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Since this appears to be a very large docket, we will only show 500 entries at at time.
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Filed: None, Entered: None |
sentencing |
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Sentencing was held before Judge Kiyo A. Matsumoto on March 9, 2018 as to Martin Shkreli, on Counts Three (3), Six (6) and Eight (8) of the Superseding Indictment. Assistant U.S. Attorneys Jacquelyn M. Kasulis, Esq., Alixandra E. Smith, Esq., Girish Karthik Srinivasan, Esq., Claire S. Kedeshian, Esq. and Laura Mantell, Esq. appeared for the government. Benjamin Brafman, Esq., Marc A. Agnifilo, Esq., Andrea Zellan, Esq., Jacob Kaplan, Esq., and Teny R. Geragos, Esq. appeared for Mr. Shkreli. Defendant was sentenced to Eighty-four (84) months, with credit for time served, on each of Counts Three (3) and Six (6), to run concurrently; Sixty (60) months with credit for time served on Count Eight (8), to run concurrently with all other counts. A Supervised release term of Three (3) years with special conditions imposed. A mandatory Special Assessment of Three Hundred ($300) Dollars. A fine of $25K on each count for a total of $75K and restitution to be determined at a later date. The defendant was advised of his right to appeal. At defendant's request, the court will not enter judgment at this time, pending further briefing regarding restitution and facility placement. Defendant's submission is due by March 13, 2018; the government's response is due by March 15, 2018. (Court Reporter Denise Parisi.) (Almonte, Giselle)
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553 |
Filed: 3/8/2018, Entered: 3/8/2018 |
Letter |
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Letter requesting permission to supplement Sentencing Memorandum (Dkt. No. 538) as to Martin Shkreli (Attachments: # (1) Exhibit 55) (Brafman, Benjamin)
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Request |
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552 |
Filed: 3/8/2018, Entered: 3/8/2018 |
Letter |
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Letter Submitted Pursuant to the Court's March 7, 2018 Order re Sentencing Letters as to Martin Shkreli (Srinivasan, Girish)
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Request |
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551 |
Filed: 3/7/2018, Entered: 3/7/2018 |
Letter |
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Letter re Restitution as to Martin Shkreli (Smith, Alixandra)
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Request |
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550 |
Filed: 3/7/2018, Entered: 3/7/2018 |
Letter |
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Letter to the Hon. Matsumoto in advance of sentencing as to Martin Shkreli (Brafman, Benjamin)
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Request |
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Filed: None, Entered: None |
Order |
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ORDER as to Martin Shkreli. The court will so-order, in part, the parties' joint proposal regarding letters the court has received in connection with the sentencing in this case. On notice to the defense, the government shall, by March 8, 2018, redact the letters to ensure that (1) only individuals' personally identifiable information ("PII") (e.g. date of birth, contact information, etc.) is redacted, but the name of the person submitting the letter shall not be redacted except as provided in (2) herein; (2) the author's name, and the names of family members and/or friends, together with all other PII, must also be redacted in circumstances where the disclosure of the author's name could result in an association between a specific individual and a specific medical condition. Ordered by Judge Kiyo A. Matsumoto on 3/7/2018. (Tata, Vivek)
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549 |
Filed: 3/6/2018, Entered: 3/6/2018 |
sentencing memorandum |
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SENTENCING MEMORANDUM by USA as to Martin Shkreli (Smith, Alixandra)
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Request |
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548 |
Filed: 3/6/2018, Entered: 3/6/2018 |
Letter |
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Letter submitted jointly by the parties addressing the Court's February 28, 2018 Order re: letters received by the Court as to Martin Shkreli (Smith, Alixandra)
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Request |
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546 |
Filed: 3/6/2018, Entered: 3/6/2018 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Evan Greebel held on December 27, 2017, before Judge Kiyo A. Matsumoto. Court Reporter/Transcriber David R. Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/27/2018. Redacted Transcript Deadline set for 4/6/2018. Release of Transcript Restriction set for 6/4/2018. (Roy, David)
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Request |
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545 |
Filed: 3/6/2018, Entered: 3/6/2018 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Evan Greebel held on December 20, 2017, before Judge Kiyo A. Matsumoto. Court Reporter/Transcriber David R. Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/27/2018. Redacted Transcript Deadline set for 4/6/2018. Release of Transcript Restriction set for 6/4/2018. (Roy, David)
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Request |
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544 |
Filed: 3/6/2018, Entered: 3/6/2018 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Evan Greebel held on December 19, 2017, before Judge Kiyo A. Matsumoto. Court Reporter/Transcriber David R. Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/27/2018. Redacted Transcript Deadline set for 4/6/2018. Release of Transcript Restriction set for 6/4/2018. (Roy, David)
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Request |
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543 |
Filed: 3/6/2018, Entered: 3/6/2018 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Evan Greebel held on December 12, 2017, before Judge Kiyo A. Matsumoto. Court Reporter/Transcriber David R. Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/27/2018. Redacted Transcript Deadline set for 4/6/2018. Release of Transcript Restriction set for 6/4/2018. (Roy, David)
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Request |
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541 |
Filed: 3/5/2018, Entered: 3/5/2018 |
Order on Motion for Forfeiture of Property |
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ORDER granting [464] Motion for Forfeiture of Property as to Martin Shkreli. For the reasons stated in the attached Memorandum and Order, the court concludes that the government has established that forfeiture of substitute assets, up to $7,360,450.00, is warranted in this case. The court has so-ordered the government's Proposed Preliminary Order of Forfeiture, Dkt. No. [540]. Ordered by Judge Kiyo A. Matsumoto on 3/5/2018. (Tata, Vivek)
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540 |
Filed: 3/5/2018, Entered: 3/5/2018 |
Order for Forfeiture of Property |
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PRELIMINARY ORDER OF FORFEITURE as to Martin Shkreli. 3 cc forwarded to the USATTY's Office. Ordered by Judge Kiyo A. Matsumoto on 3/5/2018. (Williams-Jackson, Sandra)
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539 |
Filed: 3/2/2018, Entered: 3/2/2018 |
Letter |
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Letter with Revised Proposed Preliminary Order of Forfeiture as to Martin Shkreli (Attachments: # (1) Revised proposed Preliminary Order of Forfeiture) (Kedeshian, Claire)
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Request |
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Filed: None, Entered: None |
Telephone Conference |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Telephone Conference as to Martin Shkreli held on 2/28/2018. Appearances: for the government, Jacquelyn M. Kasulis, Esq., and Alixandra E. Smith, Esq.; for defendant, Benjamin Brafman, Esq., Jacob Kaplan, Esq., and Teny R. Geragos, Esq. Mr. Brafman waived Mr. Shkreli's appearance. The court held a telephonic conference regarding letters it has received from individuals who wish to be heard regarding Mr. Shkreli's sentencing. The court will make the letters available to the parties, who will review the letters, confer, and, if possible, jointly recommend: (1) which, if any, of the letters the court should consider in making its sentencing determination, and (2) whether the court should keep part or all of the letters under seal. The parties' joint, or if necessary separate, submissions shall be due by 12:00 p.m., Tuesday March 6, 2018. The parties shall support any request to keep information under seal with legal authority. (Sealed FTR Log #3:01:54-3:17:54.) (Tata, Vivek) .
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538 |
Filed: 2/27/2018, Entered: 2/27/2018 |
sentencing memorandum |
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SENTENCING MEMORANDUM by Martin Shkreli (Attachments: # (1) Appendix of Exhibits to Martin Shkreli's Sentencing Memorandum) (Brafman, Benjamin)
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Request |
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537 |
Filed: 2/27/2018, Entered: 2/27/2018 |
Motion to Unseal Document |
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MOTION to Unseal Document by USA as to Evan Greebel. (Kessler, David)
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Request |
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Filed: None, Entered: None |
Motion Hearing |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: conference and oral argument held on 2/23/2018. The court heard argument on Mr. Shkreli's motion for a judgment of acquittal. The court also heard argument on the loss amount in this case and on the government's pending motion for forfeiture. Mr. Shkreli's sentencing memorandum will be filed by February 27, 2018, and the government's response will be due on March 5, 2018. The government will also submit a revised preliminary order of forfeiture. (Court Reporter Michele Lucchese.) (Tata, Vivek)
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536 |
Filed: 2/26/2018, Entered: 2/26/2018 |
notice of attorney appearance - USA |
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NOTICE OF ATTORNEY APPEARANCE Laura D. Mantell appearing for USA. (Mantell, Laura)
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Request |
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535 |
Filed: 2/26/2018, Entered: 2/26/2018 |
Order on Motion for Acquittal |
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ORDER denying [363] Motion for Acquittal as to Martin Shkreli. For the reasons set forth in the attached Memorandum and Order, the court respectfully denies defendant's motion for a judgment of acquittal [363]. For the purposes of sentencing, the court will apply a loss amount of $2,998,000 on Count Three, $3,402,450 on Count Six, and $4,000,000 on Count Eight. Ordered by Judge Kiyo A. Matsumoto on 2/26/2018. (Tata, Vivek)
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Request |
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534 |
Filed: 2/20/2018, Entered: 2/20/2018 |
Letter |
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Letter Reply to Dkt. No. 532 regarding Loss Amount as to Martin Shkreli (Brafman, Benjamin)
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Request |
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533 |
Filed: 2/17/2018, Entered: 2/17/2018 |
Affidavit |
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AFFIDAVIT/AFFIRMATION by Evan Greebel [530] Trial Brief, filed by Evan Greebel (Attachments: # (1) Exhibit A) (Brodsky, Reed)
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Request |
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532 |
Filed: 2/17/2018, Entered: 2/17/2018 |
Letter |
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Letter re Loss Amount (in response to Dkt. No. 527) as to Martin Shkreli (Smith, Alixandra)
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Request |
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530 |
Filed: 2/17/2018, Entered: 2/17/2018 |
Trial Brief |
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TRIAL BRIEF by Evan Greebel (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q) (Brodsky, Reed)
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Request |
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529 |
Filed: 2/12/2018, Entered: 2/12/2018 |
Response In Opposition |
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RESPONSE in Opposition re [464] MOTION for Forfeiture of Property and [523] Reply to Response to Motion (Brafman, Benjamin)
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Request |
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528 |
Filed: 2/12/2018, Entered: 2/12/2018 |
Letter |
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Letter regarding request for Oral Argument on Rule 29 Motion as to Martin Shkreli (Brafman, Benjamin)
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Request |
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527 |
Filed: 2/9/2018, Entered: 2/9/2018 |
Letter |
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Letter to the Hon. Matsumoto regarding loss amount as to Martin Shkreli (Brafman, Benjamin)
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Request |
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Filed: None, Entered: None |
Order |
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ORDER. Mr. Shkreli has requested oral argument on his motion for acquittal [363]. By February 13, 2017, the parties shall advise the court if they still wish to have oral argument on the motion, or if they would prefer to rest on their written submissions. If so, the court will hold oral argument on the motion for acquittal on February 23, 2018, at 9:30 a.m., prior to hearing argument on the loss amount and the forfeiture count. Ordered by Judge Kiyo A. Matsumoto on 2/9/2018. (Renzler, Katie)
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Filed: None, Entered: None |
Order |
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ORDER as to Martin Shkreli. The court grants Mr. Shkreli's request to file a short sur-reply concerning the pending motion for forfeiture. The sur-reply must be filed by February 12, 2018. Ordered by Judge Kiyo A. Matsumoto on 2/7/2018. (Tata, Vivek)
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524 |
Filed: 2/6/2018, Entered: 2/6/2018 |
Letter |
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Letter requesting Permission to File a Sur-reply as to Martin Shkreli (Brafman, Benjamin)
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Request |
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523 |
Filed: 2/5/2018, Entered: 2/5/2018 |
Reply to Response |
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REPLY TO RESPONSE to Motion re [464] MOTION for Forfeiture of Property and in Reply to Dkt. No. 515 (Attachments: # (1) Exhibit Revised Summary Chart Exhibit A) (Kedeshian, Claire)
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Request |
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522 |
Filed: 2/1/2018, Entered: 2/1/2018 |
Letter |
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Letter requesting a brief extension of the due date for the government's forfeiture reply brief as to Martin Shkreli (Smith, Alixandra)
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Request |
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Filed: None, Entered: None |
set deadlines |
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Order granting request for an extension of time to file: The government's deadline to file its reply brief regarding forfeiture in this case is extended to February 5, 2018.. Ordered by Judge Kiyo A. Matsumoto on 2/1/2018. (Tata, Vivek)
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Filed: None, Entered: None |
Status Conference |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Status Conference as to Martin Shkreli held on 1/31/2018. The parties agreed to the following briefing schedule regarding the loss amount: defendant to file his memorandum on February 9, 2018; government to respond by February 16, 2018; defendant to reply by February 20, 2018. The court will hear argument on loss amount and on the forfeiture count on February 23, 2018 at 9:30 a.m. Mr. Shkreli's sentencing will now proceed on March 9, 2018 at 11 a.m. (Court Reporter David Roy.) (Tata, Vivek)
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520 |
Filed: 1/30/2018, Entered: 1/30/2018 |
Letter |
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Letter re: January 31, 2018 Status Conference as to Martin Shkreli (Brafman, Benjamin)
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Request |
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519 |
Filed: 1/26/2018, Entered: 1/26/2018 |
Letter |
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Letter regarding permission to travel as to Evan Greebel (Brodsky, Reed)
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Request |
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Filed: None, Entered: None |
Order |
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ORDER as to Evan Greebel. The court grants Mr. Greebel's request to travel (1) to Florida from on or about February 15, 2018 through on or about March 2, 2018, and (2) to the Northern District of New York for day trips during the remaining weekend in January, February and March (ECF No. [519]), provided that Mr. Greebel provides a copy of his travel itineraries to his pretrial services officer in advance of travel. Upon his return from each trip Mr. Greebel shall check in with his pretrial services officer. All other conditions of release remain. Ordered by Judge Kiyo A. Matsumoto on 1/26/2018. (Tata, Vivek)
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518 |
Filed: 1/25/2018, Entered: 1/25/2018 |
Letter |
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Letter re Extension of Post-Trial Briefing Deadlines as to Evan Greebel (Brodsky, Reed)
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Request |
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Filed: None, Entered: None |
Set/Reset Motion and R and R Deadlines/Hearings |
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Order as to Evan Greebel. The defendant's request for an extension of post-trial briefing deadlines is granted in part. After trial, the court ordered the generous briefing schedule requested by defendant. Given the numerous lawyers working on this case, the original post-trial deadlines were sufficient to permit the parties to file concise briefs with citations to the record and relevant authority. Nevertheless, on motion of the defendant, the court reluctantly orders the following briefing schedule: defendant's post-trial motion shall be filed by February 16, 2018; the government's opposition shall be filed by March 16, 2018; and defendant's reply shall be filed by March 30, 2018. Ordered by Judge Kiyo A. Matsumoto on 1/25/2018. (Tata, Vivek)
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517 |
Filed: 1/22/2018, Entered: 1/22/2018 |
Order on Motion to withdraw as attorney |
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ORDER, granting [516] Motion to Withdraw as Attorney. Lisa Heather Rubin withdrawn from case. as to Evan Greebel (2). (Ordered by Judge Kiyo A. Matsumoto on 1/19/2018) (Galeano, Sonia)
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Request |
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516 |
Filed: 1/17/2018, Entered: 1/17/2018, Terminated: 1/22/2018 |
Motion to withdraw as attorney |
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MOTION to Withdraw as Attorney LISA H. RUBIN by Reed Brodsky. by Evan Greebel. (Attachments: # (1) of Reed Brodsky, # (2) Proposed Order) (Brodsky, Reed)
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Request |
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515 |
Filed: 1/11/2018, Entered: 1/11/2018 |
Response In Opposition |
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RESPONSE in Opposition re [464] MOTION for Forfeiture of Property (Brafman, Benjamin)
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Request |
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514 |
Filed: 1/11/2018, Entered: 1/11/2018 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Evan Greebel held on December 8, 2017, before Judge Kiyo A. Matsumoto. Court Reporter/Transcriber David R. Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/1/2018. Redacted Transcript Deadline set for 2/12/2018. Release of Transcript Restriction set for 4/11/2018. (Roy, David)
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Request |
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513 |
Filed: 1/10/2018, Entered: 1/10/2018 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Evan Greebel held on 12/7/17, before Judge MATSUMOTO. Court Reporter/Transcriber Rivka Teich, Telephone number 7186132268. Email address: rivkateich@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/31/2018. Redacted Transcript Deadline set for 2/12/2018. Release of Transcript Restriction set for 4/10/2018. (Teich, Rivka)
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Request |
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512 |
Filed: 1/10/2018, Entered: 1/10/2018 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Evan Greebel held on 12/6/17, before Judge MATSUMOTO. Court Reporter/Transcriber Rivka Teich, Telephone number 7186132268. Email address: rivkateich@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/31/2018. Redacted Transcript Deadline set for 2/12/2018. Release of Transcript Restriction set for 4/10/2018. (Teich, Rivka)
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Request |
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511 |
Filed: 1/10/2018, Entered: 1/10/2018 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Evan Greebel held on 12/5/17, before Judge MATSUMOTO. Court Reporter/Transcriber Rivka Teich, Telephone number 7186132268. Email address: rivkateich@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/31/2018. Redacted Transcript Deadline set for 2/12/2018. Release of Transcript Restriction set for 4/10/2018. (Teich, Rivka)
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Request |
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510 |
Filed: 1/10/2018, Entered: 1/10/2018 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Evan Greebel held on 12/4/2017, before Judge MATSUMOTO. Court Reporter/Transcriber Rivka Teich, Telephone number 7186132268. Email address: rivkateich@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/31/2018. Redacted Transcript Deadline set for 2/12/2018. Release of Transcript Restriction set for 4/10/2018. (Teich, Rivka)
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Request |
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509 |
Filed: 1/8/2018, Entered: 1/8/2018 |
Letter |
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Letter requesting a brief extension as to Martin Shkreli (Brafman, Benjamin)
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Request |
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Filed: None, Entered: None |
Scheduling Order |
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ORDER as to Martin Shkreli. Defendant's request for an extension to respond to the government's forfeiture motion is granted. Defendant shall submit his response by January 11, 2018. The government's reply will be due on February 1, 2018. The court will hold a forfeiture hearing on February 5, 2018 at 2 p.m. in Courtroom 6C South. Signed by Judge Kiyo A. Matsumoto on 1/8/2018. (Tata, Vivek)
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Filed: None, Entered: None |
Order |
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ORDER as to Evan Greebel. Due to a weather-related courthouse closure, the conference/hearing previously scheduled for 1 p.m. on January 4, 2018 will instead be held on Friday, January 5, 2018 at 11 a.m. in courtroom 6C South. Ordered by Judge Kiyo A. Matsumoto on 1/4/2018. (Tata, Vivek)
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508 |
Filed: 1/3/2018, Entered: 1/3/2018 |
1 - Sealed Document CR |
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Letter in response to the Government's Letter of January 2, 2018 regarding jury issues as to Evan Greebel (Dubin, Joshua)
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Request |
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507 |
Filed: 1/3/2018, Entered: 1/3/2018 |
Letter |
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Letter with further response to issues raised in December 29, 2017 conference call as to Evan Greebel (Kessler, David)
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Request |
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Filed: None, Entered: None |
Order |
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ORDER as to Evan Greebel. The court will hold a conference/hearing on January 4, 2018, in Courtroom 6C South at 1 p.m. Counsel shall notify the court as soon as possible if they will not be able to attend the hearing in person due to weather conditions, and in that event should be prepared to proceed telephonically. Ordered by Judge Kiyo A. Matsumoto on 1/3/2018. (Tata, Vivek)
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506 |
Filed: 1/2/2018, Entered: 1/2/2018 |
1 - Sealed Document CR |
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Letter responding to issues raised in December 29, 2017 conference call as to Evan Greebel (Dubin, Joshua)
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Request |
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505 |
Filed: 1/2/2018, Entered: 1/2/2018 |
1 - Sealed Document CR |
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Letter responding to issues raised in December 29, 2017 conference call as to Evan Greebel (Pitluck, David)
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Request |
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Filed: None, Entered: None |
Telephone Conference |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Telephone Conference as to Evan Greebel held on 12/29/2017. Appearances: Alixandra Smith, Esq., David Pitluck, Esq., and David Kessler, Esq., for the government; Reed Brodsky, Esq., Randy Mastro, Esq., and Joshua Dubin, Esq. for defendant Evan Greebel, also present. The court ordered supplemental briefing by January 2, 2018 at 6 p.m., with responses, if any, by January 3, 2018 at 2 p.m. Submissions should be filed under seal. (Court Reporter David Roy.) (Tata, Vivek) Modified on 1/2/2018 (Galeano, Sonia).
