USA v. Hammatt

1:19-cr-00067 | New York Southern District Court

Interested in this case?

Request a Demo Track this case, and find millions of cases like it, let us show you how.
Division Foley Square
Judge Judge Paul G. Gardephe
Filed Jan. 31, 2019
Case Flags ECF
The docket is incomplete. Sign up for verified information.
Filing Date # Docket Text
10/5/2022Nolle Prosequi
8/29/2022Letter
7/15/2022 MEMO ENDORSEMENT as to Christopher Hammatt (1) on 189 LETTER MOTION addressed to Judge Paul G. Gardephe. ENDORSEMENT: The Defendant's sentencing, previously scheduled for July 26, 2022, is adjourned to October 13, 2022, at 3:00 p.m. The Defendant's submission is now due September 22, 2022. The Government's submission is due September 29, 2022. (Signed by Judge Paul G. Gardephe on 7/15/2022) (ap)
7/15/2022Letter Motion
6/13/2022Notice of Filing Transcript
6/13/2022Transcript
5/13/2022Notice of Filing Transcript
5/13/2022Transcript
5/13/2022Notice of Filing Transcript
5/13/2022Transcript
5/4/2022Note Regarding Deleted Document
5/4/2022Notice of Filing Transcript
5/4/2022Transcript
5/4/2022Transcript
4/29/2022Notice of Filing Transcript
4/29/2022Transcript
4/19/2022 JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 4/19/2022. Defendant Susan Hammatt (2) pleaded guilty to Count(s) 3. Count(s) all open counts are dismissed on the motion of the United States. IMPRISONMENT: 6 months. - The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the Defendant be designated to a facility as close as possible to Murrieta, California. - The defendant shall surrender for service of sentence at the institution designat ed by the Bureau of Prisons: before 2 p.m. on 6/3/2022. SUPERVISED RELEASE: 3 years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Paul G. Gardephe on 4/19/2022)(bw)
4/19/2022Sentencing
4/14/2022Consent Order
4/14/2022Order of Referral to Probation for Presentence Investigation and Report, Change of Not Guilty Plea, ~Util - Plea Entered, ~Util - Set/Reset Hearings, Change of Plea Hearing
4/13/2022 MEMO ENDORSED granting 172 LETTER MOTION Request for Later Time for April 19, 2022 Sentencing Hearing as to Susan Hammatt (2)... ENDORSEMENT: The Defendant's sentencing scheduled for April 19, 2022 will now take place at 11:30 a.m. (Eastern Time). SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/13/22) (jbo)
4/13/2022Letter Motion
4/12/2022 ORDER as to Susan Hammatt: Defendant Susan Hammatt's sentencing, currently scheduled for April 13, 2022, is adjourned to April 19, 2022 at 2:00 p.m. SO ORDERED. (Sentencing set for 4/19/2022 at 02:00 PM before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 4/12/2022) (lnl)
4/12/2022 ORDER as to Christopher Hammatt: A change of plea hearing will be held as to Defendant Christopher Hammatt on April 14, 2022, at 11:00 a.m. With the Defendant's consent, the hearing will take place by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the hearing by dialing the same number and using the same access code. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' lines. One day before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the hearing so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED. (Change of Plea Hearing set for 4/14/2022 at 11:00 AM before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 4/12/2022) (lnl)
4/12/2022 ORDER as to Christopher Hammatt: As discussed at today's conference, the Defendant will submit any proposed voir dire and requests to charge by April 18, 2022. The Defendant will also submit a letter by April 18, 2022, stating whether he in tends to assert at trial that he "suffered [a] traumatic brain injury in a motor vehicle when its airbag unexpectedly deployed." (Def Mot. (Dkt. No. 147) at 13) If so, Defendant will address the Government's request for relevant m edical records in the Defendant's possession as well as medical authorizations that would permit the Government to obtain relevant records from Defendant's treating physician(s). (Signed by Judge Paul G. Gardephe on 4/11/2022) (lnl)
4/11/2022Status Conference
4/8/2022 ORDER as to Susan Hammatt. With the Defendant's consent (Dkt. No. 164), the sentencing scheduled for April 13, 2022 will take place by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212 642. The press and public may obtain access to the telephone hearing by dialing the same number and using the same access code. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Co urt will un-mute the parties' lines. Two days before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the hearing so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line (Signed by Judge Paul G. Gardephe on 4/8/22)(jw)
4/7/2022Letter
4/7/2022 ORDER as to Susan Hammatt: Sentencing in this matter is scheduled for April 13, 2022, at 3:00 p.m. The Pre-Sentence Report (PSR) sets forth numerous objections that the Defendant has made to the factual portions of the PSR, including Paragraphs 15 , 17-27. (PSR (Dkt. No. 158) at 19-20) The PSR also states that the Government contends that several of the objections are inconsistent with the defendant's guilty plea. The Government has discussed these issues with defense counsel who is st ill discussing with the defendant on how to proceed with said objections. The Government intends to address these objections with the Court under separate cover.... (Id. at 20-21) The Government has filed its sentencing submission, however, and has not addressed Defendant's objections. (See Govt. Br. (Dkt. No. 165)) The Government will submit a letter responding to the Defendant's objections by 5:00 p.m. on April 8, 2022. (Signed by Judge Paul G. Gardephe on 4/7/2022) (ap)
4/6/2022Sentencing Submission
4/6/2022Letter Motion
4/6/2022 ORDER as to Christopher Hammatt. The conference scheduled for April 11, 2022 will take place by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access t o the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be call ed. At that time, the Court will un-mute the parties' lines. Three days before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line (Signed by Judge Paul G. Gardephe on 4/6/22)(jw)
4/4/2022Letter Motion
3/10/2022 ORDER as to Christopher Hammatt: The trial in this matter, currently scheduled to begin on April 11, 2022, is adjourned to May 9, 2022, at 9:30 a.m. This trial date is tentative, and depends on this District's COVID-19 protocols. A status con ference will take place on April 11, 2022, at 11:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Jury Trial set for 5/9/2022 at 09:30 AM before Judge Paul G. Gardephe. Status Conference set for 4/11/2022 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 3/10/2022) (ap)
2/3/2022 MEMO ENDORSEMENT 159 LETTER MOTION addressed to Judge Paul G. Gardephe from Judith Vargas on behalf of Susan Hammatt dated February 2, 2022 re: Adjournment of Sentencing Hearing...ENDORSEMENT...The application is granted. The sentencing currently scheduled for February 23, 2022 is adjourned to April 13, 2022 at 3:00 p.m. (Signed by Judge Paul G. Gardephe on 2/3/22) (jw)
2/3/2022Letter Motion
11/24/2021Letter Motion
11/18/2021ORDER as to Susan Hammatt: IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. (Signed by Judge Paul G. Gardephe on 11/18/2021) (ap)
11/15/2021Notice of Filing Transcript
11/15/2021Transcript
10/29/2021Consent to Proceed on Felony Plea Allocution
10/29/2021Remark
10/29/2021Remark
10/28/2021 ORDER as to Susan Hammatt: Defendant Susan Hammatt's sentencing will take place on February 23, 2022 at 11:00 a.m. in Courtroom 705 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Any submissions on behalf of Defen dant Susan Hammatt are due by February 2, 2022. The Government's submission is due by February 9, 2022. The Probation Department is directed to prepare a presentence investigation report for Defendant Susan Hammatt. The trial scheduled to begi n on November 8, 2021 is adjourned sine die as to Defendant Susan Hammatt. (Sentencing set for 2/23/2022 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 10/28/2021) (lnl)
10/26/2021~Util - Plea Entered, Change of Not Guilty Plea, Change of Plea Hearing
10/26/2021 ORDER as to Christopher Hammatt: The trial currently scheduled for November 10, 2021 is adjourned to April 11, 2022 at 9:30 a.m. Upon the application of the United States of America, by and through its counsel, Assistant United States Attorneys Ni cholas Chiuchiolo and Jun Xiang, and with the consent of Defendant Christopher Hammatt, by and through his attorney Donald duBoulay, the time from November 8, 2021 through April 11, 2022 is excluded under the Speedy Trial Act, 18 U.S.C. § 316 1(h)(7)(A), in the interests of justice. The ends of justice served by the granting of this continuance outweigh the interest of the public and Defendant Christopher Hammatt in a speedy trial, because it will permit the parties to ensure the ava ilability of trial witnesses in light of COVID-19-related scheduling constraints. SO ORDERED. (Jury Trial set for 4/11/2022 at 09:30 AM before Judge Paul G. Gardephe) (Time excluded from 11/8/2021 until 4/11/2022) (Signed by Judge Paul G. Gardephe on 10/26/2021) (lnl)
