the Courtroom Clerk with an electronic copy of their exhibits no later than 8/27/2021. See attached order for complete details. (Court Reporter Christine Coaly) Hearing held 9:38 AM to 12:17 PM. (ESG) (Entered: 08/24/2021)
8/19/2021 MOTION RE: Bank Records and Summary Exhibits by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Stone, Andrew) (Entered: 08/19/2021)
8/18/2021RESPONSE re: 1216 Notice (Other) of Submission of Proposed Statement of the Case, Verdict Form, and Jury Instructions by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Panchapakesan, Gopi) (Entered: 08/18/2021)
8/18/2021NOTICE of Intent to Offer Business Records Pursuant to Federal Rule of Evidence 902(11) by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst. (Panchapakesan, Gopi) (Entered: 08/18/2021)
8/16/2021RESPONSE re: 1217 Order on Motion for Miscellaneous Relief - Defendant Spear's Response and Opposition to Court Order Accelerating Trial Date (DKT. 1217) by Scott Spear. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Feder, Bruce) (Entered: 08/16/2021)
8/16/20211217ORDER The Court has read and considered Defendant John Brunst's 1214 Motion For Trial Suspension During Jewish Holidays to which the Government and Co-Counsel have no objection. In order to accommodate this request, IT IS ORDERED accelerating the trial date to September 1, 2021 and adding September 13, 2021 as a trial day. Counsel will be emailed an updated trial calendar. Ordered by Judge Susan M. Brnovich on 8/16/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 08/16/2021)
8/13/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FINAL PRETRIAL CONFERENCE (CONTINUED FROM 7/16/2021) proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 08/09/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/21/2021. Redacted Transcript Deadline set for 10/1/2021. Release of Transcript Restriction set for 11/29/2021. (RAP) *Modified to correct date filed to match court reporter delivery date on 8/31/2021 (RAP). (Entered: 08/31/2021)
8/13/2021NOTICE of Submission of the Proposed Statement of the Case, Verdict Form, and Jury Instructions by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Stone, Andrew) (Entered: 08/13/2021)
8/13/2021TRANSCRIPT REQUEST by Michael Lacey for proceedings held on 08/09/2021, Judge Susan M Brnovich hearing judge(s). (Cambria, Paul) (Entered: 08/13/2021)
8/12/2021 MOTION for Trial Suspension During Jewish Holidays by John Brunst. (Panchapakesan, Gopi) (Entered: 08/12/2021)
8/12/2021TRANSCRIPT REQUEST Final Pretrial Conference by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 8/9/2021, Judge Susan M Brnovich hearing judge(s). (Rapp, Kevin) (Entered: 08/12/2021)
8/10/2021NOTICE Of Withdrawal of Counsel by Michael Lacey, James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Grant, James) (Entered: 08/10/2021)
8/9/2021Miscellaneous Document: E-mail from the Government re: Defendant's Proposed Strikes as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Filed pursuant to the Court's Order made in open Court this date) (ESG) (Entered: 08/19/2021)
8/9/2021Miscellaneous Document: E-Mail from Defense Counsel re: Defendant's Objections to the Government's Proposed Strikes as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Filed pursuant to the Court's Order made in open court this date) (ESG) (Entered: 08/19/2021)
8/9/2021MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Final Pretrial Conference as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7) held on 8/9/2021. Defendants' Joint 1191 Motion for Additional Peremptory Challenges is granted in part to allow Defendants an additional three strikes and the Government one additional strike. IT IS ORDERED resetting the Status Conference presently set for 8/13/2021 to 8/20/2021 at 9:30 AM. IT IS FURTHER ORDERED that the Jury Trial presently set for 8/23/2021 is continued until 9/07/2021. See attached order for complete details. (Court Reporter Christine Coaly.) Hearing held 9:02 AM to 10:01 AM.(ESG) (Entered: 08/10/2021)
8/6/2021RESPONSE re: 1191 Joint MOTION for Additional Peremptory Challenges (in Opposition) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Kozinets, Peter) (Entered: 08/06/2021)
8/6/20211203ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7): The Court has received inquiries from the public who wish to listen to the August 9, 2021 hearing. Although the standard is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve [s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the August 9, 2021 hearing will be permitted. Members of public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. ORDERED by Judge Susan M. Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 08/06/2021)
8/5/2021*STATUS REPORT and Request for Conference Addressing Exhibits, Witnesses, and Jury Instructions by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A)(Bernstein, Whitney) *Modified on 8/6/2021 to add motion part (KAH). (Entered: 08/05/2021)
8/5/2021Joint Proposed Jury Instructions by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst. (Panchapakesan, Gopi) (Entered: 08/05/2021)
8/3/2021Joint MOTION for Additional Peremptory Challenges by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst. (Panchapakesan, Gopi) (Entered: 08/03/2021)
8/3/2021AMENDED TRANSCRIPT REQUEST pursuant to 1189 Notice of Deficiency by Joye Vaught for proceedings held on 07-16-21, Judge Susan M Brnovich hearing judge(s). (Bertrand, Joy) (Entered: 08/03/2021)
8/3/20211189NOTICE TO FILER OF DEFICIENCY re: AO435 1188 Transcript Request filed by Joye Vaught. Item 18 - ORDER: (CATEGORY) No category box was checked. FOLLOW-UP ACTION REQUIRED: Please refile with the appropriate box checked under the FIRST COPY column. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 08/03/2021)
8/3/2021TRANSCRIPT REQUEST by Joye Vaught for proceedings held on 07/16/21, Judge Susan M Brnovich hearing judge(s). (Bertrand, Joy) (Entered: 08/03/2021)
7/20/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FINAL PRETRIAL CONFERENCE proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 07/16/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/18/2021. Redacted Transcript Deadline set for 8/30/2021. Release of Transcript Restriction set for 10/26/2021. (RAP) *Modified to correct date filed to match court reporter delivery date on 7/28/2021 (RAP). (Entered: 07/28/2021)
7/19/2021TRANSCRIPT REQUEST Final Pretrial Conference by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 7/16/2021, Judge Susan M Brnovich hearing judge(s). (Rapp, Kevin) (Entered: 07/19/2021)
7/19/2021SUPPLEMENT by Michael Lacey 1171 First MOTION to Inspect Grand Jury Instructions on Prostitution on behalf of Defendants Michael Lacey, James Larkin, John Brunst, Scott Spear, Andrew Padilla, Joy Vaught filed by Michael Lacey. (Cambria, Paul) (Entered: 07/19/2021)
7/16/2021MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Final Pretrial Conference as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7) held on 7/16/2021. LATER: In order to determine if additional jurors should be ordered, the parties are directed to send their proposed strikes for cause by the end of day on July 21, 2021. See attached pdf for complete details. Continuation of the Final Pretrial Conference set for 8/9/2021 at 09:00 AM before Judge Susan M Brnovich. (Court Reporter Christine Coaly.) Hearing held 9:02 AM to 11:54 AM.(ESG) (Entered: 07/16/2021)
7/15/2021ORDER denying Defendants' 1171 Motion to Disclose Grand Jury Instructions on Prostitution as to Michael Lacey (1) James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). Signed by Judge Susan M. Brnovich on 7/15/2021.(ESG) (Entered: 07/15/2021)
7/15/20211178ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7): The Court has received inquiries from the public who wish to listen to the July 16, 2021 hearing. Although the standard is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve [s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the July 16, 2021 hearing will be permitted. Members of public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. ORDERED by Judge Susan M. Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 07/15/2021)
6/29/2021REPLY TO RESPONSE to Motion by Michael Lacey re: 1171 First MOTION to Inspect Grand Jury Instructions on Prostitution on behalf of Defendants Michael Lacey, James Larkin, John Brunst, Scott Spear, Andrew Padilla, Joy Vaught . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cambria, Paul) (Entered: 06/29/2021)
6/23/2021RESPONSE re: 1171 First MOTION to Inspect Grand Jury Instructions on Prostitution on behalf of Defendants Michael Lacey, James Larkin, John Brunst, Scott Spear, Andrew Padilla, Joy Vaught (In Opposition) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Kozinets, Peter) (Entered: 06/23/2021)
6/21/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC STATUS CONFERENCE proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 02/12/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/12/2021. Redacted Transcript Deadline set for 7/22/2021. Release of Transcript Restriction set for 9/20/2021. (RAP) (Entered: 06/22/2021)
6/21/2021TRANSCRIPT REQUEST by John Brunst for proceedings held on 2.12.2021, Judge Susan M Brnovich hearing judge(s). (Panchapakesan, Gopi) (Entered: 06/21/2021)
6/15/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, and Joye Vaught held on 06/07/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/6/2021. Redacted Transcript Deadline set for 7/16/2021. Release of Transcript Restriction set for 9/13/2021. (RAP) (Entered: 06/15/2021)
6/10/2021NOTICE of Filing Defendants' Proposed Supplemental Jury Questionnaire Questions by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1029 Notice (Other). (Attachments: # 1 Exhibit)(Bernstein, Whitney) (Entered: 06/10/2021)
6/9/2021First MOTION to Inspect Grand Jury Instructions on Prostitution on behalf of Defendants Michael Lacey, James Larkin, John Brunst, Scott Spear, Andrew Padilla, Joy Vaught by Michael Lacey. (Attachments: # 1 Exhibit A)(Cambria, Paul) (Entered: 06/09/2021)
6/8/2021TRANSCRIPT REQUEST by Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on June 7, 2021, Judge Susan M Brnovich hearing judge(s). (Cambria, Paul) (Entered: 06/08/2021)
6/7/2021MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Status Conference as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 6/7/2021. The parties are directed to have the proposed questionnaire to the Court by no later than close of business on 6/10/2021. IT IS ORDERED setting an in-person Status Conference for 8/13/2021 at 11:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M. Brnovich. (Court Reporter Christine Coaly.) Hearing held 4:04 PM to 5:04 PM. (ESG) (Entered: 06/08/2021)
6/3/20211166ORDER as to Michael Lacey(1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7): The Court has received inquiries from the public who wish to listen to the June 7, 2021 hearing. Although the standard is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve [s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the June 7, 2021 hearing will be permitted. Members of public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. ORDERED by Judge Susan M. Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 06/03/2021)
6/2/2021ORDER as to as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7): denying Defendants' 927 Motion in Limine to Preclude Evidence Regarding Backpage.com's Alleged Reputation as a Leading Source of Illegal Sexual Service Advertisements. Signed by Judge Susan M. Brnovich on 6/02/2021. (ESG) (Entered: 06/02/2021)
5/28/2021ORDER as to as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7): that Defendants' 909 Motion in Limine to Preclude Certain Expert Testimony of Quoc Thai is denied. Signed by Judge Susan M. Brnovich on 5/28/2021. (ESG) (Entered: 05/28/2021)
5/21/2021NOTICE of Compliance by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 1161 Order. (Rapp, Kevin) (Entered: 05/21/2021)
5/20/2021ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7): that the Government's 929 Motion in Limine to Admit Evidence as to Non-hearsay Statements is denied. Signed by Judge Susan M. Brnovich on 5/20/2021.(ESG) (Entered: 05/20/2021)
5/18/20211161ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7): In preparation for trial, the Court is reviewing the questionnaires submitted by the parties in February, 2020. The Government wrote that they did not have time to review and provide input to Defendants proposed questionnaire and would do at a later date. IT IS ORDERED that the government file any objections to Defendants questionnaire by May 21, 2021. IT IS FURTHER ORDERED that the parties be prepared to finalize the questionnaire at the status conference set for June 7, 2021. ORDERED by Judge Susan M. Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 05/18/2021)
5/18/20211160 IT IS ORDERED the Status Conference presently set for 6/08/2021 as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7), is RESET. Status Conference reset as a virtual hearing for 6/7/2021 at 04:00 PM before Judge Susan M. Brnovich. Ordered by Judge Susan M. Brnovich. (ESG) (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry) (Entered: 05/18/2021)
5/17/2021ORDER as to Michael Lacey (1), James Larkin (2), John Brunst (3), Scott Spear (4), Andrew Padilla (6), and Joye Vaught(7): granting in part and denying in part Defendants' 907 Motion in Limine to Preclude Presentation of Certain Evidence Related to Other Classified Websites Morality of Adult Classified Ads, and Third-Party Opinions on Legal Issues. Evidence related to Craigslist will be restricted only as it relates to Craigslist's motivation for shutting down its adult classified section. Morality evidence as described above will be precluded. The motion is otherwise denied. Signed by Judge Susan M. Brnovich on 5/17/2021.(ESG) (Entered: 05/17/2021)
5/12/2021TRANSCRIPT REQUEST re Oral Argument as to Defendants' [Doc. 940] Motion by Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on May 3, 2021, Judge Susan M Brnovich hearing judge(s). (Bienert, Thomas) (Entered: 05/12/2021)
5/7/2021ORDER as to Michael Lacey (1), James Larkin (2), John Brunst (3), Scott Spear (4), Andrew Padilla (6), and Joye Vaught(7): that Defendants' Motion in Limine to Preclude Presentation of Certain Evidence is granted in part and denied in part. The motion is granted to preclude testimony from people engaged in prostitution regarding the details of their lifestyle except as it relates to their use of Backpage.com. The motion is also granted to preclude evidence related to details of crimes committed by third parties, evidence of a third party's Travel Act violation from 1987, and evidence of prostitution ads from print publications. The rest of Defendants' motion is denied. Signed by Judge Susan M. Brnovich on 5/07/2021.(ESG) (Entered: 05/07/2021)
5/7/2021ORDER denying the Government's 920 Motion in Limine to Admit Evidence of Murders Implicating Backpage as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). Signed by Judge Susan M. Brnovich on 5/07/2021. (ESG) (Entered: 05/07/2021)
5/4/2021TRANSCRIPT REQUEST re Oral Argument as to Defendants' 940 MOTION by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on May 3, 2021, Judge Susan M Brnovich hearing judge(s). (Kozinets, Peter) (Entered: 05/04/2021)
4/27/20211152*ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: The Court has received inquiries from the public who wish to listen to the May 3, 2021 hearing. Although the standard is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve [s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the May 3, 2021 hearing will be permitted. Members of public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. Ordered by Judge Susan M. Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) *NEF regenerated on 4/30/2021 (CEI). (Entered: 04/27/2021)
4/20/2021NOTICE Defendants' Citation of Supplemental Authorities in Opposition to Government's Motion for In Camera Review of Crime-Fraud Materials (Doc. No. 1074) by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst. (Lincenberg, Gary) (Entered: 04/20/2021)
4/12/20211150ORDER as to James Larkin, Michael Lacey, Scott Spear, John Brunst, Andrew Padilla and Joye Vaught. IT IS ORDERED setting a virtual Oral Argument as to Defendants' 940 MOTION to Dismiss Indictment Based on Outrageous Government Misconduct Invading Attorney-Client Privilege for 5/3/2021 at 01:00 PM (1 hour allowed) before Judge Susan M Brnovich. Ordered by Judge Susan M. Brnovich. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry) (ESG) (Entered: 04/12/2021)
4/7/2021NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME as to Thomas Henry Bienert, Jr by James Larkin. (Bienert, Thomas) (Entered: 04/07/2021)
4/5/2021ORDER of USCA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught Denying Petition re: 20-73408 as to 1103 Petition for Writ of Mandamus. (DXD) *Modified to correct event on 9/7/2021 (DXD). (Entered: 04/05/2021)
3/31/2021RESPONSE in Opposition by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 931 MOTION in Limine to Admit Evidence. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bienert, Thomas) *Modified to correct filer on 4/1/2021 (KAH). (Entered: 03/31/2021)
3/18/2021ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6) and Joye Vaught (7); that Defendants' 1001 Motion for Leave to File Excess pages is granted. IT IS FURTHER ORDERED that Defendants response shall not exceed 26 pages. IT IS FURTHER ORDERED that the lodged response be withdrawn and a response in compliance with this Order be filed no later than March 31, 2021. Signed by Judge Susan M. Brnovich on 3/18/2021.(ESG) (Entered: 03/18/2021)
3/3/2021ORDER granting the 1127 Motion to Continue Sentencing as to Dan Hyer (5). Sentencing reset for 12/13/2021 at 10:30 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M. Brnovich. Signed by Judge Susan M. Brnovich on 3/02/2021.(ESG) (Entered: 03/03/2021)
3/1/2021Sixth MOTION to Continue Sentencing by USA as to Dan Hyer. (Attachments: # 1 Text of Proposed Order)(Rapp, Kevin) (Entered: 03/01/2021)
2/12/2021MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Telephonic Motion Hearing as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7) held on 2/12/2021. IT IS ORDERED granting the Defendants' 1113 Motion to Continue Trial. Jury Trial reset for 8/23/2021 at 09:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. Telephonic Status Conference set for 6/8/2021 at 09:00 AM before Judge Susan M Brnovich. Final Pretrial Conference set for 7/16/2021 at 09:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. (Court Reporter Christine Coaly) Hearing held 11:35 AM to 11:51 AM.(ESG) (Entered: 02/12/2021)
2/11/2021ORDER denying Defendants' 1083 Motion for Issuance of Subpoenas as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7). Signed by Judge Susan M. Brnovich on 2/11/2021.(ESG) (Entered: 02/11/2021)
2/9/2021REPLY TO RESPONSE to Motion by Michael Lacey re: 1113 MOTION to Continue Trial on behalf of Defendants Michael Lacey, James Larkin, John Brunst, Scott Spear, Andrew Padilla, and Joye Vaught . (Cambria, Paul) (Entered: 02/09/2021)
2/2/2021RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 1113 MOTION to Continue Trial on behalf of Defendants Michael Lacey, James Larkin, John Brunst, Scott Spear, Andrew Padilla, and Joye Vaught . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rapp, Kevin) (Entered: 02/02/2021)
2/1/20211118ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, and Joye Vaught. The Court has received inquiries from the public who wish to listen to the February 12, 2021 hearing. Although the standard is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve [s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the February 12, 2021 hearing will be permitted. Members of public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. ORDERED by Judge Susan M. Brnovich on 2/01/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 02/01/2021)
1/27/20211117ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7) setting Oral Argument regarding Defendants' 1113 Motion to Continue Trial for 2/12/2021 at 11:30 AM (30 mins allowed) before Judge Susan M. Brnovich. The hearing will be conducted telephonically. The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. ORDERED by Judge Susan M. Brnovich on 1/27/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 01/27/2021)
1/25/2021SUPPLEMENT by Michael Lacey 1113 MOTION to Continue Trial on behalf of Defendants Michael Lacey, James Larkin, John Brunst, Scott Spear, Andrew Padilla, and Joye Vaught filed by Michael Lacey. (Cambria, Paul) (Entered: 01/25/2021)
1/21/2021NOTICE OF MATERIAL DEVELOPMENT by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst. (Lincenberg, Gary) (Entered: 01/21/2021)
1/19/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC STATUS CONFERENCE proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 01/04/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/9/2021. Redacted Transcript Deadline set for 2/19/2021. Release of Transcript Restriction set for 4/19/2021. (RAP) (Entered: 01/20/2021)
1/19/2021 MOTION to Continue Trial on behalf of Defendants Michael Lacey, James Larkin, John Brunst, Scott Spear, Andrew Padilla, and Joye Vaught by Michael Lacey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cambria, Paul) (Entered: 01/19/2021)
1/12/2021TRANSCRIPT REQUEST by Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 01/04/2021, Judge Susan M Brnovich hearing judge(s). (Cambria, Paul) (Entered: 01/12/2021)
1/7/2021AMENDED TRANSCRIPT REQUEST pursuant to 1110 Notice of Deficiency by Michael Lacey for proceedings held on December 4, 2020, Judge Susan M Brnovich hearing judge(s). (Cambria, Paul) (Entered: 01/07/2021)
1/7/20211110NOTICE TO FILER OF DEFICIENCY re: AO435 1109 Transcript Request filed by Michael Lacey. Item(s) were not completed (left blank): 13. CASE NAME and Item 18 - ORDER: E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile with blank item(s) described above completed and provide an email address for delivery. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 01/07/2021)
1/7/2021TRANSCRIPT REQUEST by Michael Lacey for proceedings held on December 4, 2020, Judge Susan M Brnovich hearing judge(s). (Cambria, Paul) (Entered: 01/07/2021)
1/4/2021*MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Telephonic Status Conference as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6) and Joye Vaught (7) held on 1/4/2021. See attached pdf for complete details. (Court Reporter Christine Coaly) Hearing held 11:20 AM to 11:35 AM. (ESG) *Modified to add pdf; NEF regenerated on 1/5/2021 (CEI). (Entered: 01/04/2021)
