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USA v. Baugh et al

1:20-cr-10263 | Massachusetts District Court

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Division Boston
Judge Judge Patti B. Saris
Filed Nov. 3, 2020
Terminated Oct. 4, 2022
Case Flags CLOSED and VICTIM
Last Updated: 6 months, 3 weeks ago Show Interactive Timeline
Filing Date # Docket Text
12/18/2023
  • Order
Judge Patti B. Saris: ORDER entered on United States' Motion for Continued Sealing of Docket No. 227- 1 as to Jim Baugh.

The Government is ORDERED to file a redacted version of Docket No. 227-1 to be filed under seal by no later than (1/2/2024). See ORDER attached for further details.

(Geraldino-Karasek, Clarilde) (Entered: 12/18/2023)

2/14/2023SATISFACTION OF JUDGMENT as to David Harville (Head, Carol) (Entered: 02/14/2023)
2/3/2023252
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered as to Jim Baugh re 251 Notice Concerning Docket No. 250 filed by USA.

The Court has reviewed an ex-parte sealed affidavit. Based on this review, the Court finds good cause for sealing the defendant's letter submitted at the sentencing hearing. (Geraldino-Karasek, Clarilde) (Entered: 02/03/2023)

2/3/2023 NOTICE Concerning Docket No. 250 by USA as to Jim Baugh, David Harville (Kosto, Seth) (Entered: 02/03/2023)
1/23/2023
  • Motion to Seal
MOTION to Seal Document (Continued Sealing as to 227-1) as to Jim Baugh, David Harville by USA. (Attachments: # 1 Text of Proposed Order)(Kosto, Seth) (Entered: 01/23/2023)
1/17/2023
  • Motion for Judgment
Judgment Returned Executed as to David Harville on 1/11/2023. (Geraldino-Karasek, Clarilde) (Entered: 01/17/2023)
1/13/2023248
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered Granting 247 Assented To Motion for Extension Time to January 23, 2023 to File Proposal as to Jim Baugh. (Entered: 01/13/2023)
1/12/2023Assented to MOTION for Extension of Time to January 23, 2023 to File Proposal Concerning Document 227-1 as to Jim Baugh by USA. (Kosto, Seth) (Entered: 01/12/2023)
1/3/2023
  • Order
Judge Patti B. Saris: ENDORSED ORDER entered re 245 Motion to Seal Document (Unopposed) as to Jim Baugh (1). " Allowed without opposition." (Geraldino-Karasek, Clarilde) (Entered: 01/03/2023)
12/9/2022
  • Motion to Seal
MOTION to Seal Document (Unopposed) as to Jim Baugh by USA. (Kosto, Seth) (Entered: 12/09/2022)
12/7/2022SATISFACTION OF JUDGMENT as to Jim Baugh (Head, Carol) (Entered: 12/07/2022)
10/7/2022242NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Coppola, Katelyn) (Entered: 10/14/2022)
10/7/2022Transcript of Sentencing as to David Harville held on September 29, 2022, before Judge Patti B. Saris. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 10/28/2022. Redacted Transcript Deadline set for 11/7/2022. Release of Transcript Restriction set for 1/5/2023. (Coppola, Katelyn) (Entered: 10/14/2022)
10/7/2022240NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Coppola, Katelyn) (Entered: 10/14/2022)
10/7/2022Transcript of Sentencing as to Jim Baugh held on September 29, 2022, before Judge Patti B. Saris. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 10/28/2022. Redacted Transcript Deadline set for 11/7/2022. Release of Transcript Restriction set for 1/5/2023. (Coppola, Katelyn) (Entered: 10/14/2022)
10/4/2022
  • Order
Judge Patti B. Saris: ORDER entered. JUDGMENT as to David Harville (2). Counts 1, 4-5, 8-9, Sentence Imposed: 24 Months Imprisonment; 2 Years Supervised Release; $20,000 Fine; $500 Special Assessment; Standard and Special Conditions of Supervised Release.

REC TO BOP: As close as possible to Nevada. Self Report to BOP on January 11, 2023.

(Geraldino-Karasek, Clarilde) (Entered: 10/04/2022)

10/4/2022
  • Order
Judge Patti B. Saris: ORDER entered. JUDGMENT as to Jim Baugh (1). Counts 1, 2-3, 6-7, 10-11, 13-14. Sentence Imposed: 57 Month Imprisonment; $900 Special Assessment; $40,000 Fine-interest waived; 2 Years Supervised Release, Standard & Special Conditions.

Self Surrender to Institution designated by BOP 1/11/2023. REC TO BOP: A facility as close as possible to Arkansas. (Geraldino-Karasek, Clarilde) (Entered: 10/04/2022)

10/3/2022233
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered Allowed re 231 Assented to Motion to Continue Surrender Date as to Jim Baugh (1).

SELF- SURRENDER DATE: JANUARY 11, 2023.

(Geraldino-Karasek, Clarilde) (Entered: 10/03/2022)

9/30/2022Assented to MOTION to Continue Surrender Date to Jan. 11, 2023 as to Jim Baugh. (Fick, William) (Entered: 09/30/2022)
9/29/2022232Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Sentencing held on 9/29/2022 for David Harville on Counts 1,4-5, 8-9

Sentence Imposed: 24 Months Imprisonment all to run concurrently with each other; 2 Years Supervised Release; $20,000 Fine; $500 Special Assessment; Standard and Special Conditions of Supervised Release. Drug Testing suspended.

Court imposes One additional Special Condition - Not to Travel to Massachusetts. All conditions of supervision remain in effect.

REC TO BOP: As close as possible to Nevada. Self Report to the Institution designated by the BOP on January 11, 2023 no later than 2pm.

(Ausa Kosko, Atty Gelb, Levitt, PO Golus);Court Reporter Name and Contact or digital recording information: Lee Marzilli at leemarz@aol.com. (Molloy, Maryellen) (Entered: 10/03/2022)

9/29/2022230Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Sentencing held on 9/29/2022 IN PERSON for Jim Baugh on Counts 1, 2-3,6-7,10-11, 13-14.

Sentence Imposed: 57 Months Imprisonment; $900 Special Assessment; $40,000 Fine-interest waived; 2 Years Supervised Release, Standard & Special Conditions. Self Surrender to Institution designated by BOP 12/7/2022. REC TO BOP: A facility as close as possible to Arkansas, court adjourned.(Ausa Kosko, Atty Fick, Marx, PO Golus)Court Reporter Name and Contact or digital recording information: Lee Marzilli at leemarz@aol.com. (Entered: 09/29/2022)

9/28/2022APPENDIX/EXHIBIT by David Harville (Levitt, Peter) (Entered: 09/28/2022)
9/28/2022(2) Victim Impact Statements as to Jim Baugh, David Harville (Attachments: # 1 Victim Impact Statement)(Geraldino-Karasek, Clarilde) (Entered: 09/28/2022)
9/27/2022SENTENCING MEMORANDUM by Jim Baugh (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Fick, William) (Entered: 09/27/2022)
9/26/2022226Notice of correction to docket made by Court staff as to David Harville: Sentencing Memorandum by David Harville, docket no. 223 withdrawn by Counsel. Please see Docket no. 225 for ( AMENDED ) Sentencing Memorandum by David Harville filed.

(Geraldino-Karasek, Clarilde) (Entered: 09/26/2022)

9/24/2022( AMENDED ) SENTENCING MEMORANDUM by David Harville (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Levitt, Peter) Modified docket text on 9/26/2022 (Geraldino-Karasek, Clarilde). (Entered: 09/24/2022)
9/23/2022SENTENCING MEMORANDUM by USA as to Jim Baugh, David Harville (Attachments: # 1 Exhibit Exhibit A)(Kosto, Seth) (Main Document 224 replaced on 9/28/2022 to correct document typo) (Geraldino-Karasek, Clarilde). (Entered: 09/23/2022)
9/23/2022(WITHDRAWN ) SENTENCING MEMORANDUM by David Harville (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Levitt, Peter) Modified docket text on 9/26/2022 (Geraldino-Karasek, Clarilde). (Entered: 09/23/2022)
8/23/2022222ELECTRONIC NOTICE OF RESCHEDULING as to David Harville

Sentencing reset to 9/29/2022 11:30 AM in Courtroom 19 IN PERSON before Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 08/23/2022)

8/23/2022221ELECTRONIC NOTICE OF RESCHEDULING as to Jim Baugh

Sentencing set for 9/29/2022 at 09:30 AM in Courtroom 19 IN PERSON before Judge Patti B. Saris.

(Molloy, Maryellen) (Entered: 08/23/2022)

8/23/2022220Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Status Conference as to Jim Baugh, David Harville held on 8/23/2022 BY VIDEO

Ordered: Sentencing hearings reset to 9/29/2022 as follows.

Defendant - Jim Baugh Sentencing hearing will go forward on 9/29/2022 at 9:30 AM IN PERSON.

Defendant - David Harville Sentencing hearing will go forward on 9/29/2022 at 11:30 AM IN PERSON

Court Reporter Name and Contact or digital recording information: Debra Joyce at joycedebra@gmail.com. (Molloy, Maryellen) (Entered: 08/23/2022)

8/12/2022219 ELECTRONIC NOTICE RESETTING TIME ONLY FROM 9:30am to 10:30am ( 8/23/22- STATUS CONFERENCE) as to Jim Baugh, David Harville

This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.

Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.

For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.

