USA v. Michael Lacey, et al

22-10000 | U.S. Court of Appeals, Ninth Circuit

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Filed Jan. 4, 2022
Terminated Sept. 21, 2022
Judges FLETCHER, BYBEE, and VANDYKE
Original Case 2:18-cr-00422
Last Updated: 1 year, 5 months ago
Filing Date # Docket Text
10/13/2022MANDATE ISSUED.(WAF, JSB and LVD) [12562128] (DJV) [Entered: 10/13/2022 07:25 AM]
9/21/2022FILED MEMORANDUM DISPOSITION (WILLIAM A. FLETCHER, JAY S. BYBEE and LAWRENCE VANDYKE) AFFIRMED. FILED AND ENTERED JUDGMENT. [12545383] (JN) [Entered: 09/21/2022 09:27 AM]
9/2/2022Filed Audio recording of oral argument.
Note: Video recordings of public argument calendars are available on the Court's website, at http://www.ca9.uscourts.gov/media/
[12532925] (LW) [Entered: 09/02/2022 03:58 PM]
9/2/202250ARGUED AND SUBMITTED TO WILLIAM A. FLETCHER, JAY S. BYBEE and LAWRENCE VANDYKE. [12532783] (DB) [Entered: 09/02/2022 02:34 PM]
8/4/202249Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Whitney Z. Bernstein, Esquire for Appellant James Larkin. Hearing in San Francisco on 09/02/2022 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: Yes. (Argument minutes: 8) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/04/2022. [12509596] [22-10000] (Bernstein, Whitney) [Entered: 08/04/2022 12:36 PM]
8/4/202248Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Paul John Cambria, Jr., Esquire for Appellant Michael Lacey. Hearing in San Francisco on 09/02/2022 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: Yes. (Argument minutes: 7) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/04/2022. [12509582] [22-10000] (Cambria, Paul) [Entered: 08/04/2022 12:28 PM]
6/22/2022Authorization for CJA attorney Ms. Joy Bertrand for Joye Vaught to travel to San Francisco to attend oral argument on 09/02/2022. See attached letter for details. [12477229] (AML) [Entered: 06/22/2022 01:29 PM]
6/22/2022Authorization for CJA attorney Mr. David Eisenberg, I, Esquire for Andrew Padilla to travel to San Francisco to attend oral argument on 09/02/2022. See attached letter for details. [12477223] (AML) [Entered: 06/22/2022 01:28 PM]
6/21/202245Filed (ECF) Acknowledgment of hearing notice by Attorney Peter S. Kozinets for Appellee USA. Hearing in San Francisco on 09/02/2022 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 06/21/2022. [12475798] [22-10000] (Kozinets, Peter) [Entered: 06/21/2022 01:20 PM]
6/19/202244Notice of Oral Argument on Friday, September 2, 2022 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA.
The hearing time is the local time zone at the scheduled hearing location.

View the Oral Argument Calendar for your case here.

NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance.

Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so.

Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).

If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Friday, September 2, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12474852]. [22-10000] (KS) [Entered: 06/19/2022 06:10 AM]
5/19/2022Filed (ECF) Attorney Thomas H. Bienert, Jr., Esquire for Appellant James Larkin response to notice for case being considered for oral argument. Date of service: 05/19/2022. [12452056] [22-10000] (Bienert, Thomas) [Entered: 05/19/2022 09:38 PM]
5/18/2022Filed (ECF) Attorney Peter S. Kozinets for Appellee USA response to notice for case being considered for oral argument. Date of service: 05/18/2022. [12450081] [22-10000] (Kozinets, Peter) [Entered: 05/18/2022 12:05 PM]
5/18/2022Filed (ECF) Attorney Mr. Paul John Cambria, Jr., Esquire for Appellant Michael Lacey response to notice for case being considered for oral argument. Date of service: 05/18/2022. [12449950] [22-10000] (Cambria, Paul) [Entered: 05/18/2022 11:08 AM]
5/17/202240This case is being considered for an upcoming oral argument calendar in San Francisco.

Please review the San Francisco sitting dates for August 29 – September 2 & September 19 – September 23, 2022 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully.

When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.