1/4/20211107ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. The Court has received inquiries from the public who wish to listen to the January 4, 2021 hearing. Although the standard is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve [s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the January 4, 2021 hearing will be permitted. Members of public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. ORDERED by Judge Susan M. Brnovich on 1/04/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 01/04/2021)
12/14/2020NOTICE (SECOND) RE: DECEMBER 4, 2020 TELEPHONIC MOTION HEARING ON DEFENDANTS MOTION TO STAY by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A)(Kozinets, Peter) (Entered: 12/14/2020)
12/11/2020RESPONSE re: 1100 Notice (Other) Re: December 4, 2020 Telephonic Hearing by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst. (Attachments: # 1 Declaration of Toni Thomas)(Lincenberg, Gary) (Entered: 12/11/2020)
12/9/2020TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on December 4, 2020, Judge Susan M Brnovich hearing judge(s). (Kozinets, Peter) (Entered: 12/09/2020)
12/8/2020*ORDER of USCA as to Michael Lacey: This petition for a writ of mandamus raises issues that warrant an answer. Accordingly, within 14 days after the date of this order, the real party in interest shall file an answer. The district court may elect to file an answer with this court or to issue a supplemental order and serve a copy on this court. The Clerk shall serve this order on the district court and District Judge Susan M. Brnovich, re: 20-73408 1103 . (Copies sent by the Ninth Circuit) (EJA) *Modified text on 12/9/2020 (EJA). (Entered: 12/09/2020)
12/8/2020MANDATE of USCA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught - Dismissing Appeal upon Motion re: 20-10388 as to 1089 Notice of Appeal. (DXD) (Entered: 12/08/2020)
12/8/2020NOTICE RE: DECEMBER 4, 2020 TELEPHONIC MOTION HEARING ON DEFENDANTS' MOTION TO STAY by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Kozinets, Peter) (Entered: 12/08/2020)
12/7/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC MOTION HEARING proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, and Joye Vaught held on 12/04/2020, before Judge SUSAN M. BRNOVICH. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/28/2020. Redacted Transcript Deadline set for 1/7/2021. Release of Transcript Restriction set for 3/8/2021. (RAP) (Entered: 12/08/2020)
12/7/2020TRANSCRIPT REQUEST by Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on December 4, 2020, Judge Susan M Brnovich hearing judge(s). (Bienert, Thomas) (Entered: 12/07/2020)
12/4/2020MINUTE ENTRY for proceedings held before Judge Susan M Brnovich: Motion Hearing as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, and Joye Vaught held on 12/4/2020. IT IS ORDERED denying Defendants' 1092 Motion to Stay. A Status Conference is set for 1/4/2021 at 11:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. See attachment. (Court Reporter Linda Schroeder.) Hearing held 10:02 AM to 11:25 AM.(CLB) (Entered: 12/04/2020)
12/3/20201096ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: The Court has received inquiries from the public who wish to listen to the December 4, 2020 hearing. Although the standard is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve [s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the December 4, 2020 hearing will be permitted. Members of public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. ORDERED by Judge Susan M. Brnovich on12/03/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 12/03/2020)
12/2/2020RESPONSE in Opposition by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1092 MOTION Defendants' Motion For Stay of Case Pending Resolution of The Mandamus Petition . (Kozinets, Peter) (Entered: 12/02/2020)
11/23/20201094ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught The Court has received Defendants Motion For Stay of Case Pending Resolution of the Mandamus Petition (Doc. 1092). On the Court's own motion, the briefing will be expedited and oral argument scheduled. IT IS ORDERED that the Government's response is due December 2, 2020. No reply will be allowed. Telephonic oral argument is scheduled for December 4, 2020 at 10:00 a.m. The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. ORDERED by Judge Susan M. Brnovich on 11/23/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 11/23/2020)
11/23/2020REPLY TO RESPONSE to Motion by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst re: 1083 MOTION for Issuance of Subpoenas (Expedited Review Requested) . (Neuman, Ariel) (Entered: 11/23/2020)
11/20/2020 MOTION Defendants' Motion For Stay of Case Pending Resolution of The Mandamus Petition by James Larkin. (Attachments: # 1 Text of Proposed Order)(Bernstein, Whitney) (Entered: 11/20/2020)
11/19/2020USCA Case Number as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: Petition for Writ of Mandamus, filed at the Ninth Circuit. Case number 20-73408, Ninth Circuit. (EJA) *Modified text on 4/5/2021 (DXD). (Entered: 12/09/2020)
11/18/2020RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1083 MOTION for Issuance of Subpoenas (Expedited Review Requested) . (Rapp, Kevin) (Entered: 11/18/2020)
11/17/2020USCA Case Number as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 1089 Notice of Appeal. Case number 20-10388, Ninth Circuit. (EJA) (Entered: 11/18/2020)
11/16/2020*NOTICE OF APPEAL to 9th Circuit Court of Appeals by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 1075 Order on Motion for Recusal, Order on Motion to Strike. Filing fee received: $ 505.00, receipt number 0970-18886892. (Bienert, Thomas) *Modified to remove filer on 11/18/2020 (EJA). (Entered: 11/16/2020)
11/5/2020ORDER as to Scott Spear (3): that Defendant Spear's Amended 1019 Motion for Issuance of Rule 17(c) Subpoenas is denied. Signed by Judge Susan M. Brnovich on 11/05/2020.(ESG) (Entered: 11/05/2020)
11/4/2020 MOTION for Issuance of Subpoenas (Expedited Review Requested) by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Neuman, Ariel) (Entered: 11/04/2020)
10/29/2020NOTICE OF ATTORNEY SUBSTITUTION: Daniel Boyle appearing for USA. Attorney John Jacob Kucera terminated . (Boyle, Daniel) (Entered: 10/29/2020)
10/27/2020ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6); and Scott Spear (3) granting in part Defendants Motion In Limine To Preclude Expert Testimony. (Doc. 928 .) The Government will be limited to one expert for any one area of relevance. Areas of expert testimony not listed above as relevant are precluded. IT IS ORDERED granting in part United States motion (Doc. 905 .) to preclude any expert not yet named (as identified in sections 7, 8, 9, and 10) and the testimony of Mr. Butler and to limit the testimony of Professor Goldman, Alexandra Levy, Alexandra Lutnick, Dr. Kimberly Mehlman-Orozco, and Mr. Weil as described above and denying the motion as to William Norman. Signed by Judge Susan M. Brnovich on 10/26/2020.(ESG) (Entered: 10/27/2020)
10/26/2020ORDER granting in part and denying in part Defendants' 904 Motion in Limine To Preclude Certain References to Witnesses, Defendants, and Defense Counsel. The motion is granted as to the requests to preclude the Government from referring to Defendants as the "Backpage Defendants" and Defendants' counsel as "Backpage Lawyers." The motion is denied as to the request to preclude the term "victim" in front of the jury. Signed by Judge Susan M. Brnovich on 10/26/2020. (ESG) (Entered: 10/26/2020)
10/26/2020ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6) and Joye Vaught (7), denying Defendants' 921 Motion in Limine to Preclude Irrelevant and Non-Percipient Witnesses without prejudice to raising specific objections at trial. Signed by Judge Susan M. Brnovich on 10/26/2020. (ESG) (Entered: 10/26/2020)
10/26/2020ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7), granting the Government's 906 Motion in Limine as it seeks to enforce the parties' representations and Judge Logan's previous ruling Signed by Judge Susan M. Brnovich on 10/26/2020.(ESG) (Entered: 10/26/2020)
10/23/2020ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6) and Joye Vaught (7); denying Defendants' Motion for Recusal. (Doc. 1059 .) IT IS FURTHER ORDERED striking Exhibit A of Defendants' Reply (Doc. 1071 .) and denying as moot the Government's Motion to Strike Reply Declarations (Doc. 1072 .) Order Signed by Judge Susan M. Brnovich on 10/23/2020.(ESG) (Entered: 10/23/2020)
10/16/2020 MOTION to Strike REPLY DECLARATIONS OR, ALTERNATIVELY, MOTION FOR LEAVE TO FILE SUR-REPLY by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Kozinets, Peter) (Entered: 10/16/2020)
10/14/2020REPLY TO RESPONSE to Motion by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1059 MOTION for Recusal on behalf of all Defendants . (Attachments: # 1 Exhibit A- Declaration of Vaughn Walker, # 2 Exhibit B- Declaration of Defendants' Attorneys)(Bienert, Thomas) (Entered: 10/14/2020)
10/14/2020ORDER granting the Government's 1069 Motion to Confirm Trial Subpoenas as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). IT IS FURTHER ORDERED that all trial subpoenas issued for the previous trial dates in this case shall remain in effect for the current trial date of 4/12/2021. Signed by Judge Susan M. Brnovich on 10/14/2020. (ESG) (Entered: 10/14/2020)
10/13/2020 MOTION to Confirm Trial Subpoenas by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Rapp, Kevin) (Entered: 10/13/2020)
10/8/2020ORDER granting the 1058 Motion to Continue Trial filed as to James Larkin (2). Jury Trial set for 1/12/2021 is RESET to 4/12/2021 at 09:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. IT IS FURTHER ORDERED vacating the status conference on 10/26/2020 and final pretrial conference on 12/14/2020 and resetting the final pretrial conference to 3/22/2021 at 10:00 a.m. IT IS FURTHER ORDERED setting a status conference to discuss the proposed questionnaire on 2/22/2021 at 11:00 a.m. Order to Continue Trial applies to the following defendants: Michael Lacey (1), James Larkin(2), Scott Spear(3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). Signed by Judge Susan M. Brnovich on 10/07/2020.(ESG) (Entered: 10/08/2020)
10/7/2020RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 1059 MOTION for Recusal on behalf of all Defendants . (Kozinets, Peter) (Entered: 10/07/2020)
10/5/2020ORDER granting the United States' 922 Motion for Leave to File Non-Electronic Exhibit to United States' Motion In Limine to Determine Admissibility of Evidence as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7). Signed by Judge Susan M. Brnovich on 10/05/2020.(ESG) (Entered: 10/05/2020)
10/5/2020ORDER granting the United States' 919 Motion for Leave. IT IS FURTHER ORDERED granting the United States permission to file a compact disc containing trial exhibits as to Michael Lacey (1), James Larkin, Scott Spear, John Brunst, Andrew Padilla, and Joye Vaught. Signed by Judge Susan M. Brnovich on 10/05/2020.(ESG) (Entered: 10/05/2020)
10/5/2020RESPONSE re: 1058 MOTION to Continue Trial by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A)(Perlmeter, Margaret) (Entered: 10/05/2020)
9/23/2020Additional Attachments to Main Document re: 1059 MOTION for Recusal on behalf of all Defendants by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit 21, # 2 Exhibit 22, # 3 Exhibit 23)(Bienert, Thomas) (Entered: 09/23/2020)
9/23/2020Additional Attachments to Main Document re: 1059 MOTION for Recusal on behalf of all Defendants by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14, # 5 Exhibit 15, # 6 Exhibit 16, # 7 Exhibit 17, # 8 Exhibit 18, # 9 Exhibit 19, # 10 Exhibit 20)(Bienert, Thomas) (Entered: 09/23/2020)
9/23/2020 MOTION for Recusal on behalf of all Defendants by James Larkin. (Attachments: # 1 Appendix Exhibit Appendix, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Bienert, Thomas) (Entered: 09/23/2020)
9/21/2020 MOTION to Continue Trial by James Larkin. (Attachments: # 1 Text of Proposed Order)(Bernstein, Whitney) (Entered: 09/21/2020)
9/11/2020NOTICE (SUPPLEMENTAL) OF INTENT TO OFFER BUSINESS RECORDS PURSUANT TO FEDERAL RULE OF EVIDENCE 902(11) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A)(Stone, Andrew) (Entered: 09/11/2020)
9/9/2020ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: The parties' discovery dispute was taken under advisement after oral argument this morning. The Court has considered the arguments of the parties and finds good cause to modify the protective order. IT IS ORDERED MODIFYING Doc. 731 to the following. See attached order for complete details. Signed by Judge Susan M. Brnovich on 9/09/2020.(ESG) (Entered: 09/09/2020)
9/9/20201055MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Telephonic Conference re: Discovery Dispute as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7) held on 9/9/2020. Discussion held regarding Jencks Material. The matter is taken under advisement. Order to follow.

Telephonic Appearances: AUSA Kevin Rapp, Andrew Stone, Margaret Perlmeter and Peter Kozinets for the Government, retained attorneys Erin McCampbell and James Grant for defendant Michael Lacey. Defendant is not present and released (presence waived. Retained attorney Whitney Bernstein for defendant James Larkin. Defendant is present and released appearing by telephone. Retained attorney Bruce Feder for defendant Scott Spear. Defendant is present and released appearing by phone. Retained attorneys Ariel Neuman, Rhonda Neff, Michael Kimmerer, and Gopi Panchapakesan for defendant John Brunst. Defendant is present and released appearing by phone. CJA attorney David Eisenberg for defendant Andrew Padilla. Defendant is not present and released (presence waived). CJA attorney Joy Bertrand for defendant Joye Vaught. Defendant is not present and released (presence waived). (Court Reporter Christine Coaly) Hearing held 10:33 AM to 11:03 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 09/09/2020)
9/8/20201054ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: The Court has received inquiries from the public who wish to listen to the September 9, 2020 hearing. Although the standard is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve [s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the September 9, 2020 hearing will be permitted. Members of public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. ORDERED by Judge Susan M. Brnovich on 9/08/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 09/08/2020)
8/27/20201053ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught setting a Telephonic Conference re: Jencks Material for 9/9/2020 at 10:30 AM before Judge Susan M. Brnovich. The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. ORDERED by Judge Susan M. Brnovich on 8/27/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 08/27/2020)
8/12/2020ORDER that the United States' 1046 Motion for Limited Disclosure of Tax Information and Protective Order is GRANTED as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). See attached order for complete details. Signed by Judge Susan M. Brnovich on 8/12/2020.(ESG) (Entered: 08/12/2020)
8/7/2020 MOTION Government's Motion for Limited Tax Disclosure and Protective Order by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Stone, Andrew) (Entered: 08/07/2020)
7/29/2020ORDER granting Defendant's 1043 Motion to Modify Conditions of Release as to Scott Spear (3). Signed by Judge Susan M. Brnovich on 7/28/2020.(ESG) (Entered: 07/29/2020)
7/29/2020ORDER granting the Government's 1042 Motion to Confirm Trial Subpoenas. IT IS FURTHER ORDERED that all trial subpoenas issued for the previous trial dates in this case shall remain in effect for the current trial date of 1/12/2021 as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). Signed by Judge Susan M. Brnovich on 7/28/2020.(ESG) (Entered: 07/29/2020)
7/24/2020 MOTION to Modify Conditions of Release by Scott Spear. (Attachments: # 1 Text of Proposed Order)(Feder, Bruce) (Entered: 07/24/2020)
7/14/2020 MOTION to Confirm Trial Subpoenas by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Rapp, Kevin) (Entered: 07/14/2020)
7/14/2020*JOINDER to 1019 MOTION Defendant Scott Spear's Amended Motion for Issuance of Rule 17(c) Subpoenas by Andrew Padilla. (Eisenberg, David) *Modified to add document linkage on 7/15/2020 (GMP). (Entered: 07/14/2020)
7/13/2020REPLY TO RESPONSE to Motion by Scott Spear re: 1019 MOTION Defendant Scott Spear's Amended Motion for Issuance of Rule 17(c) Subpoenas . (Feder, Bruce) (Entered: 07/13/2020)
7/13/2020ORDER granting Defendant's Fifth 1038 Motion to Continue Sentencing as to Dan Hyer (5). Sentencing RESET for 4/5/2021 at 03:30 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M. Brnovich. Signed by Judge Susan M. Brnovich on 7/13/2020.(ESG) (Entered: 07/13/2020)
7/9/2020Fifth MOTION to Continue Sentencing by USA as to Dan Hyer. (Attachments: # 1 Text of Proposed Order)(Rapp, Kevin) (Entered: 07/09/2020)
7/8/2020ORDER granting the parties' 1036 Stipulation for restraint of property as to Michael Lacey, James Larkin. Signed by Judge Susan M. Brnovich on 07/08/2020.(ESG) (Entered: 07/08/2020)
7/7/2020STIPULATION for Restraint of Property by USA as to Michael Lacey, James Larkin. (Attachments: # 1 Text of Proposed Order)(Rapp, Kevin) (Entered: 07/07/2020)
7/6/2020ORDER granting Defendant's 1034 Motion for Extension of Time to File Response/Reply as to Scott Spear (3). IT IS FURTHER ORDERED extending the deadline for Defendant Spears to file reply to the government's response to Defendant's Amended Motion for Issuance of Rule 17(c) Subpoenas to July 13, 2020. Signed by Judge Susan M. Brnovich on 7/06/2020.(ESG) (Entered: 07/06/2020)
7/6/2020 MOTION for Extension of Time to File Response/Reply re: 1027 Response to Defendant's Amended Motion for Issuance of Rule 17(c) Subpoenas (EXPEDITED) by Scott Spear. (Attachments: # 1 Text of Proposed Order Proposed Order)(Feder, Bruce) (Entered: 07/06/2020)
7/6/2020JOINDER to 1019 MOTION Defendant Scott Spear's Amended Motion for Issuance of Rule 17(c) Subpoenas by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught.. (Cambria, Paul) (Entered: 07/06/2020)
7/6/2020JOINDER to 1019 MOTION Defendant Scott Spear's Amended Motion for Issuance of Rule 17(c) Subpoenas by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Bernstein, Whitney) (Entered: 07/06/2020)
6/29/2020ORDER granting Defendants' 990 Motion to Continue Trial. Resetting Jury Trial for 1/12/2021 at 09:00 AM. Resetting the Final Pretrial Conference for 12/14/2020 at 09:00 AM. Setting a telephonic status conference on 10/26/2020 at 11:00 a.m. (phone-in instructions will be given later). Order to Continue Trial applies to the following defendants: Michael Lacey(1), James Larkin(2), Scott Spear(3), John Brunst (4), Andrew Padilla(6), Joye Vaught(7). See attached Order for complete details. Signed by Judge Susan M. Brnovich on 6/29/2020. (ESG) (Entered: 06/29/2020)
6/29/2020JOINDER to 1019 MOTION Defendant Scott Spear's Amended Motion for Issuance of Rule 17(c) Subpoenas by John Brunst as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Panchapakesan, Gopi) (Entered: 06/29/2020)
6/26/2020NOTICE OF FILING JOINT PROPOSED JURY QUESTIONNAIRE by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit)(Perlmeter, Margaret) (Entered: 06/26/2020)
6/26/2020ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4) Andrew Padilla (6), and Joye Vaught (7) denying Defendants' 777 Motion to Compel Production of Brady Material. Signed by Judge Susan M. Brnovich on 6/26/2020.(ESG) (Entered: 06/26/2020)
6/26/2020RESPONSE re: 1019 MOTION Defendant Scott Spear's Amended Motion for Issuance of Rule 17(c) Subpoenas by USA as to Scott Spear. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rapp, Kevin) (Entered: 06/26/2020)
6/24/2020SUPPLEMENT by Michael Lacey 990 MOTION to Continue Trial filed by Michael Lacey. (Cambria, Paul) (Entered: 06/24/2020)
6/19/2020REPLY TO RESPONSE to Motion by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to Michael Lacey re: 990 MOTION to Continue Trial . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cambria, Paul) (Entered: 06/19/2020)
6/15/2020REPLY TO RESPONSE to Motion by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 940 MOTION to Dismiss Indictment Defendants' Lacey, Larkin, Brunst, and Spear's Motion to Dismiss Based on Outrageous Government Misconduct Invading Attorney-Client Privilege . (Attachments: # 1 Exhibit A)(Bernstein, Whitney) (Entered: 06/15/2020)
6/12/2020AMENDED MOTION Defendant Scott Spear's Amended Motion for Issuance of Rule 17(c) Subpoenas by Scott Spear. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Text of Proposed Order Proposed Order)(Feder, Bruce) (Entered: 06/12/2020)
6/12/2020RESPONSE in Opposition by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 990 MOTION to Continue Trial . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rapp, Kevin) (Entered: 06/12/2020)
6/10/20201017ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst: On the Court's own motion, the Oral Argument re: Motion to Dismiss set for June 19, 2020 at 9:00 AM is VACATED. The motion will be ruled on without oral argument. ORDERED by Judge Susan M. Brnovich on 6/10/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 06/10/2020)
6/10/20201016ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: On the Courts own motion, the Status Hearing set for June 19, 2020 at 10:00 AM is VACATED. IT IS FURTHER ORDERED directing the parties to submit and file a Joint Proposed Jury Questionnaire by June 26, 2020. ORDERED by Judge Susan M. Brnovich on 6/10/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 06/10/2020)
6/8/2020**WITHDRAWN per Order (Doc. 1133 ** LODGED Proposed Defendants' Opposition to Government's Motion in Limine to Admit Evidence (DKT. 931) by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 1001 MOTION for Leave to File Excess Pages In Support of Its Response In Opposition to Government's Motion in Limine to Admit Evidence (DKT. 931). Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. (Attachments: # 1 Affidavit Declaration of Toni Thomas, # 2 Exhibit A)(Bernstein, Whitney) Modified on 3/19/2021 (DXD). (Entered: 06/08/2020)
6/8/2020 MOTION for Leave to File Excess Pages In Support of Its Response In Opposition to Government's Motion in Limine to Admit Evidence (DKT. 931) by James Larkin. (Attachments: # 1 Text of Proposed Order)(Bernstein, Whitney) (Entered: 06/08/2020)