Status Conference will go forward on 8/23/2022 at 10:30 AM BY VIDEO before Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 08/12/2022)
8/4/2022218ELECTRONIC NOTICE OF STATUS CONFERENCE BY VIDEO as to Jim Baugh, David Harville :

Status Conference set for 8/23/2022 09:30 AM BY VIDEO before Judge Patti B. Saris.

This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.

Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.

For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.

(Geraldino-Karasek, Clarilde) (Entered: 08/04/2022)
8/4/2022Terminate Deadlines as to Jim Baugh, David Harville. (Geraldino-Karasek, Clarilde) (Entered: 08/04/2022)
7/6/2022215NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Coppola, Katelyn) (Entered: 07/12/2022)
7/6/2022Transcript of Rule 11 Hearing as to David Harville held on May 12, 2022, before Judge Patti B. Saris. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 7/27/2022. Redacted Transcript Deadline set for 8/8/2022. Release of Transcript Restriction set for 10/4/2022. (Coppola, Katelyn) (Entered: 07/12/2022)
5/17/2022
  • Order
Judge Patti B. Saris: ORDER entered. AMENDED PROCEDURAL ORDER re: (Booker) Sentencing hearing as to David Harville

Sentencing set for 10/6/2022 02:00 PM in Courtroom 19 IN PERSON before Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 05/17/2022)

5/12/2022209Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris:

Court conducts colloquy with defendant, finds that he knowingly and voluntarily waives his right to be physically present at the courthouse, hearing proceeds by VIDEO.

Rule 11 Hearing as to David Harville held on 5/12/2022, Plea Agreement filed. Plea entered by David Harville. Guilty on Count 1,4-5,8-9. Sentencing set for 10/6/2022 02:00 PM in Courtroom 19 IN PERSON before Judge Patti B. Saris.

Defendant remains out on conditions of release, defendant has been fully compliant with all his conditions of release.

The US Attorney agrees to dismiss Counts 12 & 15 of the Indictment following imposition of sentence at the sentencing hearing.

(Atty present by video: Ausa Kosto, Atty Gelb, Levitt)Court Reporter Name and Contact or digital recording information: Lee Marzilli at leemarz@aol.com. (Molloy, Maryellen) (Molloy, Maryellen) (Entered: 05/13/2022)

5/12/2022
  • Order
Judge Patti B. Saris: ENDORSED ORDER entered re 203 Joint MOTION for Relief from Rule 17(c) Subpoenas as to Jim Baugh (1).

" Allowed. Both Defendants have entered guilty plead. This ruling is without prejudice to any request for rule 17(c) subpoenas for the sentencing hearings."

(Geraldino-Karasek, Clarilde) (Entered: 05/12/2022)

5/11/2022PLEA AGREEMENT as to David Harville (Kosto, Seth) (Entered: 05/11/2022)
5/10/2022206ELECTRONIC NOTICE OF HEARING BY VIDEO as to David Harville:

RULE 11 HEARING SET FOR 5/12/2022 02:00 PM BY VIDEO before Judge Patti B. Saris.

This hearing will be conducted by VIDEO CONFERENCE. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.

Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.

For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.

(Geraldino-Karasek, Clarilde) (Entered: 05/10/2022)
5/9/2022211NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Coppola, Katelyn) (Entered: 05/14/2022)
5/9/2022Transcript of Rule 11 as to Jim Baugh held on April 25, 2022, before Judge Patti B. Saris. Court Reporter Name and Contact Information: Marianne Kusa-Ryll at justicehill@aol.com The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 5/31/2022. Redacted Transcript Deadline set for 6/9/2022. Release of Transcript Restriction set for 8/8/2022. (Coppola, Katelyn) (Entered: 05/14/2022)
5/6/2022205
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED re 204 Assented to MOTION for Extension of Time to File Pretrial Motion as to David Harville (2).

SET DEADLINES AS TO: Pretrial Motions due by 5/12/2022.

(Geraldino-Karasek, Clarilde) (Entered: 05/06/2022)

5/5/2022Assented to MOTION for Extension of Time to May 12, 2022 to File Pretrial Motion as to David Harville. (Levitt, Peter) (Entered: 05/05/2022)
4/27/2022
  • Motion
Joint MOTION for Relief from Rule 17(c) Subpoenas as to Jim Baugh by Morgan Lewis & Bockius LLP, eBay Inc.. (Pirozzolo, Jack) (Entered: 04/27/2022)
4/25/2022
  • Order
Judge Patti B. Saris: ORDER entered. AMENDED PROCEDURAL ORDER re (booker)sentencing hearing as to Jim Baugh

Sentencing set for 9/29/2022 02:30 PM in Courtroom 19 IN PERSON before Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 04/25/2022)

4/25/2022201Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Rule 11 Hearing as to Jim Baugh held on 4/25/2022 BY VIDEO

Court conducts colloquy with defendant, finds that he knowingly and voluntarily waives his right to be physically present at the courthouse, hearing proceeds by video.

NO PLEA AGREEMENT FILED

Plea entered by Jim Baugh - Guilty on Counts 1,2-3,6-7,10-11,13-14; Plea accepted

Sentencing set for 9/29/2022 02:30 PM in Courtroom 19 IN PERSON before Judge Patti B. Saris.

Defendant released on same terms of supervision, defendant has been in compliance with all conditions of release.

(Ausa Kosta, Atty Fick)Court Reporter Name and Contact or digital recording information: Marianne Kusa-Ryll at justicehill@aol.com. (Molloy, Maryellen) (Entered: 04/25/2022)

4/19/2022200ELECTRONIC NOTICE RESCHEDULING RULE 11 HEARING FROM 4/22/2022 TO 4/25/2022 as to JIM BAUGH

This hearing will be conducted by VIDEO CONFERENCE. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.

Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.

For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.

Rule 11 Hearing RESET FROM 4/22/2022 TO 4/25/2022 AT 10:30 AM BY VIDEO before Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 04/19/2022)
4/19/2022199ELECTRONIC NOTICE OF RULE 11 HEARING as to JIM BAUGH

This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.

Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.

For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.

Rule 11 Hearing set for 4/22/2022 09:00 AM BY VIDEO before Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 04/19/2022)
4/19/2022198
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered Granting 197 Joint Motion for Rule 11 Hearing as to Jim Baugh (1)...Rule 11 set for 4/22/2022 at 9:00 AM BY VIDEO. (Molloy, Maryellen) (Entered: 04/19/2022)
4/19/2022Assented to MOTION for Rule 11 Hearing conducted by Zoom as to Jim Baugh. (Fick, William) (Entered: 04/19/2022)
4/11/2022Judge Patti B. Saris: MEMORNADUM AND ORDER entered as as to Jim Baugh, David Harville.

The Court DENIES the motions to dismiss for lack of venue with respect to Counts 11, 12, 13,14, and 15.( Docket No. 114 ).

(Geraldino-Karasek, Clarilde) (Entered: 04/11/2022)

3/30/2022Judge Patti B. Saris: MEMORANDUM AND ORDER entered. The Court DENIES Defendants'motions to compel, (Docket No. 73 and 77 ). (Geraldino-Karasek, Clarilde) (Entered: 03/30/2022)
3/16/2022
  • Response
RESPONSE TO COURT ORDER by eBay Inc. as to Jim Baugh, David Harville (Attachments: # 1 Exhibit 1)(Pirozzolo, Jack) (Entered: 03/16/2022)
3/15/2022 Letter (non-motion) regarding Order Denying Motion to Dismiss as to Jim Baugh (Fick, William) (Entered: 03/15/2022)
3/11/2022NOTICE OF ATTORNEY APPEARANCE: Peter K. Levitt appearing for David Harville. Type of Appearance: Retained. (Levitt, Peter) (Entered: 03/11/2022)
3/9/2022191 NOTICE....eBay shall provide the Court a copy of the PowerPoint deck presented to the government through a filing on the docket on or before 3/16/2022. (Molloy, Maryellen) (Entered: 03/09/2022)
3/4/2022
  • Pretrial Order
Judge Patti B. Saris: PRETRIAL ORDER entered as to Jim Baugh, David Harville :

PRETRIAL CONFERENCE AND HEARING ON MOTIONS IN LIMINE set for 5/19/2022 02:30 PM in Courtroom 19 (IN PERSON) before Judge Patti B. Saris.

JURY TRIAL SET FOR 5/31/2022 09:00 AM in Courtroom 19 (IN PERSON) before Judge Patti B. Saris.

(Geraldino-Karasek, Clarilde) (Entered: 03/04/2022)

3/4/2022AFFIDAVIT by Morgan Lewis & Bockius LLP as to Jim Baugh, David Harville 182 Response to Court Order filed by Morgan Lewis & Bockius LLP (Hall, Emma) (Main Document 189 replaced to disclose attachments. Additional attachments added on 3/8/2022: # 1 Exhibits and Certificate of Service ) (Geraldino-Karasek, Clarilde). (Entered: 03/04/2022)
3/3/2022
  • Motion
PROPOSED ORDER(S) submitted by USA as to Jim Baugh, David Harville (Kosto, Seth) (Entered: 03/03/2022)
3/2/2022Judge Patti B. Saris: MEMORANDUM AND ORDER entered as to Jim Baugh, David Harville.