10/18/2021Memorandum in Opposition to Motion
10/15/2021Letter Motion
10/14/2021 ORDER as to Christopher Hammatt, Susan Hammatt. Accordingly, the trial scheduled for November 8, 2021 is adjourned to November 10, 2021. The Court will adjourn the trial in this case by November 1, 2021 if the trial assigned first priority for November 10, 2021 is still proceeding. If the parties prefer to adjourn the trial before November 1, 2021, they may request adjournment and propose trial dates in the second quarter of 2022. (Signed by Judge Paul G. Gardephe on 10/14/21)(jw)
10/15/2021Memorandum in Opposition to Motion
10/13/2021 ORDER as to Susan Hammatt. WHEREAS, defendant SUSAN HAMMATT wishes to plead guilty before a Magistrate Judge; WHEREAS, in light of the ongoing COVID-19 pandemic, and based on defendant SUSAN HAMMATT's request, the proceeding is scheduled to tak e place remotely; and WHEREAS, the Court understands that the assigned Magistrate Judge shall hear the defendant's plea by telephone because videoconferencing is not reasonably available; WHEREAS, the CARES Act and findings made by the Judicial Conference of the United States and Chief Judge Laura Taylor Swain of the Southern District of New York allow for guilty pleas to be taken by phone or video, subject to certain findings made by the presiding District Judge; WHEREAS, the proposed gui lty plea resolves the above-captioned case for defendant SUSAN HAMMATT without a plea to all charges alleged in the indictment, and the offense of conviction carries no mandatory minimum sentence and thus it is possible that the Court may impose a se ntence of time served. THE COURT HEREBY FINDS, that because the defendant, after consultation with counsel, has consented to proceeding remotely, the plea proceeding cannot be further delayed without serious harm to the interests of justice. SO ORDERED: (Signed by Judge Paul G. Gardephe on 10/13/2021)(bw)
10/12/2021ORDER as to Susan Hammatt: The plea hearing scheduled for October 13, 2021 at 4:30 p.m. is adjourned sine die. (Signed by Judge Paul G. Gardephe on 10/12/2021) (ap)
10/9/2021In Limine
10/9/2021In Limine
10/8/2021Proposed Voir Dire Questions
10/8/2021Request to Charge
10/7/2021 ORDER as to Susan Hammatt: A plea hearing will be held as to Defendant Susan Hammatt on Wednesday, October 13, 2021 at 4:30 p.m. With the Defendants consent, the hearing will take place by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. T he parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties lines. Seven days before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. (Change of Plea Hearing set for 10/13/2021 at 04:30 PM before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 10/7/2021) (ap)
10/1/2021 MEMO ENDORSEMENT as to Christopher Hammatt (1) granting 135 JOINT LETTER MOTION addressed to Judge Paul G. Gardephe from Nicholas Chiuchiolo dated September 30, 2021 re: Request for extension of time. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/1/2021) (lnl)
9/30/2021Letter Motion
5/20/2021FILED JUDGMENT IN A CRIMINAL CASE as to Joseph Hoats (3), Pleaded guilty to Count(s) 1s, Imprisonment for a total term of Time Served. Supervised release for a term of Two Years. Count(s) 4 is dismissed on the motion of the US. The first six months of the Defendant's supervised release will be served on home confinement enforced by electronic monitoring, with exceptions for religious services, medical care, legal advice, to pick up and drop off his grandchildren at school and take his grandchildren to medical appointments, and as otherwise approved by his Probation Officer. Special Assessment of $100 which is due immediately (Signed by Judge Paul G. Gardephe on 5/19/21)(jw) (Entered: 05/20/2021)
5/20/2021DISMISSAL OF COUNTS on Government Motion as to Joseph Hoats (3) Count 4. (jw) (Entered: 05/20/2021)
5/7/2021Minute Entry for proceedings held before Judge Paul G. Gardephe: Sentencing held on 5/7/2021 for Joseph Hoats (3) Count 1s. Sentence held. Defendant J. Hoats present with attorney Amy Gallichio. AUSA Nicholas Chiuchiolo present. See Judgment for terms of sentence. (Court Reporter Sadie Herbert) (ap) (Entered: 05/07/2021)
5/5/2021ORDER as to Joseph Hoats: The sentencing currently scheduled for May 7, 2021 at 2:00 p.m. will now take place on May 7, 2021 at 4:00 p.m. (Sentencing set for 5/7/2021 at 04:00 PM before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 5/5/2021) (ap) (Entered: 05/06/2021)
5/3/2021ORDER as to Joseph Hoats: The sentencing scheduled for May 3, 2021 is adjourned to May 7, 2021 at 2:00 p.m. With the consent of the Defendant, the sentencing will proceed by teleconference. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the sentencing by dialing the same number and using the same access code. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' lines. No later than May 6, 2021 at 5:00 p.m., the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the sentencing so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. (Sentencing set for 5/7/2021 at 02:00 PM before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 5/3/2021) (ap) (Entered: 05/03/2021)
5/2/2021SENTENCING SUBMISSION by USA as to Joseph Hoats. (Chiuchiolo, Nicholas) (Entered: 05/02/2021)
4/26/2021 LETTER MOTION addressed to Judge Paul G. Gardephe from Amy Gallicchio dated April 26, 2021 re: Consent to Proceed Remotely . Document filed by Joseph Hoats. (Gallicchio, Amy) (Entered: 04/26/2021)
4/15/2021SENTENCING SUBMISSION by USA as to Joseph Hoats. (Attachments: # 1 Exhibit A)(Chiuchiolo, Nicholas) (Entered: 04/15/2021)
4/8/2021SENTENCING SUBMISSION by Joseph Hoats. (Attachments: # 1 Exhibit A to L)(Gallicchio, Amy) (Entered: 04/08/2021)
3/19/2021MEMO ENDORSEMENT as to Joseph Hoats (3) granting 126 LETTER MOTION addressed to Judge Paul G. Gardephe from Amy Gallicchio dated March 18, 2021 re: Bail Modification. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 3/19/2021) (ap) (Entered: 03/19/2021)
3/18/2021 LETTER MOTION addressed to Judge Paul G. Gardephe from Amy Gallicchio dated March 18, 2021 re: Bail Modification . Document filed by Joseph Hoats. (Gallicchio, Amy) (Entered: 03/18/2021)
2/10/2021ORDER as to Joseph Hoats: The sentencing currently scheduled for March 1, 2021 will take place on May 3, 2021 at 3:00 p.m. Any submissions on behalf of the Defendant are due April 8, 2021, and any submission by the Government is due on April 15, 2021. SO ORDERED. (Sentencing set for 5/3/2021 at 03:00 PM before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 2/10/2021) (lnl) (Entered: 02/10/2021)
2/8/2021 LETTER MOTION addressed to Judge Paul G. Gardephe from Amy Gallicchio dated February 8. 2021 re: Adjournment of Sentencing . Document filed by Joseph Hoats. (Gallicchio, Amy) (Entered: 02/08/2021)
2/2/2021ORDER as to Christopher Hammatt, Susan Hammatt. Trial will begin on November 8, 2021 at 9:30 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Motions in limine, proposed voir dire, and requests to charge are due on October 1, 2021. Any responsive papers are due on October 8, 2021. SO ORDERED. (Signed by Judge Paul G. Gardephe on 2/2/2021)(bw) (Entered: 02/02/2021)
1/29/2021Minute Entry for proceedings held before Judge Paul G. Gardephe:Status Conference as to Christopher Hammatt, Susan Hammatt held on 1/29/2021. Defendant Christopher Hammatt present with attorney Donald Duboulay. Defendant Susant Hammatt present with attorney Judith Vargas. AUSA Nicholas Chuicholo present. Court reporter Pamela Utter present. Jury trial set for 11/8/2021 at 9:30 am. Speedy trial time is excluded from 1/29/21 until 11/8/21. Bail continued. (Jury Trial set for 11/8/2021 at 09:30 AM before Judge Paul G. Gardephe.) (jw) (Entered: 01/29/2021)
1/22/2021Minute Entry for proceedings held before Judge Paul G. Gardephe:Status Conference as to Christopher Hammatt, Susan Hammatt held on 1/22/2021 Defendant C. Hammatt present with attorney D. Duboulay. AUSA Nicholas Chiuchiolo present. Court reporter Lisa Smith present. Status conference set for 1/29/21 at 10:00 am for defendants Christopher Hammatt and Susan Hammatt. Speedy trial time is excluded from 1/22/21 until 1/29/21 as to defendant Christopher Hammatt only. Bail continued. (Status Conference set for 1/29/2021 at 10:00 AM before Judge Paul G. Gardephe.) (jw) (Entered: 01/25/2021)
1/22/2021Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference as to Christopher Hammatt held on 1/22/2021. Defendant C. Hammatt present with attorney D. Duboulay. AUSA Nicholas Chiuchiolo present. Court reporter Lisa Smith present. Status conference set for 1/29/21 at 10:00 am for defendants Christopher Hammatt and Susan Hammatt. Speedy trial time is excluded from 1/22/21 until 1/29/21 as to defendant Christopher Hammatt only. Bail continued. (Status Conference set for 1/29/2021 at 10:00 AM before Judge Paul G. Gardephe) (lnl) (Entered: 01/22/2021)