6/5/2020RESPONSE re: 940 MOTION to Dismiss Indictment Defendants' Lacey, Larkin, Brunst, and Spear's Motion to Dismiss Based on Outrageous Government Misconduct Invading Attorney-Client Privilege (REDACTED FOR PUBLIC DISCLOSURE) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stone, Andrew) (Entered: 06/05/2020)
6/2/2020ORDER granting 991 Motion to Seal Exhibits A, B, C and D to the Motion to Continue Trial as to Michael Lacey (1). Signed by Judge Susan M Brnovich on 6/1/20. (MAP) (Entered: 06/02/2020)
5/29/2020 MOTION to Continue Trial by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to Michael Lacey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order)(Cambria, Paul) (Entered: 05/29/2020)
5/26/2020978ORDER as to James Larkin (2), et al: The Court has considered the parties request to appear by video conference for oral argument, scheduled for June 19, 2020. After consultation with Court staff, video conferencing is not feasible. Therefore, IT IS ORDERED denying the Motion for Leave to Appear Via Remote Video Teleconference (Doc. 970 ). However, the parties may appear telephonically. The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. ORDERED by Judge Susan M. Brnovich on 5/26/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 05/26/2020)
5/21/2020NOTICE of Compliance with Court's Order by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 937 Order on Motion to Extend Time. (Attachments: # 1 Exhibit A)(Jones, Reginald) (Entered: 05/21/2020)
5/19/2020*JOINDER to 964 Response in Opposition by Joye Vaught. (Bertrand, Joy) *Modified to correct event on 5/20/2020 (GMP). (Entered: 05/19/2020)
5/17/2020*JOINDER to 964 Response in Opposition by Andrew Padilla. (Eisenberg, David) *Modified to correct event on 5/18/2020 (GMP). (Entered: 05/17/2020)
5/14/2020JOINDER to 963 Response in Opposition by Michael Lacey, James Larkin, John Brunst as to John Brunst.. (Neuman, Ariel) (Entered: 05/14/2020)
5/14/2020ORDER that Defendants' 970 Motion for Extension of Time is granted in part. Defendants' Reply in Support of Misconduct Motion (Doc. 940 ) is due 6/15/2020, and the request to have the hearing by remote video teleconference is taken under advisement. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 5/14/2020.(ESG) (Entered: 05/14/2020)
5/14/2020JOINDER to 963 Response in Opposition by Scott Spear. (Feder, Bruce) (Entered: 05/14/2020)
5/13/2020971*NOTICE TO FILER OF DEFICIENCY re: 968 Notice (Other) filed by James Larkin. Document not in compliance with LRCiv 83.3(b). Attorneys shall not be permitted to withdraw or be substituted as attorney of record in any pending action except by formal written order of the Court. FOLLOW-UP ACTION REQUIRED: Please file a Motion to Withdraw as Attorney. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GMP) *Modified to reflect event corrected on 5/13/2020 (GMP). (Entered: 05/13/2020)
5/12/2020*MOTION for Extension of Time to File Response/Reply re: 940 MOTION to Dismiss Indictment Defendants' Lacey, Larkin, Brunst, and Spear's Motion to Dismiss Based on Outrageous Government Misconduct Invading Attorney-Client Privilege , MOTION for Leave to Appear Via Remote Video Teleconference by James Larkin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Bernstein, Whitney) *Modified to correct event and add motion part on 5/13/2020 (GMP). (Entered: 05/12/2020)
5/12/2020NOTICE OF ERRATA re: 940 MOTION to Dismiss Indictment Defendants' Lacey, Larkin, Brunst, and Spear's Motion to Dismiss Based on Outrageous Government Misconduct Invading Attorney-Client Privilege by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught.. (Attachments: # 1 Affidavit Declaration of Ariel Neuman, # 2 Exhibit 6)(Bienert, Thomas) (Entered: 05/12/2020)
5/12/2020*NOTICE of Attorney Withdrawal as to James Larkin terminating Kenneth Morley Miller; Anthony Ray Bisconti and John Lewis Littrell. (Bernstein, Whitney) *Modified to correct event on 5/13/2020 (GMP). (Entered: 05/12/2020)
5/12/2020ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7): DENYING Defendants' Motion to Suppress (Docs. 778 , 827 . IT IS FURTHER ORDERED GRANTING IN PART Defendant Michael Lacey's 775 Motion to Suppress, and Defendant James Larkin's 786 Motion to Suppress. The motions are granted only as they relate to the three insufficiently particular categories identified. All evidence obtained from these unconstitutionally specific categories is suppressed. These motions are otherwise DENIED. Signed by Judge Susan M. Brnovich on 5/11/2020.(ESG) (Entered: 05/12/2020)
5/11/2020966MINUTE ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4): setting oral argument as to Defendants' 940 MOTION to Dismiss for 6/19/2020 at 09:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M. Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 05/11/2020)
5/11/2020ORDER granting the United States' 957 Motion to Extend Deadline and extending the deadline for it to respond to Defendants' Motion to Dismiss (Doc. 940 ) to June 5, 2020. Signed by Judge Susan M. Brnovich on 5/11/2020.(ESG) (Entered: 05/11/2020)
5/8/2020RESPONSE in Opposition by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 929 MOTION in Limine to Admit Evidence as Non-Hearsay Statements . (Bernstein, Whitney) (Entered: 05/08/2020)
5/8/2020RESPONSE in Opposition by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 906 MOTION in Limine Re: Davis Wright Tremaine . (Bernstein, Whitney) (Entered: 05/08/2020)
5/8/2020RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 904 Joint MOTION in Limine to Preclude References . (Perlmeter, Margaret) (Entered: 05/08/2020)
5/8/2020RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 908 Joint MOTION in Limine to Preclude Presentation of Certain Evidence . (Perlmeter, Margaret) (Entered: 05/08/2020)
5/8/2020RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 921 Joint MOTION in Limine to Preclude Irrelevant and Non-Percipient Witnesses filed on behalf of all Defendants AMENDED. (Attachments: # 1 Exhibit A)(Rapp, Kevin) (Entered: 05/08/2020)
5/8/2020RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 921 Joint MOTION in Limine to Preclude Irrelevant and Non-Percipient Witnesses filed on behalf of all Defendants . (Rapp, Kevin) (Entered: 05/08/2020)
5/8/2020RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 928 Joint MOTION in Limine to Preclude Expert Testimony . (Rapp, Kevin) (Entered: 05/08/2020)
5/8/2020First MOTION for Extension of Time to File Response/Reply re: 940 MOTION to Dismiss Indictment Defendants' Lacey, Larkin, Brunst, and Spear's Motion to Dismiss Based on Outrageous Government Misconduct Invading Attorney-Client Privilege by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst. (Attachments: # 1 Text of Proposed Order)(Stone, Andrew) (Entered: 05/08/2020)
5/8/2020RESPONSE in Opposition by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst re: 905 MOTION United States' Motion to Preclude Defendants' Noticed Experts . (Neuman, Ariel) (Entered: 05/08/2020)
5/8/2020RESPONSE re: 927 Joint MOTION in Limine to Preclude Evidence regarding Backpage.coms Alleged Reputation on behalf of all Defendants by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Jones, Reginald) (Entered: 05/08/2020)
5/8/2020RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 907 Joint MOTION in Limine to Preclude Presentation of Certain Evidence Related to other Classified Websites, Morality of Adult Classified Ads, and Third-Party Opinions on Legal Issues . (Stone, Andrew) (Entered: 05/08/2020)
5/8/2020RESPONSE in Opposition by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to Michael Lacey re: 920 MOTION in Limine Motion to Admit Evidence of Murders Implicating Backpage . (Attachments: # 1 Exhibit A)(Cambria, Paul) (Entered: 05/08/2020)
5/8/2020RESPONSE re: 909 MOTION in Limine to Preclude Certain Expert Testimony of Quoc Thai by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Stone, Andrew) (Entered: 05/08/2020)
5/6/2020951ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst: The Court is in receipt of a sixth Motion to Dismiss (Doc. 940 ). IT IS ORDERED that a hard copy of the motion be delivered to the Court along with a copy of all cases cited in the motion and that this order apply to any response and reply filed to the motion. ORDERED by Judge Susan M. Brnovich on 5/06/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 05/06/2020)
5/5/2020ORDER granting 943 Motion to Continue Sentencing as to Dan Hyer (5). IT IS FURTHER ORDERED continuing the Sentencing from 7/27/2020 to 1/25/2021 at 03:30 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M. Brnovich. Signed by Judge Susan M. Brnovich on 5/05/2020.(ESG) (Entered: 05/05/2020)
5/4/2020ORDER denying Defendant John Brunst's (4) 746 Motion to Dismiss Indictment on Failure to Allege the Necessary Elements of the Travel Act. Signed by Judge Susan M. Brnovich on 5/04/2020.(ESG) (Entered: 05/04/2020)
5/4/2020Fourth MOTION to Continue Sentencing by USA as to Dan Hyer. (Attachments: # 1 Text of Proposed Order)(Rapp, Kevin) (Entered: 05/04/2020)
5/1/2020 MOTION to Dismiss Indictment Defendants' Lacey, Larkin, Brunst, and Spear's Motion to Dismiss Based on Outrageous Government Misconduct Invading Attorney-Client Privilege by James Larkin. (Attachments: # 1 Affidavit Declaration of Ariel Neuman, # 2 Exhibit 1-16)(Bienert, Thomas) (Entered: 05/01/2020)
5/1/2020ORDER that Defendants' 936 Motion to Extend Time to Respond filed by John Brunst (4) is granted. The Court orders the parties to meet and confer regarding the evidence the government seeks to admit through its motion in limine (Dkt. 931 ) by May 22, 2020. IT IS FURTHER ORDERED granting Defendants an extension of time to file a response and the response will be due June 8, 2020. See attached order for complete details. Signed by Judge Susan M Brnovich on 5/01/2020.(ESG) (Entered: 05/01/2020)
4/29/2020 MOTION to Extend Time to Respond to Government's Motion in Limine to Determine Admissibility of Evidence [Dkt. 931] (Expedited Review Requested) by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst. (Attachments: # 1 Text of Proposed Order)(Panchapakesan, Gopi) (Entered: 04/29/2020)
4/21/2020 MOTION in Limine to Determine Admissibility of Evidence by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(GMP) (Entered: 04/21/2020)
4/21/2020ORDER: Granting 915 Motion for Leave to File Excess Pages. Signed by Judge Susan M Brnovich on 4/20/20.(GMP) (Entered: 04/21/2020)
4/17/2020 MOTION in Limine to Admit Evidence as Non-Hearsay Statements by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rapp, Kevin) (Entered: 04/17/2020)
4/17/2020Joint MOTION in Limine to Preclude Expert Testimony by Scott Spear. (Feder, Bruce) (Entered: 04/17/2020)
4/17/2020Joint MOTION in Limine to Preclude Evidence regarding Backpage.coms Alleged Reputation on behalf of all Defendants by James Larkin. (Bernstein, Whitney) (Entered: 04/17/2020)
4/17/2020 MOTION for Leave to File Non-Electronic Exhibit to United States' Motion to Admit Evidence of Murders Implicating Backpage by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Rapp, Kevin) (Entered: 04/17/2020)
4/17/2020Joint MOTION in Limine to Preclude Irrelevant and Non-Percipient Witnesses filed on behalf of all Defendants by James Larkin. (Bernstein, Whitney) (Entered: 04/17/2020)
4/17/2020 MOTION in Limine Motion to Admit Evidence of Murders Implicating Backpage by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit C, # 2 Exhibit D, # 3 Exhibit E, # 4 Exhibit EE, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M, # 13 Exhibit O, # 14 Exhibit Q, # 15 Exhibit V, # 16 Exhibit W)(Rapp, Kevin) (Entered: 04/17/2020)
4/17/2020 MOTION for Leave to File Non-Electronic Exhibit to United States' Motion In Limine to Determine Admissibility of Evidence by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Jones, Reginald) (Entered: 04/17/2020)
4/17/2020*(filed at doc. 931 ) - LODGED Proposed United States' Motion In Limine to Determine Admissibility of Evidence by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 915 MOTION for Leave to File Excess Pages in Support of Motion In Limine to Determine Admissibility of Evidence. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Jones, Reginald) Modified on 4/21/2020 (GMP). (Entered: 04/17/2020)
4/17/2020 MOTION for Leave to File Excess Pages in Support of Motion In Limine to Determine Admissibility of Evidence by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Jones, Reginald) (Entered: 04/17/2020)
4/17/2020 MOTION in Limine to Preclude Certain Expert Testimony of Quoc Thai by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Neuman, Ariel) (Entered: 04/17/2020)
4/17/2020Joint MOTION in Limine to Preclude Presentation of Certain Evidence by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to Michael Lacey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cambria, Paul) (Entered: 04/17/2020)
4/17/2020Joint MOTION in Limine to Preclude Presentation of Certain Evidence Related to other Classified Websites, Morality of Adult Classified Ads, and Third-Party Opinions on Legal Issues by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to Michael Lacey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Cambria, Paul) (Entered: 04/17/2020)
4/17/2020 MOTION in Limine Re: Davis Wright Tremaine by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew) (Entered: 04/17/2020)
4/17/2020 MOTION United States' Motion to Preclude Defendants' Noticed Experts by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A)(Rapp, Kevin) (Entered: 04/17/2020)
4/17/2020Joint MOTION in Limine to Preclude References by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to Michael Lacey. (Cambria, Paul) (Entered: 04/17/2020)
4/6/2020NOTICE OF ATTORNEY APPEARANCE: Ryan Ellersick appearing for USA . (Ellersick, Ryan) (Entered: 04/06/2020)
3/2/2020ORDER pursuant to the 899 Stipulation to Continue Certain Pre-Trial Deadlines as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught, IT IS ORDERED that the Scheduling Order (Doc. 664 and 893 ) is modified. (see attached pdf for complete details). Final Pretrial Conference set 6/19/2020 is RESET for 7/31/2020 at 03:00 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M. Brnovich. IT IS FURTHER ORDERED affirming the 6/19/2020 at 10:00 a.m. hearing to be used to discuss a jury questionnaire. Signed by Judge Susan M. Brnovich on 03/02/2020.(ESG) (Entered: 03/02/2020)
2/28/2020STIPULATION to Continue Certain Pre-Trial Deadlines by John Brunst. (Attachments: # 1 Text of Proposed Order)(Panchapakesan, Gopi) (Entered: 02/28/2020)
2/21/2020TRANSCRIPT REQUEST by John Brunst for proceedings held on 01/29/2020, Judge Susan M Brnovich hearing judge(s). (Neuman, Ariel) (Entered: 02/21/2020)
2/21/2020ORDER granting the 862 Motion to Continue Trial filed as to James Larkin (2). Jury Trial reset for 8/17/2020 at 09:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. Final Pretrial Conference reset for 6/19/2020 at 10:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M. Brnovich. IT IS FURTHER ORDERED moving the Motion in Limine deadline from 2/28/2020 to 4/17/2020. Order to Continue Trial applies to the following defendants: Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. Signed by Judge Susan M. Brnovich on 2/21/2020. (ESG) (Entered: 02/21/2020)
2/18/2020NOTICE of Compliance by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 879 Order. (Stone, Andrew) (Entered: 02/18/2020)
2/18/2020RESPONSE re: 887 Reply to Brunsts Response to Court Order re Grand Jury Disclosure by John Brunst. (Neuman, Ariel) (Entered: 02/18/2020)
2/14/2020JOINDER to 881 Response by Scott Spear as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Feder, Bruce) (Entered: 02/14/2020)
2/14/2020NOTICE Intent to Offer Business Records Pursuant to Federal Rule of Evidence 902(11) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A)(Stone, Andrew) (Entered: 02/14/2020)
2/14/2020TRANSCRIPT REQUEST Motion Hearing by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 01/29/2020, Judge Susan M Brnovich hearing judge(s). (Rapp, Kevin) (Entered: 02/14/2020)
2/14/2020REPLY re: 881 Response by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin) (Entered: 02/14/2020)
2/14/2020JOINDER to 881 Response by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Cambria, Paul) (Entered: 02/14/2020)
2/14/2020JOINDER to 881 Response by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Bienert, Thomas) (Entered: 02/14/2020)
2/13/2020REPLY TO RESPONSE to Motion by James Larkin re: 862 MOTION to Continue Trial on behalf of all Defendants. (Bienert, Thomas) (Entered: 02/13/2020)
2/12/2020RESPONSE re: 879 Order Re Grand Jury Disclosure by John Brunst. (Neuman, Ariel) (Entered: 02/12/2020)
2/11/2020RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 862 MOTION to Continue Trial . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rapp, Kevin) (Entered: 02/11/2020)
2/11/2020ORDER as to Michael Lacey, et al; directing the Government to disclose, for in camera review, any and all grand jury instructions relating to "the Travel Act," 18 U.S.C. § 1952 by no later than February 18, 2020. Disclosure shall include initial instructions on the Travel Act charges set forth in the Superseding Indictment and any later clarification, if such clarification was given. Signed by Judge Susan M. Brnovich on 02/11/2020.(ESG) (Entered: 02/11/2020)
2/10/2020ORDER denying 784 Motion to Sever Defendant as to Joye Vaught (7). Signed by Judge Susan M Brnovich on 2/10/2020.(TCA) (Entered: 02/10/2020)
2/7/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENT - MOTION TO DISMISS proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 01/29/2020, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/28/2020. Redacted Transcript Deadline set for 3/9/2020. Release of Transcript Restriction set for 5/7/2020. (RAP) (Entered: 02/21/2020)
2/7/2020 Proposed Voir Dire (Proposed Jury Questionnaire) by John Brunst as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A)(Panchapakesan, Gopi) Modified text on 2/10/2020 (SLQ). (Entered: 02/07/2020)
2/7/2020 Proposed Voir Dire (Submission of Jury Questionnaire) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A)(Rapp, Kevin) Modified text on 2/7/2020 (SLQ). (Entered: 02/07/2020)
2/6/2020ORDER denying 781 Motion for Bill of Particulars as to Scott Spear (3). Signed by Judge Susan M Brnovich on 2/6/2020.(TCA) (Entered: 02/06/2020)
2/5/2020ORDER granting 868 Motion to Extend Time for All Parties to File Motions in Limine from the Current Deadline of February 7, 2020 until February 28, 2020 as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). Signed by Judge Susan M Brnovich on 2/5/20. (MAP) (Entered: 02/05/2020)
1/31/2020TRANSCRIPT REQUEST by James Larkin for proceedings held on January 29, 2020, Judge Susan M Brnovich hearing judge(s). (Bienert, Thomas) (Entered: 01/31/2020)
1/29/2020863MINUTE ENTRY for proceedings held before Judge Susan M Brnovich: Motion Hearing as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 1/29/2020. ORDERED taking under advisement 746 Motion to Dismiss. Court will issue an order.

Appearances: AUSA Peter Kozinets, Kevin Rapp,Margaret Perlmeter, Andrew Stone for the Government, CJA Attorney David Eisenberg for defendant Andrew Padilla not present/released/waived; CJA Attorney David Eisenberg for Joy Bertrand for defendant Joye Vaught not present/released/waived; Retained attorneys Paul Cambria for defendant Michael Lacey present/released, Thomas Bienert Jr. for defendant James Larkin not present/released/waived; Bruce Feder for defendant Scott Spear present/released, Ariel Neuman for defendant John Brunst present/released. (Court Reporter Christine Coaly.) Hearing held 11:01 AM to 12:06 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 01/29/2020)
1/28/2020 MOTION to Continue Trial by James Larkin. (Attachments: # 1 Text of Proposed Order)(Bienert, Thomas) (Entered: 01/28/2020)
1/28/2020REPLY TO RESPONSE to Motion by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 827 MOTION to Suppress as to Michael Lacey, James Larkin, Scott Spear, Joye Vaught, Andrew Padilla . (Attachments: # 1 Exhibit A)(Cambria, Paul) (Entered: 01/28/2020)
1/28/2020*NOTICE of Waiver of Personal Appearance by James Larkin. (Bernstein, Whitney) *Modified to correct event; attorney noticed on 1/28/2020 (SLQ). (Entered: 01/28/2020)
1/27/2020ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 746 MOTION to Dismiss Indictment Based on Failure to Allege Necessary Elements of The Travel Act filed by John Brunst. Signed by Judge Susan M Brnovich on 1/27/2020.(TCA) (Entered: 01/27/2020)
1/22/2020852MINUTE ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 746 MOTION to Dismiss Indictment Based on Failure to Allege Necessary Elements of The Travel Act. Motion Hearing reset upon agreement of the parties for 1/29/2020 at 11:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 01/22/2020)
1/21/2020RESPONSE in Opposition by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 827 MOTION to Suppress as to Michael Lacey, James Larkin, Scott Spear, Joye Vaught, Andrew Padilla . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Perlmeter, Margaret) (Entered: 01/21/2020)
1/16/2020850MINUTE ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 746 MOTION to Dismiss Indictment Based on Failure to Allege Necessary Elements of The Travel Act. Motion Hearing is set for 2/3/2020 at 10:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 01/16/2020)
1/10/2020845ORDER: The Court has read and considered James Larkin's Weekly Update (Doc. 836 ). Given the schedule of doctor visits outlined in the update, IT IS ORDERED modifying the Court's previous order requiring weekly updates. Mr. Larkin does not have to provide weekly updates but shall provide an update after each doctor appointment. ORDERED by Judge Susan M. Brnovich This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) Modified to add document linkage on 1/13/2020 (RMV). (Entered: 01/10/2020)
1/9/2020ORDER as to all defendants - IT IS ORDERED DENYING Defendants' Joint Motion to Dismiss Indictment for Grand Jury Abuse or, in the Alternative, for Disclosure of Grand Jury Transcripts (Doc. 782 ). IT IS FURTHER ORDERED GRANTING Defendants' Motion to File Under Seal, as it relates to sealing the Joint Motion to Dismiss Indictment for Grand Jury Abuse or, in the Alternative for Disclosure of Grand Jury Transcripts. Signed by Judge Susan M Brnovich on 1/9/20.(SLQ) (Entered: 01/09/2020)
1/9/2020TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on December 2, 2019, Judge Susan M Brnovich hearing judge(s). (Rapp, Kevin) (Entered: 01/09/2020)
