USA v. Kay

4:20-cr-00269 | Texas Northern District Court

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Division Fort Worth
Judge Senior Judge Terry R Means
Filed Oct. 15, 2020
Terminated Oct. 11, 2022
Case Flags CLOSED
Last Updated: 1 year, 1 month ago Show Interactive Timeline
Filing Date # Docket Text
12/22/2023Return of Government Exhibit #95. Document Entry Numbers: (217-221). Admitted on CM/ECF on 4/20/2023 to Errin Martin - USA. No exhibits remain in clerk custody. (EXH-ADM flag removed) Exhibits offered by USA as to Eric Prescott Kay. [1 large tub of exhibits] (tle) (Entered: 12/22/2023)
12/22/2023Return of Government Exhibits 1-12,15-40,42,46-47,51,55,59-60,63,83,86-88,90-93,97,99,101,103,105,107,110-114,118-120, 120,125-129,136-138,140-143,147-153,159-166,6-183,188,190.Document Entry Numbers: (193) Admitted on CM/ECF on 10/18/2022 to Errin Martin - USA. No exhibits remain in clerk custody. (EXH-ADM flag removed) Exhibits offered by USA as to Eric Prescott Kay. [1 large tub of exhibits] (tle) (Entered: 12/22/2023)
12/22/2023Return of Defendant's Exhibits DX-1, DX-2, DX-4, DX-5, DX-77, DX-78, DX-79, DX-80, DX-82, DX-83,Admitted onto CM/ECF on 10/27/2022 by Brett Evan Ordiway @ Udashen | Anton. No exhibits remain in clerk custody. (EXH-ADM flag removed) Exhibits offered by Eric Prescott Kay. (tle) (Entered: 12/22/2023)
12/7/2023Opinion of USCA No. 22-11011 in accordance with USCA judgment re 191 Notice of Appeal, filed by Eric Prescott Kay. The district courts judgment is AFFIRMED. (tle) (Entered: 12/07/2023)
12/7/2023
  • Motion for Judgment
JUDGMENT/MANDATE of USCA No. 22-11011 as to 191 Notice of Appeal,, filed by Eric Prescott Kay. IT IS ORDERED and ADJUDGED that the judgment of the District Court is AFFIRMED. Issued as mandate 12/7/2023. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Attachments: # 1 USCA5 Cover Letter) (tle) (Entered: 12/07/2023)
6/26/2023
  • OrderDenied
ORDER DENYING MOTION AS MOOT:Pending before the Court is the Motion for Leave to File Reply to Angels Baseball LP's Objection to Motion to Intervene and UnsealJudicial Records (doc. 227 ), which was filed by Carli Skaggs on June 20, 2023. Because the underlying motion has been ruled on in a manner largely granting the relief Skaggs sought, the Court concludes that the motion for leave to file reply should be, and it is hereby, DENIED as moot. (Ordered by Senior Judge Terry R Means on 6/26/2023) (fba) (Entered: 06/26/2023)
6/21/2023
  • Motion to InterveneGranted
ORDER GRANTING 223 MOTION TO INTERVENE AND PARTIALLY GRANTING MOTION TO UNSEAL RECORDS as to Eric Prescott Kay (1) (Ordered by Senior Judge Terry R Means on 6/21/2023) (bdb) (Entered: 06/21/2023)
6/20/2023
  • Motion to File
MOTION for Leave to File Replyto Angels Baseball LPs Objection to Motion to Intervene and Unseal Judicial Records filed by Carli Skaggs as to Eric Prescott Kay (Attachments: # 1 Proposed Order, # 2 Exhibit(s), # 3 Exhibit(s)) (Hardin, Russell) (Entered: 06/20/2023)
5/23/2023SEALED EROA transmitted to Brett Ordiway as to Eric Prescott Kay per USCA5 Order. [22-11011] (tle) (Entered: 05/23/2023)
5/19/2023
  • Order
ORDER of USCA No. 22-11011 as to Eric Prescott Kay re 191 Notice of Appeal. The court has considered the motion of Eric Prescott Kay to view non-public and/or sealed material in the record on appeal. Unless the court granted access to one or more specific documents ONLY, it is ordered, counsel for Eric Prescott Kay may obtain all ex parte documents filed on behalf of Eric Prescott Kay, and all other non ex parte documents in the record. The non-public and/or sealed materials from the record are for your review ONLY. The integrity of the sealed documents is your responsibility, and if provided in original paper, return to the district court as soon as it has served your purpose. (tle) (Entered: 05/19/2023)
5/17/2023SEALED EROA transmitted to Jonathan Bradshaw - USA as to Eric Prescott Kay per USCA5 Order. [22-11011] (tle) (Entered: 05/17/2023)
5/16/2023
  • Order
ORDER of USCA No. 22-11011 as to Eric Prescott Kay re 191 Notice of Appeal. The court has considered the motion of United States of America to view non-public and/or sealed material in the record on appeal. Unless the court granted access to one or more specific documents ONLY, it is ordered, counsel for United States of America may obtain all ex parte documents filed on behalf of United States of America, and all other non ex parte documents in the record. The non-public and/or sealed materials from the record are for your review ONLY. The integrity of the sealed documents is your responsibility, and if provided in original paper, return to the district court as soon as it has served your purpose. (tle) (Entered: 05/16/2023)
5/11/2023 OBJECTION by Angels Baseball LP as to Eric Prescott Kay re: 223 MOTION to Intervene And Unseal Judicial Records MOTION to Unseal Document (Neuman, Ariel) (Entered: 05/11/2023)
5/3/2023Supplemental II Record on Appeal for USCA5 22-11011 (related to 191 appeal) as to Eric Prescott Kay: Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, (Govt Exhibit 95 )#217-222 Volume(s) or container(s) of trial or hearing original exhibits,.
PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (tle) (Entered: 05/03/2023)
4/27/2023
  • Motion to Intervene
MOTION to Intervene And Unseal Judicial Records, MOTION to Unseal Document () filed by USA as to Eric Prescott Kay (Attachments: # 1 Proposed Order) (Dennis, Aisha) (Entered: 04/27/2023)
4/25/2023
  • Order
ORDER of USCA No. 22-11011 as to Eric Prescott Kay re 191 Notice of Appeal. The court has granted the motion to supplement or correct the record (with the governments trial exhibit number 95) in this case. The originating court is requested to provide us with a supplemental electronic record consisting of the documents outlined in the attached motion. Counsel is reminded that any citations to these documents must cite to the supplemental electronic record. (tle) (Additional attachment(s) added on 5/1/2023: # 1 Motion to Supplement) (tle). (Entered: 04/25/2023)
4/20/2023Electronic Copy of Admitted Hearing or Trial Exhibit(s) filed by USA as to Eric Prescott Kay re: 191 Notice of Appeal. Exhibits are available for public inspection at the clerk's office.(Government Exhibit 95 - Part 5) (tle) (Entered: 04/20/2023)
4/20/2023Electronic Copy of Admitted Hearing or Trial Exhibit(s) filed by USA as to Eric Prescott Kay re: 191 Notice of Appeal. Exhibits are available for public inspection at the clerk's office.(Government Exhibit 95 - Part 4). (tle) (Entered: 04/20/2023)
4/20/2023Electronic Copy of Admitted Hearing or Trial Exhibit(s) filed by USA as to Eric Prescott Kay re: 191 Notice of Appeal. Exhibits are available for public inspection at the clerk's office. (Government Exhibit 95 - Part 3) (tle) (Entered: 04/20/2023)
4/20/2023Electronic Copy of Admitted Hearing or Trial Exhibit(s) filed by USA as to Eric Prescott Kay re: 191 Notice of Appeal. Exhibits are available for public inspection at the clerk's office. (Government Exhibit 95 - Part 2) (tle) (Entered: 04/20/2023)
4/20/2023Electronic Copy of Admitted Hearing or Trial Exhibit(s) by USA as to Eric Prescott Kayre: 191 Notice of Appeal. Exhibits are available for public inspection at the clerk's office. (Attachments: # 1 Government Exhibit 95 - Part 1) (tle) (Entered: 04/20/2023)
4/12/2023APPEARANCE FORM FILED of USCA5 by Attorney(s) Jonathan Glen Bradshaw for party(s) Appellee USA, in case 22-11011. Access to the EROA has been granted as to Eric Prescott Kay. (tle) (Entered: 04/12/2023)
4/3/2023Supplemental Record on Appeal for USCA5 22-11011 (related to 191 appeal) as to Eric Prescott Kay: Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 11 Volume(s) electronic transcript, Sealed or ex parte electronic document number(s): Vol 3 Transcript (circuit approval is required for access),.
PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (tle) (Entered: 04/03/2023)
3/13/2023Notice of Filing of Official Electronic Transcript of Sentencing Proceedings as to Eric Prescott Kay held on 10/11/2022 before Judge Terry R. Means. Parties are notified of their duty to review and request redaction of the transcript. See Misc Order (MO) 61 and Special Order (SO) 19-1. If the transcript contains information that should be redacted under SO 19-1, contact the Operations Assistance Team at (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (54 pages) Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. A copy of the transcript may be purchased from the court reporter or viewed at the office of the clerk. Redaction Request under SO 19-1, due immediately. Redaction Request due 4/3/2023. Redacted Transcript Deadline set for 4/13/2023. Release of Transcript Restriction set for 6/12/2023. (dgs) (Entered: 03/13/2023)
3/13/2023Notice of Filing of Official Electronic Transcript of Volume 11 of 11 Jury Trial Proceedings as to Eric Prescott Kay held on 2/17/2022 before Judge Terry R. Means. Parties are notified of their duty to review and request redaction of the transcript. See Misc Order (MO) 61 and Special Order (SO) 19-1. If the transcript contains information that should be redacted under SO 19-1, contact the Operations Assistance Team at (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (102 pages) Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. A copy of the transcript may be purchased from the court reporter or viewed at the office of the clerk. Redaction Request under SO 19-1, due immediately. Redaction Request due 4/3/2023. Redacted Transcript Deadline set for 4/13/2023. Release of Transcript Restriction set for 6/12/2023. (dgs) (Entered: 03/13/2023)
3/13/2023Notice of Filing of Official Electronic Transcript of Volume 10 of 11 Jury Trial Proceedings as to Eric Prescott Kay held on 2/16/2022 before Judge Terry R. Means. Parties are notified of their duty to review and request redaction of the transcript. See Misc Order (MO) 61 and Special Order (SO) 19-1. If the transcript contains information that should be redacted under SO 19-1, contact the Operations Assistance Team at (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (87 pages) Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. A copy of the transcript may be purchased from the court reporter or viewed at the office of the clerk. Redaction Request under SO 19-1, due immediately. Redaction Request due 4/3/2023. Redacted Transcript Deadline set for 4/13/2023. Release of Transcript Restriction set for 6/12/2023. (dgs) (Entered: 03/13/2023)
3/13/2023Notice of Filing of Official Electronic Transcript of Volume 9 of 11 Jury Trial Proceedings as to Eric Prescott Kay held on 2/15/2022 before Judge Terry R. Means. Parties are notified of their duty to review and request redaction of the transcript. See Misc Order (MO) 61 and Special Order (SO) 19-1. If the transcript contains information that should be redacted under SO 19-1, contact the Operations Assistance Team at (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (275 pages) Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. A copy of the transcript may be purchased from the court reporter or viewed at the office of the clerk. Redaction Request under SO 19-1, due immediately. Redaction Request due 4/3/2023. Redacted Transcript Deadline set for 4/13/2023. Release of Transcript Restriction set for 6/12/2023. (dgs) (Entered: 03/13/2023)
3/13/2023Notice of Filing of Official Electronic Transcript of Volume 8 of 11 Jury Trial Proceedings as to Eric Prescott Kay held on 2/14/2022 before Judge Terry R. Means. Parties are notified of their duty to review and request redaction of the transcript. See Misc Order (MO) 61 and Special Order (SO) 19-1. If the transcript contains information that should be redacted under SO 19-1, contact the Operations Assistance Team at (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (315 pages) Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. A copy of the transcript may be purchased from the court reporter or viewed at the office of the clerk. Redaction Request under SO 19-1, due immediately. Redaction Request due 4/3/2023. Redacted Transcript Deadline set for 4/13/2023. Release of Transcript Restriction set for 6/12/2023. (dgs) (Entered: 03/13/2023)
3/13/2023Notice of Filing of Official Electronic Transcript of Volume 7 of 11 Jury Trial Proceedings as to Eric Prescott Kay held on 2/11/2022 before Judge Terry R. Means. Parties are notified of their duty to review and request redaction of the transcript. See Misc Order (MO) 61 and Special Order (SO) 19-1. If the transcript contains information that should be redacted under SO 19-1, contact the Operations Assistance Team at (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (275 pages) Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. A copy of the transcript may be purchased from the court reporter or viewed at the office of the clerk. Redaction Request under SO 19-1, due immediately. Redaction Request due 4/3/2023. Redacted Transcript Deadline set for 4/13/2023. Release of Transcript Restriction set for 6/12/2023. (dgs) (Entered: 03/13/2023)
3/13/2023Notice of Filing of Official Electronic Transcript of Volume 6 of 11 Jury Trial Proceedings as to Eric Prescott Kay held on 2/10/2022 before Judge Terry R. Means. Parties are notified of their duty to review and request redaction of the transcript. See Misc Order (MO) 61 and Special Order (SO) 19-1. If the transcript contains information that should be redacted under SO 19-1, contact the Operations Assistance Team at (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (290 pages) Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. A copy of the transcript may be purchased from the court reporter or viewed at the office of the clerk. Redaction Request under SO 19-1, due immediately. Redaction Request due 4/3/2023. Redacted Transcript Deadline set for 4/13/2023. Release of Transcript Restriction set for 6/12/2023. (dgs) (Entered: 03/13/2023)
3/13/2023Notice of Filing of Official Electronic Transcript of Volume 5 of 11 Jury Trial Proceedings as to Eric Prescott Kay held on 2/9/2022 before Judge Terry R. Means. Parties are notified of their duty to review and request redaction of the transcript. See Misc Order (MO) 61 and Special Order (SO) 19-1. If the transcript contains information that should be redacted under SO 19-1, contact the Operations Assistance Team at (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (298 pages) Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. A copy of the transcript may be purchased from the court reporter or viewed at the office of the clerk. Redaction Request under SO 19-1, due immediately. Redaction Request due 4/3/2023. Redacted Transcript Deadline set for 4/13/2023. Release of Transcript Restriction set for 6/12/2023. (dgs) (Entered: 03/13/2023)
3/13/2023Notice of Filing of Official Electronic Transcript of Volume 4 of 11 Jury Trial Proceedings as to Eric Prescott Kay held on 2/8/2022 (Afternoon) before Judge Terry R. Means. Parties are notified of their duty to review and request redaction of the transcript. See Misc Order (MO) 61 and Special Order (SO) 19-1. If the transcript contains information that should be redacted under SO 19-1, contact the Operations Assistance Team at (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (110 pages) Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. A copy of the transcript may be purchased from the court reporter or viewed at the office of the clerk. Redaction Request under SO 19-1, due immediately. Redaction Request due 4/3/2023. Redacted Transcript Deadline set for 4/13/2023. Release of Transcript Restriction set for 6/12/2023. (dgs) (Entered: 03/13/2023)
3/13/2023Notice of Filing of SEALED Electronic Transcript of Volume 3 of 11 Sealed Jury Voir Dire Proceedings as to Eric Prescott Kay held on 2/8/2022 (Morning) before Judge Terry R. Means. (131 pages) Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. (dgs) (Entered: 03/13/2023)
3/13/2023Notice of Filing of Official Electronic Transcript of Volume 2 of 11 Pretrial Conference for Jury Trial Proceedings as to Eric Prescott Kay held on 2/7/2022 before Judge Terry R. Means. Parties are notified of their duty to review and request redaction of the transcript. See Misc Order (MO) 61 and Special Order (SO) 19-1. If the transcript contains information that should be redacted under SO 19-1, contact the Operations Assistance Team at (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (52 pages) Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. A copy of the transcript may be purchased from the court reporter or viewed at the office of the clerk. Redaction Request under SO 19-1, due immediately. Redaction Request due 4/3/2023. Redacted Transcript Deadline set for 4/13/2023. Release of Transcript Restriction set for 6/12/2023. (dgs) (Entered: 03/13/2023)
3/13/2023Notice of Filing of Official Electronic Transcript of Volume 1 of 11 Master Index of Jury Trial Proceedings as to Eric Prescott Kay held on 2/7/2022 through 2/17/2022 before Judge Terry R. Means. Parties are notified of their duty to review and request redaction of the transcript. See Misc Order (MO) 61 and Special Order (SO) 19-1. If the transcript contains information that should be redacted under SO 19-1, contact the Operations Assistance Team at (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (20 pages) Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. A copy of the transcript may be purchased from the court reporter or viewed at the office of the clerk. Redaction Request under SO 19-1, due immediately. Redaction Request due 4/3/2023. Redacted Transcript Deadline set for 4/13/2023. Release of Transcript Restriction set for 6/12/2023. (dgs) (Entered: 03/13/2023)
2/27/2023
  • Order
ORDER of USCA No. 22-11011 as to Eric Prescott Kay re 191 Notice of Appeal. Cody L. Cofer, the attorney appointed under the Criminal Justice Act to represent Eric Prescott Kay in this direct criminal appeal, moves to withdraw as counsel and to substitute Brett Ordiway, who will serve as Kays retained counsel. Ordiway has filed a notice of appearance, and Kay has submitted a letter indicating his desire to have Ordiway represent him on appeal. Accordingly, the motion to withdraw and to substitute retained counsel is GRANTED. Cofer is relieved of all further responsibilities in this appeal. (Attachments: # 1 USCA5 Cover Letter) (tle) (Entered: 02/27/2023)
2/15/2023
  • Order
ORDER of USCA No. 22-11011 as to Eric Prescott Kay re 191 Notice of Appeal. The court has granted your request for an extension of time until April 3, 2023. This also extends the Judicial Councils discount date accordingly. Request for Extension of Time to file Transcript. Request for Waiver of Mandatory Fee Reduction. (tle) (Entered: 02/15/2023)