The Motions to Dismiss the Indictments for lack of specificity and failure to state an offense as to the obstruction counts (Docket Nos. 114 and 116 ) are DENIED. (Geraldino-Karasek, Clarilde) (Entered: 03/02/2022)

3/1/2022
  • Response
RESPONSE TO COURT ORDER by Morgan Lewis & Bockius LLP, eBay Inc. as to Jim Baugh, David Harville (Attachments: # 1 Attachment A, # 2 Attachment B)(Pirozzolo, Jack) (Entered: 03/01/2022)
3/1/2022185
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED re 184 Assented to MOTION for Extension of Time to File a Declaration Regarding Witness Interviews and Disclosures to the Government as to Jim Baugh (1), David Harville (2) (Geraldino-Karasek, Clarilde) (Entered: 03/01/2022)
2/28/2022Assented to MOTION for Extension of Time to March 1, 2022 to File a Declaration Regarding Witness Interviews and Disclosures to the Government as to Jim Baugh, David Harville by Morgan Lewis & Bockius LLP, eBay Inc.. (Pirozzolo, Jack) (Entered: 02/28/2022)
2/10/2022Supplemental AFFIDAVIT in Support of Jack W. Pirozzolo, Esq.; by eBay Inc. as to Jim Baugh re 141 MOTION to Quash Rule 17(c) Subpoena, 137 MOTION to Quash Rule 17(c) Subpoenas Issued to eBay Inc. and Morgan, Lewis & Bockius LLP (Attachments: # 1 Exhibit 1 (Redacted), # 2 Exhibit 2 (Redacted), # 3 Exhibit 3 (Redacted))(Pirozzolo, Jack) (Additional attachment(s) added on 3/9/2022: # 4 Exhibit 1 (Sealed -Unredacted), # 5 Exhibit 2- (Sealed -Unredacted), # 6 Exhibit 3 (Sealed -Unredacted)) (Geraldino-Karasek, Clarilde). (Entered: 02/10/2022)
2/10/2022
  • Response
RESPONSE TO COURT ORDER by Morgan Lewis & Bockius LLP as to Jim Baugh, David Harville (Attachments: # 1 Affidavit Declaration of Nathan J. Andrisani)(Hall, Emma) (Entered: 02/10/2022)
2/8/2022
  • Motion for Protective Order
Judge Patti B. Saris: ORDER entered. PROTECTIVE ORDER as to Jim Baugh.

"However, this agreement does not bind the Court, to the extend it finds information is not confidential." (Geraldino-Karasek, Clarilde) (Entered: 02/08/2022)

2/8/2022178
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered Allowed re 176 MOTION for Protective Order as to Jim Baugh (1) (Geraldino-Karasek, Clarilde) (Entered: 02/08/2022)
2/7/2022181NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Coppola, Katelyn) (Entered: 02/10/2022)
2/7/2022Transcript of Motion Hearing as to Jim Baugh, David Harville held on January 28, 2022, before Judge Patti B. Saris. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 2/28/2022. Redacted Transcript Deadline set for 3/10/2022. Release of Transcript Restriction set for 5/9/2022. (Coppola, Katelyn) (Main Document 180 replaced on 3/22/2022 Due to incorrect name being on the "Appearances" page) (Coppola, Katelyn). (Entered: 02/10/2022)
2/4/2022Judge Patti B. Saris: MEMORANDUM AND ORDER entered as to David Harville:

Harville's motion to dismiss the indictment on grounds of duplicity, multiplicity, and failure to state a course of conduct (Docket No. 116 is DENIED.

(Geraldino-Karasek, Clarilde) (Entered: 02/04/2022)

2/4/2022
  • Motion for Protective Order
MOTION for Protective Order (Unopposed) as to Jim Baugh by Morgan Lewis & Bockius LLP, eBay Inc.. (Attachments: # 1 Exhibit A)(Pirozzolo, Jack) (Entered: 02/04/2022)
2/4/2022175
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED 174 Assented to MOTION to Modify Conditions of Release as to Jim Baugh (1) (Geraldino-Karasek, Clarilde) (Entered: 02/04/2022)
2/2/2022Assented to MOTION to Modify Conditions of Release as to Jim Baugh. (Fick, William) (Entered: 02/02/2022)
2/1/2022173SET SCHEDULING ORDER DEADLINES as to Jim Baugh, David Harville :

Motion to Suppress due by 3/1/2022; Oppositions due by 3/22/2022.

PRETRIAL CONFERENCE AND HEARING ON MOTIONS IN LIMINE set for 5/19/2022 02:30 PM in Courtroom 19 (IN PERSON ONLY) before Judge Patti B. Saris.

JURY TRIAL SET FOR 5/31/2022 09:00 AM in Courtroom 19 (IN PERSON ONLY) before Judge Patti B. Saris. (Geraldino-Karasek, Clarilde) (Entered: 02/01/2022)

1/31/2022 NOTICE of "Proposed Pretrial Order" as to Jim Baugh, David Harville. Parties shall confer and file the Pretrial Order for the Court's approval by 2/4/2022. (Molloy, Maryellen) (Entered: 01/31/2022)
1/28/2022171
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered. ORDER ON EXCLUDABLE DELAY as to Jim Baugh, David Harville. Time excluded from 1/28/2022 until 5/31/2022. Reason for entry of order on excludable delay: 18 USC 3161(h)(7)(A) Interests of justice. (Molloy, Maryellen) (Entered: 01/28/2022)
1/28/2022170Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Motion Hearing held by Video on 1/28/2022 on all pending motions:

ORDERED:

Feb 4, 2022 eBay to produce agreed materials

Feb 28, 2022 eBay and Morgan Lewis to produce declaration regarding witness interviews and disclosures to government

March 1, 2022 motion to suppress

March 2, 2022 government to disclose Jencks Act materials and experts 90 days before trial

March 22, 2022 government shall file a response to motion to suppress

Pretrial set for May 19, 2022 at 2:30 PM IN PERSON.

Jury Trial set for May 31, 2022 at 9:00 AM

Parties agree to exclude all time to 5/31/2022.

Court Reporter Name and Contact or digital recording information: Lee Marzilli at leemarz@aol.com. (Molloy, Maryellen) (Entered: 01/28/2022)

1/28/2022
  • Motion to Dismiss (Demurrer)by Δ
REPLY TO RESPONSE to Motion by Jim Baugh re 114 MOTION to Dismiss Counts X, XI, XIII, and XIV of the Indictment (Attachments: # 1 Exhibit A)(Marx, Daniel) (Entered: 01/28/2022)
1/28/2022168
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered Allowed re 167 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document as to Jim Baugh (1) (Geraldino-Karasek, Clarilde) (Entered: 01/28/2022)
1/27/2022Assented to MOTION for Leave to File Reply in Support of Motion to Dismiss Counts X, XI, XIII, and XIV of the Indictment as to Jim Baugh. (Attachments: # 1 Exhibit A)(Marx, Daniel) (Entered: 01/27/2022)
1/21/2022
  • Reply
REPLY TO RESPONSE to Motion by Morgan Lewis & Bockius LLP as to Jim Baugh, David Harville re 137 MOTION to Quash Rule 17(c) Subpoenas Issued to eBay Inc. and Morgan, Lewis & Bockius LLP (Hall, Emma) (Entered: 01/21/2022)
1/21/2022
  • Reply
REPLY TO RESPONSE to Motion by eBay Inc. as to Jim Baugh re 137 MOTION to Quash Rule 17(c) Subpoenas Issued to eBay Inc. and Morgan, Lewis & Bockius LLP (Pirozzolo, Jack) (Entered: 01/21/2022)
1/21/2022164
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered granting 159 Motion for Leave to Appear Pro Hac Vice Added Daniel J. Feith

Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.

Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.

as to Jim Baugh (1), David Harville (2) (Geraldino-Karasek, Clarilde) (Entered: 01/21/2022)
1/21/2022163
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered granting 158 Motion for Leave to Appear Pro Hac Vice Added Scott T. Nonaka

Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account.

as to Jim Baugh (1), David Harville (2) (Geraldino-Karasek, Clarilde) (Entered: 01/21/2022)
1/21/2022 Government's BRIEF as to David Harville (Kosto, Seth) (Entered: 01/21/2022)
1/21/2022 Government's BRIEF as to Jim Baugh (Kosto, Seth) (Entered: 01/21/2022)
1/20/2022
  • Order
Judge Patti B. Saris: ENDORSED ORDER entered as to Jim Baugh re 156 MOTION to Seal (Unopposed) filed by eBay Inc.

" After review of the privilege logs, I do not find good cause to seal them in their entirety. The intervenors may redact email addresses and any confidential personal contact information (i.e. cell phone numbers or personal addresses). Redacted copies shall be filed on the public docket within 15 business days." (Geraldino-Karasek, Clarilde) (Entered: 01/20/2022)

1/20/2022
  • Motion to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice by Daniel J. Feith Filing fee $ 100, receipt number MADC-9147245. as to Jim Baugh, David Harville by eBay Inc.. (Attachments: # 1 Certificate of Daniel J. Feith)(Pirozzolo, Jack) (Entered: 01/20/2022)
1/20/2022
  • Motion to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice by Scott T. Nonaka Filing fee $ 100, receipt number MADC-9147233. as to Jim Baugh, David Harville by eBay Inc.. (Attachments: # 1 Certificate of Scott T. Nonaka)(Pirozzolo, Jack) (Entered: 01/20/2022)
1/19/2022 AFFIDAVIT in Support by eBay Inc. as to Jim Baugh re 156 MOTION to Seal (Unopposed) (Pirozzolo, Jack) (Entered: 01/19/2022)
1/19/2022
  • Motion to Seal
MOTION to Seal (Unopposed) as to Jim Baugh by eBay Inc.. (Pirozzolo, Jack) (Entered: 01/19/2022)
1/18/2022155ELECTRONIC NOTICE resetting the time only from 2:30 to 10:00 on 1/28/2022 as to Jim Baugh, David Harville. (Molloy, Maryellen) (Entered: 01/18/2022)
1/18/2022154ELECTRONIC NOTICE as to Jim Baugh, David Harville, Resetting TIME ONLY from 2:30 PM to 10:00AM on 1/28/2022, hearing will go forward by VIDEO.