If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation). [12449486] (DJH) [Entered: 05/17/2022 04:54 PM]
5/10/202239Received 3 paper copies of further excerpts of record [35] in 1 volume(s) filed by Appellants. [12443103] (SD) [Entered: 05/10/2022 02:24 PM]
5/10/202238Received 6 paper copies of Reply Brief [34] filed by Appellants. [12443097] (SD) [Entered: 05/10/2022 02:21 PM]
5/9/2022Filed (ECF) Attorney Peter S. Kozinets for Appellee USA response to notice for case being considered for oral argument. Date of service: 05/09/2022. [12442171] [22-10000] (Kozinets, Peter) [Entered: 05/09/2022 04:54 PM]
5/6/2022Filed clerk order: The reply brief [34] submitted by John Brunst, Michael Lacey, James Larkin, Andrew Padilla, Scott Spear and Joye Vaught is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The further excerpts of record [35] submitted by John Brunst, Michael Lacey, James Larkin, Andrew Padilla, Scott Spear and Joye Vaught are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12440441] (SML) [Entered: 05/06/2022 01:25 PM]
5/5/2022Submitted (ECF) further excerpts of record. Submitted by Appellants James Larkin, Michael Lacey, John Brunst, Andrew Padilla, Scott Spear and Joye Vaught. Date of service: 05/05/2022. [12439568] [22-10000] (Bernstein, Whitney) [Entered: 05/05/2022 04:44 PM]
5/5/2022Submitted (ECF) Reply Brief for review. Submitted by Appellants James Larkin, Michael Lacey, John Brunst, Andrew Padilla, Scott Spear and Joye Vaught. Date of service: 05/05/2022. [12439558] [22-10000] (Bernstein, Whitney) [Entered: 05/05/2022 04:42 PM]
4/21/2022Filed (ECF) Attorney Peter S. Kozinets for Appellee USA response to notice for case being considered for oral argument. Date of service: 04/21/2022. [12427407] [22-10000] (Kozinets, Peter) [Entered: 04/21/2022 09:44 AM]
4/21/2022Filed (ECF) Attorney Thomas H. Bienert, Jr., Esquire for Appellant James Larkin response to notice for case being considered for oral argument. Date of service: 04/21/2022. [12427373] [22-10000] (Bienert, Thomas) [Entered: 04/21/2022 09:28 AM]
4/21/2022Filed (ECF) Attorney Mr. Paul John Cambria, Jr., Esquire for Appellant Michael Lacey response to notice for case being considered for oral argument. Date of service: 04/21/2022. [12427207] [22-10000] (Cambria, Paul) [Entered: 04/21/2022 06:34 AM]
4/18/202230This case is being considered for an upcoming oral argument calendar in San Francisco

Please review the San Francisco sitting dates for August 2022 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully.

When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.