12/15/2022Record on Appeal for USCA5 22-11011 (related to 191 appeal) as to Eric Prescott Kay: Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 3 Volume(s) electronic transcript, #193, #199 Volume(s) or container(s) of trial or hearing original exhibits, Sealed or ex parte electronic document number(s): 29,32,38,45-46,59-63,65-66,69-73,83,113,115,132,133,143,151,152,160,175,177-180 (circuit approval is required for access), 1 Electronic Presentence Report/SOR certified to USCA.
PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (tle) (Entered: 12/15/2022)
11/23/2022Received letter from United States Court of Appeals 5th Circuit No. 22-11011.The court has granted your request for an extension of time until 2/3/23. This also extends the Judicial Councils discount date accordingly. (tle) (Entered: 11/23/2022)
11/17/2022Received letter from United States Court of Appeals 5th Circuit No. 22-11011. We have not received your acknowledgment of the enclosed purchase order for the transcript in this case. We assume the appellant has made the necessary financial arrangements for preparing the transcript. You have 30 days from the date we received the purchase order to file the transcript with the district court clerk. We will adjust this time only in the event financial arrangements are not complete. (tle) (Additional attachment(s) added on 11/17/2022: # 1 T.O. Form) (tle). (Entered: 11/17/2022)
11/14/2022USCA Case Number as to Eric Prescott Kay 22-11011 for 191 Notice of Appeal, filed by Eric Prescott Kay. (tle) (Entered: 11/14/2022)
11/8/2022
  • Motion to Withdraw as CounselGranted
ORDER granting 192 Motion to Withdraw as Attorney. Cody Lee Cofer withdrawn from case as to Eric Prescott Kay (1). (Ordered by Senior Judge Terry R Means on 11/8/2022) (sre) (Entered: 11/08/2022)
10/27/2022Electronic Copy of Admitted Hearing or Trial Exhibit(s) by Eric Prescott Kay re: 191 Notice of Appeal,,,,. Exhibits are available for public inspection at the clerk's office. (Attachments: # 1 Def. Exhibit 2, # 2 Def. Exhibit 4, # 3 Def. Exhibit 5, # 4 Def. Exhibit 80, # 5 Def. Exhibit 78, # 6 Def. Exhibit 79, # 7 Def. Exhibit 77, # 8 Def. Exhibit 82, # 9 Def. Exhibit 83) (Ordiway, Brett) (Entered: 10/27/2022)
10/20/2022Transcript Order Form: transcript requested for 2-7-2022 to 2-17-2022 Jury Trial; 10-11-2022 Sentencing (Court Reporter: Debbie Saenz.) Payment method: Private funds - Requester has obtained the estimate from the reporter and has paid or will pay the cost as directed. Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Ordiway, Brett) (Entered: 10/20/2022)
10/20/2022Transcript Order Form: transcript requested for 8/7/2020 Initial Appearance; 5/17/2022 Motion Hearing; 05/31/2022 Hearing to Appoint Counsel (Court Reporter: Visiting Reporter.) Payment method: Private funds - Requester has obtained the estimate from the reporter and has paid or will pay the cost as directed. Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Ordiway, Brett) (Entered: 10/20/2022)
10/19/2022Transcript Order Form: transcript requested for Sentencing held 10-11-2022 (Court Reporter: Debbie Saenz.) Payment method: Private funds - Requester has obtained the estimate from the reporter and has paid or will pay the cost as directed. Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Ordiway, Brett) (Entered: 10/19/2022)
10/19/2022Transcript Order Form: transcript requested for Jury Trial held 02/07/2022 to 02/17/2022 (Court Reporter: Debbie Saenz.) Payment method: CJA funds Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Ordiway, Brett) (Entered: 10/19/2022)
10/19/2022Transcript Order Form: transcript requested for Initial Appearance held 8-7-2020; Motion Hearing held 5-17-2022; Hearing to Appoint Counsel held 5-31-2022 (Court Reporter: Visiting Reporter.) Payment method: CJA funds Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Ordiway, Brett) (Entered: 10/19/2022)
10/18/2022Electronic Copy of Admitted Hearing or Trial Exhibit(s) filed by USA as to Eric Prescott Kay re: 191 Notice of Appeal, Exhibits are available for public inspection at the clerk's office. (Attachments: # 1 Exhibit(s) 1-12_15-20, # 2 Exhibit(s) 21-24_25-40_42_46-47_51_55_59-60, # 3 Exhibit(s) 63_83_86-88_90-93_97_99_101_103_105_107_110-112, # 4 Exhibit(s) 113-114, # 5 Exhibit(s) 118-120_123_125-129_136, # 6 Exhibit(s) 137-138_140-143_145_147-153_159-161, # 7 Exhibit(s) 162-166_176-179, # 8 Exhibit(s) 180-183_188_190) (Martin-DOJ, Errin) (Entered: 10/18/2022)
10/17/2022
  • Motion to Withdraw as Counselby Δ
Unopposed MOTION to Withdraw as Attorney by Cody L. Cofer filed by Eric Prescott Kay (Cofer, Cody) (Entered: 10/17/2022)
10/13/2022 NOTICE OF APPEAL to the Fifth Circuit as to 188 Judgment,, by Eric Prescott Kay. Filing fee $505, receipt number ATXNDC-13222179. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a Defendant proceeding pro se.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Ordiway, Brett) (Entered: 10/13/2022)
10/13/2022NOTICE OF ATTORNEY APPEARANCE by Brett Evan Ordiway (Clerk to Set Designation as: Retained) appearing for Eric Prescott Kay (Filer confirms contact info in ECF is current.) (If sealed documents that you are authorized to see were previously filed by U.S. Pretrial Services or U.S. Probation, you will require assistance to gain access to them and any related filings. Please call the clerk at 214.753.2240 during business hours to request access.) (Ordiway, Brett) (Entered: 10/13/2022)
10/12/2022Sealed Statement of Reasons re: 188 Judgment, as to Eric Prescott Kay with document access authorized to counsel of record for named Defendant and USA. (sre) (Entered: 10/12/2022)
10/12/2022
  • Motion for Judgment
JUDGMENT as to Eric Prescott Kay (1), Count(s) 1, 2, Dismissed upon government motion.; Count(s) 1s, 2s, BOP- 264 months; S/R- 3 years; MSA-$200. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Senior Judge Terry R Means on 10/11/2022) (sre) (Entered: 10/12/2022)
10/11/2022
  • Order
ORDER Setting Conditions of Supervised Release as to Eric Prescott Kay (1) PR. (Ordered by Senior Judge Terry R Means on 10/11/2022) (sre) (Entered: 10/12/2022)
10/11/2022Notice of Right to Appeal Sentence as to Eric Prescott Kay. (sre) (Entered: 10/12/2022)
10/11/2022 Court's Exhibit List from Sentencing held 10/11/2022 as to Eric Prescott Kay. (sre) (Entered: 10/12/2022)
10/11/2022 Minute Entry for proceedings held before Senior Judge Terry R Means: Sentencing held on 10/11/2022 for Eric Prescott Kay (1), Count(s) 1, 2, Dismissed upon government motion.; Count(s) 1s, 2s, BOP- 264 months; S/R- 3 years; MSA-$200. Attorney Appearances: AUSA - Errin Martin and Joe Lo Galbo; Defense - Cody Cofer. (Exhibits admitted) Time in Court - 01:02. (Court Reporter: Debbie Saenz) (Interpreter N/A.) (USPO French.) (sre) (Entered: 10/12/2022)
10/4/2022
  • Motion to FileGranted
ORDER granting 176 Motion for Leave to File. as to Eric Prescott Kay (1). (Ordered by Senior Judge Terry R Means on 10/4/2022) (sre) (Entered: 10/04/2022)
10/3/2022Sealed Statement of Acceptance of Presentence Report submitted by defendant as to Eric Prescott Kay with document access authorized to counsel of record for named Defendant and USA. (To access, enter the attorney's PACER login, when prompted.) (Cofer, Cody) (Entered: 10/03/2022)
10/3/2022
  • Order
ORDER RESCHEDULING TIME OF HEARING as to Eric Prescott Kay: The sentencing hearing in the above-styled and -numbered cause is rescheduled to 2:00 p.m. instead of 10:00 a.m., on October 11, 2022. (Ordered by Senior Judge Terry R Means on 10/3/2022) (sre) (Entered: 10/03/2022)
9/28/2022
  • Motionby Δ
Sealed Motion for Downward Variance (Sealed pursuant to order dated 6/2/2022) as to Eric Prescott Kay filed by Defendant. (Cofer, Cody) (Entered: 09/28/2022)
9/26/2022Sealed Appendix in Support of a Sentencing Memorandum as to Eric Prescott Kay with document access authorized to counsel of record for named Defendant and USA. (To access, enter the attorney's PACER login, when prompted.) (bdb) (Entered: 09/26/2022)
9/26/2022Sealed Sentencing Memorandum submitted by USA as to Eric Prescott Kay with document access authorized to counsel of record for named Defendant and USA. (To access, enter the attorney's PACER login, when prompted.) (bdb) (Entered: 09/26/2022)
9/26/2022
  • OrderGranted
Sealed ORDER granting sealed and/or ex parte motion 175 in case as to Eric Prescott Kay (1). (Clerk to enter the sealed and/or ex parte document as of the date of this order.) (Ordered by Senior Judge Terry R Means on 9/26/2022) (sre) (Entered: 09/26/2022)
9/26/2022
  • Motion to Fileby Δ
MOTION for Leave to File Sentencing Materials filed by Eric Prescott Kay (Cofer, Cody) (Entered: 09/26/2022)
9/21/2022
  • Motion to Seal
SEALED Motion to Seal Government's Sentencing Memorandum and Appendix in Support (Sealed pursuant to motion to seal) as to Eric Prescott Kay filed by USA. (Attachments: # 1 Government's Sealed Sentencing Memorandum, # 2 Sealed Appendix to Government's Sealed Sentencing Memorandum) (Bradshaw-DOJ, Jonathan) (Entered: 09/21/2022)
9/20/2022Sealed Presentence Addendum as to Eric Prescott Kay submitted by U.S. Probation Office with document access authorized to counsel of record for named Defendant and USA. (To access, enter the attorney's PACER login, when prompted.) (Attachments: # 1 Addendum) (panf) (Entered: 09/20/2022)
9/14/2022
  • Responseby Δ
Sealed Response to Objections to Presentence Report submitted by defendant as to Eric Prescott Kay with document access authorized to counsel of record for named Defendant and USA.(To access, enter the attorney's NDTX ECF Filing login, not the PACER login, when prompted.) (Cofer, Cody) (Entered: 09/14/2022)
9/7/2022Sealed Appendix in Support of Response or Objection to a PSR as to Eric Prescott Kay with document access authorized to counsel of record for named Defendant and USA. (To access, enter the attorney's NDTX ECF Filing login, not the PACER login, when prompted.) (Bradshaw-DOJ, Jonathan) (Entered: 09/07/2022)
9/7/2022Sealed Objections to Presentence Report submitted by USA as to Eric Prescott Kay with document access authorized to counsel of record for named Defendant and USA. (To access, enter the attorney's NDTX ECF Filing login, not the PACER login, when prompted.) (Bradshaw-DOJ, Jonathan) (Entered: 09/07/2022)
8/23/2022
  • OrderGranted
ORDER GRANTING DEFENDANT'S UNOPPOSEDMOTION TO EXTEND SENTENCING DEADLINES as to Eric Prescott Kay: Before the Court is Defendant's Unopposed 169 Motion to ExtendSentencing Deadlines. The Court grants the motion. Objections to Presentence Investigation Report due by 9/7/2022, Presentence Investigation Addendum due by 9/21/2022. (Ordered by Senior Judge Terry R Means on 8/23/2022) (mmw) (Entered: 08/23/2022)
8/18/2022
  • Motion to Extend Timeby Δ
Unopposed MOTION for Extension of Time for Sentencing Deadlines filed by Eric Prescott Kay (Cofer, Cody) (Entered: 08/18/2022)
7/28/2022Notice of Filing of Official Electronic Transcript of Hearing to Appoint Counsel Proceedings as to Eric Prescott Kay held on 05/31/2022 before Judge Jeffrey L. Cureton. Parties are notified of their duty to review and request redaction of the transcript. See Misc Order (MO) 61 and Special Order (SO) 19-1. If the transcript contains information that should be redacted under SO 19-1, contact the Operations Assistance Team at (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (5 pages) Court Reporter/Transcriber Kathy Rehling, kathyrehlingtranscripts@gmail.com, Telephone number 972-786-3063. A copy of the transcript may be purchased from the court reporter or viewed at the office of the clerk. Redaction Request under SO 19-1, due immediately. Redaction Request due 8/18/2022. Redacted Transcript Deadline set for 8/29/2022. Release of Transcript Restriction set for 10/26/2022. (Rehling, Kathy) (Entered: 07/28/2022)