1/9/2020ORDER denying as moot 785 Motion to Strike Surplusage as to Joye Vaught (7). Signed by Judge Susan M Brnovich on 1/9/2020.(TCA) (Entered: 01/09/2020)
1/9/2020ORDER granting the United States motion and extending the response deadline for Defendants Motion to Suppress (Doc. 827) to January 21, 2020. Signed by Judge Susan M Brnovich on 1/9/2020.(TCA) (Entered: 01/09/2020)
1/8/2020ORDER: Defendants Motion to Dismiss Indictment Based on Section 23 of the Communications Decency Act or, Alternatively, as Void for Vagueness (Doc. 783)DENIED. Signed by Judge Susan M Brnovich on 1/7/2020.(TCA) (Entered: 01/08/2020)
1/7/2020ORDER denying 643 Motion to Compel as to defendants. Signed by Judge Susan M Brnovich on 1/7/2020.(TCA) (Entered: 01/07/2020)
1/6/2020JOINDER by John Brunst as to John Brunst.. (Panchapakesan, Gopi) (Entered: 01/06/2020)
1/3/2020 MOTION for Extension of Time to File Response/Reply re: 827 MOTION to Suppress as to Michael Lacey, James Larkin, Scott Spear, Joye Vaught, Andrew Padilla by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Perlmeter, Margaret) (Entered: 01/03/2020)
12/31/2019ORDER: Granting 829 Motion to Modify Conditions of Release as to James Larkin (2). IT IS FURTHER ORDERED that Defendant James Larkin must telephonically report to his pretrial services officer, PSO Justin Lauby, daily until his circumstances change as explained above; IT IS FURTHER ORDERED that Defendant James Larkin file a weekly update as to the status of his injury and progress in scheduling surgery. The first to be filed no later than January 6, 2020. Signed by Judge Susan M Brnovich on 12/31/19.(GMP) (Entered: 12/31/2019)
12/23/2019REPLY TO RESPONSE to Motion by Joye Vaught re: 792 MOTION for Extension of Time to File Response/Reply re: 782 Joint MOTION to Dismiss Indictment for Grand Jury Abuse or, in the Alternative, for Disclosure of Grand Jury Transcripts, 783 Joint MOTION to Dismiss Indictment Based on Se RE: Motion to Sever. (Bertrand, Joy) (Entered: 12/23/2019)
12/23/2019REPLY TO RESPONSE to Motion by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 783 Joint MOTION to Dismiss Indictment Based on Section 230 of the Communications Decency Act, or Alternatively, As Void for Vaugeness . (Attachments: # 1 Exhibit A)(Bienert, Thomas) (Entered: 12/23/2019)
12/23/2019REPLY TO RESPONSE to Motion by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 778 MOTION to Suppress . (Cambria, Paul) (Entered: 12/23/2019)
12/23/2019 MOTION to Suppress as to Michael Lacey, James Larkin, Scott Spear, Joye Vaught, Andrew Padilla by Michael Lacey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cambria, Paul) (Entered: 12/23/2019)
12/23/2019REPLY TO RESPONSE to Motion by John Brunst as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 782 Joint MOTION to Dismiss Indictment for Grand Jury Abuse or, in the Alternative, for Disclosure of Grand Jury Transcripts . (Neuman, Ariel) (Entered: 12/23/2019)
12/23/2019REPLY TO RESPONSE to Motion by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 777 First MOTION to Compel Production of Brady Material . (Cambria, Paul) (Entered: 12/23/2019)
12/23/2019REPLY TO RESPONSE to Motion by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 786 First MOTION to Suppress , 775 First MOTION to Suppress . (Attachments: # 1 Exhibit A)(Cambria, Paul) (Entered: 12/23/2019)
12/23/2019REPLY TO RESPONSE to Motion by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 785 MOTION to Strike Surplusage . (Cambria, Paul) (Entered: 12/23/2019)
12/17/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT of CONTINUED EVIDENTIARY HEARING ON MOTION TO COMPEL (Pages 445 - 516) proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 12/02/2019, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/7/2020. Redacted Transcript Deadline set for 1/17/2020. Release of Transcript Restriction set for 3/16/2020. (RAP) (Entered: 12/27/2019)
12/16/2019822ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: The deadlines for the jury questionnaire and screening for length of trial is moved to February 7, 2020-over objection of the government. ORDERED by Judge Susan M. Brnovich This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 12/16/2019)
12/16/2019821NOTICE TO FILER OF DEFICIENCY re: 820 Bill of Particulars filed by USA. Document not in compliance with LRCrim 12.1(a) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GMP) (Entered: 12/16/2019)
12/13/2019BILL OF PARTICULARS by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Kucera, John) (Entered: 12/13/2019)
12/11/2019TRANSCRIPT REQUEST by Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on December 2, 2019, Judge Susan M Brnovich hearing judge(s). (Bernstein, Whitney) (Entered: 12/11/2019)
12/2/2019EXHIBIT LIST by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (TCA) (Entered: 12/02/2019)
12/2/2019EXHIBIT LIST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (TCA) (Entered: 12/02/2019)
12/2/2019MINUTE ENTRY for proceedings held before Judge Susan M Brnovich: DAY 3 Evidentiary Hearing as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 12/2/2019. ORDERED taking under advisement 643 Motion to Compel as to James Larkin (2). Motions in limine due by 2/7/2020. (Court Reporter Christine Coaly.) Hearing held 8:35 AM to 10:02 AM.(TCA) (Entered: 12/02/2019)
11/27/2019NOTICE of Filing Declaration by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Affidavit Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Stone, Andrew) (Entered: 11/27/2019)
11/27/2019*RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 782 Joint MOTION to Dismiss Indictment for Grand Jury Abuse or, in the Alternative, for Disclosure of Grand Jury Transcripts (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Rapp, Kevin) *Modified to correct document link on 1/7/2020 (SLQ). (Entered: 11/27/2019)
11/27/2019RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 786 First MOTION to Suppress , 775 First MOTION to Suppress , 778 MOTION to Suppress . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Perlmeter, Margaret) (Entered: 11/27/2019)
11/27/2019RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 777 First MOTION to Compel Production of Brady Material . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Jones, Reginald) (Entered: 11/27/2019)
11/27/2019RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 783 Joint MOTION to Dismiss Indictment Based on Section 230 of the Communications Decency Act, or Alternatively, As Void for Vaugeness . (Kozinets, Peter) (Entered: 11/27/2019)
11/27/2019RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 784 MOTION to Sever Defendant . (Stone, Andrew) (Entered: 11/27/2019)
11/27/2019RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 781 MOTION for Bill of Particulars . (Attachments: # 1 Exhibit A)(Stone, Andrew) (Entered: 11/27/2019)
11/27/2019RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 785 MOTION to Strike Surplusage . (Stone, Andrew) (Entered: 11/27/2019)
11/26/2019RESPONSE re: 759 Pretrial Memorandum Defendants' Response to the United States' Pre-Hearing Memorandum Regarding Defendants' Motion to Compel and Supplemental Authorities by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Bienert, Thomas) (Entered: 11/26/2019)
11/22/2019ORDER granting the United States motion and extending the deadline for it to file responses to Defendants substantive motions (docs. 775, 777, 778, 781, 782, 783, 784, 785, and 786) to November 27, 2019.Defendants to file their replies in support of the same motions to December 23, 2019. Signed by Judge Susan M Brnovich on 11/22/2019.(TCA) (Entered: 11/22/2019)
11/21/2019 MOTION for Extension of Time to File Response/Reply re: 782 Joint MOTION to Dismiss Indictment for Grand Jury Abuse or, in the Alternative, for Disclosure of Grand Jury Transcripts, 785 MOTION to Strike Surplusage, 775 First MOTION to Suppress , 777 First MOTION to Compel Production of Brady Material, 784 MOTION to Sever Defendant , 781 MOTION for Bill of Particulars , 778 MOTION to Suppress doc. 783, and doc. 784 by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Stone, Andrew) (Entered: 11/21/2019)
11/13/2019ORDER denying 740 Motion to Compel filed by John Brunst and joined by defendants Spear, Larkin, Padilla and Lacey. Signed by Judge Susan M Brnovich on 11/13/2019.(TCA) (Entered: 11/13/2019)
11/11/2019*NOTICE OF ERRATA re: 778 MOTION to Suppress by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit Ex E, # 2 Exhibit Ex F)(McCampbell, Erin) *Modified to add correct link on 11/12/2019 (SST). (Entered: 11/11/2019)
11/1/2019TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on October 25, 2019, Magistrate Judge Michelle H Burns hearing judge(s). (Rapp, Kevin) (Entered: 11/01/2019)
10/30/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT of CONTINUED EVIDENTIARY HEARING ON MOTION TO COMPEL (Pages 266 - 444) proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/25/2019, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/20/2019. Redacted Transcript Deadline set for 12/2/2019. Release of Transcript Restriction set for 1/28/2020. (RAP) (Entered: 11/08/2019)
10/30/2019*REPLY TO RESPONSE to Motion by John Brunst re: 746 MOTION to Dismiss Indictment Based on Failure to Allege Necessary Elements of The Travel Act . (Neuman, Ariel) *Modified to reflect correct event; attorney noticed on 10/31/2019 (SST). (Entered: 10/30/2019)
10/28/2019TRANSCRIPT REQUEST by James Larkin for proceedings held on October 25, 2019, Judge Susan M Brnovich hearing judge(s). (Bernstein, Whitney) (Entered: 10/28/2019)
10/25/2019*MINUTE ENTRY for proceedings held before Senior Judge Susan M. Brnovich: Motion Hearing as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/25/2019. Re: 643 First MOTION to Compel Discovery on Behalf of All Defendants filed by James Larkin.Motion Hearing continues on 12/2/2019 at 08:30 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. (Court Reporter Christine Coaly.) Hearing held 1:00 PM to 5:18 PM.(TCA) *Modified to correct hearing judge on 10/29/2019 (CEI). (Entered: 10/28/2019)
10/25/2019ORDER granting 792 United States motion and extending the deadline for it to file responses to Defendants substantive motions (docs. 775, 777, 778, 781, 782, 783, 784, 785, and 786) to November 22, 2019. Defendants to file their replies in support of the same motions to December 16, 2019. Signed by Judge Susan M Brnovich on 10/25/2019.(TCA) (Entered: 10/25/2019)
10/25/2019JOINDER to 785 MOTION to Strike Surplusage by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A)(Cambria, Paul) (Entered: 10/25/2019)
10/24/2019ORDER denying 561 Motion to Dismiss Defendants Lacey, Larkin, Spear, Brunst, Padilla and Vaught. Signed by Judge Susan M Brnovich on 10/24/2019.(TCA) (Entered: 10/24/2019)
10/23/2019 MOTION for Extension of Time to File Response/Reply re: 782 Joint MOTION to Dismiss Indictment for Grand Jury Abuse or, in the Alternative, for Disclosure of Grand Jury Transcripts, 783 Joint MOTION to Dismiss Indictment Based on Section 230 of the Communications Decency Act, or Alternatively, As Void for Vaugeness, 787 Notice (Other), 785 MOTION to Strike Surplusage, 775 First MOTION to Suppress , 788 Additional Attachments to Main Document, 777 First MOTION to Compel Production of Brady Material, 786 First MOTION to Suppress , 784 MOTION to Sever Defendant , 776 Response to Motion, 781 MOTION for Bill of Particulars , 778 MOTION to Suppress by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Stone, Andrew) (Entered: 10/23/2019)
10/22/2019JOINDER to 781 MOTION for Bill of Particulars by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Cambria, Paul) (Entered: 10/22/2019)
10/21/2019JOINDER to 781 MOTION for Bill of Particulars by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Bernstein, Whitney) (Entered: 10/21/2019)
10/20/2019Additional Attachments to Main Document re: 781 MOTION for Bill of Particulars - Proposed Form of Order by Scott Spear. (Feder, Bruce) (Entered: 10/20/2019)
10/19/2019*JOINDER to 746 MOTION to Dismiss Indictment Based on Failure to Allege Necessary Elements of The Travel Act by Joye Vaught. (Bertrand, Joy) *Modified to correct event; attorney noticed on 10/21/2019 (SST). (Entered: 10/19/2019)
10/18/2019First MOTION to Suppress by James Larkin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Bernstein, Whitney) (Entered: 10/18/2019)
10/18/2019 MOTION to Strike Surplusage by Joye Vaught. (Bertrand, Joy) (Entered: 10/18/2019)
10/18/2019 MOTION to Sever Defendant by Joye Vaught. (Bertrand, Joy) (Entered: 10/18/2019)
10/18/2019Joint MOTION to Dismiss Indictment Based on Section 230 of the Communications Decency Act, or Alternatively, As Void for Vaugeness by James Larkin. (Attachments: # 1 Exhibit A)(Bienert, Thomas) (Entered: 10/18/2019)
10/18/2019Joint MOTION to Dismiss Indictment for Grand Jury Abuse or, in the Alternative, for Disclosure of Grand Jury Transcripts by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to John Brunst. (Attachments: # 1 Exhibit 1 through 5, # 2 Exhibit 6 through 7, # 3 Exhibit 8 through 19)(Neuman, Ariel) (Entered: 10/18/2019)
10/18/2019 MOTION for Bill of Particulars by Scott Spear. (Feder, Bruce) (Entered: 10/18/2019)
10/18/2019 MOTION to Suppress by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to Michael Lacey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cambria, Paul) (Entered: 10/18/2019)
10/18/2019First MOTION to Compel Production of Brady Material by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to Michael Lacey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cambria, Paul) (Entered: 10/18/2019)
10/18/2019RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 746 MOTION to Dismiss Indictment Based on Failure to Allege Necessary Elements of The Travel Act . (Kozinets, Peter) (Entered: 10/18/2019)
10/18/2019First MOTION to Suppress by Michael Lacey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Cambria, Paul) (Entered: 10/18/2019)
10/16/2019772ORDER: Pursuant to the Notice of Withdrawal of Subpoena to Carl Ferrer [Doc. 758], IT IS ORDERED deeming the Motion to Quash [Doc. 739] moot. Ordered by Judge Susan M Brnovich. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)(TCA) (Entered: 10/16/2019)
10/15/2019*Reply to 767 Response re: 740 MOTION to Compel Government Compliance With Courts Order For Specific Identification Of Documents Subject To Protective Order . (Attachments: # 1 Exhibit A and B)(Neuman, Ariel) *Modified on 10/16/2019 to correct event type (MSA). (Entered: 10/15/2019)
10/11/2019ORDER granting 766 Motion for Extension of Time Defendant John Brunsts reply in support of his Motion to Dismiss Indictment (Dkt. 746) shall be due on October 30, 2019. Signed by Judge Susan M Brnovich on 10/11/2019.(TCA) (Entered: 10/11/2019)
10/11/2019ORDER granting 765 Motion and extending the deadline to respond to Defendant Brunsts Motion to Dismiss Indictment (Doc. 746) to October 18, 2019.Signed by Judge Susan M Brnovich on 10/11/2019.(TCA) (Entered: 10/11/2019)
10/10/2019ORDER denying 531 Motion for Discovery as to Scott Spear (3). Signed by Judge Susan M Brnovich on 10/10/2019.(TCA) (Entered: 10/10/2019)
10/8/2019RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 740 MOTION to Compel Government Compliance With Courts Order For Specific Identification Of Documents Subject To Protective Order . (Attachments: # 1 Exhibit A)(Rapp, Kevin) (Entered: 10/08/2019)
10/8/2019 MOTION for Extension of Time to File Response/Reply re: 746 MOTION to Dismiss Indictment Based on Failure to Allege Necessary Elements of The Travel Act by John Brunst. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Neuman, Ariel) (Entered: 10/08/2019)
10/7/2019 MOTION to Extend Time Response , MOTION for Extension of Time to File Response/Reply re: 746 MOTION to Dismiss Indictment Based on Failure to Allege Necessary Elements of The Travel Act by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Kozinets, Peter) (Entered: 10/07/2019)
10/5/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT of EVIDENTIARY HEARING ON MOTION TO COMPEL proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/03/2019, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2019. Redacted Transcript Deadline set for 11/5/2019. Release of Transcript Restriction set for 1/3/2020. (RAP) (Entered: 10/21/2019)
10/4/2019TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 10/3/19, Judge Susan M Brnovich hearing judge(s). (Rapp, Kevin) (Entered: 10/04/2019)
10/4/2019TRANSCRIPT REQUEST by John Brunst for proceedings held on October 3, 2019, Judge Susan M Brnovich hearing judge(s). (Neuman, Ariel) (Entered: 10/04/2019)
10/3/2019MINUTE ENTRY for proceedings held before Judge Susan M Brnovich: Motion Hearing as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/3/2019 Re: 643 First MOTION to Compel Discovery on Behalf of All Defendants filed by James Larkin.Motion Hearing continues on 10/25/2019 at 01:00 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. (Court Reporter Christine Coaly.) Hearing held 9:19 AM to 5:03 PM.(TCA) (Entered: 10/03/2019)
10/2/2019NOTICE OF ERRATA re: 759 Pretrial Memorandum by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught.. (Rapp, Kevin) (Entered: 10/02/2019)
10/2/2019PRETRIAL MEMORANDUM Pre-Hearing Memorandum by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin) *Modified filer on 10/2/2019 (SLQ). (Entered: 10/02/2019)
10/1/2019NOTICE of Withdrawal of Subpoena to Carl Ferrer by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Bernstein, Whitney) (Entered: 10/01/2019)
10/1/2019JOINDER to 746 MOTION to Dismiss Indictment Based on Failure to Allege Necessary Elements of The Travel Act by Scott Spear as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Feder, Bruce) (Entered: 10/01/2019)
9/30/2019*REPLY in Support of Motion by Carl Ferrer as to James Larkin re: 739 First MOTION to Quash Subpoena . (Attachments: # 1 Declaration of Mark Castillo In Support of Reply In Support of Motion to Quash Subpoena)(Baum, Jonathan) *Modified to reflect correct event; attorney noticed on 10/1/2019 (SST). (Entered: 09/30/2019)
9/30/2019JOINDER by Andrew Padilla. (Eisenberg, David) (Entered: 09/30/2019)
9/30/2019JOINDER to 746 MOTION to Dismiss Indictment Based on Failure to Allege Necessary Elements of The Travel Act by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Bernstein, Whitney) (Entered: 09/30/2019)
9/30/2019RESPONSE in Opposition by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 739 First MOTION to Quash Subpoena . (Attachments: # 1 Exhibit A-M)(Bernstein, Whitney) (Entered: 09/30/2019)
9/30/2019JOINDER to 746 MOTION to Dismiss Indictment Based on Failure to Allege Necessary Elements of The Travel Act by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Cambria, Paul) (Entered: 09/30/2019)
9/27/2019JOINDER by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Cambria, Paul) (Entered: 09/27/2019)
9/27/2019 MOTION to Dismiss Indictment Based on Failure to Allege Necessary Elements of The Travel Act by John Brunst. (Neuman, Ariel) (Entered: 09/27/2019)
9/26/2019*JOINDER to 740 MOTION to Compel by Andrew Padilla. (Eisenberg, David) *Modified to add correct link on 9/27/2019 (SST). (Entered: 09/26/2019)
9/26/2019JOINDER to 740 MOTION to Compel Government Compliance With Courts Order For Specific Identification Of Documents Subject To Protective Order by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bernstein, Whitney) (Entered: 09/26/2019)
9/26/2019742ORDER: The Court has received the Motion to Quash Subpoena Served by Defendant James Larkin on Carl Ferrer. IT IS ORDERED that Defendant Larkin file his response no later than 5:00 p.m. on September 27, 2019 and Counsel for Carl Ferrer may file a reply no later than 5:00 p.m. on September 30, 2019. ORDERED by Judge Susan M. Brnovich This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 09/26/2019)
9/25/2019JOINDER to 740 MOTION to Compel Government Compliance With Courts Order For Specific Identification Of Documents Subject To Protective Order by Scott Spear as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Feder, Bruce) (Entered: 09/25/2019)
9/24/2019 MOTION to Compel Government Compliance With Courts Order For Specific Identification Of Documents Subject To Protective Order by John Brunst. (Attachments: # 1 Exhibit A through E, # 2 Text of Proposed Order)(Neuman, Ariel) (Entered: 09/24/2019)
9/23/2019First MOTION to Quash Subpoena by Carl Ferrer as to James Larkin. (Attachments: # 1 Declaration of Chris Kempel in Support of Motion to Quash Subpoena, # 2 Declaration of Jonathan Baum in Support of Motion to Quash Subpoena, # 3 Proposed Order)(Baum, Jonathan) (Entered: 09/23/2019)
9/20/2019Remark: Pro hac vice motion(s) granted for Shaneeda Jaffer, Jonathan Baum, Nanci Clarence on behalf of Movant Carl Ferrer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 09/20/2019)
9/17/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTIONS HEARING proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 09/13/2019, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/8/2019. Redacted Transcript Deadline set for 10/18/2019. Release of Transcript Restriction set for 12/16/2019. (RAP) (Entered: 10/02/2019)
9/17/2019TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on September 13, 2019, Judge Susan M Brnovich hearing judge(s). (Rapp, Kevin) (Entered: 09/17/2019)
9/16/2019TRANSCRIPT REQUEST by James Larkin for proceedings held on 9-13-2019, Judge Susan M Brnovich hearing judge(s). (Bernstein, Whitney) (Entered: 09/16/2019)
9/13/2019MINUTE ENTRY for proceedings held before Judge Susan M Brnovich: Motion Hearing as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/13/2019. ORDERED taking under advisement 531 Motion for Discovery as to Scott Spear (3). 643 First MOTION to Compel Discovery on Behalf of All Defendants filed by James Larkin, An evidentiary hearing is set for 10/3/2019 at 09:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. (Court Reporter Christine Coaly.) Hearing held 11:00 AM to 12:10 PM.(TCA) (Entered: 09/16/2019)
9/13/2019NOTICE of Attorney Withdrawal as to attorney Erik Herron as to Michael Lacey, James Larkin, Scott Spear, John Brunst. (Nathanson, Paul) (Entered: 09/13/2019)
9/5/2019TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on August 19, 2019, Judge Susan M Brnovich hearing judge(s). (Rapp, Kevin) (Entered: 09/05/2019)
9/3/2019NOTICE of Compliance by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin) (Entered: 09/03/2019)
8/27/2019NOTICE OF REQUEST FOR E-NOTICES by Dimitra H. Sampson. (Sampson, Dimitra) (Entered: 08/27/2019)