If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation).[12424728]. [22-10000] (KS) [Entered: 04/18/2022 04:21 PM]
4/18/202229Received 6 paper copies of Answering Brief [25] filed by USA. [12424435] (SD) [Entered: 04/18/2022 02:33 PM]
4/18/202228Received 3 paper copies of supplemental excerpts of record [26] in 1 volume(s) filed by USA. [12423993] (CPA) [Entered: 04/18/2022 10:56 AM]
4/15/2022Filed clerk order: The answering brief [25] submitted by USA is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The supplemental excerpts of record [26] submitted by USA are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12422482] (LA) [Entered: 04/15/2022 10:57 AM]
4/14/2022Submitted (ECF) supplemental excerpts of record. Submitted by Appellee USA. Date of service: 04/14/2022. [12422035] [22-10000] (Kozinets, Peter) [Entered: 04/14/2022 05:50 PM]
4/14/2022Submitted (ECF) Answering Brief for review. Submitted by Appellee USA. Date of service: 04/14/2022. [12422032] [22-10000] (Kozinets, Peter) [Entered: 04/14/2022 05:39 PM]
4/13/202224Terminated Erin McCampbell Paris for Michael Lacey in 22-10000 (due to incorrect ECF contact information) [12420511] (RY) [Entered: 04/13/2022 03:07 PM]
4/4/202223Received 6 paper copies of Opening Brief [18] filed UNDER SEAL by Appellants. [12412006] (SD) [Entered: 04/04/2022 01:59 PM]
4/1/202222Received 3 paper copies of excerpts of record [12], [19] in 25 volumes (Volumes 24 and 25 UNDER SEAL) and index volume filed by Appellants. [12410820] (LA) [Entered: 04/01/2022 01:36 PM]
3/28/2022Filed clerk order: The redacted opening brief [11] submitted by appellants is filed. No paper copies are required at this time. [12406630] (KWG) [Entered: 03/28/2022 03:29 PM]
3/28/2022Filed clerk order: The opening brief [18] submitted by appellants is filed UNDER SEAL. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [12], [19] submitted by appellants are filed. Volume 24 & 25 UNDER SEAL. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12406615] (KWG) [Entered: 03/28/2022 03:26 PM]
3/28/202219Submitted (ECF) UNDER SEAL excerpts of record Vol 24 & 25. Submitted by Appellants John Brunst, Michael Lacey, James Larkin, Andrew Padilla, Scott Spear and Joye Vaught. Date of service: 03/15/2022. (Court-entered filing, excerpts of record originally submitted in [14].) [12406552] (WL) [Entered: 03/28/2022 03:05 PM]
3/28/202218Submitted (ECF) UNDER SEAL Opening Brief for review. Submitted by Appellants John Brunst, Michael Lacey, James Larkin, Andrew Padilla, Scott Spear and Joye Vaught. Date of service: 03/15/2022. (Court-entered filing, brief originally submitted in [13].) [12406546] (WL) [Entered: 03/28/2022 03:04 PM]
3/28/2022Filed order (Appellate Commissioner): Appellants’ motions (Docket Entry Nos. [13] and [14]) to file under seal an unredacted opening brief and Volumes 24 and 25 of the excerpts of record are granted. See 9th Cir. R. 27-13. The Clerk will publicly file appellants’ motions to seal (Docket Entry Nos. [13]-1 and [14]-1), the redacted opening brief (Docket Entry No. [1239463-2]), and Volumes 1 through 23 of the excerpts of record (Docket Entry No. [12]). The Clerk will file under seal the unredacted opening brief (Docket Entry No. [13]-2) and Volumes 24 and 25 of the excerpts of record (Docket Entry Nos. [14]-2 and [14]-3). Appellants’ motion (Docket Entry No. [15]) for a 1-day extension of time to file the opening brief is granted. The remainder of the briefing schedule is reset as follows: appellee’s answering brief is due April 14, 2022, and the optional reply brief is due 21 days from the date of service of the answering brief. [12406542] (WL) [Entered: 03/28/2022 03:03 PM]
3/28/2022Filed Appellants John Brunst, Michael Lacey, James Larkin, Andrew Padilla, Scott Spear and Joye Vaught motions to file unredacted opening brief and Volumes 24 and 25 of the excerpts of record UNDER SEAL. Deficiencies: None. Served on 03/15/2022. (Court-enterefd filing of motion submitted under seal at [13] & [14])[12406532] (WL) [Entered: 03/28/2022 02:59 PM]
3/15/2022Filed (ECF) Appellant James Larkin Motion to file a late brief. Date of service: 03/15/2022. [12395110] [22-10000] (Bernstein, Whitney) [Entered: 03/15/2022 12:11 PM]
3/15/202214Filed (ECF) UNDER SEAL Appellants John Brunst, Michael Lacey, James Larkin, Andrew Padilla, Scott Spear and Joye Vaught motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 03/15/2022. [12394635] [22-10000]--[COURT UPDATE: Attached corrected motion and excerpts, updated docket text to reflect content of filing. 03/21/2022 by LA] (Bernstein, Whitney) [Entered: 03/15/2022 04:39 AM]