This hearing will be conducted by VIDEO CONFERENCE. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.

Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.

For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.

Motion Hearing will go forward as scheduled on 1/28/2022 at 10:00 BY VIDEO before Judge Patti B. Saris. (Entered: 01/18/2022)

1/10/2022
  • Motion to Quashby Δ
Opposition by Jim Baugh re 137 MOTION to Quash Rule 17(c) Subpoenas Issued to eBay Inc. and Morgan, Lewis & Bockius LLP, 141 MOTION to Quash Rule 17(c) Subpoena (Fick, William) (Entered: 01/10/2022)
1/10/2022152
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered Allowed re 150 Assented to MOTION for Extension of Time to File Oppositions and Replies to Motions to Quash as to Jim Baugh. (Fick (1) (Geraldino-Karasek, Clarilde) (Entered: 01/10/2022)
1/6/2022 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Jim Baugh Appeal of order: 122 Order on Motion to Compel, (Fick, William) (Entered: 01/06/2022)
1/6/2022Assented to MOTION for Extension of Time to File Oppositions and Replies to Motions to Quash as to Jim Baugh. (Fick, William) (Entered: 01/06/2022)
1/6/2022149ELECTRONIC NOTICE OF HEARING ( BY VIDEO) as to Jim Baugh, David Harville :

HEARING ON 147 APPEAL OF MAGISTRATE JUDGE DECISION to District Court set for 1/28/2022 02:45 PM (BY VIDEO) before Judge Patti B. Saris.

This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.

Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.

For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.

(Geraldino-Karasek, Clarilde) (Entered: 01/06/2022)
1/6/2022148
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered granting 146 Assented to MOTION for Extension of Time to January 6, 2022 to File Objection to Magistrate Judge's Order as to Jim Baugh (1) (Geraldino-Karasek, Clarilde) (Entered: 01/06/2022)
1/5/2022 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by David Harville Appeal of order: 122 Order on Motion to Compel, (Gelb, Daniel) (Entered: 01/05/2022)
1/5/2022Assented to MOTION for Extension of Time to January 6, 2022 to File Objection to Magistrate Judge's Order as to Jim Baugh. (Fick, William) (Entered: 01/05/2022)
12/30/2021145
  • Order
Judge Patti B. Saris: ENDORSED ORDER entered as to David Harville ALLOWED re 144 Assented to MOTION for Extension of Time to File Objection.

SET DEADLINES AS TO : 122 MEMORANDUM AND ORDER.

Defendants' Objections due by 1/5/2022; Government's Response to the Objections due by 1/19/2022.(Geraldino-Karasek, Clarilde) (Entered: 12/30/2021)

12/29/2021Assented to MOTION for Extension of Time to 01/05/2022 to File File Objection as to David Harville. (Gelb, Daniel) (Entered: 12/29/2021)
12/17/2021 MEMORANDUM in Support by Morgan Lewis & Bockius LLP as to Jim Baugh re 141 MOTION to Quash Rule 17(c) Subpoena (Hall, Emma) (Entered: 12/17/2021)
12/17/2021
  • Motion to Quash
MOTION to Quash Rule 17(c) Subpoena as to Jim Baugh by Morgan Lewis & Bockius LLP. (Hall, Emma) (Entered: 12/17/2021)
12/17/2021 AFFIDAVIT in Support of Jack W. Pirozzolo; by eBay Inc. as to Jim Baugh re 137 MOTION to Quash Rule 17(c) Subpoenas Issued to eBay Inc. and Morgan, Lewis & Bockius LLP (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, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(Pirozzolo, Jack) (Entered: 12/17/2021)
12/17/2021 AFFIDAVIT in Support of Andrew C. Phelan; by eBay Inc. as to Jim Baugh re 137 MOTION to Quash Rule 17(c) Subpoenas Issued to eBay Inc. and Morgan, Lewis & Bockius LLP (Pirozzolo, Jack) (Entered: 12/17/2021)
12/17/2021 MEMORANDUM in Support by eBay Inc. as to Jim Baugh re 137 MOTION to Quash Rule 17(c) Subpoenas Issued to eBay Inc. and Morgan, Lewis & Bockius LLP (Pirozzolo, Jack) (Entered: 12/17/2021)
12/17/2021
  • Motion to Quash
MOTION to Quash Rule 17(c) Subpoenas Issued to eBay Inc. and Morgan, Lewis & Bockius LLP as to Jim Baugh by eBay Inc.. (Pirozzolo, Jack) (Entered: 12/17/2021)
12/17/2021136
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered Granting 134 Motion to Seal.

Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document as to Jim Baugh (1) (Molloy, Maryellen) (Entered: 12/17/2021)

12/16/2021 AFFIDAVIT in Support by Morgan Lewis & Bockius LLP, eBay Inc. as to Jim Baugh re 134 Joint MOTION to Seal (Unopposed) (Pirozzolo, Jack) (Entered: 12/16/2021)
12/16/2021
  • Motion to Seal
Joint MOTION to Seal (Unopposed) as to Jim Baugh by Morgan Lewis & Bockius LLP, eBay Inc.. (Pirozzolo, Jack) (Entered: 12/16/2021)
12/15/2021133
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered. ORDER ON EXCLUDABLE DELAY as to Jim Baugh, David Harville. Time excluded from 10/1/2021 until 1/28/2022. Reason for entry of order on excludable delay: 18 USC 3161(h)(7)(A) Interests of justice. (Molloy, Maryellen) (Entered: 12/15/2021)
12/15/2021132ELECTRONIC NOTICE OF RESETTING MOTION HEARING (BY VIDEO) TO 1/28/2022 as to Jim Baugh, David Harville:

HEARING ON MOTION(S) TO QUASH RESET TO 1/28/2022 02:30 PM BY VIDEO before Judge Patti B. Saris.

AND

ELECTRONIC NOTICE OF SETTING MOTION(S) HEARING (BY VIDEO) as to Jim Baugh, David Harville to:

1/28/2022 02:30 PM BY VIDEO before Judge Patti B. Saris ON:

MOTION to Dismiss Counts X, XI, XIII, and XIV of the Indictment (Docket No. 114 )

MOTION to Dismiss The Indictment And Request For Hearing ( Docket No. 116 )

This hearing will be conducted by VIDEO CONFERENCE. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.

Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.

For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.

(Geraldino-Karasek, Clarilde) (Entered: 12/15/2021)
12/15/2021
  • Order
Judge Patti B. Saris: ENDORSED ORDER entered as to David Harville ALLOWED re 130 Assented to MOTION for Extension of Time to File Objection To Memorandum And Order On Motions To Compel Discovery.

SET DEADLINES AS TO : 122 MEMORANDUM AND ORDER.

Defendants' Objections due by 12/31/2021; Government's Response to the Objections due by 1/14/2022. (Geraldino-Karasek, Clarilde) (Entered: 12/15/2021)

12/14/2021Assented to MOTION for Extension of Time to December 31, 2021 to File Objection To Memorandum And Order On Motions To Compel Discovery as to David Harville. (Gelb, Daniel) (Entered: 12/14/2021)
12/6/2021127RESET SCHEDULING ORDER DEADLINES as to Jim Baugh, David Harville:

Any Motions to Quash due by 12/17/2021; Opposition due by 1/6/2022; Replies due by 1/18/2022. (Geraldino-Karasek, Clarilde) Modified on 12/6/2021 TO CORRECT DEADLINES . (Geraldino-Karasek, Clarilde). (Entered: 12/06/2021)

12/6/2021
  • Order
Judge Patti B. Saris: ENDORSED ORDER entered ALLOWED re 125 Joint MOTION to Modify Briefing Schedule and for Leave to File Reply Briefs as to Jim Baugh (1). (Geraldino-Karasek, Clarilde) (Entered: 12/06/2021)
12/3/2021
  • Motion
Joint MOTION to Modify Briefing Schedule and for Leave to File Reply Briefs (Unopposed) as to Jim Baugh by Morgan Lewis & Bockius LLP, eBay Inc.. (Pirozzolo, Jack) (Entered: 12/03/2021)
12/2/2021129NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Coppola, Katelyn) (Entered: 12/07/2021)
12/2/2021Transcript of Status Conference as to Jim Baugh, David Harville held on October 1, 2021, before Judge Patti B. Saris. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 12/23/2021. Redacted Transcript Deadline set for 1/3/2022. Release of Transcript Restriction set for 3/2/2022. (Coppola, Katelyn) (Entered: 12/07/2021)
12/2/2021 Opposition by USA as to Jim Baugh, David Harville re 114 MOTION to Dismiss Counts X, XI, XIII, and XIV of the Indictment, 116 MOTION to Dismiss The Indictment And Request For Hearing (Kosto, Seth) (Entered: 12/02/2021)
12/1/2021123Case as to Jim Baugh, David Harville no longer referred to Magistrate Judge Marianne B. Bowler. (Belpedio, Lisa) (Entered: 12/01/2021)
12/1/2021 Magistrate Judge Marianne B. Bowler: MEMORANDUM AND ORDER entered denying 77 Motion to Compel as to Jim Baugh (1); denying 73 Motion to Compel as to David Harville (2). (Belpedio, Lisa) (Entered: 12/01/2021)
11/15/2021121ELECTRONIC NOTICE OF RESETTING HEARING ON MOTION(S) as to Jim Baugh, David Harville:

HEARING ON MOTION(S) TO QUASH RESET FOR 1/27/2022 02:30 PM in Remote Proceeding : Boston before Judge Patti B. Saris.