8/26/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTIONS HEARING proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 08/19/2019, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/16/2019. Redacted Transcript Deadline set for 9/26/2019. Release of Transcript Restriction set for 11/25/2019. (RAP) (Entered: 08/28/2019)
8/26/2019*MODIFIED by Doc. 1056 ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: The order applies to all Jencks Act materials, not just those disclosed on August 20, 2019; The restrictions as to previously produced Jencks Act materials applies on a going-forward basis; This order does not apply to the government;The government shall provide a list of Jencks Act material disclosed and that it considers to be part of this order by September 3, 2019. The Court will not order disclosure of bates numbers because defense counsel stated that the materials were disclosed without bates numbers. The Government list should include enough identifying information so defense counsel can locate and separate the materials subject to Doc. 730. Signed by Judge Susan M Brnovich on 8/26/2019.(TCA) Modified on 9/9/2020 (ESG). (Entered: 08/26/2019)
8/26/2019Remark: Pro hac vice motion(s) granted for Whitney Z Bernstein on behalf of Defendant James Larkin. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 08/26/2019)
8/23/2019NOTICE OF REQUEST FOR E-NOTICES by James R Knapp. (Knapp, James) (Entered: 08/23/2019)
8/23/2019***Remark as to out of state counsel Whitney Bernstein notified of admission requirements; deadline to respond 09062019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 08/23/2019)
8/20/2019ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Any Jencks Act information not previously disclosed will be disclosed by 5:00 p.m. on August 20, 2019. Signed by Judge Susan M Brnovich on 8/20/2019. ( see order for details)(TCA) (Entered: 08/20/2019)
8/19/2019AMENDED MINUTE ENTRY: Amending Doc. 728 MINUTE ENTRY for proceedings held before Judge Susan M Brnovich: Motion Hearing as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 8/19/2019. Motion for Sanctions Denied. ORDERED taking under advisement 561 Motion to Dismiss Defendant as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4); denying Motion for Sanctions as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7); granting in part and denying in part 665 Motion to Compel as to James Larkin (2); granting in part and denying in part 662 Motion to Compel as to John Brunst (4). (Court Reporter Christine Coaly.) Hearing held 9:08 AM to 11:49 AM.(TCA)

Reason for Amendment: to correct a deadline.(TCA) Modified on 8/20/2019 (TCA). (Entered: 08/20/2019)
8/19/2019**AMENDED BY DOC. 729*MINUTE ENTRY for proceedings held before Judge Susan M Brnovich: Motion Hearing as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 8/19/2019. Motion for Sanctions Denied. ORDERED taking under advisement 561 Motion to Dismiss Defendant as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4); denying Motion for Sanctions as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7); granting in part and denying in part 665 Motion to Compel as to James Larkin (2); granting in part and denying in part 662 Motion to Compel as to John Brunst (4). (Court Reporter Christine Coaly.) Hearing held 9:08 AM to 11:49 AM.(TCA) Modified on 8/20/2019 (TCA). Modified on 8/20/2019 (TCA). (Entered: 08/19/2019)
8/19/2019TRANSCRIPT REQUEST by James Larkin for proceedings held on 8-19-2019, Judge Susan M Brnovich hearing judge(s). (Bernstein, Whitney) (Entered: 08/19/2019)
8/15/2019NOTICE of Waiver of Presence by Andrew Padilla. (Eisenberg, David) (Entered: 08/15/2019)
8/14/2019JOINDER to 700 Reply to Response by Scott Spear as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Feder, Bruce) (Entered: 08/14/2019)
8/14/2019722As Defendants Michael Lacey, James Larkin's Motion to Compel Compliance [Doc. 665] and Defendant John Brunst's Motion to Compel [Doc. 662] are related to the Motions for Sanctions [Doc. 679], IT IS ORDERED setting the above mentioned motions to compel for oral argument on August 19, 2019 at 10:00 a.m. Ordered by Judge Susan M Brnovich.(TCA)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (Entered: 08/14/2019)
8/5/2019REPLY TO RESPONSE to Motion by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 643 First MOTION to Compel Discovery on Behalf of All Defendants . (Attachments: # 1 Exhibit A)(Bernstein, Whitney) (Entered: 08/05/2019)
7/30/2019*AMENDED TRANSCRIPT REQUEST, pursuant to Notice of Deficiency 713 , by Michael Lacey for proceedings held on 04-13-2018, Magistrate Judge Bridget S Bade hearing judge(s). (McCampbell, Erin) *Modified to reference amended version on 7/30/2019 (RAP). (Entered: 07/30/2019)
7/29/2019NOTICE by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Jones, Reginald) (Entered: 07/29/2019)
7/29/2019713NOTICE TO FILER OF DEFICIENCY re: AO435 712 Transcript Request filed by Michael Lacey. 1) Item 17 - TRANSCRIPT REQUESTED: No portions or dates of proceedings specified. 2) Document not in compliance with LRCiv 5.5(g) ELECTRONIC FILING - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. FOLLOW-UP ACTION REQUIRED: 1) Please refile with portions and dates of proceedings in Item 17. 2) Please refile with sections 1 & 19 matching the name of the ECF registered user under whose log-in and password the document will be re-submitted under. Deficiencies must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 07/29/2019)
7/29/2019TRANSCRIPT REQUEST by Michael Lacey for proceedings held on 4/13/2018, Magistrate Judge Bridget S Bade hearing judge(s). (McCampbell, Erin) (Entered: 07/29/2019)
7/26/2019REPLY TO RESPONSE to Motion by James Larkin as to Michael Lacey, James Larkin re: 665 First MOTION to Compel Compliance and Order to Show Cause Regarding the Government's Violation of the Court's Scheduling Order on behalf of Mr. Larkin and Mr. Lacey . (Bernstein, Whitney) (Entered: 07/26/2019)
7/26/2019REPLY re: 662 MOTION to Compel Granting Defendant John Brunst's Motion to Compel Government Compliance With Court's April 22, 2019 Order to Produce Jencks Act Material For Witness Carl Ferrer by John Brunst. (Neuman, Ariel) (Entered: 07/26/2019)
7/24/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE: DISCOVERY proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 06/24/2019, before Judge SUSAN M. BRNOVICH. [Court Reporter: Charlotte A. Powers, RMR, FCRR, CRR, CSR, CMRS, Telephone number (602) 322-7250]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/14/2019. Redacted Transcript Deadline set for 8/26/2019. Release of Transcript Restriction set for 10/22/2019. (RAP) (Entered: 08/02/2019)
7/23/2019TRANSCRIPT REQUEST by John Brunst for proceedings held on June 24, 2019, Judge Susan M Brnovich hearing judge(s). (Neuman, Ariel) (Entered: 07/23/2019)
7/17/2019REPLY TO RESPONSE to Motion by John Brunst re: 561 MOTION to Dismiss Indictment . (Neuman, Ariel) (Entered: 07/17/2019)
7/17/2019REPLY TO RESPONSE to Motion by Michael Lacey, James Larkin, Scott Spear as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 561 MOTION to Dismiss Indictment . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Corn-Revere, Robert) (Entered: 07/17/2019)
7/15/2019RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 643 First MOTION to Compel Discovery on Behalf of All Defendants . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Jones, Reginald) (Entered: 07/15/2019)
7/12/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT of DETENTION HEARING proceedings as to Michael Lacey held on 04/13/2018, before Magistrate Judge BRIDGET S. BADE. [Transcriber: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/2/2019. Redacted Transcript Deadline set for 8/12/2019. Release of Transcript Restriction set for 10/10/2019. (RAP) (Entered: 07/26/2019)
7/12/2019ORDER granting 675 Motion of United States and extendingthe deadline for it to Response to Defendants (docs. 662, 665, and 672) to July 19, 2019. Signed by Judge Susan M Brnovich on 7/12/2019.(TCA) (Entered: 07/12/2019)
7/12/2019JOINDER to 677 Response in Opposition by Scott Spear as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Feder, Bruce) (Entered: 07/12/2019)
7/12/2019JOINDER to 665 First MOTION to Compel Compliance and Order to Show Cause Regarding the Government's Violation of the Court's Scheduling Order on behalf of Mr. Larkin and Mr. Lacey by Scott Spear as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Feder, Bruce) (Entered: 07/12/2019)
7/11/2019***Remark as to out of state attorney Tassity Johnson removed for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 07/11/2019)
7/11/2019*ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught - Setting Motion Hearing Re: 679 Motion for Sanctions, Protective Order and Notice of Jencks Act Disclosures filed by USA on 8/19/2019 at 09:00AM before Judge Susan M Brnovich. Signed by Judge Susan M Brnovich on 7/11/19. (MAP) *Modified to correct as to defendants on 7/12/2019 (MAP). (Entered: 07/11/2019)
7/11/2019TRANSCRIPT REQUEST by USA as to *Michael Lacey for proceedings held on 4/13/2018, Judge Susan M Brnovich, Judge Steven P Logan hearing judge(s). (Rapp, Kevin) *Modified to correct applicable party on 7/11/2019 (RAP). (Entered: 07/11/2019)
7/10/2019JOINDER to 677 Response in Opposition by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Bernstein, Whitney) (Entered: 07/10/2019)
7/9/2019680NOTICE TO FILER OF DEFICIENCY re: 677 Response in Opposition filed by John Brunst. Document not in compliance with LRCrim 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Ariel Neuman but submitted using the log-in and password belonging to attorney Gopi Panchapakesan. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) (Entered: 07/10/2019)
7/9/2019RESPONSE in Opposition by John Brunst re: 675 MOTION for Extension of Time to File Response/Reply . (Panchapakesan, Gopi) (Entered: 07/09/2019)
7/9/2019RESPONSE In Opposition to Motion For Sanctions, Protective Order, And Notice Of Jencks Act Disclosures (Dkt. #679); Declaration Of Ariel A. Neuman by John Brunst. (Neuman, Ariel) (Entered: 07/09/2019)
7/9/2019 MOTION for Extension of Time to File Response/Reply by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Rapp, Kevin) (Entered: 07/09/2019)
7/9/2019674NOTICE TO FILER OF DEFICIENCY re: 673 Notice of Change of Address/Firm Name (Attorney) filed by Dan Hyer. Document not in compliance with LRCrim 12.1(a) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) (Entered: 07/09/2019)
7/9/2019NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME as to K C Maxwell by Dan Hyer. (Maxwell, K) (Entered: 07/09/2019)
7/8/2019ORDER granting 669 Motion to Continue Sentencing as to Dan Hyer (5). Sentencing set for 7/27/2020 at 04:00 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. Signed by Judge Susan M Brnovich on 7/8/2019.(TCA) (Entered: 07/08/2019)
7/3/2019Third MOTION to Continue Sentencing by USA as to Dan Hyer. (Attachments: # 1 Text of Proposed Order)(Rapp, Kevin) (Entered: 07/03/2019)
7/1/2019First MOTION to Compel Compliance and Order to Show Cause Regarding the Government's Violation of the Court's Scheduling Order on behalf of Mr. Larkin and Mr. Lacey by James Larkin. (Attachments: # 1 Text of Proposed Order)(Bernstein, Whitney) (Entered: 07/01/2019)
7/1/2019ORDER granting 628 Motion to Continue Trial and Extend Time to File Pretrial Motions filed as to Andrew Padilla (6). Jury Trial reset for 5/5/2020 at 09:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. Final Pretrial Conference reset for 3/6/2020 at 10:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. Motions due by 10/18/2019. Order to Continue Trial applies to the following defendants: Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. Signed by Judge Susan M Brnovich on 7/1/2019.(TCA) (Entered: 07/01/2019)
6/28/2019JOINDER to 662 MOTION to Compel Granting Defendant John Brunst's Motion to Compel Government Compliance With Court's April 22, 2019 Order to Produce Jencks Act Material For Witness Carl Ferrer by Scott Spear as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Feder, Bruce) (Entered: 06/28/2019)
6/27/2019 MOTION to Compel Government's Compliance with Court's April 22, 2019 Order to Produce Jencks Act Material For Witness Carl Ferrer by John Brunst. (Attachments: # 1 Text of Proposed Order Granting Defendant John Brunst's Motion to Compel Government Compliance With Court's April 22, 2019 Order to Produce Jencks Act Material For Witness Carl Ferrer)(Neuman, Ariel) (Entered: 06/27/2019)
6/25/2019NOTICE Request for Judicial Notice by James Larkin. (Bernstein, Whitney) (Entered: 06/25/2019)
6/24/2019AMENDED MINUTE ENTRY: Amending Doc. 656 MINUTE ENTRY for proceedings held before Judge Susan M Brnovich: Status Conference as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 6/24/2019.Motions (Docs.651,652 and 653) are withdrawn. Motion (Doc. 650) is deemed moot. Government motion for extension of time to file response to defendants motion to compel ( Doc.645) is granted.Motion Hearing re: Motion to Dismiss is set for 8/19/2019 at 10:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. Motion Hearing re: Motion to Compel is set for 9/13/2019 at 11:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. (Court Reporter Charlotte Powers.) Hearing held 11:09 AM to 12:07 PM.(TCA)

Reason for Amendment: to correct a date typo. (TCA) (Entered: 06/26/2019)
6/24/2019*AMENDED by doc 660 MINUTE ENTRY for proceedings held before Judge Susan M Brnovich: Status Conference as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 6/24/2019. Motion Hearing re: Motion to Dismiss is set for 8/19/2019 at 10:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. Motion Hearing re: Motion to Compel is set for 9/13/2019 at 11:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. (Court Reporter Charlotte Powers.) Hearing held 11:09 AM to 12:07 PM.(TCA) *Modified on 6/27/2019 (CEI). (Entered: 06/25/2019)
6/24/2019ORDER: IT IS HEREBY ORDERED granting the motion and extending the deadline for Defendants to reply to the Government's Response to Motion to Dismiss Indictment (Doc. 634 ) from June 19, 2019, to July 17, 2019. Defendants have requested an extension of time to July 3, 2019. The Court has just approved an order allowing another Amicus Brief and for that reason has extended the reply time to July 17, 2019. Signed by Judge Susan M Brnovich on 6/21/2019. (SST) (Entered: 06/24/2019)
6/24/2019NOTICE OF ERRATA Re Defs' Motion to Extend Deadline and Page-Limit for Reply to Response to Defs' Motion to Dimiss Indictment by Michael Lacey, James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught.. (Corn-Revere, Robert) (Entered: 06/24/2019)
6/22/2019**WITHDRAWN BY DOC. 656**Duplicate of Doc. 652 pursuant to Notice 654 - Third MOTION for Extension of Time to File Response/Reply re: 561 MOTION to Dismiss Indictment , Second MOTION for Leave to File Excess Pages by John Brunst. (Attachments: # 1 Text of Proposed Order)(Grant, James) Modified on 6/24/2019 (SST). Modified on 6/25/2019 (TCA). (Entered: 06/22/2019)
6/22/2019**WITHDRAWN BY DOC. 656**Duplicate of Doc. 653 pursuant to Notice 654 - Third MOTION for Extension of Time to File Response/Reply re: 561 MOTION to Dismiss Indictment , Second MOTION for Leave to File Excess Pages by Scott Spear. (Attachments: # 1 Text of Proposed Order)(Grant, James) Modified on 6/24/2019 (SST). Modified on 6/25/2019 (TCA). (Entered: 06/22/2019)
6/22/2019**WITHDRAWN BY DOC. 656*Third MOTION for Extension of Time to File Response/Reply re: 561 MOTION to Dismiss Indictment , Second MOTION for Leave to File Excess Pages by James Larkin. (Attachments: # 1 Text of Proposed Order)(Grant, James) Modified on 6/25/2019 (TCA). (Entered: 06/22/2019)
6/22/2019Third MOTION for Extension of Time to File Response/Reply re: 561 MOTION to Dismiss Indictment , Second MOTION for Leave to File Excess Pages by Michael Lacey. (Attachments: # 1 Text of Proposed Order)(Grant, James) (Entered: 06/22/2019)
6/21/2019RESPONSE by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst to 561 MOTION to Dismiss Indictment. (LAD) (Entered: 06/21/2019)
6/21/2019*ORDER granting 633 Motion for Extension of Time to File Response as to Michael Lacey (1). IT IS FURTHER ORDERED that the United States' Response to Defendants' Motion to Dismiss Indictment, which was lodged with the Motion for Leave, shall be deemed properly filed. Signed by Judge Susan M Brnovich on 6/21/19.(LAD) *Modified to correct document linkage; NEF regenerated on 6/21/2019 (LAD)/ (SCH). (Entered: 06/21/2019)
6/21/2019ORDER:Motion for Leave to File Brief of Amici Curiae Equality Now, Legal Momentum, Sanctuary for Families, United Abolitionist, Inc., and National Coalition Against Domestic Violence is GRANTED. Signed by Judge Susan M Brnovich on 6/21/2019.(TCA) (Entered: 06/21/2019)
6/21/2019ORDER granting 630 Motion for waiver of presence of defendnat Padilla and excusing appearance of counsel as to Andrew Padilla (6). Signed by Judge Susan M Brnovich on 6/21/2019.(TCA) (Entered: 06/21/2019)
6/21/2019 MOTION for Extension of Time to File Response/Reply re: 643 First MOTION to Compel Discovery on Behalf of All Defendants by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Stone, Andrew) (Entered: 06/21/2019)
6/20/2019NOTICE of Waiver of Personal Appearance at Status Conference by Michael Lacey. (Cambria, Paul) (Entered: 06/20/2019)
6/19/2019First MOTION to Compel Discovery on Behalf of All Defendants by James Larkin, Michael Lacey, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit Index, # 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)(Bernstein, Whitney) *Modified defendants on 6/20/2019 (DXD). (Entered: 06/19/2019)
6/19/2019MOTION for Extension of Time to File Response/Reply TO RESPONSE TO DEFENDANTS MOTION TO DISMISS INDICTMENT by Michael Lacey, James Larkin, Scott Spear, John Brunst. (Attachments: # 1 Text of Proposed Order)(Grant, James) *Modified to add defendants on 6/20/2019 (DXD). (Entered: 06/19/2019)
6/19/2019MOTION To File Amicus Brief as to attorneys David Boies and Paul J. Nathanson by Legal Momentum, Equality Now, National Coalition Against Domestic Violence, Sanctuary for Families, United Abolitionist Incorporated as to Michael Lacey, James Larkin, Scott Spear, John Brunst. (Attachments: # 1 Equality Now and Legal Momentum's [Proposed] Amicus Curiae Brief, # 2 Text of Proposed Order)(Nathanson, Paul) *Modified to add filers/defendants on 6/20/2019 (DXD). (Entered: 06/19/2019)
6/19/2019***Remark re: Pro hac vice motion granted for David Boies II on behalf of movant Legal Momentum. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 06/19/2019)
6/18/2019Mail Returned as Undeliverable. Mail sent to Royce Corley. Reason for return: Inmate is Not Located at FCI-Danbury CT. Document number 622 . (LAD) (Entered: 06/19/2019)
6/18/2019STATUS REPORT (Supplemental) by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A)(Bernstein, Whitney) (Entered: 06/18/2019)
6/17/2019NOTICE of Rebuttal Expert Witnesses by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A-C)(Rapp, Kevin) (Entered: 06/17/2019)
6/17/2019***Remark re: Pro hac vice motion for admission granted for Paul J Nathanson on behalf of movant Equality Now This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 06/17/2019)
6/17/2019JOINDER to Motion to Continue by Joye Vaught. (Bertrand, Joy) *Modified text on 6/18/2019 (DXD). (Entered: 06/17/2019)
6/17/2019RESPONSE to Motion by USA as to Andrew Padilla re: 628 First MOTION to Continue Trial and Extend Time to File Pretrial Motions . (Attachments: # 1 Exhibit A)(Rapp, Kevin) (Entered: 06/17/2019)
6/14/2019***Remark re: Pro hac vice motion for admission granted for Erik McKissen Herron on behalf of movant Equality Now: This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 06/14/2019)
6/12/2019* (Filed at Doc. 649 ) LODGED Proposed Response to Defendants' Motion to Dismiss Indictment 561 by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Joye Vaught re: 633 MOTION for Leave to File Excess Pages. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. (Kozinets, Peter) *Modified docket text to reflect correct linkage on 6/13/2019 (SST). Modified on 6/21/2019 (LAD). (Entered: 06/12/2019)
6/12/2019*First MOTION for Leave to File Excess Pages for Response to Defendants' Motion to Dismiss (Doc. 561 ) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Kozinets, Peter) *Modified to reflect correct event and linkage; attorney noticed on 6/13/2019 (SST). (Entered: 06/12/2019)
6/7/2019 MOTION Waiver of Appearance by Andrew Padilla. (Attachments: # 1 Text of Proposed Order)(Eisenberg, David) (Entered: 06/07/2019)
6/3/2019First MOTION to Continue Trial and Extend Time to File Pretrial Motions by Andrew Padilla. (Attachments: # 1 Text of Proposed Order)(Eisenberg, David) (Entered: 06/03/2019)
6/1/2019STATUS REPORT by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Bernstein, Whitney) (Entered: 06/01/2019)
5/31/2019STATUS REPORT by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit a, # 2 Exhibit b, # 3 Exhibit c, # 4 Exhibit d, # 5 Text of Proposed Order)(Jones, Reginald) (Entered: 05/31/2019)
5/30/2019NOTICE / Amicus Curiae Brief Regarding First Amendment Considerations by ACLU of Arizona as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Barr, Daniel) (Entered: 05/30/2019)
5/30/2019*NOTICE / Brief of Amici Curiae the DKT Liberty Project, CATO Institute, and Reason Foundation in Support of 561 Motion to Dismiss the Indictment by Reason Foundation, Cato Institute, DKT Liberty Project as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Amunson, Jessica) *Modified to include document link on 5/31/2019 (REK). (Entered: 05/30/2019)
5/30/2019ORDER : The Motion 619 is GRANTED as to Michael Lacey, James Larkin, Scott Spear, John Brunst. The Amicus Curiae Brief, which was lodged with the Motion for Leave, shall be properly filed. Signed by Judge Susan M Brnovich on 5/29/2019.(REK) (Entered: 05/30/2019)
5/30/2019ORDER: The Motion 620 is GRANTED as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joyce Vaught. The ACLU of Arizona's Amicus Curiae Brief Regarding First Amendment Considerations, which was lodge with the Motion for Leave, shall be properly filed. Signed by Judge Susan M Brnovich on 5/29/2019.(REK) (Entered: 05/30/2019)
5/29/2019621MINUTE ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: A Status Conference is set to discuss discovery for 6/24/2019 at 11:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 05/29/2019)
5/28/2019*MOTION to File Amicus Brief as to attorney Daniel C. Barr by ACLU of Arizona as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 ACLU's Amicus Curiae Brief, # 2 Text of Proposed Order)(Barr, Daniel) *Modified to add additional defendants that pleading pertains to on 5/29/2019 (REK). (Entered: 05/28/2019)