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504 |
Filed: 12/28/2017, Entered: 12/28/2017 |
Jury Notes |
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Jury Notes as to Evan Greebel, including court's responses. Marked as Court Exhibits 7, 8, 8A, 9, 10, 10A, 10B, and 11. (Tata, Vivek)
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Request |
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503 |
Filed: 12/28/2017, Entered: 12/28/2017 |
Exhibit |
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EXHIBIT LIST as to Evan Greebel. Marked as Court Exhibit 5. (Tata, Vivek)
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Request |
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502 |
Filed: 12/27/2017, Entered: 12/27/2017 |
jury verdict |
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JURY VERDICT as to Evan Greebel. (Tata, Vivek)
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Request |
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501 |
Filed: 12/27/2017, Entered: 12/27/2017 |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Jury Trial as to Evan Greebel held on 12/27/2017. AUSA Alixandra Smith, Esq. appeared for the government; Reed Brodsky, Esq., Randy Mastro, Esq., and Joshua Dubin, Esq. appeared with Mr. Greebel. All jurors were present. The jury deliberated and delivered a verdict. Defendant Evan Greebel found guilty on Counts 1 and 2. Jurors polled and dismissed. Defendant's post-trial motions shall be filed by February 7, 2018; the government shall file its opposition by March 7, 2018; and the defendant's reply is due by March 21, 2018. (Court Reporter David Roy.) (Tata, Vivek) Modified on 12/28/2017 (Galeano, Sonia).
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 |
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Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Jury Trial as to Evan Greebel held on 12/26/2017. AUSA Alixandra Smith, Esq. appeared for the government; Reed Brodsky, Esq., Randy Mastro, Esq., and Joshua Dubin, Esq. appeared with Mr. Greebel. All jurors were present; Juror #6, sitting in seat 4, was dismissed. Jurors deliberated; deliberations to be continued on 12/27/2017 at 9:00am. (Court Reporter Annette Montalvo.) (Tata, Vivek)
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 |
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500 |
Filed: 12/26/2017, Entered: 12/26/2017 |
Order |
|
Final Jury Instructions, marked Court Exhibit 6, as delivered by the court and distributed to the parties on December 22, 2017. Ordered by Judge Kiyo A. Matsumoto on 12/26/17. (Tata, Vivek)
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Request |
 |
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Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 12/22/2017. Case Called. All parties present. The defendant closed, and the government rebuttal case heard. The jury charged. Jury deliberations to be continued on 12/26/17 at 9:00a.m. in Courtroom 6 C South before Judge Matsumoto (Court Reporter Annette Montalvo.) (Williams-Jackson, Sandra)
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|
 |
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Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel continued on 12/21/2017. Case Called. All parties present. The defendant's closing arguments shall continue on 12/22/17 at 9:00a.m. in Courtroom 6 C South before Judge Matsumoto. (Court Reporter David Roy.) (Williams-Jackson, Sandra)
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 |
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Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 12/20/2017. Case Called. All parties present. Counsel gave their closing arguments which shall continue on 12/21/17 at 9:00a.m. in Courtroom 6 C South before Judge Matsumoto. (Court Reporter David Roy.) (Williams-Jackson, Sandra)
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 |
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499 |
Filed: 12/19/2017, Entered: 12/19/2017 |
Letter |
|
Letter to Court regarding summation argument as to Evan Greebel (Dubin, Joshua)
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Request |
 |
|
|
498 |
Filed: 12/19/2017, Entered: 12/19/2017 |
Order |
|
Final Jury Instructions, marked as Court Exhibit 4, and Verdict Sheet, marked as Court Exhibit 4A. Ordered by Judge Kiyo A. Matsumoto on 12/19/2017. (Tata, Vivek) (Main Document 498 replaced on 12/21/2017) (Williams-Jackson, Sandra).
|
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Request |
 |
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497 |
Filed: 12/19/2017, Entered: 12/19/2017 |
Order |
|
Proposed Jury Instructions, marked as Court Exhibit 3, and proposed Verdict Sheet, marked as Court Exhibit 3A. Ordered by Judge Kiyo A. Matsumoto on 12/19/2017. (Tata, Vivek)
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Request |
 |
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Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 12/19/2017. Case Called. All parties present. Witness testified and crossed. Exhibits entered and the defense rested. Jury trial shall continue on 12/20/17 at 9:00a.m. in Courtroom 6 C South before Judge Matsumoto. (Court Reporter David Roy.) (Williams-Jackson, Sandra)
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|
 |
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|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 12/18/2017. Case Called. All parties present. Witness testimony continued and exhibits entered. Jury trial to be continued on 12/19/17 at 10:30a.m. in Courtroom 6 C South before Judge Matsumoto. (Court Reporter David Roy.) (Williams-Jackson, Sandra)
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 |
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Filed: None, Entered: None |
order on motion in limine |
|
ORDER terminating the parties' motions in limine. As discussed during the October 6, 2017 final pre-trial conference, the court granted in part and denied in part certain of the parties' motions, and reserved ruling on the remainder. (Terminating ECF Nos. [328], [329], [330], [331], [332], [333], [334], [335], [336], [337], [338], [339], [340], [342], [383]). Ordered by Judge Kiyo A. Matsumoto on 12/18/2017. (Tata, Vivek)
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 |
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496 |
Filed: 12/17/2017, Entered: 12/17/2017 |
Letter |
|
Letter from both parties regarding Juror Issue as to Evan Greebel (Pitluck, David)
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Request |
 |
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Filed: None, Entered: None |
Order |
|
ORDER as to Evan Greebel. The juror seated in the #9 position, who was taken ill on Thursday afternoon, 12/14, and was unable to return to court on Friday, 12/15, has advised courtroom deputy Sandra Jackson this evening that she has been feeling too ill to leave her home except for a doctor's appointment, and is unlikely to be able to come to court tomorrow. The parties are ORDERED to advise the court no later than 7:30 p.m. this evening whether, as discussed on Friday, 12/15, they are willing to excuse Juror #9 and seat Alternate juror 1 in her place, so that the trial may continue on Monday 12/18. The court would like to notify the other jurors promptly regarding tomorrow's schedule, given that several are traveling up to two hours each way between their home and the courthouse in order to serve on the jury.Signed by Judge Kiyo A. Matsumoto on 12/17/2017. (Matsumoto, Kiyo)
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 |
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495 |
Filed: 12/16/2017, Entered: 12/16/2017 |
Letter |
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Letter re proposed jury instructions re: backdating and Steven Rosenfeld's consulting agreement as to Evan Greebel (Smith, Alixandra)
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|
Request |
 |
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494 |
Filed: 12/16/2017, Entered: 12/16/2017 |
Letter |
|
Letter to Court regarding jury instructions as to Evan Greebel (Chan, Winston)
|
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Request |
 |
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493 |
Filed: 12/15/2017, Entered: 12/15/2017 |
Letter |
|
Letter to the Hon. Matsumoto requesting to reset deadlines as to Martin Shkreli (Brafman, Benjamin)
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Request |
 |
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|
|
Filed: None, Entered: None |
Order |
|
ORDER as to Martin Shkreli re Defendant's Letter Request for Extension [493]. As requested by the defendant, Mr. Shkreli's response to the government's Forfeiture Motion [464] will be due on January 8, 2018 and the government will submit its reply on January 29, 2018. Mr. Shkreli's sentencing will be adjourned to February 21, 2018. Ordered by Judge Kiyo A. Matsumoto on 12/15/2017. (Tata, Vivek)
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 |
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491 |
Filed: 12/14/2017, Entered: 12/14/2017 |
1 - Sealed Document CR |
|
Letter re Rosenfeld Testimony (response to Dkt. No. 490) as to Evan Greebel (Smith, Alixandra)
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Request |
 |
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Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 12/14/2017. Case Called. All parties present. Witness sworn and testified. Exhibits entered. Jury trial to be continued on 12/15/17 at 9:00a.m. in Courtroom 6 C South before Judge Matsumoto. (Court Reporter Annette Montalvo.) (Williams-Jackson, Sandra)
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|
 |
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|
490 |
Filed: 12/13/2017, Entered: 12/13/2017 |
Letter |
|
Letter to Court regarding testimony of Dr. Rosenfeld as to Evan Greebel (Brodsky, Reed)
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|
Request |
 |
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|
489 |
Filed: 12/13/2017, Entered: 12/13/2017 |
Letter |
|
Letter to Court regarding government statements as to Evan Greebel (Brodsky, Reed)
|
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Request |
 |
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|
488 |
Filed: 12/13/2017, Entered: 12/13/2017 |
Letter |
|
Letter to Court regarding jury instructions as to Evan Greebel (Attachments: # (1) Exhibit A, # (2) Exhibit B) (Chan, Winston)
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Request |
 |
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487 |
Filed: 12/13/2017, Entered: 12/13/2017 |
Letter |
|
Letter responding to Court order re jury instructions as to Evan Greebel (Smith, Alixandra)
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Request |
 |
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|
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Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 12/13/2017. Case Called. All parties present. Witness sworn and testified. Exhibits entered. Jury trial to be continued on 12/14/17 at 9:00a.m. in Courtroom 6 C South before Judge Matsumoto. (Court Reporter Anthony Frisolone.) (Williams-Jackson, Sandra)
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|
 |
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|
485 |
Filed: 12/12/2017, Entered: 12/12/2017 |
Order |
|
Proposed Jury Instructions, marked as Court Exhibit 2. Ordered by Judge Kiyo A. Matsumoto on 12/12/2017. (Tata, Vivek)
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Request |
 |
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Filed: None, Entered: None |
Order |
|
ORDER as to Evan Greebel. By 12 p.m. on December 13, 2017, the parties shall advise the court if they have agreed to (1) provide a "clean" version of the Superseding Indictment to the jury, and include a charge reflecting the defendant's theory of the case in the court's jury instructions, or (2) rely on the court's instructions to advise the jury of the offenses charged in the superseding indictment and the summary of the defendant's theory of the case.In addition, also by 12 p.m. on December 13, 2017, the parties shall provide the court with any supplemental authority or jury charges regarding the following specific topics discussed during the charging conference on December 12, 2017: (1) the government's proposed revisions to the "Informal Agreements" charge; (2) authority for the defendant's position that the court's charges must identify all the alleged co-conspirators for Counts Seven and Eight of the Superseding Indictment (respectively referred to as Count One and Count Two for the purposes of the instructions); (3) the government's explanation of how the backdating alleged in Count Seven defrauded Retrophin; (4) authority for the defendant's position that, if the jurors unanimously agree that a conspiracy existed, they must also unanimously agree on the identity of the co-conspirators; and (5) the government's revised submission of an instruction relating to Mr. Shkreli's duty of loyalty. Any submissions on these topics must address, in good faith, the objections made by opposing counsel or the concerns raised by the court. Ordered by Judge Kiyo A. Matsumoto on 12/12/2017. (Tata, Vivek)
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|
 |
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484 |
Filed: 12/11/2017, Entered: 12/11/2017 |
Letter |
|
Letter with caselaw re: instruction on defense theory of the case as to Evan Greebel (Smith, Alixandra)
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|
Request |
 |
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|
483 |
Filed: 12/11/2017, Entered: 12/11/2017 |
Letter |
|
Letter on behalf of Retrophin addressed to the Honorable Kiyo A. Matsumoto as to Evan Greebel (Attachments: # (1) Exhibit A, # (2) Exhibit B) (Shapiro, Ian)
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|
Request |
 |
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|
482 |
Filed: 12/11/2017, Entered: 12/11/2017 |
Letter |
|
Letter to Court regarding draft jury instructions as to Evan Greebel (Chan, Winston)
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Request |
 |
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|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 12/11/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits entered. Jury trial to be continued on 12/12/17 at 9:00a.m. in Courtroom 6 C South before Judge Matsumoto. (Court Reporter Holly Driscoll.) (Williams-Jackson, Sandra)
|
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|
 |
|
|
481 |
Filed: 12/10/2017, Entered: 12/10/2017 |
Letter |
|
Letter to Court regarding defense witness list and documents as to Evan Greebel (Attachments: # (1) Exhibit) (Brodsky, Reed)
|
|
Request |
 |
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|
480 |
Filed: 12/9/2017, Entered: 12/9/2017 |
Proposed Jury Instructions/Verdict Form |
|
Proposed Jury Instructions/Verdict Form by Evan Greebel (Brodsky, Reed)
|
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Request |
 |
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|
479 |
Filed: 12/9/2017, Entered: 12/9/2017 |
Letter |
|
Letter responding to defendant's request re Superseding Indictment (Dkt. No. 473) as to Evan Greebel (Smith, Alixandra)
|
|
Request |
 |
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|
478 |
Filed: 12/8/2017, Entered: 12/8/2017 |
Order |
|
Proposed Jury Instructions, as circulated to the parties and marked as Court Exhibit 1. Ordered by Judge Kiyo A. Matsumoto on 12/8/2017. (Tata, Vivek)
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Request |
 |
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|
|
Filed: None, Entered: None |
Order |
|
ORDER as to Evan Greebel. Mr. Greebel has requested that the court "not allow the jury to receive a copy of the Superseding Indictment during its deliberations." (ECF No. [473] at 1.) By December 9, 2017 at 7:00 p.m., the government shall file a letter advising the court of its position on defendant's request. In addition, to avoid delay should the court deny defendant's request, the parties shall also confer, before December 11, 2017, on a mutually-acceptable, "'clean' version" of the Superseding Indictment that does not reference Counts One through Six. See United States v. Cirami, 510 F.2d 69, 74 (2d Cir. 1975) ("if a jury is permitted to see the indictment, and if any language of that indictment is...matter that a jury may properly be instructed to disregard, we think the preferable course is to prepare a retyped 'clean' version of the indictment, omitting the language to be disregarded without any indication of its omission."). The parties were ordered to submit their revised requests to charge by November 28, 2017. In their revised proposed charges (ECF No. [461]), the defense left a placeholder for an instruction on defendant's theory of the case. To avoid delay, the defense shall submit its proposed instruction for the court's review by December 9, 2017 at 7 p.m. Ordered by Judge Kiyo A. Matsumoto on 12/8/2017. (Tata, Vivek)
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|
 |
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|
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Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 12/8/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits entered and charging conference held. Jury trial to be continued on 12/11/17 at 9:00a.m. in Courtroom 6 C South before Judge Matsumoto. (Court Reporter Rivka Teich.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
477 |
Filed: 12/7/2017, Entered: 12/7/2017 |
Letter |
|
Letter responding to defendant's letter re hearsay (Dkt. No. 475) as to Evan Greebel (Smith, Alixandra)
|
|
Request |
 |
|
|
476 |
Filed: 12/7/2017, Entered: 12/7/2017 |
Letter |
|
Letter to Court as to Evan Greebel (Brodsky, Reed)
|
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Request |
 |
|
|
475 |
Filed: 12/7/2017, Entered: 12/7/2017 |
Letter |
|
Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re submission of case law as to Evan Greebel (Brodsky, Reed)
|
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Request |
 |
|
|
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|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 12/7/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial shall continue on 12/8/17 at 9:00a.m. in Courtroom 6 C South before Judge Matsumoto. (Court Reporter Rivka Teich.) (Williams-Jackson, Sandra)
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|
 |
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|
|
Filed: None, Entered: None |
Order |
|
ORDER as to Evan Greebel. The defense seeks to argue to the jury that defendant's post-arrest waiver of his rights to remain silent and to counsel are evidence of his "consciousness of innocence." Any defense briefing on this subject must be submitted by 7:00 p.m. on December 7, 2017. The brief shall not exceed 3 pages in length and shall focus on directing the court to binding Second Circuit and Supreme Court authority which supports defendant's position, and responding to authority cited by the government. In addition, a defense brief on this issue must address the court's concern that the defendant's proffered argument--that waiver of Miranda rights is highly probative of innocence--will not lead a juror to the converse, impermissible, inference that the same defendant's silence at trial is probative of guilt. Ordered by Judge Kiyo A. Matsumoto on 12/7/2017. (Tata, Vivek)
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|
 |
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|
|
Filed: None, Entered: None |
Order |
|
ORDER as to Evan Greebel. With regard to defendant's Rule 26.2 disclosures, filed ex parte (ECF No. 474), defense counsel is directed to provide the following disclosures by 9:30 a.m. on December 7, 2017: ECF No. 474 at 3: The question "Who controls freely trading shares" is redacted. The question should be disclosed in order to provide meaning to the answers that follow. ECF No. 474 at 8: The line "EG: in experiences on bank fraud cases, any attys as practicing attys" is redacted, but prompts the unredacted answers that follow ("chairman of board of S&L was practicing atty....") The question should be disclosed to provide necessary context.ECF No. 474 at 9, Legal opinion 2(a): Dean Ferruolo's opinion that "the law[]firm is sort of serving as the transfer agent and keeping the cap table. Make sure as much as its possible that records are being kept" should be disclosed.ECF No. 474 at 10: Questions 1. a) and b) should be disclosed to provide necessary context for the unredacted answers. Ordered by Judge Kiyo A. Matsumoto on 12/7/2017. (Tata, Vivek)