3/15/202213Filed (ECF) UNDER SEAL Appellants John Brunst, Michael Lacey, James Larkin, Andrew Padilla, Scott Spear and Joye Vaught motion to file document under seal and submit sealed document. Type of document: brief. Date of service: 03/15/2022. [12394634] [22-10000]--[COURT UPDATE: Attached corrected brief, updated docket text to reflect content of filing. 03/21/2022 by LA] (Bernstein, Whitney) [Entered: 03/15/2022 04:33 AM]
3/15/2022Submitted (ECF) excerpts of record. Submitted by Appellants John Brunst, Michael Lacey, James Larkin, Andrew Padilla, Scott Spear and Joye Vaught. Date of service: 03/15/2022. [12394632] [22-10000]--[COURT UPDATE: Attached corrected excerpts. 03/21/2022 by LA] (Bernstein, Whitney) [Entered: 03/15/2022 03:59 AM]
3/15/2022Submitted (ECF) Opening Brief for review. Submitted by Appellants James Larkin, John Brunst, Michael Lacey, Andrew Padilla, Scott Spear and Joye Vaught. Date of service: 03/15/2022. [12394631] [22-10000]--[COURT UPDATE: Attached corrected brief. 03/21/2022 by LA] (Bernstein, Whitney) [Entered: 03/15/2022 03:26 AM]
2/21/202210Criminal Justice Act electronic voucher created. (Counsel: Ms. Joy Bertrand for Joye Vaught and Mr. David Eisenberg, I, Esquire for Andrew Padilla) [12375525] (TG) [Entered: 02/21/2022 11:43 AM]
2/4/2022Filed order (WILLIAM C. CANBY, MARSHA S. BERZON and MARK J. BENNETT): Appellee’s motion to dismiss or summarily affirm this appeal (Docket Entry No. [2]) is denied without prejudice to renewal of the motion for summary affirmance following the submission of appellants’ opening brief. Appellee’s motion to expedite the briefing schedule is granted in part. Appellants’ opening brief and excerpts of record are due March 14, 2022; appellee’s answering brief is due April 13, 2022; and the optional reply brief is due within 21 days after service of the answering brief. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(1). No written motions for extensions of time under Ninth Circuit Rule 31-2.2(b) will be granted absent extraordinary and compelling circumstances. This appeal will be placed on the next available calendar after the completion of briefing. [12361356] (AF) [Entered: 02/04/2022 02:50 PM]
2/1/20228Added Attorney(s) Austin Berry for party(s) Appellee USA, in case 22-10000. [12356854] (DJV) [Entered: 02/01/2022 08:02 AM]
2/1/20227Filed (ECF) notice of appearance of Austin Maxwell Berry (Department of Justice, Child Exploitation & Obscenity Section, 1301 New York Avenue, NW, 11th Floor, Washington, DC 20005) for Appellee USA. Date of service: 02/01/2022. (Party was previously proceeding with counsel.) [12356849] [22-10000] (Berry, Austin) [Entered: 02/01/2022 07:58 AM]
1/31/2022Filed (ECF) Appellee USA reply to response (). Date of service: 01/31/2022. [12356358] [22-10000] (Kozinets, Peter) [Entered: 01/31/2022 03:30 PM]
1/25/20225Added Attorney(s) Erin McCampbell Paris for party(s) Appellant Michael Lacey, in case 22-10000. [12349966] (DJV) [Entered: 01/25/2022 09:48 AM]
1/25/20224Filed (ECF) notice of appearance of Erin McCampbell Paris (Lipsitz Green Scime Cambria LLP, 42 Delaware Avenue, Buffalo, NY 14202) for Appellant Michael Lacey. Date of service: 01/25/2022. (Party was previously proceeding with counsel.) [12349956] [22-10000] (Paris, Erin) [Entered: 01/25/2022 09:45 AM]
1/24/2022Filed (ECF) Appellant James Larkin response opposing motion ([2] Motion (ECF Filing), [2] Motion (ECF Filing) motion to dismiss the case, [2] Motion (ECF Filing) motion for summary affirmance, [2] Motion (ECF Filing) motion to expedite case). Date of service: 01/24/2022. [12349677] [22-10000] (Bernstein, Whitney) [Entered: 01/24/2022 09:16 PM]
1/14/2022Filed (ECF) Appellee USA Motion to dismiss the case, Motion for summary affirmance, Motion to expedite case. Date of service: 01/14/2022. [12341812] [22-10000] (Kozinets, Peter) [Entered: 01/14/2022 03:48 PM]
1/4/2022DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: N/A. Transcript ordered by 01/24/2022. Transcript due 02/23/2022. Appellant briefs and excerpts due by 04/04/2022 for John Brunst, Michael Lacey, James Larkin, Andrew Padilla, Scott Spear and Joye Vaught. Appellee brief due 05/04/2022 for United States of America. Appellant's optional reply brief is due 21 days after service of the answering brief. [12330914] (JMR) [Entered: 01/04/2022 02:16 PM]