5/28/2019*MOTION to File Amicus Brief (Uncontested) as to attorney Jessica Ring Amunson by Reason Foundation, Cato Institute, DKT Liberty Project as to Michael Lacey, James Larkin, Scott Spear, John Brunst. (Attachments: # 1 [Proposed] Brief of Amici Curiae the DKT Liberty Project, Cato Institute, and Reason Foundation in Support of Motion to Dismiss the Indictment)(Amunson, Jessica) *Modified to include additional defendants that pleading pertains to on 5/28/2019 (REK). (Entered: 05/28/2019)
5/28/2019ORDER granting 612 Motion and extending the deadline for the United States to respond to Defendants Motion to Dismiss Indictment (doc. 561 ) from May 29, 2019 to June 12, 2019. Signed by Judge Susan M Brnovich on 5/28/2019.(TCA) (Entered: 05/28/2019)
5/28/2019***Remark as to Pro hac vice motion for admission granbted for Jessica Ring Amunson on behalf of amici curiae DKT Liberty Project, Cato Institute and Reason Foundation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 05/28/2019)
5/28/2019*NOTICE of Joinder by Joye Vaught re: 561 Motion to Dismiss Indictment. (Bertrand, Joy) *Modified to add document link on 5/29/2019 (REK). (Entered: 05/28/2019)
5/27/2019REPLY TO RESPONSE to Motion by Scott Spear re: 531 MOTION for Discovery : Motion for Immediate Discovery Regarding Government's Abuse of Grand Jury and Trial Subpoenas to Obtain Defense Lawyer Bank Accounts and for Potential Sanctions (Request for Expedited Oral Argument and Evidentiary Hearin 574 . (Feder, Bruce) (Entered: 05/27/2019)
5/27/2019*NOTICE of Joinder re: 561 Motion to Dismiss Indictment by Andrew Padilla. (Eisenberg, David) *Modified to add document link on 5/28/2019 (REK). (Entered: 05/27/2019)
5/24/2019ORDER as to Michael Lacey, et al.: IT IS ORDERED that the otherwise applicable time for filing Defendants' Rule 26.2 Material Pertaining to Witnesses is adjourned to a time set by the Court upon consideration of Defendants' forthcoming June 1, 2019 Status Report. IT IS FURTHER ORDERED that the excludable delay under 18 U.S.C. § 3161(h)(1)(D) will occur as a result of the grant of this Order. (See attached Order). Signed by Judge Susan M Brnovich on 5/24/19.(JAMA) (Entered: 05/24/2019)
5/24/2019RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 610 First MOTION for Extension of Time to File Rule 26.2 Material (filed jointly on behalf of all Defendants) . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rapp, Kevin) (Entered: 05/24/2019)
5/24/2019*Third MOTION for Extension of Time to File Response/Reply re: 561 MOTION to Dismiss Indictment by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst. (Attachments: # 1 Text of Proposed Order)(Stone, Andrew) *Modified to correct parties that pleading pertains to on 5/28/2019 (REK). (Entered: 05/24/2019)
5/23/2019ORDER granting 607 Motion for Extension of Time to File Reply to 5/27/2019 as to Scott Spear (3). Signed by Judge Susan M Brnovich on 5/23/2019.(TCA) (Entered: 05/23/2019)
5/21/2019First MOTION for Extension of Time to File Rule 26.2 Material (filed jointly on behalf of all Defendants) by Michael Lacey. (Attachments: # 1 Text of Proposed Order)(Cambria, Paul) (Entered: 05/21/2019)
5/20/2019JOINDER to 538 Notice (Other) by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Cambria, Paul) (Entered: 05/20/2019)
5/17/2019JOINDER to 538 Notice (Other) by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Bernstein, Whitney) (Entered: 05/17/2019)
5/16/2019*First MOTION (UNOPPOSED) for Extension of Time to File Reply to the Government's 574 Response to 531 Motion for Immediate Discovery Regarding the Government's Abuse of Grand Jury and Trial Subpoenas to Obtain Defense Lawyer Bank Accounts and for Potential Sanctions by Scott Spear. (Attachments: # 1 Text of Proposed Order Proposed Order)(Feder, Bruce) *Modified to correct event on 5/17/2019 (RMV). (Entered: 05/16/2019)
5/15/2019NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME as to Thomas Henry Bienert, Jr by James Larkin. (Bienert, Thomas) (Entered: 05/15/2019)
5/15/2019NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME as to Whitney Z Bernstein by James Larkin. (Bernstein, Whitney) (Entered: 05/15/2019)
5/10/2019Second AMENDED ORDER - Defendants' Amended Unopposed Motion to Extend Deadline for Reply on Motion to Dismiss Indictment (Doc. 571 ) is GRANTED as to Michael Lacey, James Larkin, Scott Spear, John Brunst. The deadline for Defendants' reply on their Motion to Dismiss the Indictment (Doc. 561 ) will be June 19, 2019. FURTHER ORDERED affirming Court's previous order allowing Defendants' to file a 20 page reply. Signed by Judge Susan M Brnovich on 5/9/2019.(RMV) (Entered: 05/10/2019)
5/9/2019**AMENDED BY DOC 576** AMENDED ORDER: Motion (Doc. 571 ) is GRANTED. The deadline for Defendants reply on their Motion to Dismiss the Indictment (Doc. 561 ) will be June 19, 2019. Signed by Judge Susan M Brnovich on 5/9/2019.(TCA) *Modified to add document linkage on 5/10/2019 (RMV). Modified on 5/10/2019 (RMV). (Entered: 05/09/2019)
5/8/2019RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 531 MOTION for Discovery : Motion for Immediate Discovery Regarding Government's Abuse of Grand Jury and Trial Subpoenas to Obtain Defense Lawyer Bank Accounts and for Potential Sanctions (Request for Expedited Oral Argument and Evidentiary Hearin . (Attachments: # 1 Declaration of John J. Kucera)(Kucera, John) (Entered: 05/08/2019)
5/8/2019**AMENDED BY DOC. 575* ORDER: The deadline for Defendants reply on their Motion to Dismiss the Indictment (Doc. 561) will be July 19, 2019. Signed by Judge Susan M Brnovich on 5/8/2019.(TCA) Modified on 5/9/2019 (TCA). (Entered: 05/08/2019)
5/8/2019ORDER granting 570 Motion and extending the deadline for the United States to respond to Defendants' 561 Motion to Dismiss Indictment to May 29, 2019. Signed by Judge Susan M Brnovich on 5/8/2019.(TCA) Modified on 5/9/2019 (RMV). (Entered: 05/08/2019)
5/8/2019AMENDED MOTION for Extension of Time to File Response/Reply re: 561 MOTION to Dismiss Indictment by Michael Lacey, James Larkin, Scott Spear, John Brunst as to Michael Lacey. (Attachments: # 1 Text of Proposed Order)(Grant, James) (Entered: 05/08/2019)
5/8/2019Second MOTION for Extension of Time to File Response/Reply re: 561 MOTION to Dismiss Indictment by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Stone, Andrew) (Entered: 05/08/2019)
5/6/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE/MOTION TO MODIFY RELEASE CONDITIONS proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, and Joye Vaught held on 04/23/2019, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/28/2019. Redacted Transcript Deadline set for 6/6/2019. Release of Transcript Restriction set for 8/5/2019. (RAP) (Entered: 05/10/2019)
5/6/2019 MOTION for Extension of Time to File Response/Reply re: 561 MOTION to Dismiss Indictment by Michael Lacey, James Larkin, Scott Spear, John Brunst as to Michael Lacey. (Grant, James) (Entered: 05/06/2019)
5/6/2019TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on April 23, 2019, Judge Susan M Brnovich hearing judge(s). (Rapp, Kevin) (Entered: 05/06/2019)
5/3/2019ORDER granting 554 Motion for Extension of Time to File Response to Defendant's Motion to Dismiss to 5/27/2019. Signed by Judge Susan M Brnovich on 5/3/2019.(TCA) (Entered: 05/03/2019)
5/3/2019566MINUTE ORDER: Appointing attorney Joy Malby Bertrand (CJA) for Joye Vaught for all further proceedings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 05/03/2019)
5/3/2019565*MINUTE ORDER: Appointing David Eisenberg(CJA) as to Andrew Padilla for all further proceedings. Attorney Lee David Stein terminated in case as to Andrew Padilla. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) *NEF regenerated on 5/3/2019 (CEI). (Entered: 05/03/2019)
5/3/2019Additional Attachments to Main Document re: 561 MOTION to Dismiss Indictment by Michael Lacey, James Larkin, Scott Spear, John Brunst. (Grant, James) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(RMV) (Entered: 05/03/2019)
5/3/2019 MOTION to Dismiss Indictment by Michael Lacey, James Larkin, Scott Spear, John Brunst. (Grant, James) (RMV) (Entered: 05/03/2019)
5/3/2019ORDER granting 540 Motion for Leave to Exceed the Page Limit as to Michael Lacey (1). Clerk of Court shall file in the lodged joint motion to dismiss and attachments. FURTHER ORDERED that counsel for defendants shall provide the Court with a hard copy of their motion and attachments, along with all cases cited for the Court to consider. Signed by Judge Susan M Brnovich on 5/3/2019.(RMV) (Entered: 05/03/2019)
5/2/2019ORDER - Defendants' Motion to Dismiss due to Government Interference (Doc. 476 ) is DENIED. IT IS FURTHER ORDERED: 1. Defendants' request for disclosure of communications relating to the Government's decision to seize attorney trust accounts is DENIED. 2. Defendants Padilla and Vaught's motion to withdraw counsel and applications and consent for withdrawal of counsel (Docs. 556 , 558 ) are GRANTED. The Clerk of Court shall appoint the Federal Public Defender or counsel from the Criminal Justice Act panel for the District Court to represent Defendants Padilla and Vaught; 3. Defendants Motion for Hearing on Motion to Dismiss due to Government Interference (Doc. 501 ) is DENIED. (See document for further details). Signed by Judge Susan M Brnovich on 5/1/19. (LAD) (Entered: 05/02/2019)
5/1/2019*First MOTION for Extension of Time to File Response to Docs. 539 and 540 by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Stone, Andrew) *Modified to correct event and add document linkage on 5/2/2019 (RMV). (Entered: 05/01/2019)
4/30/2019TRANSCRIPT REQUEST (3rd Party) by Daniel J. Quigley of Daniel J. Quigley, PLC as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 04/23/2019, Judge Susan M Brnovich hearing judge(s). (RAP) (Entered: 04/30/2019)
4/26/2019ORDER granting 548 Motion for Extension of Time to File Response to 531 by 5/8/2019 as to Michael Lacey (1), Scott Spear (3), John Brunst (4), Dan Hyer (5), Andrew Padilla (6), Joye Vaught (7). Signed by Judge Susan M Brnovich on 4/26/2019.(TCA) (Entered: 04/26/2019)
4/26/2019JOINDER to 538 Notice (Other) by Andrew Padilla as to Scott Spear. (Piccarreta, Michael) (Entered: 04/26/2019)
4/25/2019*MOTION for Extension of Time to File Response to 531 MOTION for Discovery by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Rapp, Kevin) *Modified to remove unnecessary Motion part on 4/26/2019 (RMV). (Entered: 04/25/2019)
4/24/2019*JOINDER to 538 NOTICE - Defendant Scott Spear's Supplemental Expert Witness Disclosure by Joye Vaught. (Weiss, Stephen) *Modified to add document linkage on 4/25/2019 (RMV). (Entered: 04/24/2019)
4/24/2019ORDER granting in part and denying in part 503 Motion to Modify Conditions of Release as to Michael Lacey (1). Signed by Judge Susan M Brnovich on 4/23/2019.(TCA) (Entered: 04/24/2019)
4/23/2019MINUTE ENTRY for proceedings held before Judge Susan M Brnovich: Status Conference as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 4/23/2019. ORDERED denying 452 Motion as to James Larkin (2); denying 498 Motion to Extend Time as to Scott Spear (3). (Court Reporter Christine Coaly.) Hearing held 2:30 PM to 4:24 PM.(TCA) (Entered: 04/24/2019)
4/23/2019JOINDER to 531 MOTION for Discovery : Motion for Immediate Discovery Regarding Government's Abuse of Grand Jury and Trial Subpoenas to Obtain Defense Lawyer Bank Accounts and for Potential Sanctions (Request for Expedited Oral Argument and Evidentiary Hearin by Andrew Padilla as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Piccarreta, Michael) (Entered: 04/23/2019)
4/22/2019**Filed at Doc 562 pursuant to 560 Order** LODGED Proposed Additional Attachments to Main Document re: 539 MOTION to Dismiss 230 Superseding Indictment Re 540 motion for leave to exceed page limit as to Michael Lacey, James Larkin, Scott Spear, and John Brunst by Michael Lacey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Grant, James) *Modified to change from filed to lodged on 4/23/2019 (MAP). Modified on 5/3/2019 (RMV). (Entered: 04/22/2019)
4/22/2019 MOTION for Leave to Jointly file Motion to Dismiss and Exceed Page Limitation as to Michael Lacey, James Larkin, Scott Spear, and John Brunst by Michael Lacey. (Grant, James) (Entered: 04/22/2019)
4/22/2019**Filed at Doc 561 pursuant to 560 Order** LODGED Proposed MOTION to Dismiss 230 Superseding Indictment Re 540 motion for leave to exceed page limit as to Michael Lacey, James Larkin, Scott Spear, and John Brunst by Michael Lacey. (Grant, James) *Modified to change from filed to lodged on 4/23/2019 (MAP). Modified on 5/3/2019 (RMV). (Entered: 04/22/2019)
4/22/2019NOTICE - Defendant Scott Spear's Supplemental Expert Witness Disclosure by Scott Spear re: 500 Notice (Other). (Feder, Bruce) (Entered: 04/22/2019)
4/22/2019ORDER granting 453 Motion as to defendants. Government file the 39 documents subject to the destruction order under seal to be preserved. Signed by Judge Susan M Brnovich on 4/22/2019.(TCA) (Entered: 04/22/2019)
4/22/2019ORDER granting 478 Motion for Leave to Late File Reply in support of Motion for further Clarification re Order Allowing the Government to Continue Review of Privileged Communications Signed by Judge Susan M Brnovich on 4/22/2019.(TCA) (Entered: 04/22/2019)
4/22/2019ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Dan Hyer (5), Andrew Padilla (6), Joye Vaught (7) - For good cause shown in the motion, IT IS ORDERED granting the United States' Ex Parte Motion to Defer Disclosure of Carl Ferrer's Jencks Act Statements (Doc. 471 ) and setting the deadline for disclosure at June 25, 2019. (See document for complete details). Signed by Judge Susan M Brnovich on 4/22/19.(SLQ) (Entered: 04/22/2019)
4/19/2019534NOTICE TO FILER OF DEFICIENCY re: 533 Joinder filed by Joye Vaught. Document not in compliance with LRCrim 12.1(a) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV) (Entered: 04/22/2019)
4/19/2019*JOINDER to 527 Status Report by Joye Vaught. (Weiss, Stephen) *Modified to add document linkage on 4/22/2019. Document not in compliance with LRCrim 12.1(a). Attorney noticed on 4/22/2019 (RMV). (Entered: 04/19/2019)
4/18/2019JOINDER to 527 Status Report by Andrew Padilla as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Piccarreta, Michael) (Entered: 04/18/2019)
4/17/2019 MOTION for Discovery : Motion for Immediate Discovery Regarding Government's Abuse of Grand Jury and Trial Subpoenas to Obtain Defense Lawyer Bank Accounts and for Potential Sanctions (Request for Expedited Oral Argument and Evidentiary Hearing) by Scott Spear. (Attachments: # 1 Exhibit 1A, # 2 Exhibit 1B, # 3 Exhibit 2A, # 4 Exhibit 2B, # 5 Exhibit 2C, # 6 Exhibit 3A, # 7 Exhibit 3B, # 8 Text of Proposed Order Proposed Order)(Feder, Bruce) (Entered: 04/17/2019)
4/17/2019STATUS REPORT by Andrew Padilla, Joye Vaught as to Andrew Padilla. (Piccarreta, Michael) (Entered: 04/17/2019)
4/17/2019STATUS REPORT FOR APRIL 23, 2019 STATUS HEARING by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst. (Attachments: # 1 Exhibit A through E)(Bienert, Thomas) (Entered: 04/17/2019)
4/17/2019526ORDER granting 523 Motion for Hearing re: Motion to Modify Conditions of Release as to Michael Lacey (1). The hearing will be held on 4/23/2019 at 2:30 p.m. before Judge Susan M. Brnovich in courtroom 506. Ordered by Judge Susan M Brnovich. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)(TCA) (Entered: 04/17/2019)
4/17/2019SUPPLEMENT by Michael Lacey 503 First MOTION to Modify Conditions of Release filed by Michael Lacey. (Attachments: # 1 Exhibit A)(McCampbell, Erin) (Entered: 04/17/2019)
4/16/2019STATUS REPORT Memorandum by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A-L)(Jones, Reginald) (Entered: 04/16/2019)
4/16/2019*First MOTION for Hearing re: 503 Motion to Amend Conditions by Michael Lacey. (Cambria, Paul) *Modified to add document linkage on 4/17/2019 (RMV). (Entered: 04/16/2019)
4/16/2019REPLY TO RESPONSE to Motion by Michael Lacey re: 503 First MOTION to Modify Conditions of Release . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cambria, Paul) (Entered: 04/16/2019)
4/12/2019NOTICE of Waiver of Personal Appearance at Status Conference by Andrew Padilla. (Piccarreta, Michael) (Entered: 04/12/2019)
4/11/2019ORDER granting 518 Motion to Continue Sentencing as to Dan Hyer (5). Sentencing set for 7/29/2019 at 04:00 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. Signed by Judge Susan M Brnovich on 4/11/2019.(TCA) (Entered: 04/11/2019)
4/8/2019ORDER granting 517 Motion for Extension of Time to File Reply to Motion to amend conditions of release to 4/16/2019 as to Michael Lacey (1). Signed by Judge Susan M Brnovich on 4/8/2019.(TCA) (Entered: 04/08/2019)
4/5/2019Second MOTION to Continue Sentencing by USA as to Dan Hyer. (Attachments: # 1 Text of Proposed Order)(Rapp, Kevin) Modified on 4/5/2019 (RMV). (Entered: 04/05/2019)
4/4/2019*First MOTION for Extension of Time to File Reply in Further Support of Defendant Lacey's 503 Motion to Amend by Michael Lacey. (Attachments: # 1 Text of Proposed Order)(Cambria, Paul) *Modified to correct event and document linkage on 4/5/2019 (RMV). (Entered: 04/04/2019)
4/2/2019RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 503 First MOTION to Modify Conditions of Release . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Rapp, Kevin) (Entered: 04/02/2019)
4/1/2019NOTICE Re Service by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew) (Entered: 04/01/2019)
3/20/2019REPLY TO RESPONSE to Motion by Andrew Padilla, Joye Vaught as to Andrew Padilla re: 456 MOTION to Dismiss DUE TO GOVERNMENT INTERFERENCE WITH RIGHT TO COUNSEL AND REQUEST FOR DISCLOSURE OR, IN THE ALTERNATIVE, MOTION TO WITHDRAW MOTION to Withdraw as Attorney . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Piccarreta, Michael) (Entered: 03/20/2019)
3/20/2019NOTICE OF REFILING JOINT REPLY TO RESPONSE (DOC. 476) TO MOTION TO DISMISS DUE TO GOVERNMENT INTERFERENCE WITH RIGHT TO COUNSEL AND REQUEST FOR DISCLOSURE OR, IN THE ALTERNATIVE, MOTION TO WITHDRAW (DOC. 456) by Andrew Padilla, Joye Vaught as to Andrew Padilla re: 476 Response. (Piccarreta, Michael) (Entered: 03/20/2019)
3/19/2019First MOTION to Modify Conditions of Release by Michael Lacey. (Attachments: # 1 Text of Proposed Order)(Cambria, Paul) (Entered: 03/19/2019)
3/19/2019ORDER: Motion for Leave to File Joint Reply to Response to Motion to Dismiss Due to Government Interference With Right to Counsel and Request for Disclosure or, in the Alternative, Motion to Withdraw (Doc. 497 ) is granted. Defendants are granted leave to file their replies jointly. The motion to exceed the page limit in their joint reply is denied as to Andrew Padilla (6)and Joye Vaught (7). Signed by Judge Susan M Brnovich on 3/19/2019.(TCA) Modified on 3/20/2019 (RMV). (Entered: 03/19/2019)
3/15/2019 *MOTION for Hearing re: 456 MOTION TO DISMISS DUE TO GOVERNMENT INTERFERENCE WITH RIGHT TO COUNSEL AND REQUEST FOR DISCLOSURE OR, IN THE ALTERNATIVE, MOTION TO WITHDRAW by Andrew Padilla, Joye Vaught as to Andrew Padilla. (Piccarreta, Michael) *Modified to add document linkage on 3/18/2019 (RMV). (Entered: 03/15/2019)
3/14/2019NOTICE - DEFENDANTS' JOINT EXPERT WITNESS DISCLOSURE by Scott Spear as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Feder, Bruce) (Entered: 03/14/2019)
3/14/2019RESPONSE in Opposition by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 498 First MOTION to Extend Time 4/1/19 - FIRST JOINT Motion for Extension of Time to Disclose Anticipated Initial and Rebuttal Expert Testimony . (Stone, Andrew) (Entered: 03/14/2019)
3/12/2019First MOTION to Extend Time 4/1/19 - FIRST JOINT Motion for Extension of Time to Disclose Anticipated Initial and Rebuttal Expert Testimony by Scott Spear. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2A, # 3 Exhibit 2B, # 4 Exhibit 2C, # 5 Exhibit 2D, # 6 Exhibit 2E, # 7 Exhibit 2F, # 8 Exhibit 2G, # 9 Exhibit 2H, # 10 Exhibit 3A, # 11 Exhibit 3B, # 12 Exhibit 4A, # 13 Exhibit 4B, # 14 Text of Proposed Order Order)(Feder, Bruce) (Entered: 03/12/2019)
3/8/2019*MOTION FOR LEAVE TO FILE JOINT REPLY AND EXCEED PAGE LIMITATION FOR REPLY TO RESPONSE (DOC. 476 ) TO MOTION TO DISMISS DUE TO GOVERNMENT INTERFERENCE WITH RIGHT TO COUNSEL AND REQUEST FOR DISCLOSURE OR, IN THE ALTERNATIVE, MOTION TO WITHDRAW (DOC. 456 ) re: 494 Reply to Response by Andrew Padilla, Joye Vaught as to Andrew Padilla. (Piccarreta, Michael) *Modified to correct event, add document linkage, and clarify text on 3/11/2019 (RMV). (Entered: 03/08/2019)
3/8/2019LODGED Proposed REPLY TO RESPONSE to 497 Motion by Andrew Padilla, Joye Vaught as to Andrew Padilla re: 456 MOTION to Dismiss DUE TO GOVERNMENT INTERFERENCE WITH RIGHT TO COUNSEL AND REQUEST FOR DISCLOSURE OR, IN THE ALTERNATIVE, MOTION TO WITHDRAW MOTION to Withdraw as Attorney . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. (Piccarreta, Michael) * Modified to correct event; attorney noticed on 3/11/2019 (LAD). (Entered: 03/08/2019)
3/6/2019493MINUTE ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Status Conference reset for 4/23/2019 at 02:30 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 03/06/2019)
3/4/2019ORDER OF RECUSAL in case as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. Judge Douglas L Rayes recused. Case reassigned to Judge Susan M Brnovich for all further proceedings. All future pleadings and papers submitted for filing shall bear the following complete case number: CR-18-00422-PHX-SMB. See document for further details. Signed by Judge Douglas L Rayes on 3/4/2019.(RMV) (Entered: 03/04/2019)
3/4/2019JOINDER to 477 Response by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Cambria, Paul) (Entered: 03/04/2019)
3/4/2019JOINDER to 488 Joinder, 477 Response by Scott Spear as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Feder, Bruce) (Entered: 03/04/2019)
3/1/2019492NOTICE TO FILER OF DEFICIENCY re: 487 Joinder filed by Joye Vaught. Document not in compliance with LRCrim 12.1(a) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV) (Entered: 03/04/2019)
3/1/2019JOINDER to 477 Response by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Bernstein, Whitney) (Entered: 03/01/2019)
3/1/2019JOINDER to 477 Response by Joye Vaught. (Weiss, Stephen) *Document not in compliance with LRCrim 12.1(a). Attorney noticed on 3/4/2019. Modified to add document linkage and clarify text on 3/4/2019 (RMV). (Entered: 03/01/2019)
3/1/2019JOINDER to 477 Response by Andrew Padilla. (Piccarreta, Michael) (Entered: 03/01/2019)