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|
|
 |
|
|
474 |
Filed: 12/6/2017, Entered: 12/6/2017 |
Letter |
|
Letter to Court ex parte regarding 26.2 materials as to Evan Greebel (Chan, Winston)
|
|
Request |
 |
|
|
473 |
Filed: 12/6/2017, Entered: 12/6/2017 |
Letter |
|
Letter re: Superseding Indictment as to Evan Greebel (Brodsky, Reed)
|
|
Request |
 |
|
|
472 |
Filed: 12/6/2017, Entered: 12/6/2017 |
Letter |
|
Letter re Admissibility of Defendant's Miranda Waiver as to Evan Greebel (Smith, Alixandra)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 12/6/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Defense made a Rule 29 motion. Court reserved decision. The government rested. The Defense case begins. Jury Trial to be continued on 12/7/17 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Rivka Teich.) (Williams-Jackson, Sandra)
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|
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 12/5/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial shall continue on 12/6/17 at 9:00a.m. in Courtroom 6 C South before Judge Matsumoto. (Court Reporter Rivka Teich.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
471 |
Filed: 12/4/2017, Entered: 12/4/2017 |
Letter |
|
Letter to Court regarding supplemental expert disclosure as to Evan Greebel (Chan, Winston)
|
|
Request |
 |
|
|
470 |
Filed: 12/4/2017, Entered: 12/4/2017 |
Letter |
|
Letter re: Rebuttal Expert Disclosures as to Evan Greebel (Kessler, David)
|
|
Request |
 |
|
|
469 |
Filed: 12/4/2017, Entered: 12/4/2017 |
1 - Exparte Document CR |
|
Letter to Court (in camera) regarding 26.2 material as to Evan Greebel (Attachments: # (1) Exhibit, # (2) Exhibit) (Chan, Winston)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 12/4/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial shall continue on 12/5/17 at 9:00a.m. in Courtroom 6 C South before Judge Matsumoto. (Court Reporter Rivka Teich.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
468 |
Filed: 12/3/2017, Entered: 12/3/2017 |
Letter |
|
Letter to Court regarding proposed redactions to Rosenfeld arbitration award as to Evan Greebel (Attachments: # (1) Exhibit) (Brodsky, Reed)
|
|
Request |
 |
|
|
467 |
Filed: 12/3/2017, Entered: 12/3/2017 |
Letter |
|
Letter to Court regarding documents in response to Court's December 1, 2017 Order as to Evan Greebel (Brodsky, Reed)
|
|
Request |
 |
|
|
466 |
Filed: 12/2/2017, Entered: 12/2/2017 |
Letter |
|
Letter to Court in response to Court's December 1, 2017 Order regarding expert witnesses as to Evan Greebel (Attachments: # (1) Exhibit) (Chan, Winston)
|
|
Request |
 |
|
|
465 |
Filed: 12/2/2017, Entered: 12/2/2017 |
Letter |
|
Letter to Court regarding documents in response to Court's December 1, 2017 Order as to Evan Greebel (Brodsky, Reed)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Order |
|
ORDER as to Evan Greebel. Defense counsel has advised the government and the court that defendant may choose to present a case-in-chief. The court is also in receipt of defendant's letter-motion [462] to compel the government to provide supplemental disclosures for its potential rebuttal experts. The government has argued that it is not yet clear which, if any, experts the defense may choose to call, and that defense experts may offer different testimony than previously disclosed. (See ECF No. [463].) The court recognizes the difficulty all defendants face in deciding whether or not to present a case. Nonetheless, given the number of witnesses proposed (as of November 30, 2017, 20 fact and 6 expert witnesses) and the number of documents subpoenaed but not yet disclosed to the government, the court orders as follows:(1) By no later than December 2, 2017 at 11 a.m., defense counsel shall advise the government of the first five witnesses defendant will call if he presents a case.(2) With regard to the government's oral motion to preclude documents obtained through two November 28, 2017 Rule 17(c) subpoenas served on Katten and Retrophin, the court orders that, by no later than December 2, 2017 at 1 p.m., defendant shall provide the government with copies of all documents in his possession, custody, or control which he intends to use in his case-in-chief, notwithstanding any evidentiary or authentication objections defense counsel anticipates the government may make to such documents. See Fed. R. Crim. P. 16(b). Failure to comply with this order may result in the court granting the government's motion to preclude the use of any such documents, regardless of whether these documents are also produced by an alternate source pursuant to a Rule 17(c) subpoena. Fed. R. Crim. P. 16(d)(2); see United States v. Levin, No. 15 CR. 101 (KBF), 2016 WL 299031, at *7 (S.D.N.Y. Jan. 25, 2016) (citing, inter alia, United States v. Weiss, 930 F.2d 185, 199 (2d Cir. 1991)) ("A failure to comply with disclosure obligations can result in preclusion or another order that is just under the circumstances. Fed. R. Crim. P. 16(d)(2). Courts in this Circuit have upheld preclusion on an appropriately developed record for Rule 16(b) failures."). (3) By no later than December 2, 2017 at 5 p.m., the defense shall advise the court and the government of its final anticipated expert witness list, the opinions of these experts if different than previously disclosed, and, if necessary, any associated supplemental disclosures. Within 48 hours of such disclosure, the government shall provide defendant with supplemental disclosures regarding the expert witnesses it may call in rebuttal (see Government's November 28, 2017 letter, filed as ECF No. 462-1), including summaries of their expected testimony and disclosures of the bases of such testimony. The court will address pending government objections to defense expert witnesses following receipt of the defendant's finalized expert disclosures.(4) By December 3, 2017 at 5 p.m., the parties shall jointly advise the court of the status of any outstanding Rule 17(c) subpoenas. Ordered by Judge Kiyo A. Matsumoto on 12/1/2017. (Tata, Vivek)
|
|
|
 |
|
|
464 |
Filed: 11/30/2017, Entered: 11/30/2017, Terminated: 3/5/2018 |
Motion for Forfeiture of Property |
|
MOTION for Forfeiture of Property by USA as to Martin Shkreli. (Attachments: # (1) Exhibit Summary Charts Exhibits A and B, # (2) Declaration Declaration in Support of Forfeiture of Substitute Assets 21 U.S.C. sec. 853(p), # (3) Proposed Order proposed Preliminary Order of Forfeiture) (Kedeshian, Claire)
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|
|
 |
|
|
463 |
Filed: 11/30/2017, Entered: 11/30/2017 |
Letter |
|
Letter responding to defendant's filing re rebuttal expert disclosures (Dkt. No. 462) as to Evan Greebel (Attachments: # (1) Exhibit A) (Smith, Alixandra)
|
|
Request |
 |
|
|
462 |
Filed: 11/30/2017, Entered: 11/30/2017 |
Letter |
|
Letter to Court regarding the government's rebuttal expert disclosures as to Evan Greebel (Attachments: # (1) Govt's Nov. 28 Letter, # (2) Govt's Sept. 7 Letter) (Chan, Winston)
|
|
Request |
 |
|
|
461 |
Filed: 11/28/2017, Entered: 11/28/2017 |
Letter |
|
Letter to Court regarding Mr. Greebel's Proposed Jury Instructions as to Evan Greebel (Attachments: # (1) Attachment 1, # (2) Attachment 2) (Brodsky, Reed)
|
|
Request |
 |
|
|
460 |
Filed: 11/28/2017, Entered: 11/28/2017 |
Letter |
|
Letter re: revised Requests to Charge as to Evan Greebel (Attachments: # (1) Exhibit A, # (2) Exhibit B) (Kessler, David)
|
|
Request |
 |
|
|
459 |
Filed: 11/28/2017, Entered: 11/28/2017 |
Letter |
|
Letter re: Rule 17 subpoenas [Corrected Dkt. 458] as to Evan Greebel (Kessler, David)
|
|
Request |
 |
|
|
458 |
Filed: 11/28/2017, Entered: 11/28/2017 |
Letter |
|
Letter re: Rule 17 subpoenas as to Evan Greebel (Kessler, David)
|
|
Request |
 |
|
|
457 |
Filed: 11/28/2017, Entered: 11/28/2017 |
Letter |
|
Letter to Court regarding Rule 17 subpoenas as to Evan Greebel (Attachments: # (1) Exhibit Ex. A) (Brodsky, Reed)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Jury Trial as to Evan Greebel held on 11/28/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial shall continue on 12/4/17 at 9:00a.m. in Courtroom 6 C South before Judge Matsumoto. (Court Reporter Lisa Schmid.) (Tata, Vivek)
|
|
|
 |
|
|
456 |
Filed: 11/27/2017, Entered: 11/27/2017 |
Letter |
|
Letter re: Rule 801(d)(2)(E) as to Evan Greebel (Kessler, David)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel continued on 11/27/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial shall continue on 11/28/17 at 9:00a.m. in Courtroom 6 C South before Judge Matsumoto. (Court Reporter Lisa Schmid.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
455 |
Filed: 11/26/2017, Entered: 11/26/2017 |
Letter |
|
Letter to Court regarding inadmissibility of statements by M. Panoff and others under Rule 801(d)(2)(E) as to Evan Greebel (Brodsky, Reed)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 11/22/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial shall continue on 11/27/17 at 9:00a.m. in Courtroom 6 C South before Judge Matsumoto. (Court Reporter Michelle Lucchesse.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
454 |
Filed: 11/21/2017, Entered: 11/21/2017 |
Letter |
|
Letter response to the government's post-hearing brief (dkt. 451) to preclude testimony of Alan Johnson as to Evan Greebel (Chan, Winston)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 11/21/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Juror #1 was excused. Jury trial shall continue on 11/22/17 at 9:00a.m. in Courtroom 6 C South before Judge Matsumoto. (Court Reporter Michelle Lucchesse.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
453 |
Filed: 11/20/2017, Entered: 11/20/2017 |
Letter |
|
Letter to Court regarding document and Rule 901 as to Evan Greebel (Brodsky, Reed)
|
|
Request |
 |
|
|
452 |
Filed: 11/20/2017, Entered: 11/20/2017 |
Letter |
|
Letter re: Source of Document and Rule 901 as to Evan Greebel (Kessler, David)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Jury Trial as to Evan Greebel held on 11/20/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jurors 2 and 18 were excused. The court directed that any briefing concerning the authenticity of proffered defense exhibit 120-57 be submitted by 8:00 p.m. on November 20, 2017. The court also reminds counsel that, as discussed on November 15, 2017, any additional submissions for jury instructions in this case must be submitted by no later than November 28, 2017. Jury Trial to continue on November 21, 2017 at 8:45 a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Michele Lucchese.) (Tata, Vivek)
|
|
|
 |
|
|
451 |
Filed: 11/18/2017, Entered: 11/18/2017 |
Letter |
|
Letter re: Post-Hearing Brief to Preclude Testimony of Alan Johnson as to Evan Greebel (Kessler, David)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 11/17/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jury Trial to continue on November 20, 2017 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto (Court Reporter Charleane Heading.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 11/16/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jury Trial to continue on November 17, 2017 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto (Court Reporter Charleane Heading.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel Continued on 11/15/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jury Trial to continue on November 16, 2017 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto(Court Reporter Charleane Heading.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Daubert Hearing |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Daubert Hearing regarding proposed defense expert Alan Johnson held on 11/14/2017. The parties examined Mr. Johnson and will make supplemental submissions to the court regarding his proposed testimony. (Court Reporter Charleane Heading.) (Tata, Vivek)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel Continued on 11/14/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jury Trial to continue on November 15, 2017 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto (Court Reporter Anthony Manuso.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
492 |
Filed: 11/13/2017, Entered: 12/14/2017 |
CJA 20 Appointment |
|
CJA Appointment: John M. Burke as to Jackson Su. Ordered by Judge Kiyo A. Matsumoto on 11/13/2017. (Williams-Jackson, Sandra)
|
|
Request |
 |
|
|
450 |
Filed: 11/13/2017, Entered: 11/13/2017 |
Letter |
|
Letter responding to defendant's letter at Dkt. No. 449 as to Evan Greebel (Smith, Alixandra)
|
|
Request |
 |
|
|
449 |
Filed: 11/13/2017, Entered: 11/13/2017 |
Letter |
|
Letter to Court regarding testimony of government witness JS as to Evan Greebel (Brodsky, Reed)
|
|
Request |
 |
|
|
448 |
Filed: 11/13/2017, Entered: 11/13/2017 |
Letter |
|
Letter to the Unites States regarding supplemental expert disclosure of testimony by Alan Johnson as to Evan Greebel (Attachments: # (1) Exhibit Exhibit C) (Chan, Winston)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel Continued on 11/13/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jury Trial to continue on November 14, 2017 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto (Court Reporter Charleane Heading.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
447 |
Filed: 11/12/2017, Entered: 11/12/2017 |
Letter |
|
Letter Attachment A to letter filed at dkt. no. 446 as to Evan Greebel (Brodsky, Reed)
|
|
Request |
 |
|
|
446 |
Filed: 11/12/2017, Entered: 11/12/2017 |
Letter |
|
Letter to Court regarding documents received pursuant to Rule 17 subpoena as to Evan Greebel (Brodsky, Reed)
|
|
Request |
 |
|
|
445 |
Filed: 11/11/2017, Entered: 11/11/2017 |
Letter |
|
Letter in response to defendant Evan Greebel's letter re: cross-examination filed at Dkt. No. 441 as to Evan Greebel (Smith, Alixandra)
|
|
Request |
 |
|
|
443 |
Filed: 11/10/2017, Entered: 11/10/2017 |
Letter |
|
Letter to Court regarding phone-company subpoenas as to Evan Greebel (Attachments: # (1) Verizon subpoena) (Brodsky, Reed)
|
|
Request |
 |
|
|
442 |
Filed: 11/9/2017, Entered: 11/9/2017 |
Letter |
|
Letter regarding witness testimony as to Evan Greebel (Brodsky, Reed)
|
|
Request |
 |
|
|
441 |
Filed: 11/9/2017, Entered: 11/9/2017 |
Letter |
|
Letter (correction of dkt. 440) to Court regarding the government's objections to cross-examination questions as to Evan Greebel (Dubin, Joshua)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Order |
|
ORDER as to Evan Greebel. The government shall respond to Mr. Greebel's [441] letter regarding the goverment's objections during cross examination by November 11, 2017 at 5:00 p.m. Ordered by Judge Kiyo A. Matsumoto on 11/9/2017. (Tata, Vivek)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial continued as to Evan Greebel on 11/9/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jury Trial shall continue on November 13, 2017 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Anthony Mancuso.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
440 |
Filed: 11/8/2017, Entered: 11/8/2017 |
Letter |
|
Letter to Court regarding the government's objections to cross-examination questions as to Evan Greebel (Dubin, Joshua)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial continued as to Evan Greebel on 11/8/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jury Trial shall continue on November 9, 2017 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Anthony Mancuso.) (Court Reporter Anthony Mancuso.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial continued as to Evan Greebel on 11/7/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jury Trial shall continue on November 8, 2017 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Anthony Mancuso.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
439 |
Filed: 11/6/2017, Entered: 11/6/2017 |
Letter |
|
Letter to Court regarding documents received pursuant to Rule 17 subpoena as to Evan Greebel (Brodsky, Reed)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel Continued on 11/6/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jury Trial shall continue on November 7, 2017 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Anthony Mancuso.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
438 |
Filed: 11/5/2017, Entered: 11/5/2017 |
Response In Opposition |
|
RESPONSE in Opposition re [431] MOTION to Exclude Evidence Related to Rule 17 Subpoenas by Evan Greebel (Brodsky, Reed)
|
|
Request |
 |
|
|
437 |
Filed: 11/4/2017, Entered: 11/4/2017 |
Letter |
|
Letter in opposition to defendant's motion to "elicit testimony about settlement payments" [Dkt. No. 436] as to Evan Greebel (Kessler, David)
|
|
Request |
 |
|
|
436 |
Filed: 11/2/2017, Entered: 11/2/2017 |
Letter |
|
Letter to Court regarding eliciting testimony about settlement payments as to Evan Greebel (Brodsky, Reed)
|
|
Request |
 |
|
|
435 |
Filed: 11/2/2017, Entered: 11/2/2017 |
Letter |
|
Letter to the Hon. Kiyo Matsumoto from Randy M. Mastro re requested briefing as to Evan Greebel (Mastro, Randy)
|
|
Request |
 |
|
|
434 |
Filed: 11/2/2017, Entered: 11/2/2017 |
Letter |
|
Letter re: FRE 803(6) as to Evan Greebel (Kessler, David)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel Continued on 11/2/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jury Trial shall continue on November 6, 2017 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto (Court Reporter Linda Danelczyk.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel Continued on 11/1/2017. Case Called. All parties present. Witnesses sworn and testified. Exhibits marked and entered. Jury Trial shall continue on November 2, 2017 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto.(Court Reporter Linda Danelczyk.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
433 |
Filed: 10/31/2017, Entered: 10/31/2017 |
Letter |
|
Letter to the United States regarding documents received pursuant to Rule 17(c) subpoenas as to Evan Greebel (Brodsky, Reed)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial Continued as to Evan Greebel on 10/31/2017. Case Called. All parties were present. Witnesses sworn and testified. Exhibits marked and entered. Jury Trial to be continued on November 1, 2017 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Linda Danelczyk.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 10/30/2017. Mr. Richardson's cross examination continued. Exhibits were marked and entered. Jury Trial to be continued on October 31, 2017 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Linda Danelczyk.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Scheduling Order |
|
SCHEDULING ORDER as to Evan Greebel: A Dubert Hearing has been scheduled for November 14, 2017 at 5:00p.m. in Courtroom 6 South before Judge Matsumoto. Ordered by Judge Kiyo A. Matsumoto on 10/30/2017. (Williams-Jackson, Sandra)
|
|
|
 |
|
|
432 |
Filed: 10/29/2017, Entered: 10/29/2017 |
Letter |
|
Letter in response to the government's October 24, 2017 letter (filed under seal) as to Evan Greebel (Mastro, Randy)
|
|
|
 |
|
|
431 |
Filed: 10/28/2017, Entered: 10/28/2017 |
Motion to exclude |
|
MOTION to Exclude Evidence Related to Rule 17 Subpoenas by USA as to Evan Greebel. (Kessler, David)
|
|
Request |
 |
|
|
430 |
Filed: 10/27/2017, Entered: 10/27/2017 |
Letter |
|
Letter re Trial Schedule as to Evan Greebel (Smith, Alixandra)
|
|
Request |
 |
|
|
429 |
Filed: 10/26/2017, Entered: 10/26/2017 |
Response In Opposition |
|
RESPONSE in Opposition re [383] MOTION for Hearing , to preclude experts and for supplemental expert disclosures as to Alan Johnson (Chan, Winston)
|
|
Request |
 |
|
|
428 |
Filed: 10/26/2017, Entered: 10/26/2017 |
Letter |
|
Letter withdrawing motion to quash as to Evan Greebel (McHale, James)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Scheduling Order |
|
ORDER as to Martin Shkreli. As [421] proposed by the parties, the government will file its forfeiture submission by November 30, 2017; the defendant will file his response by December 18, 2017; and the government will file its reply, if any, by January 9, 2018. Ordered by Judge Kiyo A. Matsumoto on 10/26/2017. (Tata, Vivek)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Order on Motion To Quash |
|
ORDER terminating [417] Motion to Quash in light of non-party Securities and Exchange Commission's [428] letter request to withdraw the motion. Ordered by Judge Kiyo A. Matsumoto on 10/26/2017. (Tata, Vivek)