1/21/2021ORDER 119 LETTER MOTION as to Susan Hammatt. The January 22, 2021 conference is as to Defendant Susan Hammat only adjourned to March 12, 2021 at 10:00 a.m. Tomorrow's conference will proceed as to Defendant Christopher Hammatt. Upon the application of Defendant Susan Hammatt, by and through her attorney Judith Vargas, it is further ORDERED that the time from January 22, 2021 through March 12, 2021 is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h) (7)(A), in the interests of justice. (Signed by Judge Paul G. Gardephe on 1/21/2021) (jw) (Entered: 01/22/2021)
1/20/2021 LETTER MOTION addressed to Judge Paul G. Gardephe . Document filed by Christopher Hammatt. (Duboulay, Donald) (Entered: 01/20/2021)
1/19/2021 LETTER MOTION addressed to Judge Paul G. Gardephe from Judith Vargas on behalf of Susan Hammatt dated January 19, 2021 re: Request for Adjournment of Jan 22, 2021 Status Conference . Document filed by Susan Hammatt. (Vargas, Judith) (Entered: 01/19/2021)
12/15/2020ORDER as to Joseph Hoats: Defendant Joseph Hoats' conditions of release are modified to permit Hoats to relocate to, and reside in, the Northern District of Illinois at the home of his daughter in Park Ridge, Illinois. The Pretrial Services Office is directed to transfer Defendant Hoats' supervision from the Central District of California to the Northern District of Illinois. (Signed by Judge Paul G. Gardephe on 12/15/2020) (ap) (Entered: 12/15/2020)
12/15/2020 LETTER MOTION addressed to Judge Paul G. Gardephe from Amy Gallicchio dated December 15, 2020 re: Bail Modification . Document filed by Joseph Hoats. (Gallicchio, Amy) (Entered: 12/15/2020)
11/28/2020ORDER as to Christopher Hammatt, Susan Hammatt. It is hereby ORDERED that the conference in this action previously scheduled for November 30, 2020, is adjourned to January 22, 2021 at 10:00 a.m. Upon the application of Defendant Susan Hammatt, by and through her attorney Judith Vargas, and Defendant Christopher Hammatt, by and through his attorney Donald duBoulay, and with the consent of the United States of America, by and through its counsel, Assistant United States Attorney Nicholas Chiuchiolo, it is further ORDERED that the time from November 30, 2020 through January 22, 2021 is excluded under the Speedy Trial Act, 18 U.S.C. §3161(h)(7)(A), in the interests of justice. The ends of justice served by the granting of this continuance outweigh the interest of the public and Defendants Susan Hammatt and Christopher Hammatt in a speedy trial, because it will permit Defendants to continue their review of discovery materials, conduct additional investigation, and continue their discussions with the Government regarding a pretrial disposition. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/28/2020)(bw) (Entered: 11/30/2020)
11/27/2020 LETTER MOTION addressed to Judge Paul G. Gardephe . Document filed by Christopher Hammatt. (Duboulay, Donald) (Entered: 11/27/2020)
11/27/2020 LETTER MOTION addressed to Judge Paul G. Gardephe from Judith Vargas on behalf of Susan Hammatt dated November 25, 2020 re: Request for Adjournment of Status Conference . Document filed by Susan Hammatt. (Vargas, Judith) (Entered: 11/27/2020)
11/16/2020Set/Reset Deadlines/Hearings as to Joseph Hoats:Defense Replies due by 2/15/2021. Government Responses due by 2/22/2021. First Disclosure of the presentence report is due January 11, 2021, Second disclosure is due Feb. 8, 2021 (jw) (Entered: 11/16/2020)
11/16/2020MEMO ENDORSEMENT 112 LETTER MOTION Reschedule Sentencing Deadlines as to Joseph Hoats...ENDORSEMENT....The Application is granted. Presentence interview is due December 17, 2020; First disclosure of the presentence report is due January 11, 2021; Second disclosure is due February 8, 2021; Defense submission is due February 15, 2021; and Government submission is due February 22, 2021. (Signed by Judge Paul G. Gardephe on 11/16/20) (jw) (Entered: 11/16/2020)
11/13/2020 LETTER MOTION addressed to Judge Paul G. Gardephe from Amy Gallicchio dated November 13, 2020 re: Extension of Sentencing Deadlines . Document filed by Joseph Hoats. (Gallicchio, Amy) (Entered: 11/13/2020)
11/10/2020ORDER as to Joseph Hoats: It is hereby ORDERED that the sentencing of the Defendant will take place on March 1, 2021 at 3:00 p.m. Any submissions on behalf of the Defendant are due February 8, 2021, and any submission by the Government is due on February 15, 2021. It is further ORDERED that the Probation Department prepare a presentence investigation report for the Defendant. SO ORDERED. (Sentencing set for 3/1/2021 at 03:00 PM before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 11/10/2020) (lnl) (Entered: 11/12/2020)
11/10/2020ORDER as to Joseph Hoats: IT IS HEREBY ORDERED that the Defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/10/2020) (lnl) (Entered: 11/12/2020)
11/5/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Hoats. Notice is hereby given that an official transcript of a Plea proceeding held on 10/30/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/05/2020)
11/5/2020TRANSCRIPT of Proceedings as to Joseph Hoats re: Plea held on 10/30/20 before Magistrate Judge Ona T. Wang. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2020. Redacted Transcript Deadline set for 12/7/2020. Release of Transcript Restriction set for 2/3/2021. (McGuirk, Kelly) (Entered: 11/05/2020)
11/2/2020ORDER as to Christopher Hammatt, Susan Hammatt, Joseph Hoats: This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f), to remind the Government of its disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the potential consequences of violating those obligations. (Signed by Judge Paul G. Gardephe on 10/30/2020) (See ORDER set forth) (ap) (Entered: 11/02/2020)
10/30/2020Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: (Via Video) Deft. present with attorney Gallicchio; AUSA Chiuchiolo is also present. Arraignment as to Joseph Hoats (3) Count 1s held on 10/30/2020. Plea entered by Joseph Hoats (3) Guilty as to Count 1s. Control date set for 1/29/21. (jm) (Entered: 10/30/2020)
10/30/2020CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Joseph Hoats. (jm) (Entered: 10/30/2020)
10/30/2020 Consent To proceed By Teleconference as to Joseph Hoats. (jm) (Entered: 10/30/2020)
10/30/2020WAIVER OF INDICTMENT by Joseph Hoats. (jm) (Entered: 10/30/2020)
10/30/2020(S1) SUPERSEDING INFORMATION (Felony) filed as to Joseph Hoats (3) count(s) 1s. (jm) (Entered: 10/30/2020)
10/29/2020ORDER as to Christopher Hammatt, Susan Hammatt. It is hereby ORDERED that the conference in this action previously scheduled for October 30, 2020, is adjourned to November 30, 2020 at 10:00 a.m. as to Defendants Susan Hammatt and Christopher Hammatt, and that the deadline for pre-trial motions is adjourned to November 27, 2020 as to Defendants Susan Hammatt and Christopher Hammatt. It is further ORDERED that the time from October 30, 2020 through November 30, 2020 is excluded under the Speedy Trial Act, 18 U.S.C. §3161(h)(7)(A), in the interests of justice. The ends of justice served by the granting of this continuance outweigh the interest of the public and Defendants Susan Hammatt and Christopher Hammatt in a speedy trial, because it will permit the parties to continue their discussions regarding a pretrial disposition. ( Status Conference set for 11/30/2020 at 10:00 AM before Judge Paul G. Gardephe.) Time excluded from 10/30/20 until 11/30/20. (Signed by Judge Paul G. Gardephe on 10/29/2020)(jw) (Entered: 10/30/2020)
10/29/2020 LETTER MOTION addressed to Judge Paul G. Gardephe . Document filed by Christopher Hammatt. (Duboulay, Donald) (Entered: 10/29/2020)
10/28/2020 LETTER MOTION addressed to Judge Paul G. Gardephe from Judith Vargas on behalf of Susan Hammatt dated October 28, 2020 re: Request for Adjournment of October 30, 2020 Status Conference Due to Ongoing Disposition Discussions Between the Parties . Document filed by Susan Hammatt. (Vargas, Judith) (Entered: 10/28/2020)
10/15/2020ORDER as to (19-Cr-67-3) Joseph Hoats. WHEREAS, defendant Joseph Hoats wishes to plead guilty before a Magistrate Judge; WHEREAS, in light of the ongoing COVID-19 pandemic, the proceeding is scheduled to take place remotely; WHEREAS the Court understands that the assigned Magistrate Judge shall hear the defendant's plea by telephone because videoconferencing is not reasonably available; WHEREAS the CARES Act and findings made by the Judicial Conference of the United States and Chief Judge Colleen McMahon of the Southern District of New York allow for guilty pleas to be taken by phone or video, subject to certain findings made by the presiding District Judge; WHEREAS the defendant resides in California, which is subject to New York State's COVID-19 travel advisory and mandatory quarantine and thus an in-person proceeding would be impracticable; WHEREAS the offense of conviction carries no mandatory minimum sentence and thus it is possible that the Court may impose a sentence of time served; WHEREAS the Government has indicated it intends to present a proposed superseding indictment to the grand jury if there is no pretrial disposition. THE COURT HEREBY FINDS, that because the defendant, after consultation with counsel, has consented to proceeding remotely, the plea proceeding cannot be further delayed without serious harm to the interests of justice. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/14/2020)(bw) (Entered: 10/15/2020)