This hearing will be conducted by VIDEO CONFERENCE. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.

Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.

For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.govor contact media@mad.uscourts.gov. (Geraldino-Karasek, Clarilde) (Entered: 11/15/2021)

11/9/2021
  • Order
Judge Patti B. Saris: ORDER entered. Agreed Upon Order of Confidentiality Concerning Privilege Logs of Intervenors Ebay Inc. and Morgan Lewis & Bockius LLP as to Jim Baugh. (Geraldino-Karasek, Clarilde) (Entered: 11/10/2021)
11/9/2021119
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered Allowed 118 Joint MOTION for Protective Order (Unopposed) as to Jim Baugh by Morgan Lewis & Bockius LLP, eBay Inc. as to Jim Baugh (1) (Geraldino-Karasek, Clarilde) (Entered: 11/10/2021)
11/5/2021
  • Motion for Protective Order
Joint MOTION for Protective Order (Unopposed) as to Jim Baugh by Morgan Lewis & Bockius LLP, eBay Inc.. (Attachments: # 1 Proposed Agreed Upon Order of Confidentiality Concerning Privilege Logs of Intervenors Ebay Inc. and Morgan Lewis & Bockius LLP)(Pirozzolo, Jack) (Entered: 11/05/2021)
10/29/2021
  • Motion to Dismiss Indictment
MEMORANDUM in Support by David Harville re 116 MOTION to Dismiss The Indictment And Request For Hearing (Gelb, Daniel) (Entered: 10/29/2021)
10/29/2021
  • Motion to Dismiss Indictment
MOTION to Dismiss The Indictment And Request For Hearing as to David Harville. (Gelb, Daniel) (Entered: 10/29/2021)
10/29/2021
  • Motion to Dismiss (Demurrer)by Δ
MEMORANDUM in Support by Jim Baugh re 114 MOTION to Dismiss Counts X, XI, XIII, and XIV of the Indictment (Marx, Daniel) (Entered: 10/29/2021)
10/29/2021
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss Counts X, XI, XIII, and XIV of the Indictment as to Jim Baugh. (Marx, Daniel) (Entered: 10/29/2021)
10/27/2021113
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered Allowed re 111 Motion Joint MOTION to Modify Briefing Schedule (Unopposed) by Morgan Lewis & Bockius LLP, eBay Inc. as to Jim Baugh (1) .

Set Deadlines as to: Motion to Quash due by 12/8/2021; Opposition due by 12/29/2021. (Geraldino-Karasek, Clarilde) Modified docket text on 11/10/2021 to include deadlines . (Geraldino-Karasek, Clarilde). (Entered: 10/27/2021)

10/22/2021
  • Order
Judge Patti B. Saris: ENDORSED ORDER entered ALLOWED re 110 Motion for Extension of Time as to Jim Baugh (1), David Harville (2).

Non-Evidentiary Dispositive Motions due by 10/29/21 and Dispositive Motions seeking an evidentiary hearing due by 11/30/2021. (Geraldino-Karasek, Clarilde) (Entered: 10/26/2021)

10/21/2021
  • Motion
Joint MOTION to Modify Briefing Schedule (Unopposed) as to Jim Baugh by Morgan Lewis & Bockius LLP, eBay Inc., Jim Baugh. (Pirozzolo, Jack) (Entered: 10/21/2021)
10/13/2021Assented to MOTION for Extension of Time to File Defendants Joint Assented-To Motion To Extend Filing Deadline For Dispositive Motions as to Jim Baugh, David Harville by David Harville. (Gelb, Daniel) (Entered: 10/13/2021)
10/1/2021 Letter (non-motion) regarding United States v. Bailey as to Jim Baugh, David Harville (Kosto, Seth) (Entered: 10/01/2021)
10/1/2021108
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered as to Jim Baugh, David Harville:

REVERSING 81 ORDER denying 79 MOTION to issue Rule 17(c) pretrial subpoenas for documents as to Jim Baugh. As discussed in the hearing held on 10/1/2021, 79 MOTION to issue Rule 17(c) pretrial subpoenas for documents as to Jim Baugh is ALLOWED, subject to motion(s) to quash the subpoenas. SET DEADLINES AS TO: Motions to Quash due by 10/29/2021; Oppositions due by 11/19/2021.

HEARING ON MOTION(S) TO QUASH SET FOR 12/9/2021 09:30 AM in Remote Proceeding: Boston before Judge Patti B. Saris.

This hearing will be conducted by VIDEO CONFERENCE. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.

Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.

For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.govor contact media@mad.uscourts.gov.

(Geraldino-Karasek, Clarilde) (Entered: 10/01/2021)
10/1/2021106Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Hearing as to Jim Baugh & David Harville held on 10/1/2021 by VIDEO in re: APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Jim Baugh - Appeal of Order Dkt #81 re: Motion for Rule 17(c) Subpoenas.....ORDERED: Court Allows the Motion to Issue Rule 17(c) Pretrial Subpoenas (Dkt #79) subject to the scheduled motion to quash

Parties shall meet and Confer by 10/15/2021; Motions to Quash to be filed on or before 10/29/2021; Opposition to be filed by 11/19/2021; Hearing on Motion to Quash is set for 12/9/2021 at 9:30 AM.Court Reporter Name and Contact or digital recording information: Lee Marzilli at leemarz@aol.com. (Molloy, Maryellen) (Entered: 10/01/2021)

10/1/2021105
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered granting 98 Unopposed Joint Motion to Intervene as to Jim Baugh (1), David Harville (2) by eBay Inc and Morgan Lewis & Bockius LLP. (PBS, law3) (Entered: 10/01/2021)
9/30/2021107
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered. Order Referring Case to Magistrate Judge Marianne B. Bowler Reason for referral: Full Pretrial Proceedings as to Jim Baugh, David Harville. (Geraldino-Karasek, Clarilde) (Entered: 10/01/2021)
9/30/2021NOTICE OF ATTORNEY APPEARANCE: Amy Barsky appearing for Jim Baugh. Type of Appearance: Retained. (Barsky, Amy) (Entered: 09/30/2021)
9/30/2021NOTICE OF ATTORNEY APPEARANCE: Jonathan M. Albano appearing for Intervenor Morgan Lewis & Bockius LLP. (Geraldino-Karasek, Clarilde) (Entered: 09/30/2021)
9/30/2021102
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED 101 Motion for Leave to Appear Pro Hac Vice Added Nathan J. Andrisani as to Jim Baugh (1), David Harville (2)

Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account.

(Geraldino-Karasek, Clarilde) (Entered: 09/30/2021)
9/30/2021
  • Motion to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice by Nathan J. Andrisani Filing fee $ 100, receipt number MADC-8985984. as to Jim Baugh, David Harville by Morgan Lewis & Bockius LLP. (Hall, Emma) (Entered: 09/30/2021)
9/30/2021NOTICE OF ATTORNEY APPEARANCE: Emma D. Hall appearing for Intervenor Morgan Lewis & Bockius LLP (Hall, Emma) (Main Document 100 replaced on 9/30/2021 in accordance with counsel's notice of appearance) (Geraldino-Karasek, Clarilde). (Entered: 09/30/2021)
9/30/2021CORPORATE DISCLOSURE STATEMENT by eBay Inc as to Jim Baugh, David Harville. (Geraldino-Karasek, Clarilde) (Entered: 09/30/2021)
9/30/2021
  • Motion to Intervene
Unopposed JOINT MOTION to Intervene as to Jim Baugh, David Harville by eBay Inc and Morgan Lewis & Bockius LLP. (Geraldino-Karasek, Clarilde) (Entered: 09/30/2021)
9/30/2021NOTICE OF ATTORNEY APPEARANCE: Kathryn Lundwall Alessi appearing for Intervenor eBay Inc. (Geraldino-Karasek, Clarilde) (Entered: 09/30/2021)
9/30/2021NOTICE OF ATTORNEY APPEARANCE: Jack W. Pirozzolo appearing for Intervenor eBay Inc. (Geraldino-Karasek, Clarilde) (Entered: 09/30/2021)
9/24/202195
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered. ORDER ON EXCLUDABLE DELAY as to Jim Baugh, David Harville. Time excluded from 9/14/2021 until 10/1/2021. Reason for entry of order on excludable delay: 18 USC 3161(h)(7)(A) Interests of justice. (Molloy, Maryellen) (Entered: 09/24/2021)
9/24/202194
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered Acknowledging 91 Report and Order on Final Status Conference by Magistrate Judge as to Jim Baugh & David Harville...INITIAL STATUS AND MOTION HEARING SET FOR 10/1/2021 AT 9:30AM - REMOTE PROCEEDINGS before Judge Saris. (Molloy, Maryellen) (Entered: 09/24/2021)
9/24/202193ELECTRONIC NOTICE OF INITIAL STATUS CONFERENCE as to both defendants BEFORE JUDGE SARIS AND HEARING ON DEFENDANTS APPEAL FROM MAGISTRATE JUDGE DENIAL OF RULE 17(C) SUBPOENA AS TO EBAY AND MORGAN AND LEWIS --- Jim Baugh & David Harville

This hearing will be conducted by VIDEO CONFERENCE AS TO BOTH DEFENDANTS. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.

Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.

For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.

INITIAL STATUS CONFERENCE/MOTION HEARINGS set for 10/1/2021 09:30 AM in Remote Proceeding : Boston before Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 09/24/2021)
9/22/202192Case as to Jim Baugh, David Harville no longer referred to Magistrate Judge Marianne B. Bowler. (Belpedio, Lisa) (Entered: 09/22/2021)
9/22/2021Magistrate Judge Marianne B. Bowler: REPORT AND ORDER on Final Status Conference as to Jim Baugh, David Harville (Belpedio, Lisa) (Entered: 09/22/2021)
9/22/2021
  • Order
Magistrate Judge Marianne B. Bowler: ORDER ON EXCLUDABLE DELAY as to Jim Baugh, David Harville. Reason for entry of order on excludable delay: 18 USC 3161(h)(7)(A) Interests of justice. (Belpedio, Lisa) (Entered: 09/22/2021)
9/22/202189
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 85 Assented to MOTION for Excludable Delay from 9/14/2021 to the date of the Pretrial Conference before the District Cas to Jim Baugh (1), David Harville (2) (Belpedio, Lisa) (Entered: 09/22/2021)
9/21/2021
  • Response
RESPONSE to Motion by USA as to Jim Baugh re 79 MOTION to issue Rule 17(c) pretrial subpoenas for documents re Objection to Magistrate Judge's Order (Kosto, Seth) (Entered: 09/21/2021)
9/16/202187
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered re 84 Appeal of Magistrate Judge Decision to District Court - Magistrate Judge Order filed by Jim Baugh.

ORDERED: Gvt shall file a response to Appeal of the Magistrate #84 on or before 9/20/2021. (Molloy, Maryellen) (Entered: 09/16/2021)

9/15/2021Assented to MOTION for Excludable Delay from 9/14/2021 to the date of the Pretrial Conference before the District Court as to Jim Baugh, David Harville by USA. (Kosto, Seth) (Entered: 09/15/2021)
9/14/202186Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Status Conference as to Jim Baugh, David Harville held on 9/14/2021. Case called, counsel and defendants appear by video, defendant Harville appears by telephone. Defendants waive covid colloquy. Motions shall be filed by October 15, 2021, government to respond by October 29. Counsel request case be returned to Judge Saris's session for a pretrial conference. Defendants agree to exclude time from today to the first date scheduled before the district judge in the interest of justice and the government shall file an assented to motion. Final Status Report to issue. Motion Hearing as to Jim Baugh, David Harville held on 9/14/2021 re 73 MOTION to Compel Government To Supplement Discovery And Request For Hearing filed by David Harville, 77 MOTION to Compel Discovery filed by Jim Baugh. Counsel argue motions, motions taken under advisement, order to issue. (Attorneys present: Kosto, Fick, Marx, Gelb, McDougal. )Court Reporter Name and Contact or digital recording information: Debra Joyce at joycedebra@gmail.com. (Belpedio, Lisa) (Entered: 09/15/2021)
9/10/2021 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Jim Baugh Appeal of order: 81 Order on Motion for Miscellaneous Relief (Fick, William) (Entered: 09/10/2021)
9/3/2021 MEMORANDUM in Opposition by USA as to David Harville re 73 MOTION to Compel Government To Supplement Discovery And Request For Hearing (Kosto, Seth) (Entered: 09/03/2021)
9/2/2021 MEMORANDUM in Opposition by USA as to Jim Baugh re 77 MOTION to Compel Discovery (Kosto, Seth) (Entered: 09/02/2021)
8/27/2021
  • Order
Magistrate Judge Marianne B. Bowler: ORDER entered denying 79 MOTION to issue Rule 17(c) pretrial subpoenas for documents as to Jim Baugh (1) (Belpedio, Lisa) (Entered: 08/27/2021)
8/25/202180ELECTRONIC NOTICE OF HEARING ON MOTION as to Jim Baugh, David Harville 77 MOTION to Compel Discovery, 73 MOTION to Compel Government To Supplement Discovery And Request For Hearing :

This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.

Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.

For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.

Motion Hearing set for 9/14/2021 03:30 PM in Remote Proceeding : Boston before Magistrate Judge Marianne B. Bowler. (Belpedio, Lisa) (Entered: 08/25/2021)
8/24/2021
  • Motionby Δ
MOTION to issue Rule 17(c) pretrial subpoenas for documents as to Jim Baugh. (Attachments: # 1 Exhibit A (proposed eBay subpoena), # 2 Exhibit B (proposed Morgan Lewis subpoena), # 3 Exhibit C (email thread), # 4 Exhibit D (email thread))(Fick, William) (Entered: 08/24/2021)
8/17/202178
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 76 Motion for Extension of Time to File as to Jim Baugh (1). (Bowler, Marianne) (Entered: 08/17/2021)
8/16/2021
  • Motion to Compel Discoveryby Δ
MOTION to Compel Discovery as to Jim Baugh. (Fick, William) (Entered: 08/16/2021)
8/16/2021Assented to MOTION for Extension of Time to August 16, 2021 to File Motion to Compel as to Jim Baugh. (Fick, William) (Entered: 08/16/2021)
8/14/202175
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 72 Motion to Seal Document as to David Harville (2). (Bowler, Marianne) (Entered: 08/14/2021)
8/13/2021
  • Motion to Compel
MEMORANDUM in Support by David Harville re 73 MOTION to Compel Government To Supplement Discovery And Request For Hearing (Gelb, Daniel) (Entered: 08/13/2021)
8/13/2021
  • Motion to Compel
MOTION to Compel Government To Supplement Discovery And Request For Hearing as to David Harville. (Gelb, Daniel) (Additional attachment(s) added on 8/23/2021: # 1 Sealed Ex. A, # 2 Sealed Ex. B, # 3 Sealed Ex. C.) (Lara, Miguel). (Entered: 08/13/2021)
8/13/2021Assented to MOTION to Seal Document (Select Documents In Support Of Defendant's Forthcoming Motion to Compel Government To Supplement Discovery) as to David Harville. (Gelb, Daniel) (Entered: 08/13/2021)
8/6/2021
  • Order
Magistrate Judge Marianne B. Bowler: ORDER ON EXCLUDABLE DELAY as to Jim Baugh, David Harville. Time excluded from July 29, 2021 until September 14, 2021. Reason for entry of order on excludable delay: 18 USC 3161(h)(7)(A) Interests of justice. (Belpedio, Lisa) (Entered: 08/08/2021)
8/6/202170
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 69 Assented to MOTION for Excludable Delay from July 29, 2021 to September 14, 2021 as to Jim Baugh (1), David Harville (2). (Belpedio, Lisa) (Entered: 08/08/2021)
8/2/2021Assented to MOTION for Excludable Delay from July 29, 2021 to September 14, 2021 as to Jim Baugh, David Harville by USA. (Kosto, Seth) (Entered: 08/02/2021)
7/29/202168Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Status Conference as to Jim Baugh, David Harville held on 7/29/2021. Case called, counsel appear by telephone, Motion to Compel to be filed by August 13, 2021, response due in two weeks, further Status Conference/Motion Hearing set for 9/14/2021 03:30 PM in Remote Proceeding : Boston before Magistrate Judge Marianne B. Bowler. Defendants agree to exclude the time through that date in the interest of justice and government will file an assented to motion to exclude time. (Attorneys present: Kosto, Fick, Gelb. )Court Reporter Name and Contact or digital recording information: Marianne Kusa-Ryll at justicehill@aol.com.

This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.

Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.

For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.