|
|
|
 |
|
|
427 |
Filed: 10/25/2017, Entered: 10/25/2017 |
Letter |
|
Letter re response to trial evidence offered by the Government (October 9, 2017) as to Evan Greebel (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D) (Kessler, David)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial Continued as to Evan Greebel on 10/25/2017. Case Called. All parties were present. Govt witness: Steven Richardson's testimony continued and crossed. Exhibits marked and entered. Jury Trial to be continued on October 30, 2017 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Victoria Butler.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
426 |
Filed: 10/24/2017, Entered: 10/24/2017 |
Letter |
|
Letter as to Evan Greebel (Brodsky, Reed)
|
|
Request |
 |
|
|
425 |
Filed: 10/24/2017, Entered: 10/24/2017 |
Letter |
|
Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re response to the Government's October 9, 2017 letter (October 12, 2017) as to Evan Greebel (Attachments: # (1) Exhibit A) (Brodsky, Reed)
|
|
Request |
 |
|
|
424 |
Filed: 10/24/2017, Entered: 10/24/2017 |
Letter |
|
Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re response to trial evidence offered by the Government (October 3, 2017) as to Evan Greebel (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C) (Brodsky, Reed)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial Continued as to Evan Greebel on 10/24/2017. Case Called. All parties were present. Witnesses sworn and testified. Exhibits marked and entered. Jury Trial to be continued on October 25, 2017 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Stacy Mace.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
422 |
Filed: 10/23/2017, Entered: 10/23/2017 |
Response In Support |
|
RESPONSE in Support re [383] MOTION for Hearing , to preclude experts and for supplemental expert disclosures as to Alan Johnson (Kessler, David)
|
|
Request |
 |
|
|
421 |
Filed: 10/23/2017, Entered: 10/23/2017 |
Letter |
|
Letter jointly proposing forfeiture briefing schedule as to Martin Shkreli (Kedeshian, Claire)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial continued as to Evan Greebel on 10/23/2017. Case Called. All parties were present. Witnesses sworn and testified. Exhibits marked and entered. Jury Trial to be continued on October 24, 2017 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Richard Barry.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
420 |
Filed: 10/20/2017, Entered: 10/20/2017 |
Letter |
|
Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re Rule 17(c) Documents as to Evan Greebel (Brodsky, Reed)
|
|
Request |
 |
|
|
419 |
Filed: 10/20/2017, Entered: 10/20/2017 |
Reply to Response |
|
REPLY TO RESPONSE to Motion re [363] MOTION for Acquittal (Brafman, Benjamin)
|
|
Request |
 |
|
|
418 |
Filed: 10/20/2017, Entered: 10/20/2017 |
Notice - Other |
|
NOTICE OF ATTORNEY APPEARANCE: James M. McHale appearing for movant, Securities and Exchange Commission. (Tavarez, Jennifer)
|
|
Request |
 |
|
|
417 |
Filed: 10/20/2017, Entered: 10/20/2017, Terminated: 10/26/2017 |
motion to quash |
|
MOTION to Quash Subpoena of Defendant Greebel by Securities and Exchange Commission as to Evan Greebel. (McHale, James)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 10/20/2017. Case Called. All parties were present. Jury panel was sworn. Opening statements were heard from both sides. Witness testified and exhibits marked and entered. Jury Trial to be continued on October 23, 2017 at 9AM in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Victoria Butler.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
416 |
Filed: 10/19/2017, Entered: 10/19/2017 |
Letter |
|
Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re Rule 17(c) Documents as to Evan Greebel (Brodsky, Reed)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Selection |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Selection as to Evan Greebel continued on 10/19/2017. Case Called. All parties present. Mr. Greebel present. The Court conducted the Voir Dire and the Jury Panel selected. Jury trial to begin on 10/20/2017 at 9:00a.m. in Courtroom 6C South. (Court Reporter Victoria Butler.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Order on Motion to Release Bond Obligation |
|
ORDER denying [375] Motion to Release Bond Obligation as to Martin Shkreli. Pursuant to 28 United States Code Section 2044, "[t]he court shall not release any money deposited for bond purposes after...a verdict of the defendant's guilt has been entered and before sentencing except upon a showing that an assessment, fine, restitution or penalty cannot be imposed for the offense the defendant committed or that the defendant would suffer an undue hardship." The court has not yet determined whether a fine, restitution, or penalty will be imposed on Mr. Shkreli, but Mr. Shkreli has not established that a fine, restitution, or penalty cannot be imposed for the offenses of which he was convicted. With regard to Mr. Shkreli's claim that he will suffer an "undue hardship," the court notes that he has not completed a sworn financial affidavit. Based on Mr. Shkreli's limited submissions, the court concludes that Mr. Shkreli will not suffer an "undue hardship" by the retention of his bond. The parties are respectfully directed to confer, and to file a letter advising the court of how they wish to proceed with regards to a forfeiture hearing, by October 24, 2017. Ordered by Judge Kiyo A. Matsumoto on 10/19/2017. (Tata, Vivek)
|
|
|
 |
|
|
415 |
Filed: 10/18/2017, Entered: 10/18/2017 |
Letter |
|
Letter re: Motion to Release Bond Obligation (Dkt. No. 375) as to Martin Shkreli (Brafman, Benjamin)
|
|
Request |
 |
|
|
414 |
Filed: 10/18/2017, Entered: 10/18/2017 |
Order |
|
ORDER for Electronic Devices as to Evan Greebel. SO Ordered by Judge Kiyo A. Matsumoto on 10/17/2017. (See Order for details) (Tavarez, Jennifer)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Selection |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Selection as to Evan Greebel continued on 10/17/2017. Case Called. All parties present. Mr. Greebel present. Jury Selection to be continued on 10/19/2017 at 1:00p.m. in Courtroom 6C South. (Court Reporter Victoria Butler.) (Williams-Jackson, Sandra)
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Filed: None, Entered: None |
Jury Selection |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Selection as to Evan Greebel continue on 10/17/2017.Case Called. All parties present. Mr. Greebel present. Jury Selection to be continued on 10/18/2017 at 9:00a.m. in Courtroom 6C South. (Court Reporter Victoria Butler.) (Williams-Jackson, Sandra)
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413 |
Filed: 10/16/2017, Entered: 10/16/2017 |
Letter |
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Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re proposed order for electronic devices as to Evan Greebel (Attachments: # (1) Proposed Order) (Brodsky, Reed)
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Request |
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412 |
Filed: 10/16/2017, Entered: 10/16/2017 |
Letter |
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Letter responding to defendant's motion to preclude government arguments as to Evan Greebel (Pitluck, David)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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411 |
Filed: 10/16/2017, Entered: 10/16/2017 |
Letter |
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Letter Response to Defendant's Motion to Introduce Evidence of Prior Trial, Dkt No 409 as to Evan Greebel (Kessler, David)
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Request |
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410 |
Filed: 10/16/2017, Entered: 10/16/2017 |
Letter |
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Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re documents required pursuant to Federal Rule of Criminal Procedure 17(c) as to Evan Greebel (Attachments: # (1) Exhibit A) (Brodsky, Reed)
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Request |
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Filed: None, Entered: None |
Jury Selection |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Selection as to Evan Greebel held on 10/16/2017. Case Called. All parties present. Mr. Greebel present. Jury Selection to be continued on 10/17/2017 at 9:00a.m. in Courtroom 6C South. (Court Reporter Victoria Butler.) (Williams-Jackson, Sandra)
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409 |
Filed: 10/15/2017, Entered: 10/15/2017 |
Letter |
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Letter to the Hon. Kiyo Matsumoto from Randy M. Mastro re Shkreli Acquittal as to Evan Greebel (Attachments: # (1) Exhibit A) (Mastro, Randy)
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Request |
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408 |
Filed: 10/15/2017, Entered: 10/15/2017 |
Letter |
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Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re request to preclude the Government from advancing new theory as to Evan Greebel (Attachments: # (1) Exhibit A) (Brodsky, Reed)
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Request |
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407 |
Filed: 10/14/2017, Entered: 10/14/2017 |
Letter |
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Letter responding to defendant's letter (DE 404) as to Evan Greebel (Pitluck, David)
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Request |
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406 |
Filed: 10/14/2017, Entered: 10/14/2017 |
Letter |
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Letter regarding pre-trial issues in response to DE 403 as to Evan Greebel (Pitluck, David)
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Request |
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405 |
Filed: 10/13/2017, Entered: 10/14/2017 |
Letter |
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Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re additional information requested by the Government as to Evan Greebel (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D) (Chan, Winston)
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Request |
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404 |
Filed: 10/13/2017, Entered: 10/13/2017 |
Letter |
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Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re issues introduced by the Government as to Evan Greebel (Attachments: # (1) Declaration of Professor Michael S. Frisch) (Brodsky, Reed)
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Request |
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403 |
Filed: 10/13/2017, Entered: 10/13/2017 |
Letter |
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Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re time sensitive pretrial issues as to Evan Greebel (Brodsky, Reed)
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Request |
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402 |
Filed: 10/13/2017, Entered: 10/13/2017 |
Order on Motion to Dismiss |
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ORDER denying [326] Motion to Dismiss as to Evan Greebel. For the reasons stated in the attached Memorandum and Order, the court denies Mr. Greebel's motion to dismiss Count Seven of the Superseding Indictment. Ordered by Judge Kiyo A. Matsumoto on 10/13/2017. (Tata, Vivek)
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Request |
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Filed: None, Entered: None |
Order |
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ORDER as to Evan Greebel. The court is in receipt of two defense letter-motions, submitted via email to chambers on October 13, 2017. The parties are advised that the practice of emailing motions to the court must cease, and that motions must be filed on the docket unless advance permission has been granted by the court. The court will not consider these motions unless the defense resubmits them on ECF by October 14, 2017 at 10 a.m. The government may submit a response by 4 p.m. on the same day. Ordered by Judge Kiyo A. Matsumoto on 10/13/2017. (Tata, Vivek)
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401 |
Filed: 10/11/2017, Entered: 10/11/2017 |
Letter |
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Letter , pursuant to the Court's minute order, to provide additional information requested by the Government (DKt. No. 390) as to Evan Greebel (Chan, Winston)
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Request |
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400 |
Filed: 10/11/2017, Entered: 10/11/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Evan Greebel held on 10/06/2017, before Judge Kiyo A. Matsumoto. Court Reporter/Transcriber V. Torres-Butler. Email address: VButlerRPR@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/1/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/9/2018. (Torres-Butler, Victoria)
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Request |
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399 |
Filed: 10/9/2017, Entered: 10/9/2017 |
Letter |
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Letter to the Hon. Kiyo Matsumoto from Joshua Dubin re jury questionnaire as to Evan Greebel (Attachments: # (1) Exhibit A - Jury Questionnaire) (Dubin, Joshua)
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Request |
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398 |
Filed: 10/9/2017, Entered: 10/9/2017, Terminated: 10/9/2017 |
Motion for Extension of Time to File Response/Reply |
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MOTION for Extension of Time to File Response/Reply as to [397] Response in Opposition by Martin Shkreli. (Brafman, Benjamin)
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Request |
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Filed: None, Entered: None |
Order on motion for extension of time to file Response/Reply |
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ORDER granting [398] Motion for Extension of Time to File Response/Reply as to Martin Shkreli. Mr. Shkreli may file his reply to the government's opposition to his motion for acquittal by October 20, 2017. Ordered by Judge Kiyo A. Matsumoto on 10/9/2017. (Tata, Vivek)
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397 |
Filed: 10/7/2017, Entered: 10/7/2017 |
Response In Opposition |
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RESPONSE in Opposition re [363] MOTION for Acquittal (Smith, Alixandra)
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Request |
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396 |
Filed: 10/6/2017, Entered: 10/6/2017 |
Letter |
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Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re courtroom technology as to Evan Greebel (Brodsky, Reed)
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Request |
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Filed: None, Entered: None |
Pretrial Conference |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pretrial Conference as to Evan Greebel held on 10/6/2017. The court will address Mr. Greebel's motion to dismiss Count Seven in an order to follow. The court granted in part and denied in part Mr. Greebel's motion and the government's cross-motion regarding the Rosenfeld and Koestler arbitrations; denied Mr. Greebel's motion to admit certain statements of Martin Shkreli; denied Mr. Greebel's motion to preclude evidence of Mr. Shkreli's threats to Mr. Pierroti, and granted the government's cross-motion; denied Mr. Greebel's motion to preclude evidence of his compensation at Katten and Katten's fees; granted Mr. Greebel's motion for a questionnaire and instructed the parties to submit a joint revised questionnaire; deferred ruling on Mr. Greebel's motion to introduce certain statements made by government attorneys; denied Mr. Greebel's motion to preclude certain testimony of Jackson Su, Stephen Aselage, Corey Massella, and Timothy Pierotti; denied Mr. Greebel's motion to preclude the government from asserting that Mr. Shkreli had personal liability for MSMB losses; denied Mr. Greebel's motion to preclude the government from alleging additional co-conspirators and for a pre-trial hearing as to the admissibility of co-conspirator statements; granted Mr. Greebel's motion to preclude argument that outside auditors determined settlement agreements were "improper"; reserved ruling on Mr. Greebel's motion to preclude admission of government exhibit 242; denied Mr. Greebel's motions for in camera review of legal instructions to the grand jury, to preclude use of discovery obtained by post-superseding indictment grand jury subpoenas, and for copies of grand jury subpoenas; advised that Mr. Pierroti must avoid gratuitous remarks; denied Mr. Greebel's motion to preclude the testimony of Ms. Oremland; reserved ruling on Mr. Greebel's motion to preclude the government from introducing evidence relating to MSMB Capital and Healthcare; reserved ruling on the government's motion to admit certain post-arrest statements of Mr. Greebel; reserved ruling the government's motion to preclude Mr. Greebel from testifying about his review of evidence in the case; denied as moot the government's motion to preclude Mr. Greebel from introducing evidence that Mr. Shkreli lied to others, based on Mr. Greebel's agreement not to make propensity-based argument; ruled that if the government introduces evidence of Mr. Greebel's post-arrest statements and the defendant makes arguments or introduces evidence regarding the conditions of arrest, the tape of the post-arrest interview may be introduced with appropriate redaction; denied the government's motion to preclude evidence of Mr. Greebel's background; set a date certain for Mr. Greebel to produce documents he intends to admit in his case in chief; granted the government's motion to preclude defense counsel from referring to themselves as former federal prosecutors; denied the government's motion to preclude Mr. Brodsky from cross-examining Mr. Pierroti; granted the government's motion to preclude testimony from Mr. Garner and Mr. Dooley, and ordered that Mr. Greebel provide certain information requested in the government's [390] October 4, 2017 letter by October 11, 2017 (Ferruolo, Klein, Minkoff, Smith) and October 13, 2017 (Lewis, Johnson, Ferrante). The court emphasized that it expects that the parties will adhere to court-ordered deadlines, and that it may not consider late-filed motions. (Court Reporter Victoria Butler.) (Tata, Vivek)
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395 |
Filed: 10/5/2017, Entered: 10/5/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 06/30/2017, before Judge Kiyo M. Matsumoto. Court Reporter/Transcriber Michele Lucchese, Telephone number 718-613-2272. Email address: MLuccheseEDNY@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/26/2017. Redacted Transcript Deadline set for 11/6/2017. Release of Transcript Restriction set for 1/3/2018. (Lucchese, Michele)
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Request |
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394 |
Filed: 10/5/2017, Entered: 10/5/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 06/29/2017, before Judge Kiyo M. Matsumoto. Court Reporter/Transcriber Michele Lucchese, Telephone number 718-613-2272. Email address: MLuccheseEDNY@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/26/2017. Redacted Transcript Deadline set for 11/6/2017. Release of Transcript Restriction set for 1/3/2018. (Lucchese, Michele)
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Request |
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393 |
Filed: 10/5/2017, Entered: 10/5/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 06/28/2017, before Judge Kiyo M. Matsumoto. Court Reporter/Transcriber Michele Lucchese, Telephone number 718-613-2272. Email address: MLuccheseEDNY@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/26/2017. Redacted Transcript Deadline set for 11/6/2017. Release of Transcript Restriction set for 1/3/2018. (Lucchese, Michele)
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Request |
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392 |