10/14/2020ORDER as to (19-Cr-67-1) Christopher Hammatt. It is hereby ORDERED that the conference in this action previously scheduled for October 15, 2020, is adjourned to October 30, 2020 at 10:00 a.m. as to Defendant Christopher Hammatt, and that the deadline for pre-trial motions is adjourned to October 29, 2020 as to Defendant Christopher Hammatt. Upon the application of Defendant Christopher Hammatt, by and through his attorney Donald duBoulay, and with the consent of the United States of America, by and through its counsel, Assistant United States Attorney Nicholas Chiuchiolo, it is further ORDERED that the time from October 15, 2020 through October 30, 2020 is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), in the interests of justice. The ends of justice served by the granting of this continuance outweigh the interest of the public and Defendant Christopher Hammatt in a speedy trial, because it will permit the parties to continue their discussions regarding a pretrial disposition. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/14/2020)(bw) (Entered: 10/14/2020)
10/13/2020 LETTER MOTION addressed to Judge Paul G. Gardephe . Document filed by Christopher Hammatt. (Duboulay, Donald) (Entered: 10/13/2020)
10/13/2020ORDER as to (19-Cr-67-2) Susan Hammatt. It is hereby ORDERED that the conference in this action previously scheduled for October 15, 2020, is adjourned to October 30, 2020 at 10:00 a.m. as to Defendant Susan Hammatt only, and that the deadline for pre-trial motions is adjourned to October 29, 2020 as to Defendant Susan Hammatt only. Upon the application of Defendant Susan Hammatt, by and through her attorney Judith Vargas, and with the consent of the United States of America, by and through its counsel, Assistant United States Attorney Nicholas Chiuchiolo, it is further ORDERED that the time from October 15, 2020 through October 30, 2020 is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), in the interests of justice. The ends of justice served by the granting of this continuance outweigh the interest of the public and Defendant Susan Hammatt in a speedy trial, because it will permit the parties to continue their discussions regarding a pretrial disposition. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/13/2020)(bw) (Entered: 10/13/2020)
10/13/2020Terminate Deadlines and Hearings as to Joseph Hoats (3): Terminated Status Conference set for 10/15/2020 at 10:00 AM before Judge Paul G. Gardephe. (bw) (Entered: 10/13/2020)
10/13/2020ORDER as to (19-Cr-67-3) Joseph Hoats. It is hereby ORDERED that the conference in this action previously scheduled for October 15, 2020 at 10:00 a.m. is adjourned sine die as to Defendant Hoats only, and that the deadline for pretrial motions is adjourned to October 28, 2020 as to Defendant Hoats only. Upon the application of Joseph Hoats, by and through his attorney Amy Gallicchio, and with the consent of the United States of America, by and through its counsel, Assistant United States Attorney Nicholas Chiuchiolo, it is further ORDERED that the time from October 15, 2020 through October 28, 2020 is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), in the interests of justice. The ends of justice served by the granting of this continuance outweigh the interest of the public and the Defendants in a speedy trial, because it will permit the parties to schedule a change of plea hearing. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/13/2020)(bw) (Entered: 10/13/2020)
10/13/2020 LETTER MOTION addressed to Judge Paul G. Gardephe from Judith Vargas on behalf of Susan Hammatt dated October 13, 2020 re: Request for Adjournment of 10-15-2020 Status Conference . Document filed by Susan Hammatt. (Vargas, Judith) (Entered: 10/13/2020)
10/12/2020 LETTER MOTION addressed to Judge Paul G. Gardephe from Amy Gallicchio dated October 12, 2020 re: Adjournment of pretrial conference . Document filed by Joseph Hoats. (Gallicchio, Amy) (Entered: 10/12/2020)
9/23/2020ORDER as to Christopher Hammatt, Susan Hammatt, Joseph Hoats: It is hereby ORDERED that the conference in this matter scheduled for October 15, 2020 will take place by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties lines. Seven days before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. (Signed by Judge Paul G. Gardephe on 9/23/2020) (ap) (Entered: 09/23/2020)
9/17/2020MEMO ENDORSED denying 90 LETTER MOTION Substitution of Smartlink GPS location device to be placed on cell phone as to Christopher Hammatt (1)...ENDORSEMENT: The application is denied. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/17/2020) (jbo) (Entered: 09/17/2020)
9/16/2020 LETTER MOTION addressed to Judge Paul G. Gardephe . Document filed by Christopher Hammatt. (Duboulay, Donald) (Entered: 09/16/2020)
9/7/2020ORDER as to Christopher Hammatt, Susan Hammatt, Joseph Hoats: It is hereby ORDERED that the conference in this action previously scheduled for September 11, 2020 adjourned to October 15, 2020 at 10:00 a.m., and that the deadline for pretrial motions is adjourned to October 14, 2020. Upon the application of Joseph Hoats, by and through his attorney Amy Gallicchio, and with the consent of the United States of America, Christopher Hammatt and Susan Hammatt, by and through their respective counsel, Assistant United States Attorney Nicholas Chiuchiolo, Donald duBoulay, and Judith Vargas, it is further ORDERED that the time from September 11, 2020 through October 15, 2020 is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), in the interests of justice. The ends of justice served by the granting of this continuance outweigh the interest of the public and the Defendants in a speedy trial, because it will permit the parties to continue discussions regarding a potential pretrial disposition of this matter. SO ORDERED. (Motions due by 10/14/2020. Status Conference set for 10/15/2020 at 10:00 AM before Judge Paul G. Gardephe.) (Time excluded from 9/11/2020 until 10/15/2020) (Signed by Judge Paul G. Gardephe on 9/7/2020) (lnl) (Entered: 09/08/2020)
9/4/2020 LETTER MOTION addressed to Judge Paul G. Gardephe from Amy Gallicchio dated September 4, 2020 re: Adjournment of pretrial conference . Document filed by Joseph Hoats as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao. (Gallicchio, Amy) (Entered: 09/04/2020)
9/4/2020 LETTER MOTION addressed to Judge Paul G. Gardephe from Amy Gallicchio dated September 4, 2020 re: Adjournment of pretrial conference . Document filed by Joseph Hoats as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao. (Gallicchio, Amy) (Entered: 09/04/2020)
6/29/2020MEMO ENDORSEMENT as to Christopher Hammatt re: 85 Letter filed by Christopher Hammatt...ENDORSEMENT: The application is approved. Defendant's bond is modified to place him on location monitoring, and to allow him to make out-of-state deliveries in connection with his employment as a truck driver. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/29/2020)(jbo) (Entered: 06/29/2020)
6/26/2020 LETTER by Christopher Hammatt addressed to Judge Paul G. Gardephe (Duboulay, Donald) (Entered: 06/26/2020)
6/24/2020 LETTER by USA as to Christopher Hammatt addressed to Judge Paul G. Gardephe from AUSA Jun Xiang dated June 24, 2020 re: Violation Report Document filed by USA. (Xiang, Jun) (Entered: 06/24/2020)
6/21/2020ORDER as to Christopher Hammatt. The parties are directed to each file a letter responding to the Pretrial Services memorandum dated June 18, 2020 by June 26, 2020. (Signed by Judge Paul G. Gardephe on 6/20/20)(jw) (Entered: 06/22/2020)
6/15/2020ORDER as to Christopher Hammatt, Susan Hammatt, Joseph Hoats: It is hereby ORDERED that there shall be a conference in this matter on September 11, 2020 at 11:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. It is further ORDERED that any pretrial motions are due on September 10, 2020. Upon the application of the United States of America, by and through Assistant United States Attorney Nicholas Chiuchiolo, and with the consent of Christopher Hammatt, Susan Hammatt, and Joseph Hoats, by and through their respective counsel, Donald DuBoulay, Judith Vargas, and Amy Gallicchio, it is hereby ORDERED that the time from June 12, 2020 through September 11, 2020 is excluded under the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A). The Court finds that the granting of such a continuance serves the ends of justice and outweighs the best interests of the public and the defendants in a speedy trial, because it will allow the parties time for continued review of discovery, plea discussions, and preparation of pretrial motions. SO ORDERED.(Pretrial Motions due by 9/10/2020. Status Conference set for 9/11/2020 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Time excluded from 6/12/2020 until 9/11/2020) (Signed by Judge Paul G. Gardephe on 6/12/2020) (lnl) (Entered: 06/15/2020)