3/1/2019ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. IT IS ORDERED that this case be reassigned, by lot, to another District Court Judge in the District of Arizona. Case reassigned by random lot to Judge Douglas L Rayes for all further proceedings. All future pleadings and papers submitted for filing shall bear the following complete case number: CR-18-00422-PHX-DLR. Signed by Judge Steven P Logan on 3/1/19. (LAD) (Entered: 03/01/2019)
2/28/2019484NOTICE TO FILER OF DEFICIENCY re: 483 Joinder filed by Joye Vaught. Document not in compliance with LRCrim 12.1(a) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV) (Entered: 03/01/2019)
2/28/2019*JOINDER to 480 First MOTION for Extension of Time to File REPLY to 476 RESPONSE TO MOTION TO DISMISS DUE TO GOVERNMENT INTERFERENCE WITH RIGHT TO COUNSEL AND REQUEST FOR DISCLOSURE OR, IN THE ALTERNATIVE, MOTION TO WITHDRAW by Joye Vaught. (Weiss, Stephen) *Modified to add document linkage and clarify text. Document is not in compliance with LRCrim 12.1(a). Attorney noticed on 3/1/2019 (RMV). (Entered: 02/28/2019)
2/28/2019*NOTICE OF ERRATA re 476 Response to Defendants' Motion to Dismiss due to Government Interference by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit 2)(Kucera, John) *Modified to add document linkage and clarify text on 3/1/2019 (RMV). (Entered: 02/28/2019)
2/28/2019SUPPLEMENT by Andrew Padilla 480 First MOTION for Extension of Time to File REPLY TO RESPONSE (DOC. 476) TO MOTION TO DISMISS DUE TO GOVERNMENT INTERFERENCE WITH RIGHT TO COUNSEL AND REQUEST FOR DISCLOSURE OR, IN THE ALTERNATIVE, MOTION TO WITHDRAW (DOC. 456) (UNOPPOSED) filed by Andrew Padilla. (Attachments: # 1 Exhibit)(Piccarreta, Michael) (Entered: 02/28/2019)
2/28/2019*First MOTION for Extension of Time to File REPLY to 476 RESPONSE TO MOTION TO DISMISS DUE TO GOVERNMENT INTERFERENCE WITH RIGHT TO COUNSEL AND REQUEST FOR DISCLOSURE OR, IN THE ALTERNATIVE, MOTION TO WITHDRAW by Andrew Padilla. (Attachments: # 1 Text of Proposed Order)(Piccarreta, Michael) *Modified to correct event, add document linkage, and clarify text on 3/1/2019 (RMV). (Entered: 02/28/2019)
2/27/2019 MOTION for Leave to Late File Reply by James Larkin. (Attachments: # 1 Exhibit Reply, # 2 Text of Proposed Order)(Grant, James) (Entered: 02/27/2019)
2/27/2019 MOTION for Leave to Late File Reply by Michael Lacey. (Attachments: # 1 Exhibit Reply, # 2 Text of Proposed Order)(Grant, James) (Entered: 02/27/2019)
2/27/2019* RESPONSE In Opposition To Government's 471 Motion To Defer Disclosure Of Carl Ferrer's Jencks Act Statements And Objections To In Camera Filing Of The Same, And Request For Disclosure Of The Same by John Brunst as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Neuman, Ariel) * Modified to add document linkage on 2/28/2019 (LAD). (Entered: 02/27/2019)
2/25/2019RESPONSE re: 463 Joinder, 467 Joinder, 465 Joinder, 464 Joinder, 456 MOTION to Dismiss DUE TO GOVERNMENT INTERFERENCE WITH RIGHT TO COUNSEL AND REQUEST FOR DISCLOSURE OR, IN THE ALTERNATIVE, MOTION TO WITHDRAW MOTION to Withdraw as Attorney by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit 1-6)(Kucera, John) (Entered: 02/25/2019)
2/23/2019*REPLY to Response to 453 DEFENDANTS' JOINT MOTION FOR DESIGNATION OF 39 DOCUMENTS SUBJECT TO THIS COURT'S DESTRUCTION ORDER TO BE PRESERVED AS PART OF THE IN CAMERA RECORD IN THIS PROSECUTION by James Larkin. (Bienert, Thomas) *Modified document linkage, filers, and text on 2/28/2019 (RMV). (Entered: 02/23/2019)
2/22/2019*REPLY to Response to 453 Defendants' Joint Motion for Designation of 39 Documents Subject to This Court's Destruction Order to Be Preserved As Part of the In Camera Record in This Prosecution by Scott Spear. (Feder, Bruce) *Modified document linkage, filers, and text on 2/28/2019 (RMV). (Entered: 02/22/2019)
2/21/2019*REPLY to Response to 453 DEFENDANTS' JOINT MOTION FOR DESIGNATION OF 39 DOCUMENTS SUBJECT TO THIS COURT'S DESTRUCTION ORDER TO BE PRESERVED AS PART OF THE IN CAMERA RECORD IN THIS PROSECUTION by Michael Lacey. (Cambria, Paul) *Modified document linkage, filers, and text on 2/28/2019 (RMV). (Entered: 02/21/2019)
2/20/2019*REPLY to Response to 453 DEFENDANTS' JOINT MOTION FOR DESIGNATION OF 39 DOCUMENTS SUBJECT TO THIS COURT'S DESTRUCTION ORDER TO BE PRESERVED AS PART OF THE IN CAMERA RECORD IN THIS PROSECUTION by Andrew Padilla. (Piccarreta, Michael) *Modified to correct event and clarify text on 2/21/2019 (RMV). Modified to correct document linkage on 2/28/2019 (RMV). (Entered: 02/20/2019)
2/20/2019JOINDER to 456 MOTION to Dismiss DUE TO GOVERNMENT INTERFERENCE WITH RIGHT TO COUNSEL AND REQUEST FOR DISCLOSURE OR, IN THE ALTERNATIVE, MOTION TO WITHDRAW MOTION to Withdraw as Attorney by John Brunst as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught.. (Panchapakesan, Gopi) (Entered: 02/20/2019)
2/20/2019RESPONSE re: 453 MOTION Designation of 39 Documents Subject to This Court's Destruction Order to be Preserved by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A-D)(Jones, Reginald) (Entered: 02/20/2019)
2/20/2019JOINDER to 456 MOTION to Dismiss DUE TO GOVERNMENT INTERFERENCE WITH RIGHT TO COUNSEL AND REQUEST FOR DISCLOSURE OR, IN THE ALTERNATIVE, MOTION TO WITHDRAW MOTION to Withdraw as Attorney by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Cambria, Paul) (Entered: 02/20/2019)
2/20/2019JOINDER to 456 MOTION to Dismiss DUE TO GOVERNMENT INTERFERENCE WITH RIGHT TO COUNSEL AND REQUEST FOR DISCLOSURE OR, IN THE ALTERNATIVE, MOTION TO WITHDRAW MOTION to Withdraw as Attorney by Scott Spear as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Feder, Bruce) (Entered: 02/20/2019)
2/19/2019JOINDER to 456 MOTION to Dismiss DUE TO GOVERNMENT INTERFERENCE WITH RIGHT TO COUNSEL AND REQUEST FOR DISCLOSURE OR, IN THE ALTERNATIVE, MOTION TO WITHDRAW MOTION to Withdraw as Attorney by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Bienert, Thomas) (Entered: 02/19/2019)
2/19/2019RESPONSE re: 452 First MOTION For Further Clarification Re Order Allowing the Government to Continue Review of Privileged Communications re: 445 Order on Motion for Miscellaneous Relief by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stone, Andrew) (Entered: 02/19/2019)
2/11/2019* MOTION to Dismiss DUE TO GOVERNMENT INTERFERENCE WITH RIGHT TO COUNSEL AND REQUEST FOR DISCLOSURE OR, IN THE ALTERNATIVE, MOTION TO WITHDRAW by Andrew Padilla, Joye Vaught as to Andrew Padilla. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Piccarreta, Michael). * Added MOTION to Withdraw as Attorney on 2/12/2019 (LAD). (Entered: 02/11/2019)
2/6/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 01/25/2019, before Judge STEVEN P. LOGAN. [Court Reporter: Elva Cruz-Lauer, RMR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/27/2019. Redacted Transcript Deadline set for 3/11/2019. Release of Transcript Restriction set for 5/7/2019. (RAP) (Entered: 02/13/2019)
2/6/2019JOINDER to 452 First MOTION For Further Clarification Re Order Allowing the Government to Continue Review of Privileged Communications re: 445 Order on Motion for Miscellaneous Relief by Scott Spear as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Feder, Bruce) (Entered: 02/06/2019)
2/6/2019JOINDER to 452 First MOTION For Further Clarification Re Order Allowing the Government to Continue Review of Privileged Communications re: 445 Order on Motion for Miscellaneous Relief by John Brunst as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught.. (Neuman, Ariel) (Entered: 02/06/2019)
2/6/2019MOTION Designation of 39 Documents Subject to This Court's Destruction Order to be Preserved by Michael Lacey. (Cambria, Paul) (Entered: 02/06/2019)
2/5/2019First MOTION For Further Clarification Re Order Allowing the Government to Continue Review of Privileged Communications re: 445 Order on Motion for Miscellaneous Relief by James Larkin. (Attachments: # 1 Text of Proposed Order)(Bienert, Thomas) (Entered: 02/05/2019)
2/5/2019TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 1/25/2019, Judge Steven P Logan hearing judge(s). (Rapp, Kevin) (Entered: 02/05/2019)
1/29/2019TRANSCRIPT REQUEST by Daniel J. Quigley of Daniel J. Quigley, PLC as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 01/25/2019, Judge Steven P Logan hearing judge(s). (RAP) (Entered: 01/29/2019)
1/25/2019MINUTE ENTRY for proceedings held before Judge Steven P Logan: Status Conference as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 1/25/2019. The Court treats the Defendants' Joint Status Report 443 as a motion/request to stay the defendants' obligations. For the reasons stated on the record, the defendants'motion is denied. Counsel for the government and for the defense are directed to continue to meet the deadlines set forth in the Court's Scheduling Order 131 . (Court Reporter Elva Cruz-Lauer.) Hearing held 9:35 AM to 11:29 AM.(LMR) (Entered: 01/25/2019)
1/24/2019ORDER as to Michael Lacey (1): Defendant's Motion for Release of Funds Unrelated to Backpage and Request for Expedited Relief 385 is denied; and Defendant's Motion to Strike the Government's Untimely Opposition to His Motion for Release of Funds Unrelated to Backpage and Request for Expedited Relief 415 is denied. See order for details. Signed by Judge Steven P Logan on 1/24/2019.(LMR) (Entered: 01/24/2019)
1/23/2019RESPONSE re: 443 Status Report by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit Exhibit A-K)(Rapp, Kevin) (Entered: 01/23/2019)
1/22/2019ORDER: The Government's Motion for Clarification 355 is granted. See order for details. Signed by Judge Steven P Logan on 1/22/2019.(LMR) (Entered: 01/22/2019)
1/18/2019*MEMORANDUM by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A-J)(Jones, Reginald) *Modified to correct event and text on 1/22/2019 (REK). (Entered: 01/18/2019)
1/18/2019STATUS REPORT JOINT by Andrew Padilla as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit Exhibit 1)(Piccarreta, Michael) (Entered: 01/18/2019)
1/18/2019* NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME as to James C Grant by Michael Lacey, James Larkin. (Grant, James) * Modified to correct filers on 1/18/2019 (LAD). (Entered: 01/18/2019)
1/17/2019ORDER: That Government's Motion for Access to the Joint Representation and Joint Defense Agreements Previously Submitted by Defendants Michael Lacey and James Larkin for In Camera Review 354 is granted in part as it applies to theEngagement Letter. Counsel for the Defendants shall provide a copy of the Engagement Letter to counsel for the Government within 21 days of this Order. That Government's Motion for Access to the Joint Representation and Joint Defense Agreements Previously Submitted by Defendants Michael Lacey and James Larkin for In Camera Review 354 is denied in part as it applies to the JRA and JDA. Signed by Judge Steven P Logan on 1/17/19.(LMR) (Entered: 01/17/2019)
1/8/2019ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Defendant Andrew Padilla's Request For Status Conference 425 is granted. Status Hearing is set for 1/25/2019 at 09:30 AM in Courtroom 501, 401 West Washington Street, Phoenix, AZ 85003 before Judge Steven P Logan. Signed by Judge Steven P Logan on 1/7/2019.(LMR) (Entered: 01/08/2019)
1/4/2019REPLY re: 354 MOTION for Access to the Joint Representation and Joint Defense Agreements Previously Submitted by Defendants Michael Lacey and James Larkin for In Camera Review by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Kozinets, Peter) (Entered: 01/04/2019)
1/4/2019*REPLY to Response to 355 Motion for Clarification by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew) *Modified to correct event; attorney noticed on 1/7/2019 (RMV). (Entered: 01/04/2019)
12/21/2018REPLY re: 415 MOTION to Strike the Government's Untimely Opposition 412 Response in Opposition by Michael Lacey. (Cambria, Paul) (Entered: 12/21/2018)
12/21/2018First MOTION for Hearing re: STATUS HEARING by Andrew Padilla. (Piccarreta, Michael) (Entered: 12/21/2018)
12/18/2018REPLY re: 385 First MOTION for Release of Funds by Michael Lacey. (Attachments: # 1 Exhibit A)(Cambria, Paul) (Entered: 12/18/2018)
12/14/2018RESPONSE in Opposition by USA as to Michael Lacey re: 415 MOTION to Strike the Government's Untimely Opposition 412 Response in Opposition . (Kucera, John) (Entered: 12/14/2018)
12/14/2018NOTICE of Expert Witnesses by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Rapp, Kevin) (Entered: 12/14/2018)
12/13/2018*JOINDER in Opposition 408 to the Motion at 354 by Joye Vaught. (Weiss, Stephen) *Modified to add document link on 12/14/2018 (SLQ). (Entered: 12/13/2018)
12/12/2018JOINDER to 408 Response by Andrew Padilla as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Piccarreta, Michael) (Entered: 12/12/2018)
12/12/2018JOINDER to 409 Response by John Brunst as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Neuman, Ariel) (Entered: 12/12/2018)
12/12/2018*JOINDER to 408 Response by John Brunst as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Neuman, Ariel) *Modified to correct event and text on 12/12/2018 (REK). (Entered: 12/12/2018)
12/12/2018 MOTION to Strike the Government's Untimely Opposition 412 Response in Opposition by Michael Lacey. (Attachments: # 1 Exhibit A)(Cambria, Paul) (Entered: 12/12/2018)
12/11/2018*JOINDER to 409 Response by Scott Spear as to Michael Lacey, James Larkin, Scott Spear. (Feder, Bruce) *Modified to correct entry to reflect parties that pleading pertains to on 12/12/2018 (REK). (Entered: 12/11/2018)
12/11/2018*JOINDER to 408 Response by Scott Spear as to Michael Lacey, James Larkin, Scott Spear. (Feder, Bruce) *Modified to correct parties that pleading applies to on 12/12/2018 (REK). (Entered: 12/11/2018)
12/11/2018*RESPONSE in Opposition by USA as to Michael Lacey re: 385 First MOTION for Release of Funds . (Attachments: # 1 Exhibit)(Rapp, Kevin) *Modified to reflect that pleading should only pertain to Defendant Michael Lacey on 12/12/2018 (REK). (Entered: 12/11/2018)
12/10/2018RESPONSE re: 355 MOTION United States' Motion for Clarification Re Order to Resolve Attorney-Client Privilege Issues. re: 345 Order on Motion for Miscellaneous Relief by Michael Lacey. (Cambria, Paul) (Entered: 12/10/2018)
12/10/2018RESPONSE re: 354 MOTION for Access to the Joint Representation and Joint Defense Agreements Previously Submitted by Defendants Michael Lacey and James Larkin for In Camera Review by Michael Lacey. (Cambria, Paul) (Entered: 12/10/2018)
12/3/2018NOTICE of Government's Non-Opposition to Defendant Lacey's Motion for Release of Funds by Michael Lacey re: 385 First MOTION for Release of Funds . (Cambria, Paul) (Entered: 12/03/2018)
11/28/2018TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 11/16/2018, Judge Steven P Logan hearing judge(s). (Rapp, Kevin) (Entered: 11/28/2018)
11/28/2018ORDER as to Scott Spear (3) - The 399 Joint Motion for Reconsideration is granted in part. The Court's Order granting the Motion to Compel Destruction of Inadvertently Disclosed Documents and granting in part and denying in part Defendant Scott Spears Motion for Extension of Time (Doc. 398 ) are vacated. The Motion for Extension of Time (Doc. 397 ) is denied in part and granted in part. The Defendants shall have until 12/5/2018 to file Responses to the (Sealed) Motion to Compel Destruction of the Inadvertently Disclosed Documents. The Government shall have until 12/12/2018 to file any Reply in support of. Defendants shall have until 12/10/2018 to file Responses to the Government's Motions (Docs. 354 , 355 ). The Government shall have until 1/4/2019 to file any Replies in support. No further extensions will be granted. Signed by Judge Steven P Logan on 11/28/18.(DXD) (Entered: 11/28/2018)
11/21/2018Joint MOTION for Reconsideration re: 398 Order on Motion for Extension of Time to File Response/Reply and [396-1] (Sealed) Order Granting Government's (Sealed) Motion to Compel Destruction of Inadvertently Disclosed Documents 343 by Scott Spear. (Attachments: # 1 Text of Proposed Order Granting Joint Motion for Reconsideration of the Court's Order [396-1] and 398 )(Feder, Bruce) (Entered: 11/21/2018)
11/20/2018**VACATED by Order (Doc. 400 )** ORDER as to Scott Spear (3): The Motion for Extension of Time 397 is denied in part and granted in part. The motion is denied as it pertains to extending the time for responses and replies to the Government's (Sealed) Motion to Compel Destruction of Inadvertently Disclosed Documents. (Docs. 343 , 352 , 396 ) Defendants shall have until 12/10/2018 to file responses to the Government's Motion for Access to Joint Representation and Joint Defense Agreements Previously Submitted by Defendants Michael Lacey and James Larkin for in Camera Review and the Government's Motion For Clarification re: Order to Resolve Attorney-Client Privilege. (Docs. 354 , 355 ) The Government shall have until 1/4/2019 to file any replies in support of Docs. 354 and 355. No further extensions will be granted. See attached order. Signed by Judge Steven P Logan on 11/20/2018.(LMR) Modified on 11/28/2018 (DXD). (Entered: 11/20/2018)
11/19/2018Second MOTION for Extension of Time to File Response/Reply re: 355 MOTION United States' Motion for Clarification Re Order to Resolve Attorney-Client Privilege Issues. re: 345 Order on Motion for Miscellaneous Relief , 354 MOTION for Access to the Joint Representation and Joint Defense Agreements Previously Submitted by Defendants Michael Lacey and James Larkin for In Camera Review , 343 (SEALED) Motion to Compel Destruction of Inadvertently Disclosed Documents (SECOND JOINT UNOPPOSED MOTION) by Scott Spear. (Attachments: # 1 Text of Proposed Order Order Granting Second Joint Unopposed Motion re Responses & Replies re 343 354 355 )(Feder, Bruce) (Entered: 11/19/2018)
11/16/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTIONS HEARING proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, and Joye Vaught held on 11/16/2018, before Judge Steven P. Logan. [Court Reporter: Elva Cruz-Lauer, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/7/2018. Redacted Transcript Deadline set for 12/17/2018. Release of Transcript Restriction set for 2/14/2019. (RAP) (Entered: 11/28/2018)
11/16/2018NOTICE OF ERRATA to Movants' Under Seal Reply in Support of Motion to Stay Seizure of Attorneys' Fees (Dkt. 379) by Melissa Schneider, Ray Ronan, Maria Rhoad, Devyn Braga, Jessica Shelton, Levi Yockey, Cody Gautier, Nathan Kopeckey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught.. (Chapman, Anne) (Entered: 11/16/2018)
11/16/2018TRANSCRIPT REQUEST by James Larkin for proceedings held on November 16, 2018, Judge Steven P Logan hearing judge(s). (Bernstein, Whitney) (Entered: 11/16/2018)
11/16/2018MINUTE ENTRY for proceedings held before Judge Steven P Logan: Motion Hearing as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla and Joye Vaught held on 11/16/2018. Pending motions are argued. Defendant Padilla and Vaught's Emergency Motion to Stay Seizure of Attorneys' Fees 360 is denied. Movants' Emergency Motion to Stay Seizure of Attorneys' Fees 365 is denied. Defendant Lacey and Larkin's Motion to Stay Seizure of Attorneys' Fees 376 is denied. Counsel for Defendant Padilla's oral motion to stay these orders for a period of seven days is denied. See attached minute entry for details. (Court Reporter Elva Cruz-Lauer.) Hearing held 9:05 AM to 10:53 AM.(LMR) (Entered: 11/16/2018)
11/16/2018ORDER: The Motion for Leave to File Joint Reply to Response to Motion to Stay Seizure of Attorneys' Fees 383 is granted. Defendants are granted leave to file their replies jointly and exceed the page limit in their joint reply. Signed by Judge Steven P Logan on 11/16/2018.(LMR) (Entered: 11/16/2018)
11/16/2018First MOTION for Release of Funds by Michael Lacey. (Attachments: # 1 Exhibit)(Cambria, Paul) (Entered: 11/16/2018)
11/15/2018ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst: The relief requested in Defendants' Emergency Motion to Stay Seizure of Attorneys' Fees and Request for Immediate Hearing 376 is temporarily granted pending a hearing on the motion which is scheduled for 11/16/2018 at 9:00 a.m. in Courtroom 501, 401 West Washington Street, Phoenix, AZ 85003 before Judge Steven P. Logan. The arguments set forth in Government's Response in Opposition to Motions to Stay Seizure of Attorneys' Fees 371 may serve as its Response to the Motion. The Defendants are directed not to file a reply, but instead the Defendants shall come prepared to assert any arguments in reply to the Government's Response at the motion hearing. See order for additional details. Signed by Judge Steven P Logan on 11/15/2018.(LMR) (Entered: 11/15/2018)
11/15/2018 *MOTION for Leave to File Joint Reply to Response to Motion to Stay Seizure of Attorney's Fees re: Docs. 360 and 371 by Andrew Padilla, Joye Vaught as to Andrew Padilla, Joye Vaught. (Piccarreta, Michael) *Modified on 11/16/2018 to correct motion type, add document linkage and clarify defendants the filing pertains to (ATD). (Entered: 11/15/2018)
11/15/2018REPLY TO RESPONSE to Motion by Andrew Padilla, Joye Vaught as to Andrew Padilla re: 360 MOTION EMERGENCY MOTION TO STAY SEIZURE OF ATTORNEYS' FEES AND REQUEST FOR IMMEDIATE HEARING . (Attachments: # 1 Exhibit A and B)(Piccarreta, Michael) (Entered: 11/15/2018)
11/15/2018SUPPLEMENT by James Larkin 376 First MOTION Defendants Michael Lacey, James Larkin, John Brunst and Scott Spear's Emergency Motion to Stay Seizure of Attorneys' Fees and Request for Immediate Hearing filed by James Larkin. (Attachments: # 1 Exhibit A)(Bienert, Thomas) (Entered: 11/15/2018)
11/14/2018*First Emergency MOTION to Stay Seizure of Attorneys' Fees and Request for Immediate Hearing by James Larkin as to Michael Lacey, James Larkin, John Brunst and Scott Spear. (Attachments: # 1 Text of Proposed Order)(Bienert, Thomas) *Modified on 11/15/2018 text and to clarify which defendants the filing pertains to (ATD). (Entered: 11/14/2018)
11/13/2018ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst: IT IS ORDERED that Defendants' 366 Joinder In Emergency Motion To Stay Seizure Of Attorneys' Fees And Request To Extend Temporary Relief is permitted solely to the extent of allowing the Defendants to join in the limited relief requested in Defendants Andrew Padilla and Joye Vaught's Emergency Motion to Stay Seizure of Attorneys' Fees and Joinder in Defendant Padilla and Vaught's Emergency Motion to Stay Seizure of Attorneys' Fees and Request for Immediate Hearing (Doc. 360). The remainder of Defendants' 366 Joinder is stricken. Signed by Judge Steven P Logan on 11/13/2018. (ATD) (Entered: 11/13/2018)