Filed: 10/5/2017, Entered: 10/5/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 06/27/2017, before Judge Kiyo M. Matsumoto. Court Reporter/Transcriber Michele Lucchese, Telephone number 718-613-2272. Email address: MLuccheseEDNY@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/26/2017. Redacted Transcript Deadline set for 11/6/2017. Release of Transcript Restriction set for 1/3/2018. (Lucchese, Michele)
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Request |
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391 |
Filed: 10/5/2017, Entered: 10/5/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 6/26/2017, before Judge Kiyo M. Matsumoto. Court Reporter/Transcriber Michele Lucchese, Telephone number 718-613-2272. Email address: MLuccheseEDNY@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/26/2017. Redacted Transcript Deadline set for 11/6/2017. Release of Transcript Restriction set for 1/3/2018. (Lucchese, Michele)
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Request |
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Filed: None, Entered: None |
Order on Motion for Leave to Appear Pro Hac Vice |
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ORDER granting [388] Motion for Leave to Appear The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee .. as to Evan Greebel (2). Ordered by Judge Kiyo A. Matsumoto on 10/5/2017. (Williams-Jackson, Sandra)
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390 |
Filed: 10/4/2017, Entered: 10/4/2017 |
Response In Support |
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RESPONSE in Support re [383] MOTION for Hearing , to preclude experts and for supplemental expert disclosures (Kessler, David)
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Request |
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389 |
Filed: 10/2/2017, Entered: 10/2/2017 |
Response to motion |
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RESPONSE to Motion re [383] MOTION for Hearing , to preclude experts and for supplemental expert disclosures (Attachments: # (1) Exhibit 1) (Brodsky, Reed)
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Request |
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388 |
Filed: 9/29/2017, Entered: 9/29/2017, Terminated: 10/5/2017 |
Motion to Appear Pro Hac Vice |
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MOTION for Leave to Appear Pro Hac Vice of Joshua E. Dubin Filing fee $ 150, receipt number 0207-9869571. by Evan Greebel. (Attachments: # (1) Declaration of Joshua E. Dubin, # (2) Exhibit A - Certificate of Good Standing, # (3) Proposed Order) (Dubin, Joshua)
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Request |
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387 |
Filed: 9/29/2017, Entered: 9/29/2017 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Mylan Lee Denerstein appearing for Evan Greebel (Denerstein, Mylan)
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Request |
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386 |
Filed: 9/29/2017, Entered: 9/29/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli, Evan Greebel held on 5/15/17, before Judge Matsumoto. Court Reporter/Transcriber Angela Grant. Email address: Angela.grant207@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/20/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/28/2017. (Grant, Angela)
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Request |
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385 |
Filed: 9/28/2017, Entered: 9/28/2017 |
Letter |
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Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re written jury questionnaire as to Evan Greebel (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C) (Brodsky, Reed)
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Request |
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383 |
Filed: 9/25/2017, Entered: 9/25/2017, Terminated: 12/18/2017 |
Motion for Hearing |
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MOTION for Hearing , to preclude experts and for supplemental expert disclosures by USA as to Evan Greebel. (Attachments: # (1) Exhibit A) (Pitluck, David)
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Request |
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381 |
Filed: 9/22/2017, Entered: 9/22/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 9-13-2017, before Judge Kiyo Matsumoto. Court Reporter/Transcriber Lisa Schmid, Telephone number (718)613-2644. Email address: LisaSchmidCCR.RMR@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/13/2017. Redacted Transcript Deadline set for 10/23/2017. Release of Transcript Restriction set for 12/21/2017. (Schmid, Lisa)
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Request |
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380 |
Filed: 9/20/2017, Entered: 9/20/2017 |
Letter |
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Letter Requesting September 25, 2017 Deadline as to Martin Shkreli (Brafman, Benjamin)
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Request |
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379 |
Filed: 9/20/2017, Entered: 9/20/2017 |
Response In Opposition |
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RESPONSE in Opposition re [375] MOTION to Release Bond Obligation (Smith, Alixandra)
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Request |
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Filed: None, Entered: None |
Order |
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ORDER as to Martin Shkreli. The court grants defendant's [380] request to file a reply to the government's [379] opposition to defendant's [375] motion to release his bond obligation, by September 30, 2017 at 5:00 p.m. Ordered by Judge Kiyo A. Matsumoto on 9/20/2017. (Tata, Vivek)
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Filed: None, Entered: None |
Order |
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ORDER as to Evan Greebel. Defendant has [328] requested that the court employ a written jury questionnaire. By September 28, 2017 at 5 p.m., the parties shall advise the court of the anticipated length of trial, and shall file a joint proposed jury questionnaire focusing on identifying prospective jurors who would incur hardship as a result of the duration of trial. For example, the questionnaire should help identify jurors who might face hardship as the result of: (1) their position as the sole caretaker for a family member; (2) medical conditions or scheduled appointments; (3) unalterable vacation plans; or (4) lack of monetary compensation for jury service or other financial hardship. Ordered by Judge Kiyo A. Matsumoto on 9/20/2017. (Tata, Vivek)
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Filed: None, Entered: None |
Order on motion for extension of time to file Response/Reply |
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ORDER re [378] Motion for Extension of Time to File Response/Reply as to Evan Greebel. In order to give the court time to fully consider the parties' arguments prior to the October 6, 2017 pre-trial conference, defendant shall file his responses to the government's Daubert motions by October 2, 2017 at 12:00 p.m. and the government shall file its replies by October 4, 2017 at 9 p.m. The parties shall deliver two courtesy copies of submissions to chambers. Ordered by Judge Kiyo A. Matsumoto on 9/20/2017. (Tata, Vivek)
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378 |
Filed: 9/19/2017, Entered: 9/19/2017, Terminated: 9/20/2017 |
Motion for Extension of Time to File Response/Reply |
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Consent MOTION for Extension of Time to File Response/Reply - Letter Request to Judge Matsumoto Regarding Extension of Time for Expert Disclosures Deadlines by Evan Greebel. (Brodsky, Reed)
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Request |
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377 |
Filed: 9/19/2017, Entered: 9/19/2017 |
Order on Motion for Psychiatric Exam |
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ORDER re [374] Motion as to Martin Shkreli.)Ordered by Judge Kiyo A. Matsumoto on 9/19/2017. (Williams-Jackson, Sandra)
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Request |
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Filed: None, Entered: None |
Order |
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ORDER as to Martin Shkreli: The government shall file a response to the defendant's [375] MOTION to Release Bond Obligation by close of business on September 20, 2017. Ordered by Judge Kiyo A. Matsumoto on 9/19/2017. (Williams-Jackson, Sandra)
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376 |
Filed: 9/18/2017, Entered: 9/18/2017 |
Letter |
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Letter re: the Court's 9/15/2017 Order as to Evan Greebel (Kessler, David)
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Request |
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375 |
Filed: 9/18/2017, Entered: 9/18/2017, Terminated: 10/19/2017 |
Motion to Release Bond Obligation |
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MOTION to Release Bond Obligation by Martin Shkreli. (Attachments: # (1) Proposed Order) (Brafman, Benjamin)
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Request |
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Filed: None, Entered: None |
Scheduling Order |
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ORDER as to Evan Greebel. The pretrial conference and oral argument previously scheduled for October 3, 2017 will now be held on October 6, 2017 at 2 p.m. The court grants the government's [365] motion for a briefing schedule on Daubert motions. Supplemental disclosures on proposed expert witnesses should be provided by September 19, 2017. Any Daubert motions are due on September 25, 2017, responses are due on September 29, 2017, and replies are due on October 2, 2017. In addition, by 6 p.m. on September 18, 2017, the parties shall file a letter advising the court as to whether they have been able to reach an agreement regarding the admissibility of any evidence that is the subject of a pending motion in limine. Ordered by Judge Kiyo A. Matsumoto on 9/15/2017. (Tata, Vivek)
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373 |
Filed: 9/14/2017, Entered: 9/14/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on July 28, 2017, before Judge Kiyo A. Matsumoto. Court Reporter/Transcriber David R. Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/5/2017. Redacted Transcript Deadline set for 10/16/2017. Release of Transcript Restriction set for 12/13/2017. (Roy, David)
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Request |
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372 |
Filed: 9/14/2017, Entered: 9/14/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on July 27, 2017, before Judge Kiyo A. Matsumoto. Court Reporter/Transcriber David R. Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/5/2017. Redacted Transcript Deadline set for 10/16/2017. Release of Transcript Restriction set for 12/13/2017. (Roy, David)
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Request |
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371 |
Filed: 9/14/2017, Entered: 9/14/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on July 26, 2017, before Judge Kiyo A. Matsumoto. Court Reporter/Transcriber David R. Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/5/2017. Redacted Transcript Deadline set for 10/16/2017. Release of Transcript Restriction set for 12/13/2017. (Roy, David)
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Request |
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370 |
Filed: 9/14/2017, Entered: 9/14/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on July 25, 2017, before Judge Kiyo A. Matsumoto. Court Reporter/Transcriber David R. Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/5/2017. Redacted Transcript Deadline set for 10/16/2017. Release of Transcript Restriction set for 12/13/2017. (Roy, David)
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Request |
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369 |
Filed: 9/14/2017, Entered: 9/14/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on July 24, 2017, before Judge Kiyo A. Matsumoto. Court Reporter/Transcriber David R. Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/5/2017. Redacted Transcript Deadline set for 10/16/2017. Release of Transcript Restriction set for 12/13/2017. (Roy, David)
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Request |
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Filed: None, Entered: None |
Remand Hearing |
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368 |
Filed: 9/13/2017, Entered: 9/13/2017 |
Letter |
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Letter Reply in Further Support of Request for Briefing Schedule for Daubert Motions as to Evan Greebel (Kessler, David)
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Request |
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367 |
Filed: 9/13/2017, Entered: 9/13/2017 |
order on motion to revoke |
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ORDER OF DETENTION as to Martin Shkreli (1).Ordered by Judge Kiyo A. Matsumoto on 9/13/2017. (Williams-Jackson, Sandra)
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Request |
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366 |
Filed: 9/12/2017, Entered: 9/12/2017 |
Letter |
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Letter opposition to the Government's request for a briefing schedule and Daubert hearing as to Evan Greebel (Brodsky, Reed)
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Request |
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365 |
Filed: 9/12/2017, Entered: 9/12/2017 |
Letter |
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Letter Requesting Briefing Schedule for Daubert Motions as to Evan Greebel (Attachments: # (1) Exhibit A) (Smith, Alixandra)
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Request |
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364 |
Filed: 9/12/2017, Entered: 9/12/2017 |
Response In Opposition |
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RESPONSE in Opposition re [362] MOTION to Revoke Bail (Attachments: # (1) Exhibit A) (Brafman, Benjamin)
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Request |
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363 |
Filed: 9/8/2017, Entered: 9/8/2017, Terminated: 2/26/2018 |
Motion for Acquittal |
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MOTION for Acquittal by Martin Shkreli. (Attachments: # (1) Memorandum in Support of Motion for Judgment of Acquittal, # (2) Exhibit 1) (Brafman, Benjamin)
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Request |
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Filed: None, Entered: None |
Scheduling Order |
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ORDER as to Martin Shkreli. The hearing on the government's [362] motion to revoke bail is reschedule to September 13, 2017 at 5:00 p.m. at 225 Cadman Plaza East, Brooklyn, N.Y., 11201, Courtroom 6C South, before Judge Kiyo A. Matsumoto. Defendant shall file a response to the government's [362] motion by September 12, 2017 at 5:00 p.m., and the government shall file its reply, if any, by end of day September 12, 2017. Ordered by Judge Kiyo A. Matsumoto on 9/8/2017. (Tata, Vivek)
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362 |
Filed: 9/7/2017, Entered: 9/7/2017, Terminated: 9/13/2017 |
motion to revoke |
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MOTION to Revoke Bail by USA as to Martin Shkreli. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K) (Smith, Alixandra)
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Request |
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Filed: None, Entered: None |
Scheduling Order |
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ORDER as to Martin Shkreli. The court will hold a hearing on the government's [362] motion to revoke bail on September 14, 2017 at 2:00 p.m. at 225 Cadman Plaza East, Brooklyn, N.Y., 11201, Courtroom 6C South, before Judge Kiyo A. Matsumoto. Defendant shall file a response to the government's [362] motion by September 12, 2017 at 5:00 p.m., and the government shall reply by September 13, 2017 at 5:00 p.m. In its reply, the government shall indicate if it intends to call witnesses, and shall advise the court of the anticipated length of the hearing. Ordered by Judge Kiyo A. Matsumoto on 9/7/2017. (Tata, Vivek)
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361 |
Filed: 8/31/2017, Entered: 8/31/2017 |
Reply to Response |
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REPLY TO RESPONSE to Motion re [330] MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO ADMIT THE STEVEN ROSENFELD ARBITRATION AND THE THOMAS KOESTLER ARBITRATION (Brodsky, Reed)
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Request |
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360 |
Filed: 8/31/2017, Entered: 8/31/2017 |
Reply to Response |
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REPLY TO RESPONSE to Motion re [340] MOTION in Limine / MR. GREEBEL'S MOTIONS IN LIMINE TO PRECLUDE CERTAIN INADMISSIBLE TESTIMONY FROM THE TRIAL OF UNITED STATES V. MARTIN SHKRELI AND MOTION TO PRECLUDE EXPERT TESTIMONY (Brodsky, Reed)
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Request |
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359 |
Filed: 8/31/2017, Entered: 8/31/2017 |
Reply to Response |
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REPLY TO RESPONSE to Motion re [337] MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE RELATING TO THE GOVERNMENT'S INACCURATE LEGAL ASSUMPTION THAT "FEARNOW SHARE" RECIPIENTS ARE "AFFILIATES" BECAUSE THEY WERE RETROPHIN EMPLOYEES (Brodsky, Reed)
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Request |
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358 |
Filed: 8/31/2017, Entered: 8/31/2017 |
Reply to Response |
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REPLY TO RESPONSE to Motion re [336] MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO PRECLUDE ARGUMENT OR EVIDENCE THAT RETROPHIN'S OUTSIDE AUDITOR DETERMINED THAT THE SETTLEMENT AGREEMENTS WERE IMPROPER (Brodsky, Reed)
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Request |
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357 |
Filed: 8/31/2017, Entered: 8/31/2017 |
Reply to Response |
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REPLY TO RESPONSE to Motion re [334] MOTION in Limine / MR. GREEBELS MOTION IN LIMINE TO PRECLUDE THE GOVERNMENT FROM ASSERTING THAT MR. SHKRELI WAS PERSONALLY LIABLE TO MSMB INVESTORS FOR ALLEGED LOSSES WHEN, IN FACT, THE PRIVATE PLACEMENT MEMORANDA GOVERNING THE INVESTMENTS EXPRESSL (Brodsky, Reed)
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Request |
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356 |
Filed: 8/31/2017, Entered: 8/31/2017 |
Reply to Response |
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REPLY TO RESPONSE to Motion re [333] MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO PRECLUDE LAY OPINION TESTIMONY THAT VIOLATES RULES 701, 401, AND 403 (Brodsky, Reed)
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Request |
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355 |
Filed: 8/31/2017, Entered: 8/31/2017 |
Reply to Response |
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REPLY TO RESPONSE to Motion re [335] MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE REGARDING ALLEGED CO-CONSPIRATORS (Brodsky, Reed)
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Request |
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354 |
Filed: 8/31/2017, Entered: 8/31/2017 |
Reply to Response |
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REPLY TO RESPONSE to Motion re [339] MOTION in Limine / MR. GREEBELS MOTION IN LIMINE TO PRECLUDE THE GOVERNMENT FROM USING EVIDENCE OBTAINED FROM GRAND JURY SUBPOENAS ISSUED FOLLOWING THE SUPERSEDING INDICTMENT, AND TO PRODUCE COPIES OF ALL GRAND JURY SUBPOENAS PRIOR TO AND AFTER IND (Brodsky, Reed)
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Request |
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353 |
Filed: 8/31/2017, Entered: 8/31/2017 |
Reply to Response |
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REPLY TO RESPONSE to Motion re [331] MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO ADMIT INTO EVIDENCE AT TRIAL CERTAIN OF THE GOVERNMENT'S STATEMENTS IN BRIEFS AND ON THE RECORD IN OPEN COURT REGARDING COMMINGLING (Brodsky, Reed)
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Request |