6/12/2020Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference as to Christopher Hammatt, Susan Hammatt, Joseph Hoats held on 6/12/2020. Status conference held via telephone. Defendant C. Hammett present with attorney Donald Duboulay. Defendant S. Hammett present with attorney Judith Vargas. Defendant J. Hoats present with attorney Amy Gallichio. AUSAs Nicholas Chuichiolo and Jun Xiang present. Court reporter Kelly Surina present. (lnl) (Entered: 06/15/2020)
6/8/2020ORDER as to Christopher Hammatt, Susan Hammatt, Joseph Hoats: It is hereby ORDERED that the conference currently scheduled for June 12, 2020 will take place by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the telephone conference by dialing the same number and using the same access code. (Signed by Judge Paul G. Gardephe on 6/8/2020)(ap) (Entered: 06/08/2020)
6/8/2020MEMO ENDORSEMENT as to Joseph Hoats (3) on 79 LETTER MOTION addressed to Judge Paul G. Gardephe from Amy Gallicchio dated June 3, 2020 re: Bail Modification. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 6/8/2020) (ap) (Entered: 06/08/2020)
6/3/2020 LETTER MOTION addressed to Judge Paul G. Gardephe from Amy Gallicchio dated June 3, 2020 re: Bail Modification . Document filed by Joseph Hoats. (Gallicchio, Amy) (Entered: 06/03/2020)
6/3/2020 LETTER MOTION addressed to Judge Paul G. Gardephe from Amy Gallicchio dated June 3, 2020 re: Request to appear remotely at PTC . Document filed by Joseph Hoats as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao. (Gallicchio, Amy) (Entered: 06/03/2020)
6/2/2020NOLLE PROSEQUI ENTERED as to Edwin Tanglao. Edwin Tanglao (4) Count 4. Upon the foregoing recommendation, I hereby direct, with leave of the Court, that an order of nolle prosequi be filed as to defendant EDWIN TANGLAO with respect to Indictment 19 Cr. 67 (PGG). (Signed by Judge Paul G. Gardephe on 6/2/20)(jw) (Entered: 06/02/2020)
5/4/2020ORDER as to Christopher Hammatt, Susan Hammatt, Joseph Hoats: It is hereby ORDERED that the conference in this action previously scheduled for May 20, 2020 is adjourned to June 12, 2020 at 10:30 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. It is further ORDERED that defense counsel will appear in-person, and Defendants may appear by phone. Pursuant to Standing Order In Re: Coronavirus/COVID-19 Pandemic, No. 20 Misc. 196 (April 20, 2020), it is further ORDERED that the time from May 20, 2020 through June 12, 2020 is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), in the interests of justice. The ends of justice served by the granting of this continuance outweigh the interest of the public and the Defendants in a speedy trial, because of the recent pandemic and the difficulties it has presented in connection with attorney-client communication. Time excluded from 5/20/2020 until 6/12/2020. (Status Conference set for 6/12/2020 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 5/4/2020) (ap) (Entered: 05/04/2020)
4/2/2020ORDER as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao: It is hereby ORDERED that the conference in this action previously scheduled for April 10, 2020 is adjourned to May 20, 2020 at 3:45 p.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Upon the application of the United States of America, by and through Assistant United States Attorney Nicholas Chiuchiolo, and with the consent of Christopher Hammatt, Susan Hammatt, Joseph Hoats, and Edwin Tanglao, by and through their respective counsel, Donald DuBoulay, Judith Vargas, Amy Gallicchio, and Mark DeMarco, it is hereby ORDERED that the time from April 3, 2020 through May 20, 2020 is excluded under the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A). The Court finds that the granting of such a continuance serves the ends of justice and outweighs the best interests of the public and the defendants in a speedy trial, because it will allow the Government time to review discovery for which privilege was recently waived, and will allow Defendants additional time to complete their review of the voluminous discovery, consider potential motions, and discuss potential pretrial dispositions with their clients. Time excluded from 4/3/2020 until 5/20/2020. (Status Conference set for 5/20/2020 at 03:45 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 4/2/2020) (ap) (Entered: 04/02/2020)
3/31/2020 LETTER by USA as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao addressed to Judge Paul G. Gardephe from Nicholas W. Chiuchiolo dated March 31, 2020 re: Adjournment of pretrial conference Document filed by USA. (Chiuchiolo, Nicholas) (Entered: 03/31/2020)
3/6/2020ORDER as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao. It is hereby ORDERED that the conference currently scheduled for March 12, 2020 is adjourned to April 10, 2020 at 11:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Upon the application of Joseph Hoats, by and through his counsel, Amy Gallicchio, and with the consent of Assistant United States Attorney Jun Xiang, and Defendants Christopher Hammatt, Susan Hammatt, and Edwin Tanglao, by and through their respective counsel Donald Duboulay, Judith Vargas, and Mark DeMarco, it is hereby ORDERED that the time from March 12, 2020 through April 10, 2020 is excluded under the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A). The Court finds that the granting of such a continuance serves the ends of justice and outweighs the best interests of the public and the defendants in a speedy trial, because it will allow the parties time to complete their review of discovery, prepare pretrial motions, and ensure continuity of counsel. Time excluded from 3/6/2020 until 4/10/2020. (Status Conference set for 4/10/2020 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 3/6/2020) (ap) Modified on 3/9/2020 (ap). (Entered: 03/06/2020)
3/5/2020 LETTER by USA as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao addressed to Judge Paul G. Gardephe from Nicholas Chiuchiolo dated March 5, 2020 re: Status update Document filed by USA. (Chiuchiolo, Nicholas) (Entered: 03/05/2020)
3/3/2020MEMO ENDORSEMENT as to Joseph Hoats (3) on 70 LETTER MOTION addressed to Judge Paul G. Gardephe from Amy Gallicchio dated March 2, 2020 re: Adjournment of pretrial conference. ENDORSEMENT: The parties are directed to submit a status letter by March 5, 2020 explaining the status of discovery, pretrial motions, and the likelihood of a pretrial disposition. (Signed by Judge Paul G. Gardephe on 3/3/2020) (ap) (Entered: 03/03/2020)
3/2/2020 LETTER MOTION addressed to Judge Paul G. Gardephe from Amy Gallicchio dated March 2, 2020 re: Adjournment of pretrial conference . Document filed by Joseph Hoats. (Gallicchio, Amy) (Entered: 03/02/2020)
1/30/2020MEMO ENDORSEMENT as to Christopher Hammatt (1) granting 68 LETTER MOTION addressed to Judge Paul G. Gardephe. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/29/2020) (lnl) (Entered: 01/30/2020)
1/29/2020 LETTER MOTION addressed to Judge Paul G. Gardephe . Document filed by Christopher Hammatt. (Duboulay, Donald) (Entered: 01/29/2020)
1/21/2020MEMO ENDORSEMENT as to Christopher Hammatt (1) granting 64 LETTER MOTION addressed to Judge Paul G. Gardephe. ENDORSEMENT: The Application is granted, subject to location monitoring (GPS electronic device) (bracelet). (Signed by Judge Paul G. Gardephe on 1/20/2020) (ap) (Entered: 01/21/2020)
1/16/2020ORDER as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao: It is hereby ORDERED that the conference currently scheduled for February 19, 2020 is adjourned to March 12, 2020 at 2:00 p.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Upon application of the Government and the Defendants, it is further ORDERED that the time between February 19, 2020 and March 12, 2020 is excluded under the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A). The Court finds that the granting of such a continuance serves the ends of justice and outweighs the best interests of the public and the Defendants in a speedy trial, because it will permit defense counsel additional time to review discovery and will ensure continuity of counsel. (Status Conference set for 3/12/2020 at 02:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Time excluded from 2/19/2020 until 3/12/2020) (Signed by Judge Paul G. Gardephe on 1/16/2020) (lnl) (Entered: 01/16/2020)