11/13/2018RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 365 MOTION Emergency Motion to Stay Seizure of Attorneys' Fees and Request for Immediate Hearing and Joinder in Defendant Padilla and Vaught's Emergency Motion to Stay Seizure of Attorneys' Fees and Request for Immediate Hearing , 360 MOTION EMERGENCY MOTION TO STAY SEIZURE OF ATTORNEYS' FEES AND REQUEST FOR IMMEDIATE HEARING . (Kucera, John) (Entered: 11/13/2018)
11/13/2018*Emergency NOTICE of Material Development by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 360 MOTION EMERGENCY MOTION TO STAY SEIZURE OF ATTORNEYS' FEES AND REQUEST FOR IMMEDIATE HEARING , 361 Order, 366 Joinder to Motion, 369 Order. (Bernstein, Whitney) *Modified text on 11/14/2018 (ATD). (Entered: 11/13/2018)
11/13/2018*ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. That the relief requested in Counsel's Emergency Motion to Stay Seizure of Attorneys' Fees and Joinder in Defendant Padilla and Vaught's Emergency Motion to Stay Seizure of Attorneys' Fees and Request for ImmediateHearing (Doc. 365 ) is temporarily granted pending a hearing on the motion which is scheduled for November 16, 2018 at 9:00 a.m. before Judge Steven P. Logan. FURTHER ORDERED that the Plaintiff shall have until 4:00 p.m. PST on November 14, 2018 to file its Response Brief, and the unnamed defendants, parties or witnesses shall have until 12:00 p.m. PST on November 15, 2018 to file his Reply Brief. Signed by Judge Steven P Logan on 11/13/18. (MAP) *Modified to Unseal, Sealed in Error; NEF regenerated on 11/13/2018 (MAP)(CEI). (Entered: 11/13/2018)
11/9/2018***STRICKEN in part pursuant to (Doc. 375 )--*JOINDER in Emergency Motion to Stay Seizure of Attorneys' Fees and REQUEST to Extend Temporary Relief by James Larkin as to James Larkin, Michael Lacey, John Brunst, Scott Spear. (Attachments: # 1 Text of Proposed Order)(Bienert, Thomas) *Modified on 11/13/2018 to clarify which defendants the filing pertains to (ATD). Modified on 11/13/2018 (ATD). (Entered: 11/09/2018)
11/9/2018*Emergency MOTION to Stay Seizure of Attorneys' Fees and Request for Immediate Hearing and JOINDER in Defendant Padilla and Vaught's 360 Emergency Motion to Stay Seizure of Attorneys' Fees and Request for Immediate Hearing by Melissa Schneider, Ray Ronan, Maria Rhoad, Devyn Braga, Jessica Shelton, Levi Yockey, Cody Gautier, Nathan Kopeckey as to Michael Lacey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Chapman, Anne) *Modified to Seal Exhibits pursuant to doc 372 on 11/13/18 (SLQ). *Modified on 11/13/2018 to add document linkage and modify text (ATD). (Entered: 11/09/2018)
11/8/2018Additional Attachments to Main Document re: 360 MOTION EMERGENCY MOTION TO STAY SEIZURE OF ATTORNEYS' FEES AND REQUEST FOR IMMEDIATE HEARING by Andrew Padilla, Joye Vaught as to Andrew Padilla. (Attachments: # 1 Exhibit)(Piccarreta, Michael) (Entered: 11/08/2018)
11/8/2018ORDER: The relief requested in Defendant Andrew Padilla's Motion to Stay Seizure of Attorneys' Fees and Request for Immediate Hearing 360 is temporarily granted pending a hearing on the motion which is scheduled for 11/16/2018 at 09:00 AM in Courtroom 501, 401 West Washington Street, Phoenix, AZ 85003 before Judge Steven P Logan. Plaintiff shall have until 4:00 p.m. PST on 11/16/2018 to file its Response Brief, and Defendant Padilla shall have until 12:00 p.m. PST on November 15, 2018 to file his Reply Brief. Signed by Judge Steven P Logan on 11/8/2018.(LMR) (Entered: 11/08/2018)
11/8/2018*MOTION EMERGENCY MOTION TO STAY SEIZURE OF ATTORNEYS' FEES AND REQUEST FOR IMMEDIATE HEARING by Andrew Padilla, Joye Vaught as to Andrew Padilla. (Attachments: # 1 Exhibit A through F)(Piccarreta, Michael) *Modified to Seal Exhibits Pursuant to Doc. 364 on 11/9/18 (MAP). (Entered: 11/08/2018)
11/2/2018ORDER: The Joint Motion to Extend Time 358 is granted. Defendants shall have until 11/19/2018 to file responses to Government's Motion to Compel Destruction of Inadvertently Disclosed Documents 343 , Government's Motion for Access to the Joint Representation and Joint Defense Agreements Previously Submitted by Defendants Michael Lacey and James Larkin for In Camera Review 354 , and Government's Motion for Clarification Re Order to Resolve Attorney-Client Privilege Issues 355 . See order for details. Signed by Judge Steven P Logan on 11/2/2018.(LMR) (Entered: 11/02/2018)
11/2/2018*First MOTION for Extension of Time to File Response/Reply re: 355 United States' MOTION for Clarification re: 345 Order to Resolve Attorney-Client Privilege Issues , 354 MOTION for Access to the Joint Representation and Joint Defense Agreements Previously Submitted by Defendants Michael Lacey and James Larkin for In Camera Review, and [343 (SEALED)] MOTION. by Scott Spear. (Attachments: # 1 Text of Proposed Order)(Feder, Bruce) *Modified text on 11/5/2018 for clarification (ATD). (Entered: 11/02/2018)
11/1/2018ORDER: The Joint Motion (Unopposed) to Extend Time to Respond to the Government's (Sealed) Motion to Compel Destruction of Inadvertently Disclosed Documents 343 and Motion for Access to Joint Representation and Joint Defense Agreements Previously Submitted by Defendants Michael Lacey and James Larkin for In Camera Review 356 is denied without prejudice. Signed by Judge Steven P Logan on 11/1/2018.(LMR) (Entered: 11/01/2018)
10/30/2018Joint MOTION for Extension of Time to File Response/Reply re: 354 MOTION for Access to the Joint Representation and Joint Defense Agreements Previously Submitted by Defendants Michael Lacey and James Larkin for In Camera Review and [343 (Sealed)] MOTION - (UNOPPOSED MOTION FOR EXTENSION) by Scott Spear. (Attachments: # 1 Text of Proposed Order Granting Joint (Unopposed) Motion to Extend Time to Respond to [343 (SEALED)] and 354 )(Feder, Bruce) (Entered: 10/30/2018)
10/29/2018*United States' MOTION for Clarification re: 345 Order to Resolve Attorney-Client Privilege Issues by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Stone, Andrew) *Modified text on 11/5/2018 (ATD). (Entered: 10/29/2018)
10/26/2018 MOTION for Access to the Joint Representation and Joint Defense Agreements Previously Submitted by Defendants Michael Lacey and James Larkin for In Camera Review by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Kozinets, Peter) (Entered: 10/26/2018)
10/19/2018TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 10/05/2018, Judge Steven P Logan hearing judge(s). (Rapp, Kevin) (Entered: 10/19/2018)
10/19/2018TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 10/05/2018, Judge Steven P Logan hearing judge(s). (Rapp, Kevin) (Entered: 10/19/2018)
10/19/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT of HEARING ON PENDING MOTIONS - VOLUME II (Pages 61 through 136, inclusive.) proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/05/2018, before Judge Steven P. Logan. (Court Reporter: Linda Schroeder). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/9/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/17/2019. (RAP) (Entered: 10/19/2018)
10/19/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT of HEARING ON PENDING MOTIONS - VOLUME I (Pages 1 through 60, inclusive.) proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/05/2018, before Judge Steven P. Logan. (Court Reporter: Elva Cruz-Lauer). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/9/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/17/2019. (RAP) (Entered: 10/19/2018)
10/19/2018ORDER denying as moot 202 Motion for Disclosure of Documents Related to Carl Ferrer's Waiver of Privilege as Material to Disqualification (1). See order for details. Signed by Judge Steven P Logan on 10/19/2018.(LMR) (Entered: 10/19/2018)
10/18/2018*ORDER: Government's Motion to Resolve Attorney-Client Privilege Issues 195 is denied. Defendants' Cross-Motion to Obtain Discovery and Address Privilege Issues 235 is granted in part to prohibit the relief sought in the Government's Motion and denied in part as to the requested discovery. See order for details. Signed by Judge Steven P Logan on 10/18/2018.(LMR) *Modified to WO on 10/19/2018 (SLQ). (Entered: 10/18/2018)
10/17/2018341ORDER: Status Hearing set for 10/22/2018 is vacated. Status Hearing set for 4/22/2019 at 1:30 PM is affirmed. Ordered by Judge Steven P Logan on 10/17/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 10/17/2018)
10/16/2018ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Dan Hyer (5), Andrew Padilla (6), Joye Vaught (7) - IT IS ORDERED that the Motion 282 is denied without prejudice until the related Motion for Release of Certain Untainted Funds (Doc. 6) filed by Defendant James Larkin in In the Matter of the Seizure of: Any and all funds held in Republic Bank of Arizona Accounts xxxx1889, xxxx2592, xxxx1938, xxxx2912, and xxxx2500, Case No. 2:18- cv- 06742-RGK is resolved; IT IS FURTHER ORDERED that within fourteen (14) days of the issuance of a ruling on the pending Motion for Release of Certain Untainted Funds (Doc. 6) filed by Defendant James Larkin in In the Matter of the Seizure of: Any and all funds held in Republic Bank of Arizona Accounts xxxx1889, xxxx2592, xxxx1938, xxxx2912, and xxxx2500, Case No. 2:18-cv-06742-RGK, the Government may renew its application for an order seeking criminal forfeiture of property as it sees fit. (See document for complete details). Signed by Judge Steven P Logan on 10/15/18.(SLQ) (Entered: 10/16/2018)
10/15/2018ORDER denying Defendant's Motion for Itemization of Brady/Giglio Material 273 as to Andrew Padilla (6). Signed by Judge Steven P Logan on 10/15/2018.(LMR) (Entered: 10/15/2018)
10/12/2018ORDER denying Government's Motion to Disqualify Counsel 118 . See order for details. Signed by Judge Steven P Logan on 10/12/2018.(LMR) (Entered: 10/12/2018)
10/5/2018MINUTE ENTRY for proceedings held before Judge Steven P Logan: Motion Hearing as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/5/2018. The following motions are argued to the Court: Government's Motion to Disqualify Counsel (Doc. 118 ), Government's Motion to Resolve Attorney-Client Privilege Issues (Doc. 195 ), Defendant Lacey's Motion for Disclosure of Documents Related to Carl Ferrer's Waiver of Privilege as Material to Disqualification (Doc. 202 ), Defendant Larkin's Cross-Motion to Obtain Discovery and Address Privilege Issues (Doc. 235 ), Defendant Padilla's Motion for Itemization of Brady/Giglio Material (Doc. 273 ) Government's Application for Order Regarding Criminal Forfeiture of Property in Government Custody (Doc. 282 ). The motions are taken under advisement. (Court Reporter Elva Cruz-Lauer.) Hearing held 9:12 AM to 12:38 PM.(SLQ) (Entered: 10/05/2018)
10/5/2018TRANSCRIPT REQUEST by James Larkin for proceedings held on 10/5/18, Judge Steven P Logan hearing judge(s). (Bienert, Thomas) (Entered: 10/05/2018)
10/4/2018***Remark as to James Larkin re: Pro hac vice motion granted for Seetha Ramachandran: This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 10/04/2018)
10/4/2018333ORDER pursuant to General Order 09-08 terminating 332 Motion for Admission Pro Hac Vice as to James Larkin (2). Attorney notified to refile pro hac motion into master case and pay filing fee. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/04/2018)
10/4/2018 MOTION for Admission Pro Hac Vice of Seetha Ramachandran by James Larkin. (Attachments: # 1 Certificate of Good Standing)(Ramachandran, Seetha) (Entered: 10/04/2018)
10/4/2018*SUPPLEMENT by James Larkin 118 MOTION to Disqualify Counsel filed by USA. (Attachments: # 1 Affidavit, # 2 Supplement, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Affidavit)(Bienert, Thomas) *Modified on 10/5/2018 to seal Exhibit 2 pursuant to Doc. 336 (ATD). (Entered: 10/04/2018)
10/3/2018ORDER granting Government's Motion for Leave to Appear Telephonically 329 . Assistant U.S. Attorneys Kevin M. Rapp, John J. Kucera, and Reginald E. Jones may appear telephonically for the motions hearing set for 10/5/2018 at 9:00 a.m. Counsel shall conference together on one line and then call the Court no later than five minutes prior to the start of the hearing. See order for additional details. Signed by Judge Steven P Logan on 10/3/2018.(LMR) (Entered: 10/03/2018)
10/1/2018 MOTION for Leave to Appear Telephonic as to attorney Kevin Rapp by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Rapp, Kevin) (Entered: 10/01/2018)
9/27/2018328MINUTE ORDER/NOTICE: The parties are advised that all pending motions will be addressed at the upcoming motions hearing set for 10/5/2018 at 9:00 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 09/27/2018)
9/27/2018ORDER denying non-party Royce Corley's Motion for Court Documents 244 . See order for details. Signed by Judge Steven P Logan on 9/27/2018.(LMR) (Entered: 09/27/2018)
9/27/2018REPLY TO RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 282 MOTION for Forfeiture of Property Government's Application for Order Regarding Criminal Forfeiture of Property in Government Custody. (SLQ) (Entered: 09/27/2018)
9/27/2018ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Dan Hyer (5), Andrew Padilla (6), Joye Vaught (7) - IT IS ORDERED that the Plaintiff's Motion for Leave to Late File Reply on Defendant James Larkin's Opposition in Response to United States' Application for Order Regarding Criminal Forfeiture of Property in Government Custody (Doc. 303 ) is granted. The Clerk of Court shall file the lodged Reply (Doc. 303 -1). Signed by Judge Steven P Logan on 9/27/18.(SLQ) (Entered: 09/27/2018)
9/27/2018REPLY TO RESPONSE to Motion by James Larkin re: 235 MOTION to Obtain Discovery and Address Privilege Issues re: 195 MOTION to Resolve Attorney-Client Privilege Issues . (SLQ) (Entered: 09/27/2018)
9/27/2018ORDER as to James Larkin (2) - Before the Court is Defendant James Larkin's Motion for Leave to Late File Reply on Cross-Motion for Discovery in Response to United States' Motion to Resolve Privilege Issues. (Doc. 295 ) Having reviewed Defendant's motion, IT IS ORDERED that the Defendants Motion for Leave to Late File Reply on Cross-Motion for Discovery in Response to United States' Motion to Resolve Privilege Issues (Doc. 295 ) is granted. The Clerk of Court shall file the lodged Reply (Doc. 295 -1). Signed by Judge Steven P Logan on 9/27/18.(SLQ) (Entered: 09/27/2018)
9/21/2018JOINDER to 304 Response in Opposition by Michael Lacey. (Cambria, Paul) (Entered: 09/21/2018)
9/21/2018NOTICE of Waiver of Personal Appearance at Hearing by Joye Vaught. (Weiss, Stephen) (Entered: 09/21/2018)
9/21/2018NOTICE of Waiver of Personal Appearance at Hearing by Michael Lacey. (Cambria, Paul) (Entered: 09/21/2018)
9/21/2018NOTICE OF WAIVER OF PERSONAL APPEARANCE AT HEARING by Andrew Padilla. (Piccarreta, Michael) (Entered: 09/21/2018)
9/20/2018*JOINDER to 310 Defendant Padilla's Reply by Joye Vaught. (Weiss, Stephen) *Modified to add document link; attorney noticed on 9/21/2018 (SLQ). (Entered: 09/20/2018)
9/18/2018*JOINDER to 304 Response in Opposition by Joye Vaught. (Weiss, Stephen) *Modified to add document link on 9/18/2018 (SLQ). (Entered: 09/18/2018)
9/18/2018REPLY TO RESPONSE to Motion by Andrew Padilla re: 273 MOTION MOTION FOR ITEMIZATION OF BRADY/GIGLIO MATERIAL . (Piccarreta, Michael) (Entered: 09/18/2018)
9/18/2018JOINDER to 304 Response in Opposition by Andrew Padilla. (Piccarreta, Michael) (Entered: 09/18/2018)
9/17/2018*JOINDER of Defendant Brunst 's Joinder in Defendant Larkin's Response to Government's Motion for Leave to File Untimely Response Re: Forfeiture by John Brunst re: 304 Response in Opposition. (Kimerer, Michael) *Modified to correct event type on 9/17/2018 (EJA). (Entered: 09/17/2018)
9/14/2018JOINDER to 304 Response in Opposition by Scott Spear.. (Feder, Bruce) (Entered: 09/14/2018)
9/14/2018ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: The referral to Magistrate Judge Bridget S. Bade for ruling on the Government's Motion to Disqualify Counsel 118 , the Motion to Resolve Attorney-Client Privilege 195 , the Motion for Discovery 202 and the Cross-Motion to Obtain Discovery and Address Privilege Issues 235 is vacated. The hearing on pending motions set for 10/4/2018 is vacated and reset for 10/5/2018 at 9:00 AM in Courtroom 501, 401 West Washington Street, Phoenix, AZ 85003 before Judge Steven P. Logan. Signed by Judge Steven P Logan on 9/14/2018.(LMR) (Entered: 09/14/2018)
9/14/2018305ORDER as to Andrew Padilla (6): 297 Motion for Extension of Time to File Reply to Response to Motion for Itemization of Brady/Giglio Material is granted. The deadline for Andrew Padilla to file a reply to the Government's Motion for Itemization of Brady/Giglio Material is extended to 9/18/2018. Signed by Judge Steven P Logan on 9/14/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 09/14/2018)
9/14/2018RESPONSE in Opposition by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 303 MOTION for Leave to Late File Reply re: Application for Order Regarding Criminal Forfeiture of Property in Government Custody . (Attachments: # 1 Exhibit A)(Bisconti, Anthony) (Entered: 09/14/2018)
9/12/2018*Attachment 1 filed at 326 * MOTION for Leave to Late File Reply re: Application for Order Regarding Criminal Forfeiture of Property in Government Custody by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Kucera, John) Modified on 9/27/2018 (SLQ). (Entered: 09/12/2018)
9/11/2018NOTICE of Government's Filing of Recorded Lis Pendens as to Real Property Located in Napa County, California by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Kucera, John) (Entered: 09/11/2018)
9/11/2018NOTICE of Government's Filing of Recorded Lis Pendens as to Real Property Located in San Francisco County, California by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Kucera, John) (Entered: 09/11/2018)
9/11/2018NOTICE of Government's Filing of Recorded Lis Pendens as to Real Property Located in San Francisco County, California by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Kucera, John) (Entered: 09/11/2018)
9/11/2018NOTICE of Government's Filing of Recorded Lis Pendens as to Real Property Located in Sonoma County, California by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Kucera, John) *Modified text on 9/11/2018 (SLQ). (Entered: 09/11/2018)
9/11/2018NOTICE Government's Filing of Recorded Lis Pendens as to Real Property Located in San Francisco County, California by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Kucera, John) (Entered: 09/11/2018)
9/6/2018First MOTION for Extension of Time to File Response/Reply re: 294 Response to Motion FOR ITEMIZATION OF BRADY/GIGLIO MATERIAL by Andrew Padilla. (Attachments: # 1 Text of Proposed Order)(Piccarreta, Michael) (Entered: 09/06/2018)
9/4/2018*Attachment 1 filed at 324 * First MOTION for Leave to Late File Reply on Cross-Motion for Discovery in Response to United States' Motion to Resolve Privilege Issues by James Larkin. (Attachments: # 1 Exhibit Reply on Cross-Motion for Discovery in Response to United States' Motion to Resolve Privilege Issues, # 2 Text of Proposed Order)(Bienert, Thomas) Modified on 9/27/2018 (SLQ). (Entered: 09/04/2018)
9/4/2018RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 273 MOTION MOTION FOR ITEMIZATION OF BRADY/GIGLIO MATERIAL . (Attachments: # 1 Exhibit A)(Kozinets, Peter) (Entered: 09/04/2018)
8/31/2018JOINDER to 285 Response in Opposition by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Cambria, Paul) (Entered: 08/31/2018)
8/30/2018291MINUTE ORDER: The Court will hear oral argument on the following motions: MOTION to Disqualify Counsel (Doc. 118), MOTION to Resolve Attorney-Client Privilege Issues (Doc. 195), First MOTION for Discovery of Carl Ferrer's Waiver of Privilege as Material to Disqualification (Doc. 202), and CROSS-MOTION to Obtain Discovery and Address Privilege Issues (Doc. 235). IT IS ORDERED that a Motion Hearing is set for 10/4/2018 at 01:30 PM in Courtroom 304, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Bridget S. Bade. A total of 120 minutes of argument will be allowed (60 minutes per side). This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BSB, ew) (Entered: 08/30/2018)
8/30/2018NOTICE of Joinder by John Brunst as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: 285 Response in Opposition. (Kimerer, Michael) (Entered: 08/30/2018)
8/30/2018JOINDER to 285 Response in Opposition by Scott Spear as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught.. (Feder, Bruce) (Entered: 08/30/2018)
8/29/2018Additional Attachments to Main Document re: 286 Additional Attachments to Main Document, 285 Response in Opposition, 287 Additional Attachments to Main Document by James Larkin. (Attachments: # 1 Exhibit C, # 2 Exhibit D)(Bienert, Thomas) (Entered: 08/29/2018)
8/29/2018Additional Attachments to Main Document re: 286 Additional Attachments to Main Document, 285 Response in Opposition by James Larkin. (Attachments: # 1 Exhibit B Part 2)(Bienert, Thomas) (Entered: 08/29/2018)
8/29/2018Additional Attachments to Main Document re: 285 Response in Opposition by James Larkin. (Attachments: # 1 Exhibit B Part 1)(Bienert, Thomas) (Entered: 08/29/2018)
8/29/2018RESPONSE in Opposition by James Larkin re: 282 MOTION for Forfeiture of Property Government's Application for Order Regarding Criminal Forfeiture of Property in Government Custody . (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit A)(Bienert, Thomas) (Entered: 08/29/2018)
8/29/2018284ORDER granting 283 Motion to Continue Sentencing as to Dan Hyer (5). Sentencing set for 11/19/2018 is continued to 5/20/2019 at 03:30 PM in Courtroom 501, 401 West Washington Street, Phoenix, AZ 85003 before Judge Steven P Logan. Ordered by Judge Steven P Logan on 8/28/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 08/29/2018)
8/28/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT of CHANGE OF PLEA HEARING proceedings as to Dan Hyer held on 08/17/2018, before Judge Steven P. Logan. (Court Reporter: Elva Cruz-Lauer). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/18/2018. Redacted Transcript Deadline set for 9/28/2018. Release of Transcript Restriction set for 11/26/2018. (RAP) (Entered: 08/30/2018)
8/28/2018First MOTION to Continue Sentencing by USA as to Dan Hyer. (Attachments: # 1 Text of Proposed Order)(Rapp, Kevin) (Entered: 08/28/2018)
8/27/2018 MOTION for Forfeiture of Property Government's Application for Order Regarding Criminal Forfeiture of Property in Government Custody by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # 1 Text of Proposed Order)(Kucera, John) (Entered: 08/27/2018)
8/24/2018*NOTICE of Bill of Particulars re: Forfeiture of Property by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Perlmeter, Margaret) *Modified to correct event; attorney noticed on 8/24/2018 (SLQ). (Entered: 08/24/2018)
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