7/28/2022Notice of Filing of Official Electronic Transcript of Initial Appearance Proceedings as to Eric Prescott Kay held on 08/07/2020 before Judge Jeffrey L. Cureton. Parties are notified of their duty to review and request redaction of the transcript. See Misc Order (MO) 61 and Special Order (SO) 19-1. If the transcript contains information that should be redacted under SO 19-1, contact the Operations Assistance Team at (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (8 pages) Court Reporter/Transcriber Kathy Rehling, kathyrehlingtranscripts@gmail.com, Telephone number 972-786-3063. A copy of the transcript may be purchased from the court reporter or viewed at the office of the clerk. Redaction Request under SO 19-1, due immediately. Redaction Request due 8/18/2022. Redacted Transcript Deadline set for 8/29/2022. Release of Transcript Restriction set for 10/26/2022. (Rehling, Kathy) (Entered: 07/28/2022)
7/11/2022Transcript Order Form: transcript requested for 02/07/2022 Pretrial Conference; 02/8/2022-02/17/2022 Jury Trial (Court Reporter: Debbie Saenz.) Payment method: CJA funds Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Cofer, Cody) (Entered: 07/11/2022)
7/11/2022Transcript Order Form: transcript requested for 08/07/2020 Initial Appearance; 05/17/2022 Motion Hearing; and 05/31/2022 Hearing to Appoint Counsel (Court Reporter: Kathy Rehling.) Payment method: CJA funds Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Cofer, Cody) (Entered: 07/11/2022)
7/7/2022
  • Order
ORDER finding as moot 162 Motion as to Eric Prescott Kay (1): Pending before the Court is Defendant's Motion for Authorization of Transcript Order (doc. 162). In the motion, Defendant's newly appointed counsel requests preparation and payment for the transcripts of most of the proceedings previously held in this case. After review of the motion, the Court concludes that it should be and hereby is DENIED as moot. Defendant may obtain the transcripts he requests by completing a transcript order form and delivering it to the Court's reporter, Debbie Saenz (817-850-6661). Defendant may obtain payment for the transcripts by completing an Authorization and Voucher for Payment of Transcript form on the Court's CJA eVoucher system. (Ordered by Senior Judge Terry R Means on 7/7/2022) (sre) (Entered: 07/07/2022)
6/28/2022Notice of Filing of Official Electronic Transcript of Motion Hearing (152) Proceedings as to Eric Prescott Kay held on 05/17/2022 before Judge Jeffrey L. Cureton. Parties are notified of their duty to review and request redaction of the transcript. See Misc Order (MO) 61 and Special Order (SO) 19-1. If the transcript contains information that should be redacted under SO 19-1, contact the Operations Assistance Team at (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (14 pages) Court Reporter/Transcriber Kathy Rehling, kathyrehlingtranscripts@gmail.com, Telephone number 972-786-3063. A copy of the transcript may be purchased from the court reporter or viewed at the office of the clerk. Redaction Request under SO 19-1, due immediately. Redaction Request due 7/19/2022. Redacted Transcript Deadline set for 7/29/2022. Release of Transcript Restriction set for 9/26/2022. (Rehling, Kathy) (Entered: 06/28/2022)
6/13/2022
  • Motionby Δ
MOTION Authorization for Funds to Order Transcripts filed by Eric Prescott Kay (Cofer, Cody) (Entered: 06/13/2022)
6/2/2022 Amended Sentencing Scheduling Order as to Eric Prescott Kay: Objections to Presentence Investigation Report due by 8/18/2022. Presentence Investigation Addendum due by 9/1/2022. Sentencing set for 10/11/2022 at 10:00 AM in US Courthouse, Courtroom 501, 501 W. 10th St., Fort Worth, TX 76102-3673 before Senior Judge Terry R Means. (Ordered by Senior Judge Terry R Means on 6/2/2022) (sre) (Entered: 06/02/2022)
5/31/2022(Document Restricted) CJA 23 Financial Affidavit by Eric Prescott Kay (jah) (Entered: 05/31/2022)
5/31/2022159 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Jeffrey L. Cureton: Hearing to Appoint Counsel as to Eric Prescott Kay held on 5/31/2022; Deft executed financial affidavit; o/appointing attorney entered; deft continued in custody. Attorney Appearances: AUSA - Erinn Martin; Defense - Cody Cofer. (No exhibits) Time in Court - :06. (Court Reporter: Digital File) (USPO French.) (jah) (Entered: 05/31/2022)
5/31/2022 CJA 20 Order appointing attorney. Attorney Cody Lee Cofer for Eric Prescott Kay appointed. This appointment continues through any appeal unless counsel is relieved by court order for good cause shown - See Miscellaneous Order 3 Criminal Justice Act Plan. Within one week, the court will contact you via email and provide a link to the eVoucher System. Any work done on an appeal must be billed per circuit instructions. For questions, consult the CJA Attorney Information page or use the directory to contact the courtroom deputy of the appointing judge. Copies of public documents filed prior to this appointment may be obtained via PACER. (Ordered by Magistrate Judge Jeffrey L. Cureton on 5/31/2022) (jah) (Entered: 05/31/2022)
5/26/2022157
  • Order
ELECTRONIC ORDER as to Eric Prescott Kay: Hearing to Appoint Counsel set for 5/31/2022 at 01:00 PM before Magistrate Judge Jeffrey L. Cureton. (Ordered by Magistrate Judge Jeffrey L. Cureton on 5/26/2022) (jah) (Entered: 05/26/2022)
5/25/2022
  • Motion
REDACTED JOINT MOTION FOR HEARING AND TO CONTINUE DEADLINES FOR FILING OBJECTIONS TO THE PSR re 152 Sealed Joint Motion for Hearing and to Continue Deadlines for Filing Objections to the PSR as to Eric Prescott Kay filed by Defendant, USA. (Notice: Any required service of this document is the responsibility of the filer.) (jah) (Entered: 05/25/2022)
5/17/2022 Minute Entry for proceedings held before Magistrate Judge Jeffrey L. Cureton: Motion Hearing as to Eric Prescott Kay held on 5/17/2022 re 152 Sealed Joint Motion for Hearing and to Continue Deadlines for Filing Objections to the PSR as to Eric Prescott Kay filed by Defendant, USA. (Notice: Any required service of this document is the responsibility of the filer.). re: 152 Sealed Joint Motion for Hearing and to Continue Deadlines for Filing Objections to the PSR as to Eric Prescott Kay filed by Defendant, USA. (Notice: Any required service of this document is the responsibility of the filer.) Attorney Appearances: AUSA - Erin Martin; Defense - Michael Molfetta. (No exhibits) Time in Court - :15. (Court Reporter: Digital File) (USPO French.) (sre) Modified on 5/25/2022 (jah). (Entered: 05/17/2022)
5/3/2022
  • Order
Order in case as to Eric Prescott Kay. Motion Hearing set for 5/17/2022 at 10:30 AM in US Courthouse, Courtroom 508, 501 W. 10th St., Fort Worth, TX 76102-3673 before Judge Jeffrey L. Cureton. (Ordered by Magistrate Judge Jeffrey L. Cureton on 5/3/2022) (sre) Modified on 5/3/2022 (sre). Modified on 5/25/2022 (jah). (Entered: 05/03/2022)
4/29/2022
  • Order
ORDER Referring Motion as to Eric Prescott Kay re: 152 Sealed and/or Ex Parte Motion. Motions terminated as to Eric Prescott Kay: 151 SEALED Joint Motion to Seal Motion for Hearing and to Continue Deadlines for Filing Objections to the PSR. Re: 152 Sealed Joint Motion for Hearing and to Continue Deadlines for Filing Objections to the PSR as to Eric Prescott Kay. Motion(s) referred to Magistrate Judge Jeffrey L. Cureton. (Ordered by Senior Judge Terry R Means on 4/29/2022) (sre) (Entered: 04/29/2022)
4/29/2022
  • Motion
Sealed Joint Motion for Hearing and to Continue Deadlines for Filing Objections to the PSR as to Eric Prescott Kay filed by Defendant, USA. (Notice: Any required service of this document is the responsibility of the filer.) (sre). (Entered: 04/29/2022)
4/27/2022
  • Motion to Seal
SEALED Joint Motion to Seal Motion for Hearing and to Continue Deadlines for Filing Objections to the PSR (Sealed pursuant to motion to seal) as to Eric Prescott Kay filed by Defendant, USA. (Attachments: # 1 SEALED Joint Motion for Hearing, # 2 Exhibit(s) SEALED Exhibit to SEALED Joint Motion for Hearing) (Bradshaw-DOJ, Jonathan). (Entered: 04/27/2022)
4/26/2022
  • Motion for Judgment of AcquittalDenied
ORDER denying 147 First Amended Motion for Acquittal or New Trial as to Eric Prescott Kay (1). (Ordered by Senior Judge Terry R Means on 4/26/2022) (sre) (Entered: 04/26/2022)
4/20/2022Sealed Presentence Report as to Eric Prescott Kay submitted by U.S. Probation Office with document access authorized to counsel of record for named Defendant and USA. (To access, enter the attorney's NDTX ECF Filing login, not the PACER login, when prompted.) (Attachments: # 1 PSR) (panf). (Entered: 04/20/2022)
3/24/2022
  • Response
RESPONSE by USA as to Eric Prescott Kay re: 147 MOTION First Amended Motion for Judgment of Acquittal and Motion for New Trial (Bradshaw-DOJ, Jonathan) (Entered: 03/24/2022)
3/10/2022
  • Motion for Judgment of Acquittal
MOTION First Amended Motion for Judgment of Acquittal and Motion for New Trial filed by Eric Prescott Kay with Brief/Memorandum in Support. (Wynn, William) (Entered: 03/10/2022)
3/10/2022
  • Motion for Judgment of Acquittal
MOTION Motion for Judgment of Acquittal and Motion for New Trial filed by Eric Prescott Kay with Brief/Memorandum in Support. (Wynn, William) (Entered: 03/10/2022)
3/10/2022
  • Motion to Extend TimeGranted
ORDER GRANTING 144 UNOPPOSED MOTION FOR EXTENSION OF TIME as to Eric Prescott Kay (1): Defendant shall have until Tuesday, 3/15/2022, to file any motion for judgment of acquittal pursuant to Rule 29(c) and/or motion for new trial pursuant to Rule 33. (Ordered by Senior Judge Terry R Means on 3/10/2022) (twd) (Entered: 03/10/2022)
3/3/2022 MOTION for Extension of Time to File Motion for Judgment of Acquittal and Motion for New Trial filed by Eric Prescott Kay (Wynn, William) (Entered: 03/03/2022)
2/28/2022(Document restricted to court users only) Receipt for Surrender of Passport as to Eric Prescott Kay. (bcr) (Entered: 02/28/2022)
2/17/2022 Minute Entry for proceedings held before Senior Judge Terry R Means: Jury Trial as to Eric Prescott Kay held on 2/17/2022. Attorney Appearances: AUSA - Lindsey E. Beran, AUSA Errin Martin, AUSA Joseph T. Lo Galbo, AUSA; Defense - William R. Wynn, Retained Michael A. Molfetta, Retained. (No exhibits) Time in Court - 02:03. (Court Reporter: Debbie Saenz) (Interpreter N/A.) (USPO N/A.) (sre) (Entered: 02/17/2022)
2/17/2022
  • Order
ORDER SETTING SCHEDULE FOR SENTENCING as to Eric Prescott Kay: Presentence Investigation Report due by 4/20/2022. Objections to Presentence Investigation Report due by 5/4/2022. Presentence Investigation Addendum due by 5/18/2022. Sentencing set for 6/28/2022 at 10:00 AM in US Courthouse, Courtroom 501, 501 W. 10th St., Fort Worth, TX 76102-3673 before Senior Judge Terry R Means. (Ordered by Senior Judge Terry R Means on 2/17/2022) (sre) (Entered: 02/17/2022)