1/15/2020SECOND LETTER MOTION addressed to Judge Paul G. Gardephe from Judith Vargas on behalf of Susan Hammatt and all parties dated January 15, 2020 re: 63 Order to Continue - Interest of Justice, Set Deadlines/Hearings, Terminate Motions,,,,,,,,,,,,,,, 62 LETTER MOTION addressed to Judge Paul G. Gardephe from Judith Vargas on behalf of Susan Hammatt and all Co-Counsel dated December 11, 2019 re: Request for Adjournment of December 18, 2019 Status Conference . re: Request for Adjournment of Status Conference Due to Work Scheduling Conflict . Document filed by Susan Hammatt as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao. (Vargas, Judith) (Entered: 01/15/2020)
1/14/2020 LETTER MOTION addressed to Judge Paul G. Gardephe . Document filed by Christopher Hammatt. (Duboulay, Donald) (Entered: 01/14/2020)
12/11/2019ORDER as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao: It is hereby ORDERED that the conference currently scheduled for Wednesday, December 18, 2019 at 12:30 p.m. is adjourned to Wednesday, February 19, 2020 at 11:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Upon the application of Susan Hammatt, by and through her counsel, Judith Vargas, and with the consent of Assistant United States Attorney Jun Xiang, and Defendants Christopher Hammatt, Joseph Hoats, and Edwin Tanglao, by and through their respective counsel Donald Duboulay, Amy Gallicchio, and Mark DeMarco, it is hereby ORDERED that the time from December 18, 2019 through February 19, 2020 is excluded under the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A). The Court finds that the granting of such a continuance serves the ends of justice and outweighs the best interests of the public and the defendants in a speedy trial, because it will allow the parties time to review additional discovery materials that were recently produced. SO ORDERED. (Status Conference set for 2/19/2020 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Time excluded from 12/11/2019 until 2/19/2019) (Signed by Judge Paul G. Gardephe on 12/11/2019)(lnl) (Entered: 12/11/2019)
12/11/2019 LETTER MOTION addressed to Judge Paul G. Gardephe from Judith Vargas on behalf of Susan Hammatt and all Co-Counsel dated December 11, 2019 re: Request for Adjournment of December 18, 2019 Status Conference . Document filed by Susan Hammatt as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao. (Vargas, Judith) (Entered: 12/11/2019)
11/13/2019NOTICE OF ATTORNEY APPEARANCE Jun Xiang appearing for USA. (Xiang, Jun) (Entered: 11/13/2019)
10/25/2019ORDER as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao: It is hereby ORDERED that the conference currently scheduled for October 29, 2019 is adjourned to Wednesday, December 18, 2019 at 12:30 p.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Upon application of the Government and the Defendants, it is further ORDERED that the time between October 29, 2019 and December 18, 2019 is excluded under the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A). The Court finds that the granting of such a continuance serves the ends of justice and outweighs the best interests of the public and the Defendants in a speedy trial, because it will permit defense counsel additional time to review discovery and explore a possible disposition of this matter. (Status Conference set for 12/18/2019 at 12:30 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 10/25/2019) (ap) (Entered: 10/28/2019)
10/25/2019 LETTER by USA as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao addressed to Judge Paul G. Gardephe from Nicholas Chiuchiolo dated October 25, 2019 re: Adjournment of pretrial conference Document filed by USA. (Chiuchiolo, Nicholas) (Entered: 10/25/2019)
10/23/2019 LETTER by USA as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao addressed to Judge Paul G. Gardephe from Nicholas Chiuchiolo dated October 23, 2019 re: Adjournment of pretrial conference Document filed by USA. (Chiuchiolo, Nicholas) (Entered: 10/23/2019)
9/13/2019Minute Entry for proceedings held before Judge Paul G. Gardephe: Pretrial Conference as to Edwin Tanglao held on 9/13/2019. Defendant Edwin Tanglao present with attorney Mark DeMarco. AUSA Nicholas Chuichiolo present. Court reporter Andrew Walker present. Status conference set for 10/29/19 at 12:30 pm. Speedy trial time is excluded from 9/13/19 until 10/29/19. Detention continued. (Status Conference set for 10/29/2019 at 12:30 PM before Judge Paul G. Gardephe) (lnl) (Entered: 09/13/2019)
9/10/2019MEMO ENDORSED granting 50 LETTER MOTION Bail modification as to Christopher Hammatt (1)...ENDORSEMENT: The application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/10/19) (jbo) (Entered: 09/10/2019)
9/10/2019Set/Reset Hearings as to Edwin Tanglao: Pretrial Conference set for 9/13/2019 at 09:30 AM before Judge Paul G. Gardephe. (jbo) (Entered: 09/10/2019)
9/10/2019MEMO ENDORSED granting 55 LETTER MOTION Request to Reschedule Conference to 9:30 a.m. as to Edwin Tanglao (4)...ENDORSEMENT: The application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/10/19) (jbo) (Entered: 09/10/2019)
9/9/2019 LETTER MOTION addressed to Judge Paul G. Gardephe from Mark S. DeMarco dated September 9, 2019 re: Request to Reschedule Conference to 9:30 a.m.. Document filed by Edwin Tanglao as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao. (DeMarco, Mark) (Entered: 09/09/2019)
9/9/2019 ORDER as to Edwin Tanglao: It is hereby ORDERED that there shall be a conference in the above-captioned case on Friday, September 13, 2019 at 10:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Pretrial Conference set for 9/13/2019 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 9/9/2019) (ap) (Entered: 09/09/2019)
9/5/201953 Medical Attention Form as to Edwin Tanglao. (jw) (Entered: 09/09/2019)
9/5/2019Minute Entry for proceedings held before Magistrate Judge Sarah Netburn:Arraignment on disposition sheet as to Edwin Tanglao (4) Count 4 held on 9/5/2019. Deft present with atty Mark Demarco. AUSA Nicholas Chiuchiolo present. Deft arraigned and pleads not guilty. Next conference set before District Judge on 10/29/19. Speedy trial time excluded under 18 USC 3161(h)(7) until 10/29/19. (jw) (Entered: 09/09/2019)
9/5/2019Attorney update in case as to Edwin Tanglao. Attorney Mark Steven DeMarco for Edwin Tanglao added. (jw) (Entered: 09/06/2019)
9/5/201951CJA 23 Financial Affidavit by Edwin Tanglao. (Signed by Magistrate Judge Sarah Netburn) Attorney Mark S. DeMarco (jw) (Entered: 09/06/2019)
9/5/2019 LETTER MOTION addressed to Judge Paul G. Gardephe . Document filed by Christopher Hammatt. (Duboulay, Donald) (Entered: 09/05/2019)
8/13/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christopher Hammatt, Susan Hammatt, Joseph Hoats. Notice is hereby given that an official transcript of a Conference proceeding held on 7/18/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/13/2019)
8/13/2019TRANSCRIPT of Proceedings as to Christopher Hammatt, Susan Hammatt, Joseph Hoats re: Conference held on 7/18/19 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/3/2019. Redacted Transcript Deadline set for 9/13/2019. Release of Transcript Restriction set for 11/12/2019. (McGuirk, Kelly) (Entered: 08/13/2019)
8/6/2019ORDER as to Christopher Hammatt (1) granting 46 LETTER MOTION addressed to Judge Paul G. Gardephe. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 8/6/2019) (ap) (Entered: 08/06/2019)
8/5/2019 LETTER MOTION addressed to Judge Paul G. Gardephe . Document filed by Christopher Hammatt. (Duboulay, Donald) (Entered: 08/05/2019)
7/18/2019Set/Reset Hearings as to Christopher Hammatt, Susan Hammatt, Joseph Hoats: Status Conference set for 10/29/2019 at 12:30 PM before Judge Paul G. Gardephe. (lnl) (Entered: 07/18/2019)
7/18/2019Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference as to Christopher Hammatt, Susan Hammatt, Joseph Hoats held on 7/18/2019. Defendant C. Hammatt present with attorney Donald duBoulay. Defendant S. Hammatt present with attorney Judith Vargas. Defendant Joseph Hoats present with attorney Amy Gallichio.AUSA Nicholas Chuichiolos present. Court reporter Khris Sellin present. Status conference set for 10/29/19 at 12:30 pm. Speedy trial time is excluded from 7/18/19 to 10/29/19. Bail continued. (lnl) (Entered: 07/18/2019)
7/15/2019TRANSPORTATION ORDER as to Christopher Hammatt, Susan Hammatt. Upon the application of Christopher Hammatt and Susan Hammatt, by their respective counsels Donald duBoulay and Judith Vargas, pursuant to 18 U.S.C. §4285, and in the interest of justice, it is hereby, ORDERED, that the United States Marshal's Service shall arrange for the non-custodial transportation of Christopher S. Hammatt and Susan E. Hammatt from either Los Angeles international airport in Los Angeles, California, Ontario international airport in Ontario, California or San Diego international airport in San Diego, California to any appropriate airport in the greater New York area to depart on Tuesday, July 16, 2019 at 8 p.m. or later and arrive in New York no later than Wednesday July 17, 2019 at 8 a.m; as well as Mr. and Mrs. Hammatts' return trip to either Los Angeles, or Ontario international airports after their court appearance on July 18, 2019 at 11:00 a.m., and it is further ORDERED that the cost of such transportation and subsistence expenses be paid by the United States Marshal's Service out of funds authorized by the Attorney General for such expenses. SO ORDERED: (Signed by Judge Paul G. Gardephe on 7/15/2019)(bw) (Entered: 07/15/2019)