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352 |
Filed: 8/31/2017, Entered: 8/31/2017 |
Reply to Response |
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REPLY TO RESPONSE to Motion re [332] MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO ADMIT MARTIN SHKRELI'S PRIOR TESTIMONIAL STATEMENTS AND STATEMENTS TO LAW ENFORCEMENT UNDER MULTIPLE EXCEPTIONS TO THE HEARSAY RULE (Brodsky, Reed)
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Request |
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351 |
Filed: 8/31/2017, Entered: 8/31/2017 |
Reply to Response |
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REPLY TO RESPONSE to Motion re [338] MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO PRECLUDE IRRELEVANT, MISLEADING, AND UNFAIRLY PREJUDICIAL EVIDENCE (Brodsky, Reed)
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Request |
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350 |
Filed: 8/31/2017, Entered: 8/31/2017 |
Reply to Response |
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REPLY TO RESPONSE to Motion re [328] MOTION in Limine / MR. GREEBEL'S MOTION FOR A WRITTEN JURY QUESTIONNAIRE (Brodsky, Reed)
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Request |
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349 |
Filed: 8/31/2017, Entered: 8/31/2017 |
Reply to Response |
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REPLY TO RESPONSE to Motion re [326] MOTION to Dismiss / MR. GREEBEL'S NOTICE OF MOTION TO DISMISS COUNT SEVEN OF THE SUPERSEDING INDICTMENT (Brodsky, Reed)
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Request |
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348 |
Filed: 8/31/2017, Entered: 8/31/2017 |
Response In Support |
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RESPONSE in Support re [329] MOTION in Limine and In Opposititon to Defendant's Cross-Motion (Kessler, David)
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Request |
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Filed: None, Entered: None |
Scheduling Order |
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SCHEDULING ORDER as to Evan Greebel. Mr. Greebel has requested oral argument on his [326] Motion to Dismiss Count Seven of the Superseding Indictment, and on the parties' motions in limine. The court will hear oral argument on these motions during the pre-trial conference, which will now be held on October 3, 2017 at 12:30 p.m. Ordered by Judge Kiyo A. Matsumoto on 8/28/2017. (Tata, Vivek)
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347 |
Filed: 8/25/2017, Entered: 8/26/2017 |
Response to motion |
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RESPONSE to Motion re [329] MOTION in Limine / MR. GREEBEL'S MEMORANDUM OF LAW IN OPPOSITION TO THE GOVERNMENT'S MOTIONS IN LIMINE, AND CROSS-MOTION TO PRECLUDE THE GOVERNMENT FROM INTRODUCING INADMISSIBLE EVIDENCE FROM MR. SHKRELI'S TRIAL (Attachments: # (1) Exhibit A) (Brodsky, Reed)
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Request |
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346 |
Filed: 8/25/2017, Entered: 8/25/2017 |
Memorandum in opposition |
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MEMORANDUM in Opposition re [335] MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE REGARDING ALLEGED CO-CONSPIRATORS, [336] MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO PRECLUDE ARGUMENT OR EVIDENCE THAT RETROPHIN'S OUTSIDE AUDITOR DETERMINED THAT THE SETTLEMENT AGREEMENTS WERE IMPROPER, [330] MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO ADMIT THE STEVEN ROSENFELD ARBITRATION AND THE THOMAS KOESTLER ARBITRATION, [331] MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO ADMIT INTO EVIDENCE AT TRIAL CERTAIN OF THE GOVERNMENT'S STATEMENTS IN BRIEFS AND ON THE RECORD IN OPEN COURT REGARDING COMMINGLING, [340] MOTION in Limine / MR. GREEBEL'S MOTIONS IN LIMINE TO PRECLUDE CERTAIN INADMISSIBLE TESTIMONY FROM THE TRIAL OF UNITED STATES V. MARTIN SHKRELI AND MOTION TO PRECLUDE EXPERT TESTIMONY, [337] MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE RELATING TO THE GOVERNMENT'S INACCURATE LEGAL ASSUMPTION THAT "FEARNOW SHARE" RECIPIENTS ARE "AFFILIATES" BECAUSE THEY WERE RETROPHIN EMPLOYEES, [332] MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO ADMIT MARTIN SHKRELI'S PRIOR TESTIMONIAL STATEMENTS AND STATEMENTS TO LAW ENFORCEMENT UNDER MULTIPLE EXCEPTIONS TO THE HEARSAY RULE, [338] MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO PRECLUDE IRRELEVANT, MISLEADING, AND UNFAIRLY PREJUDICIAL EVIDENCE, [333] MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO PRECLUDE LAY OPINION TESTIMONY THAT VIOLATES RULES 701, 401, AND 403, [334] MOTION in Limine / MR. GREEBELS MOTION IN LIMINE TO PRECLUDE THE GOVERNMENT FROM ASSERTING THAT MR. SHKRELI WAS PERSONALLY LIABLE TO MSMB INVESTORS FOR ALLEGED LOSSES WHEN, IN FACT, THE PRIVATE PLACEMENT MEMORANDA GOVERNING THE INVESTMENTS EXPRESSL, [342] MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO ADMIT THE STEVEN ROSENFELD ARBITRATION AND THE THOMAS KOESTLER ARBITRATION (amending Dkt. No. 330 to include Table of Contents and Table of Authorities) (Smith, Alixandra)
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Request |
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345 |
Filed: 8/25/2017, Entered: 8/25/2017 |
Response In Opposition |
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RESPONSE in Opposition re [326] MOTION to Dismiss / MR. GREEBEL'S NOTICE OF MOTION TO DISMISS COUNT SEVEN OF THE SUPERSEDING INDICTMENT (Pitluck, David)
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Request |
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344 |
Filed: 8/25/2017, Entered: 8/25/2017 |
Response In Opposition |
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RESPONSE in Opposition re [339] MOTION in Limine / MR. GREEBELS MOTION IN LIMINE TO PRECLUDE THE GOVERNMENT FROM USING EVIDENCE OBTAINED FROM GRAND JURY SUBPOENAS ISSUED FOLLOWING THE SUPERSEDING INDICTMENT, AND TO PRODUCE COPIES OF ALL GRAND JURY SUBPOENAS PRIOR TO AND AFTER IND, [328] MOTION in Limine / MR. GREEBEL'S MOTION FOR A WRITTEN JURY QUESTIONNAIRE (Pitluck, David)
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Request |
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343 |
Filed: 8/23/2017, Entered: 8/23/2017 |
Letter |
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Letter Requesting One-Day Extension of Replies for MILs as to Evan Greebel (Smith, Alixandra)
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Request |
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Filed: None, Entered: None |
Scheduling Order |
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ORDER as to Evan Greebel. The court grants the government's [343] motion for an extension. Replies for motions in limine and pre-trial motions will be due on August 30, 2017. Ordered by Judge Kiyo A. Matsumoto on 8/23/2017. (Tata, Vivek)
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342 |
Filed: 8/21/2017, Entered: 8/21/2017, Terminated: 12/18/2017 |
Motion in Limine |
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MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO ADMIT THE STEVEN ROSENFELD ARBITRATION AND THE THOMAS KOESTLER ARBITRATION (amending Dkt. No. 330 to include Table of Contents and Table of Authorities) by Evan Greebel. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I) (Brodsky, Reed)
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Request |
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341 |
Filed: 8/21/2017, Entered: 8/21/2017 |
Staff Notes |
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Staff Notes as to Martin Shkreli: The juror list has been prepared for distribution according to the 8/18/2017 Order [325]. (DCP)
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Request |
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340 |
Filed: 8/19/2017, Entered: 8/19/2017, Terminated: 12/18/2017 |
Motion in Limine |
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MOTION in Limine / MR. GREEBEL'S MOTIONS IN LIMINE TO PRECLUDE CERTAIN INADMISSIBLE TESTIMONY FROM THE TRIAL OF UNITED STATES V. MARTIN SHKRELI AND MOTION TO PRECLUDE EXPERT TESTIMONY by Evan Greebel. (Attachments: # (1) Exhibit A, # (2) Exhibit B) (Brodsky, Reed)
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Request |
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339 |
Filed: 8/19/2017, Entered: 8/19/2017, Terminated: 12/18/2017 |
Motion in Limine |
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MOTION in Limine / MR. GREEBELS MOTION IN LIMINE TO PRECLUDE THE GOVERNMENT FROM USING EVIDENCE OBTAINED FROM GRAND JURY SUBPOENAS ISSUED FOLLOWING THE SUPERSEDING INDICTMENT, AND TO PRODUCE COPIES OF ALL GRAND JURY SUBPOENAS PRIOR TO AND AFTER INDICTMENT by Evan Greebel. (Attachments: # (1) Exhibit A, # (2) Exhibit B) (Brodsky, Reed)
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Request |
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338 |
Filed: 8/19/2017, Entered: 8/19/2017, Terminated: 12/18/2017 |
Motion in Limine |
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MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO PRECLUDE IRRELEVANT, MISLEADING, AND UNFAIRLY PREJUDICIAL EVIDENCE by Evan Greebel. (Attachments: # (1) Exhibit A) (Brodsky, Reed)
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Request |
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337 |
Filed: 8/19/2017, Entered: 8/19/2017, Terminated: 12/18/2017 |
Motion in Limine |
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MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE RELATING TO THE GOVERNMENT'S INACCURATE LEGAL ASSUMPTION THAT "FEARNOW SHARE" RECIPIENTS ARE "AFFILIATES" BECAUSE THEY WERE RETROPHIN EMPLOYEES by Evan Greebel. (Attachments: # (1) Exhibit A) (Brodsky, Reed)
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Request |
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336 |
Filed: 8/19/2017, Entered: 8/19/2017, Terminated: 12/18/2017 |
Motion in Limine |
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MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO PRECLUDE ARGUMENT OR EVIDENCE THAT RETROPHIN'S OUTSIDE AUDITOR DETERMINED THAT THE SETTLEMENT AGREEMENTS WERE IMPROPER by Evan Greebel. (Attachments: # (1) Exhibit A, # (2) Exhibit B) (Brodsky, Reed)
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Request |
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335 |
Filed: 8/19/2017, Entered: 8/19/2017, Terminated: 12/18/2017 |
Motion in Limine |
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MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE REGARDING ALLEGED CO-CONSPIRATORS by Evan Greebel. (Attachments: # (1) Exhibit A) (Brodsky, Reed)
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Request |
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334 |
Filed: 8/19/2017, Entered: 8/19/2017, Terminated: 12/18/2017 |
Motion in Limine |
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MOTION in Limine / MR. GREEBELS MOTION IN LIMINE TO PRECLUDE THE GOVERNMENT FROM ASSERTING THAT MR. SHKRELI WAS PERSONALLY LIABLE TO MSMB INVESTORS FOR ALLEGED LOSSES WHEN, IN FACT, THE PRIVATE PLACEMENT MEMORANDA GOVERNING THE INVESTMENTS EXPRESSLY STATED OTHERWISE by Evan Greebel. (Attachments: # (1) Exhibit A, # (2) Exhibit B) (Brodsky, Reed)
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Request |
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333 |
Filed: 8/19/2017, Entered: 8/19/2017, Terminated: 12/18/2017 |
Motion in Limine |
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MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO PRECLUDE LAY OPINION TESTIMONY THAT VIOLATES RULES 701, 401, AND 403 by Evan Greebel. (Brodsky, Reed)
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Request |
 |
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332 |
Filed: 8/18/2017, Entered: 8/19/2017 |
Motion in Limine |
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MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO ADMIT MARTIN SHKRELI'S PRIOR TESTIMONIAL STATEMENTS AND STATEMENTS TO LAW ENFORCEMENT UNDER MULTIPLE EXCEPTIONS TO THE HEARSAY RULE by Evan Greebel. (Attachments: # (1) Exhibit A, # (2) Exhibit B) (Brodsky, Reed)
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Request |
 |
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331 |
Filed: 8/18/2017, Entered: 8/18/2017, Terminated: 12/18/2017 |
Motion in Limine |
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MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO ADMIT INTO EVIDENCE AT TRIAL CERTAIN OF THE GOVERNMENT'S STATEMENTS IN BRIEFS AND ON THE RECORD IN OPEN COURT REGARDING COMMINGLING by Evan Greebel. (Attachments: # (1) Exhibit A) (Brodsky, Reed)
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Request |
 |
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330 |
Filed: 8/18/2017, Entered: 8/18/2017, Terminated: 12/18/2017 |
Motion in Limine |
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MOTION in Limine / MR. GREEBEL'S MOTION IN LIMINE TO ADMIT THE STEVEN ROSENFELD ARBITRATION AND THE THOMAS KOESTLER ARBITRATION by Evan Greebel. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I) (Brodsky, Reed)
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Request |
 |
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329 |
Filed: 8/18/2017, Entered: 8/18/2017, Terminated: 12/18/2017 |
Motion in Limine |
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MOTION in Limine by USA as to Evan Greebel. (Pitluck, David)
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Request |
 |
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328 |
Filed: 8/18/2017, Entered: 8/18/2017, Terminated: 12/18/2017 |
Motion in Limine |
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MOTION in Limine / MR. GREEBEL'S MOTION FOR A WRITTEN JURY QUESTIONNAIRE by Evan Greebel. (Brodsky, Reed)
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Request |
 |
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327 |
Filed: 8/18/2017, Entered: 8/18/2017 |
Memorandum In Support |
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MEMORANDUM in Support re [326] MOTION to Dismiss / MR. GREEBEL'S NOTICE OF MOTION TO DISMISS COUNT SEVEN OF THE SUPERSEDING INDICTMENT (Attachments: # (1) Exhibit A) (Brodsky, Reed)
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Request |
 |
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326 |
Filed: 8/18/2017, Entered: 8/18/2017, Terminated: 10/13/2017 |
Motion to Dismiss |
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MOTION to Dismiss / MR. GREEBEL'S NOTICE OF MOTION TO DISMISS COUNT SEVEN OF THE SUPERSEDING INDICTMENT by Evan Greebel. (Brodsky, Reed)
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Request |
 |
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325 |
Filed: 8/18/2017, Entered: 8/18/2017 |
Order |
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ORDER as to Martin Shkreli re [308] Letter from Katherine M. Bolger, Esq. For the reasons stated in the attached Memorandum and Order, the court grants the request of press organizations Bloomberg L.P., Daily News, L.P., Reuters, The Associated Press, The New York Times Co., and NYP Holdings, Inc., for the names of jurors in this case. The Clerk of Court shall compile the names of Jurors 1-12 in this case, and provide a list of those names to members of press organizations who request the names and present proper press credentials in the clerk's office. The clerk shall maintain a list of press members to whom the list of juror names is disclosed. Ordered by Judge Kiyo A. Matsumoto on 8/18/2017. (Tata, Vivek)
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Request |
 |
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324 |
Filed: 8/17/2017, Entered: 8/17/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 8-4-17, before Judge Matsumoto. Court Reporter/Transcriber M.Nardone, Telephone number 718-613-2601. Email address: mishrpr@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/7/2017. Redacted Transcript Deadline set for 9/18/2017. Release of Transcript Restriction set for 11/15/2017. (Nardone, Michele)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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323 |
Filed: 8/17/2017, Entered: 8/17/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 8-3-17, before Judge Matsumoto. Court Reporter/Transcriber M.Nardone, Telephone number 718-613-2601. Email address: mishrpr@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/7/2017. Redacted Transcript Deadline set for 9/18/2017. Release of Transcript Restriction set for 11/15/2017. (Nardone, Michele)
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Request |
 |
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322 |
Filed: 8/17/2017, Entered: 8/17/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 8-2-17, before Judge Matsumoto. Court Reporter/Transcriber M.Nardone, Telephone number 718-613-2601. Email address: mishrpr@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/7/2017. Redacted Transcript Deadline set for 9/18/2017. Release of Transcript Restriction set for 11/15/2017. (Nardone, Michele)
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Request |
 |
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321 |
Filed: 8/17/2017, Entered: 8/17/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 8-1-17, before Judge Matsumoto. Court Reporter/Transcriber M.Nardone, Telephone number 718-613-2601. Email address: mishrpr@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/7/2017. Redacted Transcript Deadline set for 9/18/2017. Release of Transcript Restriction set for 11/15/2017. (Nardone, Michele)
|
|
Request |
 |
|
|
320 |
Filed: 8/17/2017, Entered: 8/17/2017 |
transcript |
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 7-31-17, before Judge Matsumoto. Court Reporter/Transcriber M.Nardone, Telephone number 718-613-2601. Email address: mishrpr@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/7/2017. Redacted Transcript Deadline set for 9/18/2017. Release of Transcript Restriction set for 11/15/2017. (Nardone, Michele)
|
|
Request |
 |
|
|
319 |
Filed: 8/15/2017, Entered: 8/15/2017 |
Letter |
|
Letter re Press Request for Juror Names as to Martin Shkreli (Smith, Alixandra)
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|
|
 |
|
|
318 |
Filed: 8/15/2017, Entered: 8/15/2017 |
transcript |
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on JUNE 19, 2017, before Judge Kiyo A. Matsumoto. Court Reporter/Transcriber Georgette K. Betts, Telephone number 718-804-2777. Email address: Georgette_Betts@nyed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/5/2017. Redacted Transcript Deadline set for 9/15/2017. Release of Transcript Restriction set for 11/13/2017. (Betts, Georgette)
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|
Request |
 |
|
|
317 |
Filed: 8/15/2017, Entered: 8/15/2017 |
transcript |
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 7-14-2017, before Judge Matsumoto. Court Reporter/Transcriber Rivka Teich, Telephone number 718-613-2268. Email address: rivkateich@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/5/2017. Redacted Transcript Deadline set for 9/15/2017. Release of Transcript Restriction set for 11/13/2017. (Teich, Rivka)
|
|
Request |
 |
|
|
316 |
Filed: 8/15/2017, Entered: 8/15/2017 |
transcript |
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 7-13-2017, before Judge Matsumoto. Court Reporter/Transcriber Rivka Teich, Telephone number 718-613-2268. Email address: rivkateich@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/5/2017. Redacted Transcript Deadline set for 9/15/2017. Release of Transcript Restriction set for 11/13/2017. (Teich, Rivka)
|
|
Request |
 |
|
|
315 |
Filed: 8/15/2017, Entered: 8/15/2017 |
transcript |
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 7-12-2017, before Judge Matsumoto. Court Reporter/Transcriber Rivka Teich, Telephone number 718-613-2268. Email address: rivkateich@gmail.com. Tape Number: rivkateich@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/5/2017. Redacted Transcript Deadline set for 9/15/2017. Release of Transcript Restriction set for 11/13/2017. (Teich, Rivka)
|
|
Request |
 |
|
|
314 |
Filed: 8/15/2017, Entered: 8/15/2017 |
transcript |
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 7-10-2017, before Judge Matsumoto. Court Reporter/Transcriber Rivka Teich, Telephone number 718-613-2268. Email address: rivkateich@gmail.com. Tape Number: rivkateich@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/5/2017. Redacted Transcript Deadline set for 9/15/2017. Release of Transcript Restriction set for 11/13/2017. (Teich, Rivka)