2/17/2022JURY VERDICT as to Eric Prescott Kay (1) Guilty on Count 1s,2s. (sre) (Main Document 140 replaced on 2/17/2022) (sre). (Entered: 02/17/2022)
2/17/2022Jury Charge as to Eric Prescott Kay. Signed by Senior Judge Terry R Means on 2/17/2022. (sre) (Entered: 02/17/2022)
2/16/2022EXHIBIT LIST by USA as to Eric Prescott Kay (Lo Galbo-DOJ, Joseph) (Entered: 02/16/2022)
2/16/2022EXHIBIT LIST by Eric Prescott Kay (Wynn, William) (Entered: 02/16/2022)
2/16/2022 Minute Entry for proceedings held before Senior Judge Terry R Means: Jury Trial as to Eric Prescott Kay held on 2/16/2022. Attorney Appearances: AUSA - Lindsey E. Beran, AUSA Errin Martin, AUSA Joseph T. Lo Galbo, AUSA; Defense - William R. Wynn, Retained Michael A. Molfetta, Retained. (Exhibits admitted - returned to party) Time in Court - 03:04. (Court Reporter: Debbie Saenz) (Interpreter N/A.) (USPO N/A.) (sre) (Main Document 136 replaced on 2/17/2022) (sre). (Entered: 02/16/2022)
2/15/2022 Minute Entry for proceedings held before Senior Judge Terry R Means: Jury Trial as to Eric Prescott Kay held on 2/15/2022. Attorney Appearances: AUSA - Lindsey E. Beran, AUSA Errin Martin, AUSA Joseph T. Lo Galbo, AUSA; Defense - William R. Wynn, Retained Michael A. Molfetta, Retained. (Exhibits admitted - returned to party) Time in Court - 4:57. (Court Reporter: Debbie Saenz) (Interpreter N/A.) (USPO N/A.) (sre) (Entered: 02/15/2022)
2/14/2022 Minute Entry for proceedings held before Senior Judge Terry R Means: Jury Trial as to Eric Prescott Kay held on 2/14/2022. Attorney Appearances: AUSA - Lindsey E. Beran, AUSA Errin Martin, AUSA Joseph T. Lo Galbo, AUSA; Defense - William R. Wynn, Retained Michael A. Molfetta, Retained. (Exhibits admitted - returned to party) Time in Court - 5:49. (Court Reporter: Debbie Saenz) (Interpreter N/A.) (USPO N/A.) (sre) (Entered: 02/15/2022)
2/14/2022
  • OrderGranted
Ex Parte ORDER granting sealed and/or ex parte motion 132 in case as to Eric Prescott Kay (1). (Ordered by Senior Judge Terry R Means on 2/14/2022) (sre) (Entered: 02/14/2022)
2/14/2022United States Ex Parte Motion for Compulsion Order as to Eric Prescott Kay filed by USA. (Attachments: # 1 Exhibit(s) 1) (Beran-DOJ, Lindsey) (Entered: 02/14/2022)
2/13/2022Proposed Jury Instructions filed by USA as to Eric Prescott Kay (Beran-DOJ, Lindsey) (Entered: 02/13/2022)
2/11/2022 Minute Entry for proceedings held before Senior Judge Terry R Means: Jury Trial as to Eric Prescott Kay held on 2/11/2022. Attorney Appearances: AUSA - Lindsey E. Beran, AUSA Errin Martin, AUSA Joseph T. Lo Galbo, AUSA; Defense - William R. Wynn, Retained Michael A. Molfetta, Retained. (Exhibits admitted - returned to party) Time in Court - 5:11. (Court Reporter: Debbie Saenz) (Interpreter N/A.) (USPO N/A.) (sre) (Entered: 02/11/2022)
2/10/2022 Minute Entry for proceedings held before Senior Judge Terry R Means: Jury Trial as to Eric Prescott Kay held on 2/10/2022. Attorney Appearances: AUSA - Lindsey E. Beran, AUSA Errin Martin, AUSA Joseph T. Lo Galbo, AUSA; Defense - William R. Wynn, Retained Michael A. Molfetta, Retained. (Exhibits admitted - returned to party) Time in Court - 5:35. (Court Reporter: Debbie Saenz) (Interpreter N/A.) (USPO N/A.) (sre) Modified on 3/13/2023 (sre). (Entered: 02/11/2022)
2/9/2022 Minute Entry for proceedings held before Senior Judge Terry R Means: Jury Trial as to Eric Prescott Kay held on 2/9/2022. Attorney Appearances: AUSA - Lindsey E. Beran, AUSA Errin Martin, AUSA Joseph T. Lo Galbo, AUSA; Defense - William R. Wynn, Retained Michael A. Molfetta, Retained. (Exhibits admitted - returned to party) Time in Court - 5:11. (Court Reporter: Debbie Saenz) (Interpreter N/A.) (USPO N/A.) (sre) (Entered: 02/09/2022)
2/8/2022 Minute Entry for proceedings held before Senior Judge Terry R Means: Jury Trial as to Eric Prescott Kay held on 2/8/2022. Attorney Appearances: AUSA - Lindsey E. Beran, AUSA Errin Martin, AUSA Joseph T. Lo Galbo, AUSA; Defense - William R. Wynn, Retained Michael A. Molfetta, Retained. (Exhibits admitted - returned to party) Time in Court - 04:26. (Court Reporter: Debbie Saenz) (Interpreter N/A.) (USPO N/A.) (sre) (Entered: 02/09/2022)
2/8/2022Proposed Jury Instructions filed by Eric Prescott Kay (Wynn, William) (Entered: 02/08/2022)
2/7/2022 Minute Entry for proceedings held before Senior Judge Terry R Means: Pretrial Conference as to Eric Prescott Kay held on 2/7/2022. Attorney Appearances: AUSA - Lindsey E. Beran, AUSA Errin Martin, AUSA Joseph T. Lo Galbo, AUSA; Defense - William R. Wynn, Retained Michael A. Molfetta, Retained. (No exhibits) Time in Court - :51. (Court Reporter: Debbie Saenz) (sre) (Entered: 02/07/2022)
2/7/2022GOVERNMENT'S AMENDED WITNESS LIST re: 116 by USA as to Eric Prescott Kay. (sre) (Entered: 02/07/2022)
2/7/2022
  • Motion to FileGranted
ORDER granting 120 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) as to Eric Prescott Kay (1). (Ordered by Senior Judge Terry R Means on 2/7/2022) (sre) (Entered: 02/07/2022)
2/7/2022Proposed Voir Dire by USA as to Eric Prescott Kay (Beran-DOJ, Lindsey) (Entered: 02/07/2022)
2/6/2022Proposed Voir Dire by Eric Prescott Kay (Wynn, William) (Entered: 02/06/2022)
2/6/2022
  • Motion to File
MOTION for Leave to File Government's Amended Witness List filed by USA as to Eric Prescott Kay (Attachments: # 1 Proposed Amendment) (Martin-DOJ, Errin) (Entered: 02/06/2022)
2/5/2022EXHIBIT LIST by Eric Prescott Kay (Wynn, William) (Entered: 02/05/2022)
2/4/2022WITNESS LIST by Eric Prescott Kay (Wynn, William) (Entered: 02/04/2022)
2/3/2022EXHIBIT LIST by USA as to Eric Prescott Kay (Beran-DOJ, Lindsey) (Entered: 02/03/2022)
2/3/2022WITNESS LIST by USA as to Eric Prescott Kay (Beran-DOJ, Lindsey) (Entered: 02/03/2022)
2/2/2022SEALED AND EX PARTE ORDER GRANTING 113 MOTION TO UNSEAL in case as to Eric Prescott Kay (1). (Ordered by Senior Judge Terry R Means on 2/2/2022) (bdb) (Entered: 02/02/2022)
2/2/2022
  • Motion to SealDenied
ORDER DENYING MOTION FOR LEAVE TO SEAL, FOR EXTENSION OF TIME, AND TO INTERVENE AND FILE A RESPONSE as to Eric Prescott Kay: In short, the Court concludes that the government has failed to demonstrate that its concerns regarding the public filing of witness and exhibit lists outweigh the presumption of open public records. Consequently, the government's 105 , 110 motions are DENIED. The Times's 107 motion is DENIED as moot. The government and the Defendant shall electronically file their exhibit and witness lists no later than Thursday, 2/03/2022. (Ordered by Senior Judge Terry R Means on 2/2/2022) (twd) (Entered: 02/02/2022)
2/2/2022Sealed and Ex Parte Motion to Unseal Orders Compelling Testimony for Use at Trial as to Eric Prescott Kay filed by USA. (Martin-DOJ, Errin) (Entered: 02/02/2022)
2/2/2022
  • Motion to File
Brief/Memorandum in Support by Los Angeles Times Communications LLC as to Eric Prescott Kay re 111 MOTION for Leave to File a Response to the Governments Motion to ExtendMOTION To Intervene re 110 Unopposed MOTION for Extension of Time to Electronically File Witness and Exhibit Lists MOTION to Strike the Governments Motions (Cyrus, Christopher) (Entered: 02/02/2022)
2/2/2022
  • Motion to File
MOTION for Leave to File a Response to the Governments Motion to Extend, MOTION To Intervene re 110 Unopposed MOTION for Extension of Time to Electronically File Witness and Exhibit Lists, MOTION to Strike the Governments Motions () filed by Los Angeles Times Communications LLC as to Eric Prescott Kay (Attachments: # 1 Proposed Order Granting Los Angeles Times Communications LLCs Motion to Intervene or for Leave to File, # 2 Proposed Order Granting Los Angeles Times Communications LLCs Motion to Strike) (Cyrus, Christopher) (Entered: 02/02/2022)
2/1/2022Unopposed MOTION for Extension of Time to Electronically File Witness and Exhibit Lists filed by USA as to Eric Prescott Kay (Beran-DOJ, Lindsey) (Entered: 02/01/2022)
2/1/2022
  • Order
ORDER as to Eric Prescott Kay: Pretrial Conference is continued to 2/7/2022 at 10:00 AM before Senior Judge Terry R Means. (Ordered by Senior Judge Terry R Means on 2/1/2022) (twd) (Entered: 02/01/2022)
2/1/2022
  • Motion to Intervene
Brief/Memorandum in Support by Los Angeles Times Communications LLC as to Eric Prescott Kay re 107 MOTION To Intervene MOTION for Leave to File a Response in Opposition to the Governments Motion to File Witness and Exhibit Lists Under Seal (Cyrus, Christopher) (Entered: 02/01/2022)
2/1/2022
  • Motion to Intervene
MOTION To Intervene, MOTION for Leave to File a Response in Opposition to the Governments Motion to File Witness and Exhibit Lists Under Seal () filed by Los Angeles Times Communications LLC as to Eric Prescott Kay (Attachments: # 1 Proposed Order Granting Los Angeles Times Communications LLCs Motion to Intervene) (Cyrus, Christopher) (Entered: 02/01/2022)
2/1/2022Proposed Jury Instructions filed by USA as to Eric Prescott Kay (Beran-DOJ, Lindsey) (Entered: 02/01/2022)
1/31/2022
  • Motion to File
Unopposed MOTION for Leave to File Witness and Exhibit Lists Under Seal filed by USA as to Eric Prescott Kay (Beran-DOJ, Lindsey) (Entered: 01/31/2022)
1/26/2022Entries Unsealed as to Eric Prescott Kay per 104 Order..."the clerk of the Court is DIRECTED to unseal all of the docket entries in this case (solely the entries on the docket, however, and not the actual imaged documents to which those entries pertain)." (bdb) (Entered: 01/26/2022)
1/26/2022
  • Motion to InterveneGranted
ORDER GRANTING MOTION TO INTERVENE, PARTIALLY GRANTING MOTION TO UNSEAL AND MOTION TO STRIKE WITNESS AND EXHIBIT LISTS, AND DENYING MOTION FOR LEAVE TO FILE REPLY BRIEFS as to Eric Prescott Kay: (1) The Times's Motion to Intervene (doc. 89 -1) is GRANTED; (2) The Times's Motion to Unseal (doc. 89 -2) is PARTIALLY GRANTED, in that the clerk of the Court is DIRECTED to unseal all of the docket entries in this case (solely the entries on the docket, however, and not the actual imaged documents to which those entries pertain). (3) The government's Motion to Strike (doc. 96 ) Witness and Exhibit Lists (docs. 86 and 87 ) is PARTIALLY GRANTED, in that the lists are DEEMED withdrawn. The image of the documents shall, however, remain on the docket under seal and shall be unsealed at the conclusion of trial. (4) The Times's Motions for Leave to File Reply Briefs (docs. 102 and 103 ) are DENIED. (Ordered by Senior Judge Terry R Means on 1/26/2022) (sre) (Entered: 01/26/2022)
1/21/2022
  • Motion to File Reply
MOTION for Leave to File Reply to Government's Opposition to Motion to Unseal Judicial Records filed by Los Angeles Times Communications LLC as to Eric Prescott Kay (Attachments: # 1 Proposed Order Granting Los Angeles Times Communications, LLC's Motion to File a Reply to Government's Opposition to Unseal Judicial Records) (Cyrus, Christopher) (Entered: 01/21/2022)
1/21/2022
  • Motion to File Reply
MOTION for Leave to File Reply to Angels Baseball, LP's Opposition to Motion to Unseal Judicial Records filed by Los Angeles Times Communications LLC as to Eric Prescott Kay (Attachments: # 1 Proposed Order Granting Los Angeles Times Communications, LLC's Motion to File a Reply to Angels Baseball, LP's Opposition to Motion to Unseal Judicial Records) (Cyrus, Christopher) (Entered: 01/21/2022)