7/12/2019 LETTER MOTION addressed to Judge Paul G. Gardephe . Document filed by Christopher Hammatt. (Duboulay, Donald) (Entered: 07/12/2019)
7/12/2019TRANSPORTATION ORDER as to Joseph Hoats. ORDERED that the United States Marshals Service furnish Joseph Hoats with funds to cover the cost of travel from any appropriate airport in the area of Corona, California, to an appropriate airport in the greater New York area, to depart on Tuesday, July 16, 2019 at 8:00pm or later and arrive in New York no later than Wednesday, July 17, 2019 at 8:00am; as well as Mr. Hoat's return trip to Corona, California after his court well as appearance his court appearance on Thursday, July 18, 2019 at 11:00am, and it is hereby further ORDERED that the aforesaid expenses shall be paid by the United States Marshals Service. (Signed by Judge Paul G. Gardephe on 7/12/2019) (ap) Modified on 7/30/2019 (ap). (Entered: 07/12/2019)
7/12/2019 LETTER by Joseph Hoats addressed to Judge Paul G. Gardephe from Amy Gallicchio, Attorney dated July 12, 2019 re: Transportation Order (Gallicchio, Amy) (Entered: 07/12/2019)
6/13/2019MEMO ENDORSEMENT as to Christopher Hammatt (1) granting 40 LETTER MOTION addressed to Judge Paul G. Gardephe. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 6/13/2019) (ap) (Entered: 06/13/2019)
6/12/2019 LETTER MOTION addressed to Judge Paul G. Gardephe . Document filed by Christopher Hammatt. (Duboulay, Donald) (Entered: 06/12/2019)
6/12/2019NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Christopher Hammatt: Notice to Attorney Duboulay, Donald to RE-FILE Document 39 MOTION to Modify Conditions of Release. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 06/12/2019)
6/12/2019 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Modify Conditions of Release . Document filed by Christopher Hammatt. (Duboulay, Donald) Modified on 6/12/2019 (ka). (Entered: 06/12/2019)
6/11/201938SEALED DOCUMENT placed in vault. (mhe) (Entered: 06/11/2019)
6/7/2019ORDER as to Christopher Hammatt, Susan Hammatt, Joseph Hoats ( Pretrial Conference set for 7/18/2019 at 11:00 AM before Judge Paul G. Gardephe.) It is hereby ORDERED that the conference currently scheduled for June 13, 2019 is adjourned to Thursday, July 18, 2019 at 11:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. The Clerk of Court is directed to terminate the letter motion requesting an adjournment (Dkt. No. 36). (Signed by Judge Paul G. Gardephe on 6/7/2019)(jw) (Entered: 06/07/2019)
6/5/2019 LETTER MOTION addressed to Judge Paul G. Gardephe from Judith Vargas on behalf of Susan Hammatt dated June 5, 2019 re: Request for Adjournment of Status Conference . Document filed by Susan Hammatt. (Vargas, Judith) (Entered: 06/05/2019)
5/15/2019MEMO ENDORSEMENT granting 34 LETTER MOTION To travel to Phoenix, Arizona by automobile, with Ms. Hammatt, May 16, 2019 from his home in Los Angeles, CA and return to his residence the following day May 17, 2019 following his medical appointment...ENDORSEMENT...The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/15/19) (jw) (Entered: 05/15/2019)
5/15/2019 LETTER MOTION addressed to Judge Paul G. Gardephe . Document filed by Christopher Hammatt. (Duboulay, Donald) (Entered: 05/15/2019)
5/15/2019NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Christopher Hammatt: Notice to Attorney Duboulay, Donald to RE-FILE Document 33 MOTION to Modify Conditions of Release. LETTER MOTION addressed to Judge Paul G. Gardephe. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 05/15/2019)
5/15/2019 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Modify Conditions of Release ., LETTER MOTION addressed to Judge Paul G. Gardephe . Document filed by Christopher Hammatt. (Duboulay, Donald) Modified on 5/15/2019 (ka). (Entered: 05/15/2019)
5/13/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christopher Hammatt, Susan Hammatt. Notice is hereby given that an official transcript of a Arraignment proceeding held on 3/14/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/13/2019)
5/13/2019TRANSCRIPT of Proceedings as to Christopher Hammatt, Susan Hammatt re: Arraignment held on 3/14/19 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/3/2019. Redacted Transcript Deadline set for 6/13/2019. Release of Transcript Restriction set for 8/12/2019. (McGuirk, Kelly) (Entered: 05/13/2019)
4/18/2019 PROTECTIVE ORDER as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Paul G. Gardephe on 4/18/19)(jw) (Entered: 04/18/2019)
4/16/2019MEMO ENDORSEMENT granting 28 LETTER MOTION To request a modification in the bail condition of Mr. Hammatt, to allow him to attend a medical doctor's appointment with Dr Scott Edwards of the CORE Institute in Phoenix, Arizona on April 18, 2019 from his home in Los Angeles, CA.....ENDORSEMENT....The Application is granted. SO ORDERED (Signed by Judge Paul G. Gardephe on 4/17/19) (jw) (Entered: 04/17/2019)
4/16/2019 LETTER MOTION addressed to Judge Paul G. Gardephe . Document filed by Christopher Hammatt. (Duboulay, Donald) (Entered: 04/16/2019)
4/3/2019MEMO ENDORSED on 26 LETTER MOTION re: permission to travel as to Christopher Hammatt (1)...ENDORSEMENT: Travel on April 4, 2019 and April 7, 2019 is approved. This court cannot approve travel throughout the United States without more information as to where the defendant is expected to travel if he obtains employment; how he will report to PTS while on the road, and whether the Government and SDNY PTS are comfortable with the proposed reporting regime. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/3/19) (jbo) (Entered: 04/03/2019)
3/29/2019 LETTER MOTION addressed to Judge Paul G. Gardephe . Document filed by Christopher Hammatt. (Duboulay, Donald) (Entered: 03/29/2019)
3/15/2019NOTICE OF ATTORNEY APPEARANCE: Judith Vargas appearing for Susan Hammatt. Appearance Type: CJA Appointment. (Vargas, Judith) (Entered: 03/15/2019)
3/14/2019PRB Bond Entered as to Susan Hammatt in amount of $ 100,000.00. Strict pretrial supervision; Surrender of all travel documents and no new applications for travel documents; Travel restricted to the Central District of California, the Southern District of NY, and the Eastern District of NY; No contact with alleged co-conspirators other than a spouse and no contact with alleged victims; Deft will be supervised by the pretrial services office for the Central District of California. (jw) (Entered: 03/18/2019)
3/14/2019PRB Bond Entered as to Christopher Hammatt in amount of $100,000.00. Strict pretrial supervision; Surrender of all travel documents and no new applications for travel documents; Travel restricted to the Central District of California, the Southern District of NY, and the Eastern District of NY; No contact with alleged co-conspirator other than a spouse and no contact with alleged victims; Deft will be supervised by the pretrial services office for the Central District of California (jw) (Entered: 03/18/2019)
3/14/2019Minute Entry for proceedings held before Judge Paul G. Gardephe:Arraignment as to Christopher Hammatt (1) Count 1,2,4 and Susan Hammatt (2) Count 1,2,3,4 held on 3/14/2019., Plea entered by Christopher Hammatt (1) Count 1,2,4 and Susan Hammatt (2) Count 1,2,3,4 Not Guilty. Plea entered by Christopher Hammatt (1) Count 1,2,4 and Susan Hammatt (2) Count 1,2,3,4 ( Pretrial Conference set for 6/13/2019 at 12:30 PM before Judge Paul G. Gardephe.) Defendant Christopher Hammatt present with CJA attorney Donald Duboulay. Defendant Susan Hammatt present CJA attorney Judith Vargas. AUSA Thomas John Wright for behalf of Nicholas Chuichiolo present. Pretrial Officer present. Court reporter Alana Lynch present. Both defendants enter pleas of not guilty. Status conference set for 6/13/19 at 12:30 pm. Speedy trial time is excluded from 3/14/19 until 6/13/19. (jw) (Entered: 03/15/2019)
3/14/2019TRANSPORTATION ORDER as to Christopher Hammatt, Susan Hammatt: ORDERED, that the United States Marshal's Service shall arrange for the non-custodial one way transportation of Christopher Hammatt and Susan Hammatt from any airport near the Southern District of New York to either Los Angeles international airport in Los Angeles California, Ontario international airport in Ontario, California or San Diego international airport in San Diego, California to return from attending a court hearing on March 14, 2019, in United States v. Hammatt, et al., 19Cr.067 (PGG); that the flight be scheduled to depart on March 14, 2019 or as soon thereafter as practical and that the cost of such transportation be paid by the United States Marshal's Service out of funds authorized by the Attorney General for such expenses. SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/14/2019) (lnl) (Entered: 03/15/2019)