|
|
Request |
 |
|
|
313 |
Filed: 8/14/2017, Entered: 8/14/2017 |
Letter |
|
Letter re the Court's August 9, 2017 Order as to Martin Shkreli (Brafman, Benjamin)
|
|
Request |
 |
|
|
312 |
Filed: 8/11/2017, Entered: 8/11/2017 |
Letter |
|
Letter pursuant to Paragraph 4 of the 7/14/17 Amended Criminal Pretrial Scheduling Order as to Evan Greebel (Attachments: # (1) Exhibit A - Requests to Charge, # (2) Exhibit B - Expert Disclosures) (Brodsky, Reed)
|
|
|
 |
|
|
311 |
Filed: 8/11/2017, Entered: 8/11/2017 |
Letter |
|
Letter re Government's Updated Pretrial Order Disclosures as to Evan Greebel (Attachments: # (1) Exhibit B (Government's Requests to Charge)) (Smith, Alixandra)
|
|
|
 |
|
|
310 |
Filed: 8/11/2017, Entered: 8/11/2017 |
Letter |
|
Letter requesting extension as to Martin Shkreli (Zellan, Andrea)
|
|
|
 |
|
|
309 |
Filed: 8/11/2017, Entered: 8/11/2017 |
Letter |
|
Letter re Rule 16 Discovery as to Evan Greebel (Smith, Alixandra)
|
|
|
 |
|
|
308 |
Filed: 8/11/2017, Entered: 8/11/2017 |
Letter |
|
Letter dated August 11, 2017 from Katherine M. Golger Re: Order dated August 9, 2017 by the Honorable Matsumoto. as to Martin Shkreli (Bolger, Katherine)
|
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|
 |
|
|
307 |
Filed: 8/11/2017, Entered: 8/11/2017 |
notice of attorney appearance - USA |
|
NOTICE OF ATTORNEY APPEARANCE David C Pitluck appearing for USA. (Pitluck, David)
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|
 |
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|
|
Filed: None, Entered: None |
Scheduling Order |
|
ORDER as to Martin Shkreli. The court grants defendant's request for an extension of time to file a response to the court's August 9, 2017 order regarding the release of jurors' names. Defendant shall respond to the court's August 9, 2017 order by August 14, 2017. Ordered by Judge Kiyo A. Matsumoto on 8/11/2017. (Tata, Vivek)
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|
 |
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|
|
Filed: None, Entered: None |
Scheduling Order |
|
ORDER as to Martin Shkreli. The court has received several informal press requests for the names of the jurors in United States v. Shkreli. By August 11, 2017, news organizations seeking disclosure of juror names shall file a letter, not to exceed three pages, describing their request and citing to any applicable legal authority. By the same date, the parties in this case may, but need not, submit letters setting forward their position on disclosure of juror names. Ordered by Judge Kiyo A. Matsumoto on 8/9/2017. (Tata, Vivek)
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|
 |
|
|
306 |
Filed: 8/4/2017, Entered: 8/4/2017 |
order on motion to strike |
|
ORDER as to Evan Greebel. For the reasons set forth in the attached Memorandum and Order, the court (1) grants Mr. Greebel's [177] motion to strike the phrase "the defendant EVAN GREEBEL and" from the first sentence of paragraph seven of the Superseding Indictment and (2) denies his [177] motion to dismiss Count Eight of the Superseding Indictment. Ordered by Judge Kiyo A. Matsumoto on 8/4/2017. (Tata, Vivek)
|
|
Request |
 |
|
|
305 |
Filed: 8/4/2017, Entered: 8/4/2017 |
Order |
|
Jury Verdict as to Martin Shkreli (Redacted). (Tata, Vivek)
|
|
Request |
 |
|
|
304 |
Filed: 8/4/2017, Entered: 8/4/2017 |
Order |
|
Court Exhibits 7, 8, 8A, 9, 10, 11 and 12. (Corrected) (Tata, Vivek)
|
|
Request |
 |
|
|
303 |
Filed: 8/4/2017, Entered: 8/4/2017 |
Order |
|
Court Exhibits 7, 8, 8A, 9, 10, 11 and 12. (Tata, Vivek)
|
|
Request |
 |
|
|
302 |
Filed: 8/4/2017, Entered: 8/4/2017 |
Order |
|
Exhibit List (Court Ex. 6). (Tata, Vivek)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Jury Trial as to Martin Shkreli held on 8/4/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., Jacob Kaplan Esq., and Teny Rose Geragos Esq. appeared with Mr. Shkreli. All jurors were present. The jury deliberated and delivered a verdict. Defendant Martin Shkreli found not guilty on Counts 1, 2, 4, 5, and 7, and found guilty on Counts 3, 6, and 8. Jurors polled and dismissed. Defendants' post-trial motions shall be filed by September 8, 2017; the government shall file its opposition by October 6, 2017; and the defendant's reply is due by October 13, 2017. (Court Reporter: Michele Nardone.) (Tata, Vivek)
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|
|
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Jury Trial as to Martin Shkreli held on 8/3/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., Jacob Kaplan Esq., and Teny Rose Geragos Esq. appeared with Mr. Shkreli. Case called. All jurors were present. The court was advised by a juror that she had overheard a conversation regarding the status of jury deliberations, in the vicinity of the courthouse. The court admonished the juror not to discuss this incident with other members of the jury, and the juror confirmed that she could continue to deliberate and decide the case based only on the evidence presented and the legal instructions given by the court. The jury deliberated. Deliberations will be continued on 8/4/2017 at 9:00am. (Court Reporter Michele Nardone.) (Tata, Vivek) (Entered: 08/03/2017) (Tata, Vivek)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Jury Trial as to Martin Shkreli held on 8/2/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., Jacob Kaplan Esq., and Teny Rose Geragos Esq. appeared with Mr. Shkreli. Case called. All jurors were present. The jury deliberated; deliberations to be continued on 8/3/2017 at 9:00am. (Court Reporter Michele Nardone.) (Tata, Vivek)
|
|
|
 |
|
|
301 |
Filed: 8/1/2017, Entered: 8/1/2017 |
transcript |
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 7/21/2017, before Judge Kiyo Matsumoto. Court Reporter/Transcriber Richard W. Barry, Telephone number 718-613-2505. Email address: rwbarrycourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/22/2017. Redacted Transcript Deadline set for 9/1/2017. Release of Transcript Restriction set for 10/30/2017. (Barry, Richard)
|
|
Request |
 |
|
|
300 |
Filed: 8/1/2017, Entered: 8/1/2017 |
transcript |
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 7/20/2017, before Judge Kiyo Matsumoto. Court Reporter/Transcriber Richard W. Barry, Telephone number 718-613-2505. Email address: rwbarrycourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/22/2017. Redacted Transcript Deadline set for 9/1/2017. Release of Transcript Restriction set for 10/30/2017. (Barry, Richard)
|
|
Request |
 |
|
|
299 |
Filed: 8/1/2017, Entered: 8/1/2017 |
transcript |
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 7/19/2017, before Judge Kiyo Matsumoto. Court Reporter/Transcriber Richard W. Barry, Telephone number 718-613-2505. Email address: rwbarrycourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/22/2017. Redacted Transcript Deadline set for 9/1/2017. Release of Transcript Restriction set for 10/30/2017. (Barry, Richard)
|
|
Request |
 |
|
|
298 |
Filed: 8/1/2017, Entered: 8/1/2017 |
transcript |
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 7/18/2017, before Judge Kiyo Matsumoto. Court Reporter/Transcriber Richard W. Barry, Telephone number 718-613-2505. Email address: rwbarrycourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/22/2017. Redacted Transcript Deadline set for 9/1/2017. Release of Transcript Restriction set for 10/30/2017. (Barry, Richard)
|
|
Request |
 |
|
|
297 |
Filed: 8/1/2017, Entered: 8/1/2017 |
transcript |
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 7/17/2017, before Judge Kiyo Matsumoto. Court Reporter/Transcriber Richard W. Barry, Telephone number 718-613-2505. Email address: rwbarrycourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/22/2017. Redacted Transcript Deadline set for 9/1/2017. Release of Transcript Restriction set for 10/30/2017. (Barry, Richard)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Jury Trial as to Martin Shkreli held on 8/1/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., Jacob Kaplan Esq., and Teny Rose Geragos Esq. appeared with Mr. Shkreli. Case called. All jurors were present. The jury deliberated; deliberations to be continued on 8/2/2017 at 9:00am. (Court Reporter Michele Nardone.) (Tata, Vivek)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/31/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., Jacob Kaplan Esq., and Teny Rose Geragos Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Jurors deliberated; deliberations to be continued on 8/1/2017 at 9:00am. (Court Reporter Michele Nardone.) (Vivek Tata)
|
|
|
 |
|
|
296 |
Filed: 7/28/2017, Entered: 7/28/2017 |
Letter |
|
Letter Attaching Redacted Superseding Indictment To Be Provided To The Jury (Agreed Upon By The Parties) as to Martin Shkreli (Attachments: # (1) Exhibit A - Redacted Superseding Indictment To Be Provided To The Jury (Agreed Upon By The Parties)) (Srinivasan, Girish)
|
|
|
 |
|
|
295 |
Filed: 7/28/2017, Entered: 7/28/2017 |
Order |
|
Final Jury Instructions and Verdict Sheet, marked as court exhibits 5 and 5A, as discussed with counsel for all parties on July 28, 2017. Ordered by Judge Kiyo A. Matsumoto on 7/28/2017. (Grover, Vanish) (Main Document 295 replaced on 7/28/2017) (Williams-Jackson, Sandra).
|
|
|
 |
|
|
294 |
Filed: 7/28/2017, Entered: 7/28/2017 |
Order |
|
Final Jury Instructions and Verdict Sheet, marked as court exhibits 4 and 4A. As [293] requested by the parties, the court will include a definition of "affiliate." At the government's [291] request, the court also strikes the words "knowing and intentionally" from the instructions concerning the first element of securities fraud. Ordered by Judge Kiyo A. Matsumoto on 7/28/2017. (Tata, Vivek)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/28/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., Jacob Kaplan Esq., and Teny Rose Geragos Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Closing arguments held. The jury was charged, and will begin their deliberations on Monday, July 31, 2017. Jury trial to be continued on July 31, 2017 at 9:00am. (Court Reporter David Roy.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
293 |
Filed: 7/27/2017, Entered: 7/27/2017 |
Letter |
|
Letter re Affiliate Jury Instruction as to Martin Shkreli (Srinivasan, Girish)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/27/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., Jacob Kaplan Esq., and Teny Rose Geragos Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Both sides rested and closing arguments heard and shall continue on 7/28/17 at 9:00a.m. in Courtroom 6C South before Judge Matsumoto.(Court Reporter David Roy.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
292 |
Filed: 7/26/2017, Entered: 7/26/2017 |
Letter |
|
Letter regarding Proposed Jury Instructions as to Martin Shkreli (Brafman, Benjamin)
|
|
|
 |
|
|
291 |
Filed: 7/26/2017, Entered: 7/26/2017 |
Letter |
|
Letter re Objection to Second Draft Jury Instructions (Dkt. No. 290) as to Martin Shkreli (Srinivasan, Girish)
|
|
|
 |
|
|
290 |
Filed: 7/26/2017, Entered: 7/26/2017 |
Order |
|
Proposed Jury Instructions (Court Ex. 2). Counsel are requested to submit a short letter by 10:30 pm on July 26, 2017 noting any objections to the attached revised jury instructions, citing to authority where appropriate. If there are no objections, counsel should file a letter to that effect by the same time. Ordered by Judge Kiyo A. Matsumoto on 7/26/2017. (Tata, Vivek)
|
|
Request |
 |
|
|
289 |
Filed: 7/26/2017, Entered: 7/26/2017 |
notice of attorney appearance - USA |
|
NOTICE OF ATTORNEY APPEARANCE Claire S. Kedeshian appearing for USA. (Kedeshian, Claire)
|
|
|
 |
|
|
288 |
Filed: 7/26/2017, Entered: 7/26/2017 |
Order |
|
STIPULATION AND WAIVER OF JURY TRIAL as to Martin Shkreli. Ordered by Judge Kiyo A. Matsumoto on 7/26/2017. (Williams-Jackson, Sandra) (Williams-Jackson, Sandra).
|
|
|
 |
|
|
287 |
Filed: 7/26/2017, Entered: 7/26/2017 |
Order |
|
ORDER as to Martin Shkreli : That the Court compensate the eighteen (17) empaneled jurors in the above captioned case for their availability on July 26, 2017, at the daily juror fee rate of $50. Ordered by Judge Kiyo A. Matsumoto on 7/25/2017. (Williams-Jackson, Sandra)
|
|
|
 |
|
|
286 |
Filed: 7/25/2017, Entered: 7/25/2017 |
Order |
|
Proposed Jury Instructions and Verdict Sheet (Court Exs. 1 &1A). Counsel should be prepared to support any objections to the proposed instructions at the charging conference with legal authority. Ordered by Judge Kiyo A. Matsumoto on 7/25/2017. (Tata, Vivek)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/25/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., Jacob Kaplan Esq., and Teny Rose Geragos Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial to be continued on 7/27/17 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter David Roy.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
285 |
Filed: 7/24/2017, Entered: 7/24/2017 |
notice of attorney appearance - defendant |
|
NOTICE OF ATTORNEY APPEARANCE: Randy M. Mastro appearing for Evan Greebel (Mastro, Randy)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Jury Trial |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/24/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., Jacob Kaplan Esq., and Teny Rose Geragos Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witnesses sworn and testified. Exhibits marked and entered. Juor # 14 was discharge for the reasons that were stated on the record. Jury trial to be continued on 7/25/17 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter David Roy.) (Williams-Jackson, Sandra)
|
|
|
 |
|
|
284 |
Filed: 7/23/2017, Entered: 7/23/2017 |
Letter |
|
Letter in further response to the Government's Letter re Jury Instruction (Dkt. No. 280) as to Martin Shkreli (Agnifilo, Marc)
|
|
|
 |
|
|
283 |
Filed: 7/22/2017, Entered: 7/22/2017 |
Letter |
|
Letter response to the Government's Letter re Jury Instructions (Dkt. No. 280) as to Martin Shkreli (Agnifilo, Marc)
|
|
|
 |
|
|
282 |
Filed: 7/22/2017, Entered: 7/22/2017 |
Letter |
|
Letter in Further Support of Government's Letter re Admissibility of Settlement Agreements (Dkt. Nos. 277, 279) as to Martin Shkreli (Srinivasan, Girish)
|
|
|
 |
|
|
281 |
Filed: 7/22/2017, Entered: 7/22/2017 |
Letter |
|
Letter re Jury Instructions as to Martin Shkreli (Agnifilo, Marc)
|
|
|
 |
|
|
280 |
Filed: 7/22/2017, Entered: 7/22/2017 |
Letter |
|
Letter re Jury Instructions as to Martin Shkreli (Srinivasan, Girish)
|
|
|
 |
|
|
279 |
Filed: 7/22/2017, Entered: 7/22/2017 |
Letter |
|
Letter in response to the Government's Letter re Admissibility of Settlement Agreements as to Martin Shkreli (Zellan, Andrea)
|
|
|
 |
|
|
278 |
Filed: 7/22/2017, Entered: 7/22/2017 |
Letter |
|
Letter re Defendant's Objections (Dkt. No. 276) as to Martin Shkreli (Srinivasan, Girish)
|
|
|
 |
|
|
277 |
Filed: 7/21/2017, Entered: 7/21/2017 |
Letter |
|
Letter re Admissibility of Settlement Agreements as to Martin Shkreli (Smith, Alixandra)
|
|
|
 |
|
|
276 |
Filed: 7/21/2017, Entered: 7/21/2017 |
Letter |
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Letter regarding objections to admissibility of communications as to Martin Shkreli (Agnifilo, Marc)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/21/2017. After the jury was excused for the day, the court heard the parties' additional arguments regarding the following legal issues: (1) Defendant's objections to the government's proposed exhibits regarding emails: the court ordered that defendant provide the legal bases for any objections by the afternoon of 7/21, and the government respond by 9:00 a.m. on 7/22/17. If offered as a co-conspirator statement, the government shall cite to evidence that a recipient or sender of an email is a co-conspirator. (2) The government has requested leave to submit additional briefing for the admission of the settlement agreements of two MSMB Healthcare investors (SS and ML), and shall do so by the evening of 7/21/17, and the defendant shall respond by 1:00 p.m. on 7/22/17. In addition, during conferences with the parties on 7/20 and 7/21, the defense argued that the government has not proffered any evidence establishing that the defendant, as CEO and a Director of Retrophin, failed to comply with corporate obligations in connection with the settlement and consulting agreements. The court encouraged the parties to discuss whether Delaware law should be presented to the jury, if at all, through a witness or a jury instruction. After the conference, the court was advised in two separate phone calls by defense counsel Jacob Kaplan, Esq. and Andrea Zellen, Esq., that the parties agreed that the government would call a witness to explain Delaware corporate law and that the parties would not submit briefing on the issue, and further, that the defendant reserved his right to call a Delaware law witness. The court has reviewed Delaware General Corporation Law (DGCL) Section 144, cited by the government during the 7/21 conference, and is not convinced that the plain text of this provision applies to the settlement and consulting agreements. Moreover, the court is concerned that the possibility of dueling Delaware law witnesses may confuse the jury and usurp the role of the Court. Accordingly, in lieu of either party calling a witness to testify regarding Delaware law, the court directs the parties to submit a proposed jury instruction or stipulation regarding the obligations and restrictions, if any, imposed upon a corporate officer under Delaware law, with regard to the contested agreements in Count Seven. Proposed instructions or a stipulation must cite to supporting legal authority and shall be submitted for the court's consideration no later than 3:00 p.m. on Saturday, 7/22/17. (Matsumoto, Kiyo)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/21/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., Jacob Kaplan Esq., and Teny Rose Geragos Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witness on behalf of the government, Amy Merrill sworn and testified. Exhibits marked and entered. Jury trial to be continued on 7/24/17 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Richard Barry.) (Williams-Jackson, Sandra)
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Filed: None, Entered: None |
order on motion in limine |
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ORDER granting in part and denying in part [273] Government's Motion in Limine as to Martin Shkreli. (1) The court considered the submissions of the parties [273], [274], [275] and heard oral argument. The court denied the government's motion to admit the subscription agreements of the MSMB Capital investors specified in the government's motion. (2) The court granted the government's motion to admit the performance estimates sent to the MSMB Capital and MSMB Healthcare investors by Martin Shkreli and his employees and agents. The government will reserve decision regarding the performance estimates sent to investors by NAV, pending the receipt of additional evidence discussed at the oral argument. (3) By noon on 7/21/17, defendant shall submit a list of the emails to which he objects and the bases for his objections. In response, to the extent that defendant disputes that the individual is a co-conspirator, if the government contends that the email is sent to or by or copied to a co-conspirator, the government shall cite to evidence that supports its view that the individual is a co-conspirator. (4) The government has withdrawn without prejudice its motion to admit the consulting agreements of MSMB Healthcare investors SR and AG. (5) The government requested further briefing on the admissibility of the settlement agreements SS and ML. (6) With respect to the evidence to be admitted by the Standard Registrar, the government withdrew without prejudice its motion to admit the consulting agreement of AG, and will move to admit but will not seek testimony regarding the settlement agreements of SS and ML, pending further briefing and a decision regarding the admissibility of the settlement agreements. Ordered by Judge Kiyo A. Matsumoto on 7/21/2017. (Matsumoto, Kiyo)
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275 |
Filed: 7/20/2017, Entered: 7/20/2017 |
Response In Support |
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RESPONSE in Support re [273] MOTION in Limine To Admit Evidence of the Charged Crimes (Smith, Alixandra)
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274 |