1/21/2022
  • Motion to Strike
RESPONSE by Los Angeles Times Communications LLC as to Eric Prescott Kay re: 96 MOTION to Strike Witness and Exhibit Lists, 97 Response/Objection (Cyrus, Christopher) (Entered: 01/21/2022)
1/20/2022
  • Order
ORDER Striking and Unfiling Documents as to Eric Prescott Kay re 99 MOTION for Leave to File Brief in Reply to Angels Baseball, LP's Opposition to Unseal Judicial Records, 98 MOTION for Leave to File Brief in Reply to Government's Opposition to Motion to Unseal Judicial Records due to the following deficiency: The motions must include certificate of conference or inability to confer. (Ordered by Senior Judge Terry R Means on 1/20/2022) (bdb) (Entered: 01/20/2022)
1/11/2022***UNFILED AND STRICKEN PER 100 ORDER*** MOTION for Leave to File Brief in Reply to Angels Baseball, LP's Opposition to Unseal Judicial Records filed by Los Angeles Times Communications LLC as to Eric Prescott Kay (Attachments: # 1 Proposed Order Granting LA Times Communications, LLC's Motion to File a Reply to Angels Baseball, LP's Opposition to Motion to Unseal Judicial Records) (Cyrus, Christopher) Modified on 1/20/2022 (bdb). (Entered: 01/11/2022)
1/11/2022***UNFILED AND STRICKEN PER 100 ORDER*** MOTION for Leave to File Brief in Reply to Government's Opposition to Motion to Unseal Judicial Records filed by Los Angeles Times Communications LLC as to Eric Prescott Kay (Attachments: # 1 Proposed Order Granting LA Times Communications, LLC's Motion to File a Reply to Government's Opposition to Motion to Unseal Judicial Records) (Cyrus, Christopher) Modified on 1/20/2022 (bdb). (Entered: 01/11/2022)
1/7/2022
  • Response
RESPONSE by USA as to Eric Prescott Kay re: 89 MOTION To Intervene MOTION to Unseal Document (Attachments: # 1 Exhibit(s) 1-2) (Beran-DOJ, Lindsey) (Entered: 01/07/2022)
1/7/2022
  • Motion to Strike
MOTION to Strike Witness and Exhibit Lists filed by USA as to Eric Prescott Kay (Beran-DOJ, Lindsey) (Entered: 01/07/2022)
1/6/2022
  • OrderGranted
ORDER GRANTING 91 MOTION FOR LEAVE TO PROCEED WITHOUT LOCAL COUNSEL as to Eric Prescott Kay (1). (Ordered by Senior Judge Terry R Means on 1/6/2022) (twd) (Entered: 01/06/2022)
1/4/2022
  • Motion to Extend TimeGranted
ORDER GRANTING MOTION TO EXTEND TIME TO RESPOND: Pending before the Court is the government's Unopposed Motion to Extend Time to Respond to Los Angeles Times Communications LLC's Motions to Intervene and Unseal Judicial Records (doc. 92 ). Having considered the unopposed motion, the Court concludes that this request should be and hereby is GRANTED. All responses in opposition to the Los Angeles Times motion must be filed on or before January 7, 2022. (Ordered by Senior Judge Terry R Means on 1/4/2022) (sre) (Entered: 01/04/2022)
1/3/2022
  • Motion to Intervene
RESPONSE AND OBJECTION by Angels Baseball LP as to Eric Prescott Kay re: 89 MOTION To Intervene MOTION to Unseal Document (Neuman, Ariel) (Entered: 01/03/2022)
1/3/2022
  • Motion to Extend Time
Unopposed MOTION for Extension of Time to Respond to Los Angeles Times Communications LLC's Motion to Intervene and Unseal Judicial Records filed by USA as to Eric Prescott Kay (Beran-DOJ, Lindsey) (Entered: 01/03/2022)
12/20/2021
  • Motion
Motion Request to Proceed Without Local Counsel filed by Los Angeles Times Communications, LLC as to Eric Prescott Kay (Hemphill, James) Modified on 12/21/2021 (sre). (Entered: 12/20/2021)
12/20/2021
  • Motion to Intervene
Brief/Memorandum in Support by Los Angeles Times Communications, LLC as to Eric Prescott Kay re 89 MOTION To Intervene MOTION to Unseal Document (Hemphill, James) (Entered: 12/20/2021)
12/20/2021
  • Motion to Intervene
MOTION To Intervene, MOTION to Unseal Document () filed by Los Angeles Times Communications, LLC as to Eric Prescott Kay (Attachments: # 1 Proposed Order [Proposed] Order Granting Los Angeles Times Communications LLCs Motion to Intervene, # 2 Proposed Order [Proposed] Order Granting Los Angeles Times Communications LLCs Motion to Unseal Judicial)Attorney James A Hemphill added to party Los Angeles Times Communications, LLC(pty:ip) (Hemphill, James) (Entered: 12/20/2021)
12/9/2021NOTICE OF ATTORNEY APPEARANCE by Joseph T. Lo Galbo-DOJ appearing for USA . (Clerk to set designation as: Assistant US Attorney). (If sealed documents that you are authorized to see were previously filed by U.S. Pretrial Services or U.S. Probation, you will require assistance to gain access to them and any related filings. Please call the clerk at 214.753.2240 during business hours to request access.) (Lo Galbo-DOJ, Joseph) (Entered: 12/09/2021)
11/9/2021***WITHDRAWN PER ORDER 104 *** Government's Witness List as to Eric Prescott Kay filed by USA. (Notice: Any required service of this document is the responsibility of the filer.) (sre) Modified on 1/26/2022 (sre). (Entered: 11/09/2021)
11/9/2021***WITHDRAWN PER ORDER 104 *** Government's Exhibit List as to Eric Prescott Kay filed by USA. (Notice: Any required service of this document is the responsibility of the filer.) (sre) Modified on 1/26/2022 (sre). (Entered: 11/09/2021)
11/9/2021
  • Motion to FileGranted
ORDER GRANTING MOTION TO FILE WITNESS AND EXHIBITLISTS UNDER SEAL UNTIL CONCLUSION OF TRIAL TESTIMONY as to Eric Prescott Kay: Pending before the Court is the government's Unopposed Motion to File Witness and Exhibit Lists Under Seal 73 . The title of the motion and the certificate of conference indicate that Defendant does not oppose the motion. As a result, and after having considered the motion, the Court concludes that it should be and hereby is GRANTED. The government's witness and exhibit lists are DEEMED filed UNDER SEAL this same day, and the clerk of the Court is DIRECTED to file a copy of the lists, which were attached as an exhibit to the motion, and maintain the lists and the government's motion UNDER SEAL until the conclusion of testimony in the trial in this case. See N.D. Tex. L. Civ. R. 15.1(b). (Ordered by Senior Judge Terry R Means on 11/9/2021) (sre) (Entered: 11/09/2021)
11/9/2021
  • OrderGranted
ORDER GRANTING REQUEST TO UNSEAL 67 as to Eric Prescott Kay (1): Pending before the Court is the "Request to Unseal Order Denying Motion to Compel Production 67 or Issue Redacted Version" 68 filed by Angels Baseball, LP. After review of the motion, the government's response, and the record in this case, the Court concludes that the motion should be and hereby is GRANTED. The clerk of the Court is DIRECTED to unseal the Court's Order Denying Motion to Compel Production 67 filed on October 7, 2021. (Ordered by Senior Judge Terry R Means on 11/9/2021) (sre) (Entered: 11/09/2021)
11/9/2021EX PARTE SEALED ORDER DENYING EX PARTE REQUEST 71 in case as to Eric Prescott Kay (Ordered by Senior Judge Terry R Means on 11/9/2021) (sre) (Entered: 11/09/2021)
11/9/2021
  • Motion to Continue TrialGranted
AMENDED ORDER GRANTING SECOND MOTION TO CONTINUE 74 as to Eric Prescott Kay: Jury Trial set for 2/8/2022 at 10:00 AM in US Courthouse, Courtroom 501, 501 W. 10th St., Fort Worth, TX 76102-3673 before Senior Judge Terry R Means. Pretrial Conference set for 2/3/2022 at 03:00 PM in US Courthouse, Courtroom 501, 501 W. 10th St., Fort Worth, TX 76102-3673 before Senior Judge Terry R Means. It is further ORDERED that the scheduling order previously issued in this cause is hereby MODIFIED as follows: (1) the deadline for filing witness and exhibit lists is EXTENDED until February 1; and (2) the deadline for exchanging exhibit notebooks is EXTENDED until February 3. (Ordered by Senior Judge Terry R Means on 11/9/2021) (sre) (Entered: 11/09/2021)
11/5/2021Waiver of Arraignment and Entry of Plea of Not Guilty by Eric Prescott Kay. Accepted by Magistrate Judge Jeffrey L. Cureton on 11/5/2021. (jah) (Entered: 11/05/2021)
11/3/202180
  • Order
ELECTRONIC ORDER as to Eric Prescott Kay: Arraignment on Superseding Indictment set for 11/17/2021 09:30 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Magistrate Judge Jeffrey L. Cureton. Attorneys and Defendant to be in the courtroom 15 minutes prior to the hearing start time. Waivers of arraignment are encouraged. (Ordered by Magistrate Judge Jeffrey L. Cureton on 11/3/2021) (jah) (Entered: 11/03/2021)
11/3/2021
  • Motion to ContinueGranted
ORDER GRANTING SECOND MOTION TO CONTINUE as to Eric Prescott Kay: Defendant's 74 Second Opposed Motion for Continuance is GRANTED. The trial of this cause is CONTINUED until 10:00 a.m. on Monday, January 24, 2022. The pretrial conference is CONTINUED until 3:00 p.m. on Thursday, January 20, 2022. (Ordered by Senior Judge Terry R Means on 11/3/2021) (bdb) (Entered: 11/03/2021)
11/2/2021SUPERSEDING INDICTMENT as to Eric Prescott Kay (1) count(s) 1s, 2s with Forfeiture Notice. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (npk) (Entered: 11/02/2021)
11/2/2021Proposed Jury Charge filed by USA as to Eric Prescott Kay (Bradshaw-DOJ, Jonathan) (Entered: 11/02/2021)
11/2/2021
  • Response
RESPONSE by USA as to Eric Prescott Kay re: 74 Second MOTION to Continue Opposed Motion to Continue Trial and Extend Pretrial Deadlines (Beran-DOJ, Lindsey) (Entered: 11/02/2021)
11/1/2021
  • Order
ORDER RESCHEDULING TIME OF JURY SELECTION as to Eric Prescott Kay: Jury selection in the above-styled and -numbered cause will commence at 10:00 a.m. on Monday, November 8, 2021, instead of 1:30 p.m., in the second floor district court courtroom of the Eldon B. Mahon United States Courthouse, Fort Worth, Texas. (Ordered by Senior Judge Terry R Means on 11/1/2021) (sre) (Entered: 11/02/2021)
11/1/2021
  • Motion to Continue
Second MOTION to Continue Opposed Motion to Continue Trial and Extend Pretrial Deadlines filed by Eric Prescott Kay with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) DOJ Press Release) (Wynn, William) (Entered: 11/01/2021)
11/1/2021
  • Motion to File
Government's Unopposed Motion to File Witness and Exhibit Lists Under Seal (Sealed pursuant to motion to seal) as to Eric Prescott Kay filed by USA. (Attachments: # 1 Exhibit(s) 1 - Government's Exhibit List, # 2 Exhibit(s) 2 - Government's Witness List) (Beran-DOJ, Lindsey) (Entered: 11/01/2021)
10/29/2021
  • OrderGranted
Ex Parte ORDER granting sealed and/or ex parte motion 69 in case as to Eric Prescott Kay (1) (Ordered by Senior Judge Terry R Means on 10/29/2021) (npk) (Entered: 10/29/2021)
10/28/2021
  • Motion
Government's Ex Parte Request as to Eric Prescott Kay filed by USA (Attachments: # 1 Exhibit(s) 1) (Beran-DOJ, Lindsey) (Entered: 10/28/2021)
10/28/2021Sealed Response re: 68 Motion to Unseal Document, (Sealed pursuant to SO 19-1, statute, or rule) as to Eric Prescott Kay filed by USA. (Beran-DOJ, Lindsey) (Entered: 10/28/2021)
10/26/2021Sealed and Ex Parte Motion to Disclose Grand Jury Material as to Eric Prescott Kay filed by USA (Martin-DOJ, Errin) (Entered: 10/26/2021)