3/14/2019ORDER as to Christopher Hammatt, Susan Hammatt. The Court having today arraigned Defendant Christopher Hammatt and Defendant Susan Hammatt, and having considered the parties' arguments as to bail, each Defendant is ordered released on the following bail package: a $100,000 personal recognizance bond; strict pretrial services supervision; surrender of all travel documents and no new applications for travel documents; travel restricted to the Central District of California, the Southern District of New and the Eastern District of New York; no contact with alleged co-conspirators other than a spouse, and no contact with alleged victims. Defendants will be supervised by the Pretrial Services Office for the Central District of California. (Signed by Judge Paul G. Gardephe on 3/14/2019) (ap) Modified on 3/15/2019 (ap). (Entered: 03/14/2019)
3/13/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Hoats. Notice is hereby given that an official transcript of a Arraignment proceeding held on 2/14/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/13/2019)
3/13/2019TRANSCRIPT of Proceedings as to Joseph Hoats re: Arraignment held on 2/14/19 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/3/2019. Redacted Transcript Deadline set for 4/15/2019. Release of Transcript Restriction set for 6/11/2019. (McGuirk, Kelly) (Entered: 03/13/2019)
2/28/2019 LETTER by USA as to Edwin Tanglao addressed to Judge Paul G. Gardephe from Nicholas W. Chiuchiolo dated February 28, 2019 re: Edwin Tanglao Document filed by USA. (Chiuchiolo, Nicholas) (Entered: 02/28/2019)
2/26/2019ORDER as to Christopher Hammatt, Susan Hammat: It is hereby ORDERED that the arraignment currently scheduled for March 14, 2019 at 2:30 p.m. is adjourned to Thursday, March 14, 2019 at 3:45 p.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Arraignment set for 3/14/2019 at 03:45 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 2/26/2019) (ap) (Entered: 02/26/2019)
2/14/2019Attorney update in case as to Joseph Hoats (3). Attorney Amy Gallicchio for Joseph Hoats added. (bw) (Entered: 02/15/2019)
2/14/201916CJA 23 Financial Affidavit by (19-Cr-67-3) Joseph Hoats. APPROVED: (Signed by Judge Paul G. Gardephe on 2/14/2019); Attorney Amy Gallicchio. (bw) (Entered: 02/15/2019)
2/14/2019PRB Bond Entered as to Joseph Hoats in amount of $ 5,000. Pretrial services supervision as directed; Surrender travel documents with no new application; travel restrictions to SDNY/EDNY and State of California (except of Southern District); No contact with co-defendants unless in the presence of counsel; No contact with victims or witnesses; Not possess a firearm, destructive device, or other dangerous weapons; Mental health evaluation and treatment as deemed necessary by pretrial services; Maintain residence, do no relocate without pretrial approval; Seek or maintain employment approved by pretrial; seek or maintain employment approved by Pretrial; Submit to urinalysis upon release as directed and if the defendant return positive for an illicit substance, then he be subject to drug testing and treatment as directed by pretrial services. (jw) (Entered: 02/14/2019)
2/14/2019Minute Entry for proceedings held before Judge Paul G. Gardephe:Arraignment as to Joseph Hoats (3) Count 4Joseph Hoats (3) Count 4 held on 2/14/2019., Not Guilty Plea entered by Joseph Hoats (3) Count 4 (Pretrial Conference set for 6/13/2019 at 12:30 PM before Judge Paul G. Gardephe.) Defendant J. Hoats present with attorney Amy Gallicchio. AUSA Nicholas Chuichiolo present. Pretrial officer Winter Pascual present. Court reporter Carol Ganley present. The defendant enters a plea of not guilty. Status conference set for 6/13/19 at 12:30 pm. Speedy trial time is excluded from 2/14/19 until 6/13/19. Bail set as follows: $5000 PRB with the following conditions: Pretrial Services Supervision as directed. Surrender travel documents with no new application. Travel restrictions to SDNY/EDNY and State of California (except of Southern District). No contact with co-defendants unless in the presence of counsel. No contact with victims or witnesses. Not possess a firearm, destructive device, or other dangerous weapons. Mental health evaluation and treatment and deemed necessary by PSA. Maintain residence, do not relocate without PSA approval. Seek or maintain employment approved by PSA. Submit to urinalysis upon release as directed and if the defendant returns positive for an illicit substance, then he be subject to drug testing & treatment as directed by Pretrial Services. (jw) (Entered: 02/14/2019)
2/14/2019Minute Entry for proceedings held before Judge Paul G. Gardephe:Initial Appearance as to Joseph Hoats held on 2/14/2019. (jw) (Entered: 02/14/2019)
2/14/2019ORDER as to Christopher Hammatt, Susan Hammatt. It is hereby ORDERED that the arraignment of Defendants Christopher Hammatt and Susan Hammatt - presently scheduled for February 14, 2019 - is adjourned to Thursday, March 14, 2019 at 2:30 p.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Upon application of the Government and the Defendants, by and through their counsel Gerald Needham, it is further ORDERED that the time between February 14, 2019 and March 14, 2019 is excluded under the Speedy Trial Act, Title 18, United States Code, Section 3161 (h)(7)(A). The Court finds that the granting of such a continuance serves the ends of justice and outweighs the best interests of the public and the defendant in a speedy trial, because it will permit Defendant Christopher Hammatt to undergo surgery, and permit both Defendants to arrange for travel to New York and arrange for legal representation in New York. (Arraignment set for 3/14/2019 at 02:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 2/13/2019) (ap) (Entered: 02/14/2019)
2/13/2019ORDER as to Joseph Hoats: It is hereby ORDERED that the arraignment of Defendant Joseph Hoats previously scheduled for February 14, 2019 at 12:30 p.m. is rescheduled to Thursday, February 14, 2019 at 11:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Arraignment set for 2/14/2019 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 2/13/2019) (ap) (Entered: 02/13/2019)
2/12/2019 LETTER by Christopher Hammatt, Susan Hammatt addressed to Judge Paul G. Gardephe, from Gerald M. Needham dated 2/12/2019 re: Defense counsel writes to let the Court know about exclusion of time. (ap) (Entered: 02/13/2019)
2/12/2019 LETTER by Christopher Hammatt, Susan Hammatt addressed to Judge Paul G. Gardephe, from Gerald M. Needham dated 2/11/2019 re: Defense counsel writes to request an adjournment of arraignment and assignment of counsel. (ap) (Entered: 02/13/2019)
2/12/2019TRANSPORTATION ORDER as to Joseph Hoats. ORDERED that the United States Marshals Service furnish Joseph Hoats with funds to cover the cost of travel from any appropriate airport in the area of Corona, California, to any appropriate airport in the greater New York area, in time for a Pretrial Services interview and arraignment on Thursday, February 14, 2019, at 9:00 a.m.; as well as Mr. Heat's return trip to Corona, California that evening, no earlier than 5:00 p.m., and it is hereby further ORDERED that the aforesaid expenses shall be paid by the United States Marshals Service. (Signed by Judge Paul G. Gardephe on 2/11/2019) (ap) (Entered: 02/12/2019)
2/11/2019 LETTER by Joseph Hoats addressed to Judge Paul G. Gardephe from Amy Gallicchio, Attorney dated February 11, 2019 re: Transportation Order (Gallicchio, Amy) (Entered: 02/11/2019)
2/11/2019Rule 5(c)(3) Documents Received as to Joseph Hoats from the United States District Court - Central District of California. (jm) (Entered: 02/11/2019)
2/6/2019Arrest of Joseph Hoats in the United States District Court - Central District of California. (jm) (Entered: 02/11/2019)
2/6/2019Attorney update in case as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao. Attorney Nicholas William Chiuchiolo for USA added.. (jm) (Entered: 02/06/2019)
2/6/2019Case as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao ASSIGNED to Judge Paul G. Gardephe. (jm) (Entered: 02/06/2019)
2/6/2019Case Designated ECF as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao. (jm) (Entered: 02/06/2019)
2/6/2019INDICTMENT UNSEALED as to Christopher Hammatt, Susan Hammatt, Joseph Hoats, Edwin Tanglao. (jm) (Entered: 02/06/2019)
2/6/2019Order to Unseal Indictment as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4. (Signed by Magistrate Judge Henry B. Pitman on 2/6/19)(jm) (Entered: 02/06/2019)
2/1/20191SEALED DOCUMENT placed in vault. (mhe) (Entered: 02/01/2019)
1/31/2019SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2, 4, Sealed Defendant 2 (2) count(s) 1, 2, 3, 4, Sealed Defendant 3 (3) count(s) 4, Sealed Defendant 4 (4) count(s) 4. (jm) (Entered: 02/06/2019)