(Belpedio, Lisa) (Entered: 08/01/2021)
7/22/2021
  • Response
Response to letter requesting additional discovery pursuant to Local Rule 116.3 as to Jim Baugh, David Harville (Kosto, Seth) (Entered: 07/22/2021)
7/6/2021
  • Order
Magistrate Judge Marianne B. Bowler: ORDER ON EXCLUDABLE DELAY as to Jim Baugh, David Harville. Time excluded from June 29, 2021 until July 29, 2021. Reason for entry of order on excludable delay: 18 USC 3161(h)(7)(A) Interests of justice. (Belpedio, Lisa) (Entered: 07/07/2021)
7/6/202165
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 64 MAssented to MOTION for Excludable Delay from June 29, 2021 to July 29, 2021 as to Jim Baugh (1), David Harville (2) (Belpedio, Lisa) (Entered: 07/07/2021)
7/1/2021Assented to MOTION for Excludable Delay from June 29, 2021 to July 29, 2021 as to Jim Baugh, David Harville by USA. (Kosto, Seth) (Entered: 07/01/2021)
6/29/202163Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Status Conference as to Jim Baugh, David Harville held on 6/29/2021, Case called, counsel appear by telephone, government will promptly respond to latest discovery request, further Status Conference set for 7/29/2021 02:45 PM in Remote Proceeding : Boston before Magistrate Judge Marianne B. Bowler. COUNSEL ARE DIRECTED TO APPEAR BY PHONE by calling 888-675-2535 approximately five minutes prior to the conference, using Access Code 6641794. If, for some reason, the call is disconnected, dial back in. NOTE that yours may not be the first case called, but please remain on the line until it is. Counsel agree to exclude time through that date and government will file an assented to motion. (Attorneys present: Kosto, Fick, Marx, Gelb, McDougal. )Court Reporter Name and Contact or digital recording information: Kelly Mortellite at mortellite@gmail.com. (Belpedio, Lisa) (Entered: 07/01/2021)
6/29/2021 Letter (non-motion) regarding Discovery as to Jim Baugh (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4)(Fick, William) (Entered: 06/29/2021)
6/22/2021
  • Response
Response to letter requesting additional discovery pursuant to Local Rule 116.3 as to Jim Baugh, David Harville (Kosto, Seth) (Entered: 06/22/2021)
6/14/2021Letter requesting additional discovery pursuant to Local Rule 116.3 as to David Harville (Gelb, Daniel) (Entered: 06/14/2021)
6/1/2021
  • Order
Magistrate Judge Marianne B. Bowler: ORDER ON EXCLUDABLE DELAY as to Jim Baugh, David Harville. Time excluded from May 10, 2021 until June 29, 2021. Reason for entry of order on excludable delay: 18 USC 3161(h)(7)(A) Interests of justice. (Belpedio, Lisa) (Entered: 06/02/2021)
6/1/202158
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 57 Assented to MOTION for Excludable Delay from May 10, 2021 to June 29, 2021 as to Jim Baugh (1), David Harville (2) (Belpedio, Lisa) (Entered: 06/02/2021)
5/13/2021Assented to MOTION for Excludable Delay from May 10, 2021 to June 29, 2021 as to Jim Baugh, David Harville by USA. (Kosto, Seth) (Entered: 05/13/2021)
5/10/202156Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Status Conference as to Jim Baugh, David Harville held on 5/10/2021. Government reports that automatic discovery is complete, anticipates additional discovery requests from defendants. Further date set during which potential motions to dismiss or suppress will be addressed. Government to file assented to motion to exclude the time from this date until 6/29/2021. (Status Conference set for 6/29/2021 02:45 PM before Magistrate Judge Marianne B. Bowler. ALL COUNSEL ARE DIRECTED TO APPEAR BY PHONE by calling 888-675-2535 approximately five minutes prior to the conference, using Access Code 6641794. If, for some reason, the call is disconnected, dial back in. NOTE that yours may not be the first case called, but please remain on the line until it is.) (Attorneys present: Kosto, Fick, Geld.) Court Reporter Name and Contact or digital recording information: Kristin Kelley at kmob929@gmail.com. (Putnam, Harold) (Entered: 05/12/2021)
4/6/202155
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 54 Motion to Modify Conditions of Release as to Jim Baugh (1). (Bowler, Marianne) (Entered: 04/06/2021)
4/5/2021Assented to MOTION to Modify Conditions of Release as to Jim Baugh. (Fick, William) (Entered: 04/05/2021)
3/21/2021
  • Order
ORDER ON EXCLUDABLE DELAY as to Jim Baugh, David Harville. Time excluded from 3/8/2021 until 5/10/2021. Reason for entry of order on excludable delay: 18 USC 3161(h)(7)(A) Interests of justice. (Putnam, Harold) (Entered: 03/21/2021)
3/21/202152
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 51 Motion to Exclude as to Jim Baugh (1), David Harville (2) (Putnam, Harold) (Entered: 03/21/2021)
3/9/2021Assented to MOTION for Excludable Delay from 03/08/2021 to 05/10/2021 as to Jim Baugh, David Harville by USA. (Kosto, Seth) (Entered: 03/09/2021)
3/8/202150Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Status Conference as to Jim Baugh, David Harville held on 3/8/2021. Government reports that automatic discovery has been completed; defense continues to wade through discovery. Further date set. Government to file assented to motion to exclude the time from this date until 5/10/2021. (Status Conference set for 5/10/2021 02:30 PM before Magistrate Judge Marianne B. Bowler. ALL COUNSEL ARE DIRECTED TO APPEAR BY PHONE by calling 888-675-2535 approximately five minutes prior to the conference, using Access Code 6641794. If, for some reason, the call is disconnected, dial back in. NOTE that yours may not be the first case called, but please remain on the line until it is.) (Attorneys present: Kosto, Fick, Gelb, McDougall.) Court Reporter Name and Contact or digital recording information: Kristin Kelley at kmob929@gmail.com. (Putnam, Harold) (Entered: 03/08/2021)
1/11/2021
  • Order
ORDER ON EXCLUDABLE DELAY as to Jim Baugh, David Harville. Time excluded from 1/7/2021 until 3/8/2021. Reason for entry of order on excludable delay: 18 USC 3161(h)(7)(A) Interests of justice. (Putnam, Harold) (Entered: 01/11/2021)
1/11/202148
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 46 Motion to Exclude as to Jim Baugh (1), David Harville (2) (Putnam, Harold) (Entered: 01/11/2021)
1/7/202147Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Status Conference as to Jim Baugh, David Harville held on 1/7/2021. Counsel report on discovery, request further date. Government to file assented to motion to exclude the time from this date until 3/8/2021. (Status Conference set for 3/8/2021 02:30 PM before Magistrate Judge Marianne B. Bowler. ALL COUNSEL ARE DIRECTED TO APPEAR BY PHONE by calling 888-675-2535 approximately five minutes prior to the conference, using Access Code 6641794. If, for some reason, the call is disconnected, dial back in. NOTE that yours may not be the first case called, but please remain on the line until it is.) (Attorneys present: Kosto, Fick, Gelb, McDougall.) Court Reporter Name and Contact or digital recording information: Kristin Kelley at kmob929@gmail.com. (Putnam, Harold) (Entered: 01/07/2021)
1/7/2021Assented to MOTION for Excludable Delay from 01/07/2021 to 03/08/2021 as to Jim Baugh, David Harville by USA. (Kosto, Seth) (Entered: 01/07/2021)
1/4/202145ELECTRONIC NOTICE OF RESCHEDULING as to Jim Baugh, David Harville. Status Conference reset for 1/7/2021 02:15 PM before Magistrate Judge Marianne B. Bowler. ALL COUNSEL ARE DIRECTED TO APPEAR BY PHONE by calling 888-675-2535 approximately five minutes prior to the conference, using Access Code 6641794. If, for some reason, the call is disconnected, dial back in. NOTE that yours may not be the first case called, but please remain on the line until it is.(Putnam, Harold) (Entered: 01/04/2021)
12/16/2020
  • Motion for Protective Order
Magistrate Judge Marianne B. Bowler: ORDER entered. PROTECTIVE ORDER as to Jim Baugh, David Harville (Putnam, Harold) (Entered: 12/20/2020)
12/11/202043
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 42 Motion for Protective Order as to Jim Baugh (1) and David Harville (2). (Bowler, Marianne) (Entered: 12/11/2020)
12/10/2020Assented to MOTION for Protective Order Concerning Discovery Materials as to Jim Baugh, David Harville by USA. (Attachments: # 1 Text of Proposed Order)(Kosto, Seth) (Entered: 12/10/2020)
12/10/202041
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 40 Motion to Modify Conditions of Release as to Jim Baugh (1). (Bowler, Marianne) (Entered: 12/10/2020)
12/9/2020Assented to MOTION to Modify Conditions of Release as to Jim Baugh. (Fick, William) (Entered: 12/09/2020)
11/19/2020
  • Order
Magistrate Judge Marianne B. Bowler: ORDER PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 5 as to Jim Baugh, David Harville. (Putnam, Harold) (Entered: 11/21/2020)
11/19/202038Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Arraignments as to Jim Baugh (1) Count 1,2-3,6-7,10-11,13-14 and David Harville (2) Count 1,4-5,8-9,12,15 held on 11/19/2020. Court conducts colloquy with defendants, find that they knowingly and voluntarily waive their rights to be physically present in the courtroom. Hearing proceeds by video. Government states maximum penalties as to both defendants, anticipates a trial lasting seven to eight days, and anticipates calling in excess of 20 witnesses. Pleas entered by Jim Baugh (1) Count 1,2-3,6-7,10-11,13-14 and David Harville (2) Count 1,4-5,8-9,12,15: not guilty as to all counts. On the record, court instructs parties regarding the provisions of the Due Process Protections Act. Written order to issue. (Status Conference set for 1/6/2021 02:15 PM before Magistrate Judge Marianne B. Bowler. ALL COUNSEL ARE DIRECTED TO APPEAR BY PHONE by calling 888-675-2535 approximately five minutes prior to the conference, using Access Code 6641794. If, for some reason, the call is disconnected, dial back in. NOTE that yours may not be the first case called, but please remain on the line until it is.) (Attorneys present: Kosto, Fick, McDougall, Gelb.) Court Reporter Name and Contact or digital recording information: Robert Paschal at rwp.reporter@gmail.com. (Putnam, Harold) (Entered: 11/21/2020)
11/13/202037ELECTRONIC NOTICE OF HEARING as to Jim Baugh, David Harville

This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.

Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.

For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.