10/14/2021 MOTION to Unseal Document ANGELS BASEBALL LPS REQUEST TO UNSEAL ORDER DENYING MOTION TO COMPEL PRODUCTION (ECF NO. 67) OR ISSUE REDACTED VERSION filed by Angels Baseball LP as to Eric Prescott Kay with Brief/Memorandum in Support. (Attachments: # 1 ANGELS BASEBALL LPS NOTICE OF LODGING OF PROPOSED REDACTED VERSION OFSEALED ORDER DENYING MOTION TO COMPEL PRODUCTION) (Neuman, Ariel) (Entered: 10/14/2021)
10/7/2021
  • Order
Sealed Order in case as to Eric Prescott Kay. (See order for details). (Ordered by Senior Judge Terry R Means on 10/7/2021) (sre) (Entered: 10/07/2021)
10/6/2021Sealed and/or Ex Parte Reply re: 37 Motion to Compel and request for evidentiary hearing as to Eric Prescott Kay filed by USA. (Notice: Any required service of this document is the responsibility of the filer.) (npk) (Additional attachment(s) added on 6/21/2023: # 1 Redacted Sealed and/or Ex Parte Reply) (bcr). (Entered: 10/06/2021)
10/6/2021
  • Motion to File ReplyGranted
Sealed ORDER GRANTING LEAVE TO FILE A REPLY UNDER SEAL re: 60 in case as to Eric Prescott Kay (1). (Clerk to enter the sealed and/or ex parte document as of the date of this order.) (Ordered by Senior Judge Terry R Means on 10/6/2021) (npk) (Entered: 10/06/2021)
9/21/2021
  • Motion in LimineGranted
ORDER GRANTING MOTION IN LIMINE as to Eric Prescott Kay (1): Pending before the Court is the government's Motion in Limine (doc. 34 ). As of the date of this order, there has been no response in opposition to the motion. The Court concludes that it should be and hereby is GRANTED. (Ordered by Senior Judge Terry R Means on 9/21/2021) (mmw) (Entered: 09/21/2021)
9/17/2021SEALED APPENDIX IN SUPPORT OF ANGELS BASEBALL LP'S 58 OPPOSITION TO GOVERNMENT'S MOTION TO COMPEL PRODUCTION OF MATERIALS AND INFORMATION DEMANDED BY SUBPOENA as to Eric Prescott Kay filed by Angels Baseball LP. (Notice: Any required service of this document is the responsibility of the filer.) (mmw) (Additional attachment(s) added on 6/21/2023: # 1 Redacted SEALED APPENDIX IN SUPPORT OF ANGELS BASEBALL LP'S 58 OPPOSITION TO GOVERNMENT'S MOTION TO COMPEL PRODUCTION OF MATERIALS AND INFORMATION DEMANDED BY SUBPOENA as to Eric Prescott Kay) (bcr). (Entered: 09/17/2021)
9/17/2021
  • Motion to SealGranted
SEALED ORDER GRANTING 59 MOTION TO SEAL APPENDIX as to Eric Prescott Kay: Pending before the Court is the Sealed Motion to Seal Appendix (doc. 59 ) filed by Angels Baseball LP ("Angels"). After review of the motion, the Court concludes that it should be and is hereby GRANTED. (Ordered by Senior Judge Terry R Means on 9/17/2021) (mmw) (Entered: 09/17/2021)
9/14/2021 OBJECTION by Angels Baseball LP as to Eric Prescott Kay re: 60 Sealed Motion for Leave to File Government's Reply to Angels' Opposition to Motion to Compel and Request for Evidentiary Hearing under Seal (Sealed pursuant to motion to seal) as to Eric Prescott Kay filed by USA. (Neuman, Ariel) Modified restriction on 9/15/2021 (mmw). (Entered: 09/14/2021)
9/13/2021
  • Motion to File Reply
Sealed Motion for Leave to File Government's Reply to Angels' Opposition to Motion to Compel and Request for Evidentiary Hearing under Seal (Sealed pursuant to motion to seal) as to Eric Prescott Kay filed by USA. (Attachments: # 1 Government's SEALED Reply to Angels' Opposition to Motion to Compel and Request for Evidentiary Hearing) (Bradshaw-DOJ, Jonathan) (Additional attachment(s) added on 6/21/2023: # 2 Redacted Sealed Motion for Leave to File Government's Reply to Angels' Opposition to Motion to Compel and Request for Evidentiary Hearing under Seal) (bcr). (Entered: 09/13/2021)
9/7/2021SEALED ANGELS BASEBALL LPS MOTION TO SEAL APPENDIX IN SUPPORT OF ITS OPPOSITION TO GOVERNMENTS MOTION TO COMPEL (Sealed pursuant to motion to seal) as to Eric Prescott Kay filed by Angels Baseball LP. (Attachments: # 1 Proposed Sealed Document) (Neuman, Ariel) (Additional attachment(s) added on 6/21/2023: # 2 Redacted SEALED ANGELS BASEBALL LPS MOTION TO SEAL APPENDIX IN SUPPORT OF ITS OPPOSITION TO GOVERNMENTS MOTION TO COMPEL) (bcr). (Entered: 09/07/2021)
9/7/2021
  • Motion to Compel
RESPONSE by Angels Baseball LP as to Eric Prescott Kay re: 37 MOTION to Compel Production of Materials and Information Demanded by Subpoena (Neuman, Ariel) (Entered: 09/07/2021)
9/7/2021Government's Supplemental and Amended Designation of Witnesses Pursuant to Federal Rule of Evidence 702 filed by USA as to Eric Prescott Kay (mmw) (Entered: 09/07/2021)
9/7/2021
  • Motion to FileGranted
ORDER GRANTING GOVERNMENT'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL AND AMENDED DESIGNATION OF WITNESSES PURSUANT TO FEDERAL RULE OF EVIDENCE 702 as to Eric Prescott Kay (1): Pending before the Court is Government's Motion for Leave to File Supplemental and Amended Designation of Witnesses Pursuant to Federal Rule of Evidence 702 (doc. 33 ). The Court concludes that the motion should be and it is hereby GRANTED. (Ordered by Senior Judge Terry R Means on 9/7/2021) (mmw) (Entered: 09/07/2021)
9/7/2021
  • Order
ORDER ASSIGNING HOURS FOR TRIAL as to Eric Prescott Kay. (Ordered by Senior Judge Terry R Means on 9/7/2021) (mmw) (Entered: 09/07/2021)
9/3/2021
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 47 Application for Admission Pro Hac Vice of Ariel A. Neuman. Further, if Applicant has not already done so, she must register as an ECF User no later than September 30, 2021, through the Court's website as to Eric Prescott Kay (1). (Ordered by Senior Judge Terry R Means on 9/3/2021) (tln) (Entered: 09/03/2021)
9/3/2021
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 48 Application for Admission Pro Hac Vice of Nicole Rodriguez Van Dyk. Further, if Applicant has not already done so, she must register as an ECF User no later than September 30, 2021, through the Court's website. as to Eric Prescott Kay (1). (Ordered by Senior Judge Terry R Means on 9/3/2021) (tln) (Entered: 09/03/2021)
9/3/2021
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 49 Application for Admission Pro Hac Vice of Oliver Rocos. Important Reminder: Further, if Applicant has not already done so, she must register as an ECF User no later than September 30, 2021, through the Court's website. as to Eric Prescott Kay (1). (Ordered by Senior Judge Terry R Means on 9/3/2021) (tln) (Entered: 09/03/2021)
9/3/2021
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 50 Application for Admission Pro Hac Vice of Naomi S. Solomon. Important Reminder: Further, if Applicant has not already done so, she must register as an ECF User no later than September 30, 2021, through the Court's website. as to Eric Prescott Kay (1). (Ordered by Senior Judge Terry R Means on 9/3/2021) (tln) (Entered: 09/03/2021)
8/31/2021
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Naomi S. Solomon (Filing fee $100; Receipt number 0539-12183592) filed by Angels Baseball LP as to Eric Prescott Kay (Attachments: # 1 Proposed Order)Attorney Naomi S Solomon added to party Angels Baseball LP(pty:ip) (Solomon, Naomi) (Entered: 08/31/2021)
8/31/2021
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Oliver Rocos (Filing fee $100; Receipt number 0539-12183430) filed by Angels Baseball LP as to Eric Prescott Kay (Attachments: # 1 Proposed Order)Attorney Oliver Rocos added to party Angels Baseball LP(pty:ip) (Rocos, Oliver) (Entered: 08/31/2021)
8/31/2021
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Nicole Rodriguez Van Dyk (Filing fee $100; Receipt number 0539-12183302) filed by Angels Baseball LP as to Eric Prescott Kay (Attachments: # 1 Proposed Order)Attorney Nicole Rodriguez Van Dyk added to party Angels Baseball LP(pty:ip) (Van Dyk, Nicole) (Entered: 08/31/2021)
8/31/2021
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Ariel A. Neuman (Filing fee $100; Receipt number 0539-12183139) filed by Angels Baseball LP as to Eric Prescott Kay (Attachments: # 1 Proposed Order)Attorney Ariel A Neuman added to party Angels Baseball LP(pty:ip) (Neuman, Ariel) (Entered: 08/31/2021)
8/27/2021Sealed Appendix in Support re: 37 Motion to Compel as to Eric Prescott Kay filed by USA. (Notice: Any required service of this document is the responsibility of the filer.) (tln) (Additional attachment(s) added on 6/21/2023: # 1 Redacted Appendix) (bcr). (Entered: 08/27/2021)
8/27/2021
  • OrderGranted
Sealed ORDER granting sealed and/or ex parte motion 38 in case as to Eric Prescott Kay (1). (Clerk to enter the sealed and/or ex parte document as of the date of this order.) (Ordered by Senior Judge Terry R Means on 8/27/2021) (tln) (Entered: 08/27/2021)
8/27/2021
  • Motion to ExpediteDenied
ORDER DENYING MOTION FOR EXPEDITED BRIEFING as to Eric Prescott Kay: Pending before the Court is the government's Motion to Compel Production of Materials and Information Demanded by Subpoena (doc. 37 ). Buried within the text and prayer for relief in that motion is a request for expedited briefing. Initially, the Court concludes that this request should be and hereby is DENIED due to the government's failure to include in the title of the document that the document included a motion for expedited briefing. See N.D. TEX. L. CRIM. R. 49.2(c). Furthermore, the Court discerns no basis for requiring expedited briefing. Any response to the motion shall be filed, as required by Local Criminal Rule 47.1(e) and paragraph six of the October 30, 2020 scheduling order previously issued in this case, no later than September 7, 2021. (Ordered by Senior Judge Terry R Means on 8/27/2021) (tln) (Entered: 08/27/2021)
8/26/2021
  • Motion to FileDenied
ORDER denying 36 Motion for Court to Submit Written Questionnaire to Potential Jurors as to Eric Prescott Kay (1). (see order for specifics) (Ordered by Senior Judge Terry R Means on 8/26/2021) (tln) (Entered: 08/26/2021)
8/26/2021
  • Order
ORDER MODIFYING JULY 28, 2021 ORDER PARTIALLY GRANTING OPPOSED MOTION TO CONTINUE as to Eric Prescott Kay: The judge presiding over this case will be out of state over the Columbus Day holiday week, which is the week following the week of October 4. As a result, the Court concludes that the original July 27 order granting Defendant's motion to continue should be and hereby is MODIFIED to reflect that Defendant's motion is GRANTED, and the trial of this cause is CONTINUED until 1:30 p.m. on Monday, November 8, 2021. The pretrial conference is CONTINUED until 3:00 p.m. on Thursday, November 4. (see order) (Ordered by Senior Judge Terry R Means on 8/26/2021) (tln) (Entered: 08/26/2021)
8/24/2021
  • Response
RESPONSE by Angels Baseball LP as to Eric Prescott Kay re: 40 Reply (Cayce, John) (Entered: 08/24/2021)
8/24/2021
  • Reply
REPLY by USA as to Eric Prescott Kay re: 39 Response/Objection (Bradshaw-DOJ, Jonathan) (Entered: 08/24/2021)
8/24/2021
  • Motion to Compel
RESPONSE AND OBJECTION by Angels Baseball LP as to Eric Prescott Kay re: 37 MOTION to Compel Production of Materials and Information Demanded by Subpoena (Cayce, John) (Entered: 08/24/2021)
8/23/2021
  • Motion to Seal
Sealed Motion to Seal Appendix to Government's Motion to Compel Production of Materials and Information Demanded by Subpoena (Sealed pursuant to motion to seal) as to Eric Prescott Kay filed by USA. (Attachments: # 1 SEALED Appendix) (Bradshaw-DOJ, Jonathan) (Additional attachment(s) added on 6/21/2023: # 2 Redacted Sealed Motion to Seal Appendix to Government's Motion to Compel Production of Materials and Information Demanded by Subpoena) (bcr). (Entered: 08/23/2021)
8/23/2021
  • Motion to Compel
MOTION to Compel Production of Materials and Information Demanded by Subpoena filed by USA as to Eric Prescott Kay (Bradshaw-DOJ, Jonathan) (Entered: 08/23/2021)
8/20/2021
  • Motion to File
MOTION for Court to Submit Written Questionnaire to Potential Jurors filed by Eric Prescott Kay with Brief/Memorandum in Support. (Wynn, William) (Entered: 08/20/2021)
8/20/2021NOTICE of Potential Evidence Relevant to Federal Rule of Evidence 404(b) filed by USA as to Eric Prescott Kay (Beran-DOJ, Lindsey) (Entered: 08/20/2021)
8/20/2021
  • Motion in Limine
MOTION in Limine filed by USA as to Eric Prescott Kay (Martin-DOJ, Errin) (Entered: 08/20/2021)
8/18/2021
  • Motion to File
MOTION for Leave to File Supplemental and Amended Designation of Witnesses Pursuant to Federal Rule of Evidence 702 filed by USA as to Eric Prescott Kay (Attachments: # 1 Exhibit(s) A - Government's Supplemental and Amended Designation of Witnesses Pursuant to Federal Rule of Evidence 702) (Beran-DOJ, Lindsey) (Entered: 08/18/2021)
8/4/2021
  • OrderGranted
Ex Parte ORDER granting ex parte motion 29 in case as to Eric Prescott Kay (1) (Ordered by Senior Judge Terry R Means on 8/4/2021) (tln) (Entered: 08/04/2021)
7/28/2021
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 26 Application for Admission Pro Hac Vice of Michael A. Molfetta as to Eric Prescott Kay (1). Important Reminder: Further, if Applicant has not already done so, he must register as an ECF User no later than August 27, 2021, through the Court's website. (Ordered by Senior Judge Terry R Means on 7/28/2021) (tln) (Entered: 07/28/2021)
7/28/2021
  • Order
ORDER partially granting 27 Motion to Continue as to Eric Prescott Kay (1): Jury Trial continued until 10/4/2021 01:30 PM in US Courthouse, Courtroom 501, 501 W. 10th St., Fort Worth, TX 76102-3673 before Senior Judge Terry R Means. Pretrial Conference continued until 9/30/2021 03:00 PM in US Courthouse, Courtroom 501, 501 W. 10th St., Fort Worth, TX 76102-3673 before Senior Judge Terry R Means. Pretrial Motions due by 8/20/2021. (see order) (Ordered by Senior Judge Terry R Means on 7/28/2021) (tln) (Entered: 07/28/2021)
7/27/2021United States Ex Parte Motion for Compulsion Order as to Eric Prescott Kay filed by USA (Attachments: # 1 Proposed Order Proposed Ex Parte Order) (Beran-DOJ, Lindsey) (Entered: 07/27/2021)
7/22/2021
  • Response
RESPONSE by USA as to Eric Prescott Kay re: 27 MOTION to Continue Trial and Extend Pretrial Deadlines (Beran-DOJ, Lindsey) (Entered: 07/22/2021)
7/21/2021
  • Motion to Continue Trial
MOTION to Continue Trial and Extend Pretrial Deadlines filed by Eric Prescott Kay (Wynn, William) (Entered: 07/21/2021)
7/19/2021
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice without a Certificate of Good Standing for Attorney Michael A. Molfetta (Filing fee $100; Receipt number 0539-12064571) filed by Eric Prescott Kay (Wynn, William) (Entered: 07/19/2021)
7/10/2021NOTICE OF ATTORNEY APPEARANCE by Jonathan Glen Bradshaw-DOJ appearing for USA . (Clerk to set designation as: Assistant US Attorney). (If sealed documents that you are authorized to see were previously filed by U.S. Pretrial Services or U.S. Probation, you will require assistance to gain access to them and any related filings. Please call the clerk at 214.753.2240 during business hours to request access.) (Bradshaw-DOJ, Jonathan) (Entered: 07/10/2021)
5/19/2021NOTICE OF ATTORNEY APPEARANCE by Errin Martin-DOJ appearing for USA . (Clerk to set designation as: Assistant US Attorney). (If sealed documents that you are authorized to see were previously filed by U.S. Pretrial Services or U.S. Probation, you will require assistance to gain access to them and any related filings. Please call the clerk at 214.753.2240 during business hours to request access.) (Martin-DOJ, Errin) (Entered: 05/19/2021)
4/6/2021
  • Motion to ContinueGranted
ORDER granting 22 Unopposed Motion to Continue as to Eric Prescott Kay (1): Jury Trial continued to 8/16/2021 01:30 before Senior Judge Terry R Means. Pretrial Conference continued to 8/12/2021 03:00 PM before Senior Judge Terry R Means. Pretrial Motions due by 6/30/2021. (see order) (Ordered by Senior Judge Terry R Means on 4/6/2021) (tln) (Entered: 04/06/2021)
3/26/2021
  • Motion to Continue Trial
Unopposed MOTION to Continue Trial and Extend Pretrial Deadlines filed by Eric Prescott Kay (Wynn, William) (Entered: 03/26/2021)
1/28/2021
  • Motion for Protective OrderGranted
ORDER granting 19 Motion for Protective Order as to Eric Prescott Kay (1). (Ordered by Senior Judge Terry R Means on 1/28/2021) (tln) (Entered: 01/28/2021)
1/15/2021Designation of Experts by USA (Attachments: # 1 Exhibit(s) Expert CVs) (Beran-DOJ, Lindsey) (Entered: 01/15/2021)
1/14/2021
  • Motion for Protective Order
Unopposed MOTION for Protective Order Governing Disclosure of Discovery Materials filed by USA as to Eric Prescott Kay (Beran-DOJ, Lindsey) (Entered: 01/14/2021)
11/13/2020
  • Motion to ContinueGranted
ORDER GRANTING 17 JOINT MOTION TO CONTINUE in the Interest of Justice as to Eric Prescott Kay: Jury Trial continued until Monday, 4/19/2021 at 01:30 PM before Senior Judge Terry R Means. Pretrial Conference continued until Thursday, 4/15/2021 at 03:00 PM before Senior Judge Terry R Means. Pretrial Motions due by 3/1/2021. (see order) (Ordered by Senior Judge Terry R Means on 11/13/2020) (tln) (Entered: 11/13/2020)
11/5/2020
  • Motion to Continue Trial
Joint MOTION to Continue Trial and Extend Pretrial Deadlines filed by Eric Prescott Kay (Wynn, William) (Entered: 11/05/2020)
10/30/2020 Pretrial and Scheduling Order for Criminal Trial as to Eric Prescott Kay: This case is set for jury trial on December 14, 2020, at 1:30 p.m. A pretrial conference will be conducted in the courtroom on the fifth floor of the U.S. Courthouse, Fort Worth, Texas, on Thursday, December 10, 2020, at 3:00 p.m. The defendant, as well as his respective counsel, must be present at the conference. Pretrial motions due by November 16, 2020. (see order) (Ordered by Senior Judge Terry R Means on 10/30/2020) (tln) (Entered: 10/30/2020)
10/27/2020Waiver of Arraignment and Entry of Plea of Not Guilty by Eric Prescott Kay. Accepted by Magistrate Judge Jeffrey L. Cureton on 10/27/2020. (jah) (Entered: 10/27/2020)
10/16/202014
  • Order
ELECTRONIC ORDER as to Eric Prescott Kay: Arraignment set for 10/28/2020 09:30 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Magistrate Judge Jeffrey L. Cureton. (Ordered by Magistrate Judge Jeffrey L. Cureton on 10/16/2020) (jah) (Entered: 10/16/2020)
10/15/2020Criminal Case Cover Sheet as to Eric Prescott Kay. (This document is for district court access only and will not be included in any ROA that may later be prepared.) (tln) (Entered: 10/16/2020)
10/15/2020INDICTMENT with Forfeiture Notice as to Eric Prescott Kay (1) count(s) 1, 2. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (tln) (Entered: 10/16/2020)
9/21/202011
  • Motion to Extend TimeGranted
ELECTRONIC ORDER granting 10 Second Joint Motion for Extension of Time to Indict as to Eric Prescott Kay (1): Continued to October 22, 2020 for the reasons stated in the joint motion and because the ends of justice served by the granting of such continuance outweigh the best interests of the public and the defendant in a speedy trial. see 18 USC 3161 (h)(7)(A) and (h)(7)(B)(iv) and (h)(7(B)(I). (Ordered by Magistrate Judge Jeffrey L. Cureton on 9/21/2020) (jah) [4:20-mj-00488-BJ] (Entered: 09/21/2020)
9/18/2020
  • Motion to Extend Time
Joint MOTION for Extension of Time to Indict filed by USA as to Eric Prescott Kay (Beran-DOJ, Lindsey) [4:20-mj-00488-BJ] (Entered: 09/18/2020)
8/28/20209
  • Motion to Extend TimeGranted
ELECTRONIC ORDER granting 8 Joint Motion for Extend Time to Indict as to Eric Prescott Kay (1): continued until 9/24/20 for the reasons stated in the joint motion and because the ends of justice served by the granting of such continuance outweigh the best interests of the public and the defendant in a speedy trial. see 18 USC 3161 (h)(7)(A) and (h)(7)(B)(iv) and (h)(7(B)(I) (Ordered by Magistrate Judge Jeffrey L. Cureton on 8/28/2020) (jah) [4:20-mj-00488-BJ] (Entered: 08/28/2020)
8/28/2020
  • Motion to Extend Time
Joint MOTION for Extension of Time to Indict filed by USA as to Eric Prescott Kay (Beran-DOJ, Lindsey) [4:20-mj-00488-BJ] (Entered: 08/28/2020)
8/14/2020Arrest Warrant Returned Executed on 8/7/20 as to Eric Prescott Kay self surrendered (jah) [4:20-mj-00488-BJ] (Entered: 08/14/2020)
8/13/2020Notice of Filing of Official Electronic Transcript of Initial Appearance Proceedings as to Eric Prescott Kay held on 08/07/2020 before Judge Jeffrey L. Cureton. Parties are notified of their duty to review and request redaction of the transcript. See Misc Order (MO) 61 and Special Order (SO) 19-1. If the transcript contains information that should be redacted under SO 19-1, contact the Operations Assistance Team at (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (8 pages) Court Reporter/Transcriber Kathy Rehling, kathyrehlingtranscripts@gmail.com, Telephone number 972-786-3063. A copy of the transcript may be purchased from the court reporter or viewed at the clerk's office. Redaction Request under SO 19-1, due immediately. Redaction Request due 9/3/2020. Redacted Transcript Deadline set for 9/14/2020. Release of Transcript Restriction set for 11/12/2020. (Rehling, Kathy) [4:20-mj-00488-BJ] (Entered: 08/13/2020)
8/7/2020
  • Order
ORDER Setting Conditions of Release as to Eric Prescott Kay (1) Deft released on PR bond; Deft to next appear as directed by the Court or U.S. Probation Officer; see order for specific conditions. (Ordered by Magistrate Judge Jeffrey L. Cureton on 8/7/2020) (jah) [4:20-mj-00488-BJ] (Entered: 08/07/2020)
8/7/20204 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Jeffrey L. Cureton: Initial Appearance as to Eric Prescott Kay held on 8/7/2020. Deft self surrendered to USM: 8/7/2020; attorney Reagan Wynn entered appearance as retained counsel; Gov't not moving for detention; deft waives PC hearing; Court finds PC; Deft executed PR Bond & advised of conditions of pretrial release; O/setting conditions of pretrial release entered; Deft released on conditions. Attorney Appearances: AUSA - Lindsey Beran; Defense - Reagan Wynn. (No exhibits) Time in Court - :06. (Court Reporter: Digital File) (USPO Honstein.) (jah) [4:20-mj-00488-BJ] (Entered: 08/07/2020)
8/7/2020NOTICE OF ATTORNEY APPEARANCE by William Reagan Wynn appearing for Eric Prescott Kay (jah) [4:20-mj-00488-BJ] (Entered: 08/07/2020)
8/7/2020Voluntary Surrender of Eric Prescott Kay (jah) [4:20-mj-00488-BJ] (Entered: 08/07/2020)
7/30/2020*** Arrest Warrant Issued in case as to Eric Prescott Kay. Excludable XM Started. (jah)[4:20-mj-00488-BJ] Modified per DJ chambers on 1/20/2022 (bcr). (Entered: 07/30/2020)
7/30/2020
  • Complaint
SEALED COMPLAINT (Clerk note: This case is to remain sealed until the defendant has been arrested/appeared.) as to Eric Prescott Kay (1). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (jah) [4:20-mj-00488-BJ] (Entered: 07/30/2020)