Arraignment set for 11/19/2020 11:00 AM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Belpedio, Lisa) (Entered: 11/13/2020)
11/3/202035
  • Order
Judge Patti B. Saris: ELECTRONIC ORDER entered. Order Referring Case to Magistrate Judge Marianne B. Bowler Reason for referral: Full Pretrial Proceedings as to Jim Baugh, David Harville (Alves-Baptista, Antonia) (Entered: 11/03/2020)
11/3/202034ELECTRONIC NOTICE of Case Assignment as to Jim Baugh, David Harville; Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Finn, Mary) (Entered: 11/03/2020)
11/3/2020INDICTMENT as to Jim Baugh (1) count(s) 1, 2-3, 6-7, 10-11, 13-14, David Harville (2) count(s) 1, 4-5, 8-9, 12, 15. (Attachments: # 1 JS45 Baugh, # 2 JS45 Harville)(Alves-Baptista, Antonia) (Entered: 11/03/2020)
9/17/202032Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Initial Appearance in this District and Bail Review Hearing as to David Harville held on 9/17/2020. Court conducts colloquy with defendant, finds that he knowingly and voluntarily waives his right to be physically present at the courthouse. Hearing proceeds by video. Defendant waives probable cause. Court sets conditions of release in this district and sets $100,000 unsecured appearance bond. Conditions and bond to be emailed to defense counsel for signature, then back to the clerk for docketing. (Attorneys present: Kosto, Gelb, McDougall, USPO Fitzpatrick.) Court Reporter Name and Contact or digital recording information: Robert Paschal at rwp.reporter@gmail.com. (Putnam, Harold) [1:20-mj-02398-MBB] (Entered: 09/18/2020)
9/14/202031ELECTRONIC NOTICE OF HEARING as to David Harville. Bail Review Hearing set for 9/17/2020 11:00 AM before Magistrate Judge Marianne B. Bowler.

This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.

Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.

For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.

(Putnam, Harold) [1:20-mj-02398-MBB] (Entered: 09/14/2020)
9/11/202030
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 29 Motion to Modify Conditions of Release as to James Baugh (1). (Bowler, Marianne) [1:20-mj-02398-MBB] (Entered: 09/11/2020)
9/10/2020Assented to MOTION to Modify Conditions of Release as to James Baugh. (Fick, William) [1:20-mj-02398-MBB] (Entered: 09/10/2020)
8/14/2020Replacement Secured Bond Entered as to James Baugh in amount of $200,000 with Jillian Baugh as surety. (Putnam, Harold) [1:20-mj-02398-MBB] (Entered: 08/14/2020)
8/14/2020
  • Order
Magistrate Judge Marianne B. Bowler: ORDER entered as to James Baugh vacating the original [17-5] Appearance Bonddated June 16, 2020. (Putnam, Harold) [1:20-mj-02398-MBB] (Entered: 08/14/2020)
7/28/2020
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 25 Motion as to James Baugh (1), there being no objection from the government. (Bowler, Marianne) [1:20-mj-02398-MBB] (Entered: 07/28/2020)
7/27/2020Assented to MOTION Substitute Third-Party Bond Surety re 17 Rule 5(c)(3) Documents Received (17-5 Release Conditions and Bond) as to James Baugh. (Fick, William) [1:20-mj-02398-MBB] (Entered: 07/27/2020)
7/25/2020
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 24 Motion to Modify Conditions of Release as to David Harville (2). (Bowler, Marianne) [1:20-mj-02398-MBB] (Entered: 07/25/2020)
7/24/2020Assented to MOTION to Modify Conditions of Release as to David Harville. (Gelb, Daniel) [1:20-mj-02398-MBB] (Entered: 07/24/2020)
7/15/202023Considering that both defendants have waived probable cause and that conditions have been set as to both, ELECTRONIC NOTICE CANCELING 7/21/2020 Status Conference as to James Baugh, David Harville. (Putnam, Harold) [1:20-mj-02398-MBB] (Entered: 07/15/2020)
7/14/202022ELECTRONIC NOTICE OF HEARING as to James Baugh, David Harville. Telephone Conference set for 7/21/2020 12:00 PM before Magistrate Judge Marianne B. Bowler. ALL COUNSEL ARE DIRECTED TO APPEAR BY PHONE by calling 888-675-2535 approximately five minutes prior to the conference, using Access Code 6641794. (Putnam, Harold) [1:20-mj-02398-MBB] (Entered: 07/14/2020)
7/7/202021Considering 19 and 20 WAIVERS of Preliminary Hearings as to James Baugh, David Harville, ELECTRONIC NOTICE cancelling 7/9/2020 Probable Cause Hearings as to both defendants. Issue of probable cause may be reopened upon motion. (Putnam, Harold) [1:20-mj-02398-MBB] (Entered: 07/07/2020)
7/2/2020WAIVER of Preliminary Hearing by David Harville (Gelb, Daniel) [1:20-mj-02398-MBB] (Entered: 07/02/2020)
7/2/2020WAIVER of Preliminary Hearing by James Baugh (Fick, William) [1:20-mj-02398-MBB] (Entered: 07/02/2020)
6/29/202018ELECTRONIC NOTICE OF HEARING as to James Baugh, David Harville

This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.

Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: www.forms.mad.uscourts.gov/courtlist.html.

For questions regarding access to hearings, you may refer to the Court's general orders and public notices availabl e on www.mad.uscourts.gov or contact media@mad.uscourts.gov.

Preliminary Examination set for 7/9/2020 12:00 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Putnam, Harold) [1:20-mj-02398-MBB] (Entered: 06/29/2020)
6/29/2020Rule 5(c)(3) Documents Received as to James Baugh (Attachments: # 1 Criminal Complaint, # 2 JS45, # 3 Affidavit, # 4 Arrest Warrant, # 5 Conditions of Release) (Putnam, Harold) [1:20-mj-02398-MBB] (Entered: 06/29/2020)
6/26/2020
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 15 Motion for Leave to Appear Pro Hac Vice as to David Harville (2). (Bowler, Marianne) [1:20-mj-02398-MBB] (Entered: 06/26/2020)
6/26/2020
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 13 Motion to Modify Conditions of Release as to James Baugh (1). (Bowler, Marianne) [1:20-mj-02398-MBB] (Entered: 06/26/2020)
6/25/2020
  • Motion to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice by Jonathan D. McDougall Filing fee $ 100, receipt number 0101-8302953. as to David Harville. (Gelb, Daniel) [1:20-mj-02398-MBB] (Entered: 06/25/2020)
6/25/2020NOTICE OF ATTORNEY APPEARANCE: Daniel N. Marx appearing for James Baugh. Type of Appearance: Retained. (Marx, Daniel) [1:20-mj-02398-MBB] (Entered: 06/25/2020)
6/25/2020Assented to MOTION to Modify Conditions of Release as to James Baugh. (Fick, William) [1:20-mj-02398-MBB] (Entered: 06/25/2020)
6/23/2020Rule 5(c)(3) Documents Received as to David Harville. (Putnam, Harold) [1:20-mj-02398-MBB] (Entered: 06/29/2020)
6/18/2020NOTICE OF ATTORNEY APPEARANCE: Daniel K. Gelb appearing for David Harville. Type of Appearance: Retained. (Gelb, Daniel) [1:20-mj-02398-MBB] (Entered: 06/18/2020)
6/16/2020NOTICE OF ATTORNEY APPEARANCE: William W. Fick appearing for James Baugh. Type of Appearance: Retained. (Fick, William) [1:20-mj-02398-MBB] (Entered: 06/16/2020)
6/15/2020Arrest of David Harville in Southern District of New York. (Putnam, Harold) [1:20-mj-02398-MBB] (Entered: 06/29/2020)
6/15/2020Arrest of James Baugh in Northern District of California. (Putnam, Harold) [1:20-mj-02398-MBB] (Entered: 06/29/2020)
6/15/202010
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 9 Motion to Unseal Case as to James Baugh (1), David Harville (2) (Belpedio, Lisa) [1:20-mj-02398-MBB] (Entered: 06/15/2020)
6/15/2020
  • Motion
MOTION to Partially Unseal Case as to James Baugh, David Harville by USA. (Belpedio, Lisa) [1:20-mj-02398-MBB] (Entered: 06/15/2020)
6/11/2020Arrest Warrant Issued by Magistrate Judge Marianne B. Bowler as to David Harville. (Belpedio, Lisa) [1:20-mj-02398-MBB] (Entered: 06/11/2020)
6/11/20208
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 7 Motion to Partially Unseal Case and Redact as to James Baugh (1), David Harville (2) once arrested. (Belpedio, Lisa) [1:20-mj-02398-MBB] (Entered: 06/11/2020)
6/11/2020
  • Motion
MOTION to Partially Unseal Case and Redact as to James Baugh, David Harville by USA. (Belpedio, Lisa) [1:20-mj-02398-MBB] (Entered: 06/11/2020)
6/11/20206ELECTRONIC NOTICE of Case Assignment as to James Baugh, David Harville; Magistrate Judge Marianne B. Bowler assigned to case. (Finn, Mary) [1:20-mj-02398-MBB] (Entered: 06/11/2020)
6/11/2020Arrest Warrant Issued by Magistrate Judge Marianne B. Bowler as to James Baugh. (Belpedio, Lisa) [1:20-mj-02398-MBB] (Entered: 06/11/2020)
6/11/2020
  • Complaint
SEALED COMPLAINT as to James Baugh (1), David Harville (2). (Attachments: # 1 Affidavit of Mark Wilson, # 2 REDACTED Affidavit of Mark Wilson, # 3 JS45 Baugh, # 4 JS45 Harville)(Belpedio, Lisa) [1:20-mj-02398-MBB] (Entered: 06/11/2020)
6/11/20202
  • Order
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 1 Motion to Seal Case as to James Baugh (1), David Harville (2) (Belpedio, Lisa) [1:20-mj-02398-MBB] (Entered: 06/11/2020)
6/11/2020
  • Motion to Seal
MOTION to Seal Case as to James Baugh, David Harville by USA. (Belpedio, Lisa) [1:20-mj-02398-MBB] (Entered: 06/11/2020)