Filed: 7/20/2017, Entered: 7/20/2017 |
Memorandum in opposition |
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MEMORANDUM in Opposition re [273] MOTION in Limine To Admit Evidence of the Charged Crimes (Attachments: # (1) Exhibit A: Transcript Excerpts) (Brafman, Benjamin)
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Filed: None, Entered: None |
Scheduling Order |
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SCHEDULING ORDER as to Martin Shkreli. The court will hear argument on the government's [273] motion and defendant's [274] response at 4:00 p.m. on Thursday, July 20, 2017. Ordered by Judge Kiyo A. Matsumoto on 7/20/2017. (Tata, Vivek)
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273 |
Filed: 7/19/2017, Entered: 7/19/2017, Terminated: 7/21/2017 |
Motion in Limine |
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MOTION in Limine To Admit Evidence of the Charged Crimes by USA as to Martin Shkreli. (Smith, Alixandra)
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272 |
Filed: 7/19/2017, Entered: 7/19/2017 |
Order |
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ORDER as to Martin Shkreli: That the Court compensate the eighteen (18) empaneled jurors in the above captioned case for their availability on July 20, 2017, at the daily juror fee rate of $50. Ordered by Judge Kiyo A. Matsumoto on 7/19/2017. (Williams-Jackson, Sandra)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/19/2017.AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., Jacob Kaplan Esq., and Teny Rose Geragos Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial to be continued on 7/21/17 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Richard Barry.) (Williams-Jackson, Sandra) (Entered: 07/20/2017)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/18/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., Jacob Kaplan Esq., and Teny Rose Geragos Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial to be continued on 7/19/17 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto (Court Reporter Richard Barry.) (Williams-Jackson, Sandra)
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271 |
Filed: 7/17/2017, Entered: 7/17/2017 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Teny Rose Geragos appearing for Martin Shkreli (Geragos, Teny)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/17/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., and Jacob Kaplan Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial to be continued on 7/18/17 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Richard Barry.) (Williams-Jackson, Sandra)
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Filed: None, Entered: None |
Order on Motion to Travel |
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ORDER granting [268] Motion to Travel as to Evan Greebel (2). Mr. Greebel shall provide his itinerary to his Pre-trial Services officer and report to Pre-trial Services after returning from his trip. Ordered by Judge Kiyo A. Matsumoto on 7/17/2017. (Williams-Jackson, Sandra)
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270 |
Filed: 7/15/2017, Entered: 7/15/2017 |
Letter |
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Letter in Reply to Defendant's Letter re Anticipated Testimony of Deborah Oremland as to Martin Shkreli (Attachments: # (1) Exhibit C, # (2) Exhibit D) (Srinivasan, Girish)
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269 |
Filed: 7/15/2017, Entered: 7/15/2017 |
Letter |
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Letter in Response to the Government re Anticipated Testimony of Deborah Oremland as to Martin Shkreli (Agnifilo, Marc)
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268 |
Filed: 7/14/2017, Entered: 7/14/2017, Terminated: 7/17/2017 |
Motion to Travel |
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Letter MOTION to Travel by Evan Greebel. (Rubin, Lisa)
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267 |
Filed: 7/14/2017, Entered: 7/14/2017 |
Letter |
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Letter re Anticipated Testimony of Deborah Oremland as to Martin Shkreli (Attachments: # (1) Exhibit A, # (2) Exhibit B) (Srinivasan, Girish)
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266 |
Filed: 7/14/2017, Entered: 7/14/2017 |
order on motion for extension of time to file |
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ORDER granting [265] Motion for Extension of Time to File as to Evan Greebel. The parties shall adhere to the attached amended pre-trial scheduling order. Prior to serving motions, the parties are ordered to meet and confer in a good faith effort to eliminate unnecessary motion practice, particularly with regard to motions in limine. Ordered by Judge Kiyo A. Matsumoto on 7/14/2017. (Tata, Vivek)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Jury Trial as to Martin Shkreli held on 7/14/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., and Jacob Kaplan Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial to be continued on 7/17/17 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto (Court Reporter Rivka Teich.) (Williams-Jackson, Sandra) (Entered: 07/13/2017) (Valderrama, Freddie)
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265 |
Filed: 7/13/2017, Entered: 7/13/2017, Terminated: 7/14/2017 |
Motion for Extension of Time |
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MOTION for Extension of Time to File Pretrial Materials by USA as to Evan Greebel. (Kessler, David)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/13/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., and Jacob Kaplan Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial to be continued on 7/14/17 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto (Court Reporter Rivka Teich.) (Williams-Jackson, Sandra)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/12/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., and Jacob Kaplan Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial to be continued on 7/13/17 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto (Court Reporter Rivka Teich.) (Williams-Jackson, Sandra)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/11/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., and Jacob Kaplan Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial to be continued on 7/12/17 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto (Court Reporter Lisa Schmid.) (Williams-Jackson, Sandra)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/10/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., and Jacob Kaplan Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial to be continued on 7/11/17 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto (Court Reporter Rivka Teich.) (Williams-Jackson, Sandra)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli continued on 7/7/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., and Jacob Kaplan Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial to be continued on 7/10/17 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto (Court Reporter Stacy Mace.) (Williams-Jackson, Sandra)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/6/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., and Jacob Kaplan Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial to be continued on 7/7/17 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Stacy Mace.) (Williams-Jackson, Sandra)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/5/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., and Jacob Kaplan Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial to be continued on 7/6/17 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Stacy Mace.) (Williams-Jackson, Sandra)
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Filed: None, Entered: None |
Order |
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ORDER as to Martin Shkreli re [263], [264] Letters dated 7/4/17. The court will hold in abeyance its order of July 4, 2017. Should the defense wish to offer into evidence a lengthy series or set of documents, however, it shall provide the documents pre-marked with exhibit numbers to the court for in camera review, accompanied by a brief explanation of the bases for their admissibility, with sufficient time to enable the court to issue a prompt ruling and avoid lengthy sidebars. Ordered by Judge Kiyo A. Matsumoto on 7/5/2017. (Tata, Vivek)
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Filed: None, Entered: None |
Order |
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ORDER as to Martin Shkreli re the government's [261] Motion for Order Limiting Extrajudicial Statements and, in addition or in the alternative, motion to semi-sequester the jury. Mr. Shkreli and Mr. Shkreli's counsel have agreed on the record that Mr. Shkreli will not make comments to the press regarding the case, evidence or witnesses within the courthouse or the courthouse perimeter, defined as Cadman Plaza East, Tillary Street, Adams Street, and the courthouse's northern boundary. The court so-ordered the defendant's agreement. As this order addresses the concern of the court and the parties that the comments regarding the case could expose the jury to prejudicial extrajudicial statements, the court denies as moot the government's [261] letter motion, with leave to renew. Ordered by Judge Kiyo A. Matsumoto on 7/5/2017. (Tata, Vivek)
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264 |
Filed: 7/4/2017, Entered: 7/4/2017 |
Letter |
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Letter in response to this Court's July 4, 2017 Order as to Martin Shkreli (Agnifilo, Marc)
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263 |
Filed: 7/4/2017, Entered: 7/4/2017 |
Letter |
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Letter Setting Forth Defendant Shkreli's Position as to the Admissibility under FRE of Emails and Other Communications as to Martin Shkreli (Zellan, Andrea)
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Filed: None, Entered: None |
Order |
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ORDER as to Martin Shkreli re [263] Letter dated 7/4/17, belatedly and generally proferring the evidentiary bases for the admission of unidentified defense exhibits. The tardy defense motion in limine fails to offer an explanation as to why the issues raised in the July 4 letter were not properly presented on the dates ordered by the court for motions in limine, in order to avoid delay of the trial and inconvenience to the jurors. The wholesale attempt last week by defense counsel to offer approximately 94 emails of their client, which necessitated a side bar, should not be repeated. Accordingly, the court orders that defense counsel submit a list of the documents it seeks to admit as described in their July 4 letter, with exhibit numbers, the names of the witnesses and the specific evidentiary bases for the admission of each exhibit. The court will hear oral argument at 9:00 a.m. on July 5. Ordered by Judge Kiyo A. Matsumoto on 7/4/2017. (Matsumoto, Kiyo)
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262 |
Filed: 7/3/2017, Entered: 7/3/2017 |
Letter |
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Letter in response to the Government's Motion to Limit Extrajudicial Statements as to Martin Shkreli (Brafman, Benjamin)
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261 |
Filed: 7/3/2017, Entered: 7/3/2017 |
Letter |
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Letter Motion for Order Limiting Extrajudicial Statements By Defendant and Counsel for All Parties as to Martin Shkreli (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F) (Srinivasan, Girish)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 6/30/2017.. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., and Jacob Kaplan Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial to be continued on 7/5/17 at 9:00am. (Court Reporter M. Luchesse.) (Williams-Jackson, Sandra) (Entered: 06/27/2017) (Court Reporter M. Lucchese.) (Williams-Jackson, Sandra)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 6/30/2017.. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., and Jacob Kaplan Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial to be continued on 7/5/17 at 9:00am. (Court Reporter M. Luchesse.) (Williams-Jackson, Sandra) (Entered: 06/27/2017) (Court Reporter M. Lucchese.) (Williams-Jackson, Sandra)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 6/29/2017. Jury Trial as to Martin Shkreli held on 6/28/2017. Case called. All jurors present. Witness sworn and testified. Exhibits marked and entered. Jury trial to be continued on 6/30/17 at 9:00am. (Court Reporter M. Lucchese.) (Williams-Jackson, Sandra)
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260 |
Filed: 6/28/2017, Entered: 6/28/2017 |
Letter |
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Letter on behalf of Retrophin, Inc. as to Martin Shkreli, Evan Greebel (Shapiro, Ian)
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Filed: None, Entered: None |
Order |
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ORDER as to [260] letter from non-party Retrophin, Inc. Retrophin shall coordinate with the parties regarding issues concerning its privilege. In the event that a matter relating to Retrophin's privilege requires the court's attention, counsel shall raise the issue during a recess or break. Counsel for Retrophin may not make objections from the gallery. Ordered by Judge Kiyo A. Matsumoto on 6/28/2017. (Tata, Vivek)
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Filed: None, Entered: None |
Jury Selection |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Selection as to Martin Shkreli held on 6/28/2017, Jury Trial as to Martin Shkreli held on 6/28/2017. The Court gave a brief overview of the case, conducted the Voir Dire and Jury Selection. The jury panel was selected and duly sworn for service. Counsel gave their opening statements. Jury trial to be continued on 6/29/17 at 9:00am. (Court Reporter Michele Lucchese.) (Williams-Jackson, Sandra)
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Filed: None, Entered: None |
Jury Selection |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Selection as to Martin Shkreli held on 6/27/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., and Jacob Kaplan Esq. appeared for Mr. Shkreli. Jury selection to be continued on 6/28/17. (Court Reporter M. Luchesse.) (Williams-Jackson, Sandra)
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| Save 25% on a pre-paid one year subscription. |
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Filed: None, Entered: None |
Jury Selection |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Selection as to Martin Shkreli held on 6/26/2017. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., and Jacob Kaplan Esq. appeared for Mr. Shkreli. Jury selection to be continued on 6/27/17. (Court Reporter M. Lucchese.) (Williams-Jackson, Sandra)
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Filed: None, Entered: None |
Order on Motion to Modify Conditions of Release |
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ORDER terminate [246] Motion to Modify Conditions of Release as to Martin Shkreli (1); terminating[255] Motion for Hearing as to Martin Shkreli (1) Ordered by Judge Kiyo A. Matsumoto on 6/26/2017. (Williams-Jackson, Sandra)
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Filed: None, Entered: None |
Order on Motion to Modify Conditions of Release |
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ORDER deferring ruling on [246] Motion to Modify Conditions of Release as to Martin Shkreli. As discussed at the oral argument on June 19, 2017, the court reserved decision on Mr. Shkreli's motion to modify his conditions of release pending additional documentation to be provided to the government and the court regarding the proposed distribution of the funds sought to be released. Ordered by Judge Kiyo A. Matsumoto on 6/26/2017. (Matsumoto, Kiyo)
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259 |
Filed: 6/25/2017, Entered: 6/25/2017 |
Order |
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ORDER as to Martin Shkreli. As set forth in the attached Memorandum and Order, the court grants in part [256] the EDNY press pool's request to have a reporter present at sidebar voir dire. The court orders, inter alia, that (i) the parties shall not use juror names during voir dire or during trial, and the list of jurors will not be released until the end of trial; (ii) a single pool reporter may attend voir dire sidebars to observe and take notes, but must leave the sidebar area if the court so orders; (iii) the press may request transcripts of the voir dire sidebars; and (iv) within the United States Courthouse for the Eastern District of New York, the press, including representatives of the print and broadcast media, sketch artists, photographers, free-lance journalists, authors, and writers, shall not sketch or photograph any juror or prospective juror in this case. Ordered by Judge Kiyo A. Matsumoto on 6/25/2017. (Tata, Vivek)
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258 |
Filed: 6/25/2017, Entered: 6/25/2017 |
Motion for Reconsideration |
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MOTION for Reconsideration re [257] Order on Motion in Limine,,, by Martin Shkreli. (Brafman, Benjamin)
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Filed: None, Entered: None |
Order |
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ORDER as to Martin Shkreli. The court is in receipt of Mr. Shkreli's [258] Motion for Reconsideration. The court advises the parties that its summary and discussion of the parties' arguments in its [257] Memorandum and Order were not findings or assumptions regarding the evidence in this case. The government shall file a response to Mr. Shkreli's motion by 12:00p.m. Monday, June 26, 2017, and the court will hear oral argument on this motion at the conclusion of voir dire and before trial. Ordered by Judge Kiyo A. Matsumoto on 6/25/2017. (Tata, Vivek)
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 |
|
|
257 |
Filed: 6/24/2017, Entered: 6/24/2017 |
order on motion in limine |
|
ORDER as to Martin Shkreli. As set forth in the attached Memorandum and Order, the court grants in part and denies in part certain of the [229], [230] parties' motions in limine, and reserves judgment on the remainder. Ordered by Judge Kiyo A. Matsumoto on 6/24/2017. (Tata, Vivek)
|
|
|
 |
|
|
256 |
Filed: 6/22/2017, Entered: 6/22/2017 |
Letter |
|
Letter dtd 6/20/17 from EDNY Press pool as to Martin Shkreli. (Williams-Jackson, Sandra)
|
|
|
 |
|
|
255 |
Filed: 6/22/2017, Entered: 6/22/2017, Terminated: 6/26/2017 |
Motion for Hearing |
|
MOTION for Hearing on June 22, 2017 by Martin Shkreli. (Agnifilo, Marc)
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|
|
 |
|
|
|
Filed: None, Entered: None |
Pretrial Conference |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Conference as to Martin Shkreli held on 6/22/2017. AUSAs Jacquelyn Kasulis, Esq., Alixandra Smith, Esq., and G. Karthik Srinivasan, Esq. appeared for the government; Benjamin Brafman, Esq., Marc A. Agnifilo, Esq. and Andrea Zellan, Esq. appeared for Mr. Shkreli; Katherine Bolger, Esq. represented the EDNY press pool. The court heard argument from the parties and the press representative regarding [256] the EDNY press pool's request to have a pool reporter present at voir dire sidebars. The court will take these arguments under advisement and issue a decision at a later time. The court also heard the parties' discussion concerning [255] Mr. Shkreli's letter regarding trial subpoenas of defense witnesses. (Court Reporter: Victoria Torres-Butler) (Tata, Vivek)
|
|
|
 |
|
|
254 |
Filed: 6/21/2017, Entered: 6/21/2017 |
Letter |
|
Letter in response to request from EDNY press pool as to Martin Shkreli (Brafman, Benjamin)
|
|
|
 |
|
|
253 |
Filed: 6/21/2017, Entered: 6/21/2017 |
Letter |
|
Letter in response to request from EDNY press pool as to Martin Shkreli (Smith, Alixandra)
|
|
|
 |
|
|
252 |
Filed: 6/21/2017, Entered: 6/21/2017 |
Letter |
|
Letter re: press pool as to Martin Shkreli, Evan Greebel (Brodsky, Reed)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Scheduling Order |
|
SCHEDULING ORDER as to Martin Shkreli. The court will hold a conference on the EDNY press pool's request to attend voir dire of prospective jurors at sidebar, and on the [253][254] parties' responses to that request. The conference will take place at 2:00 p.m. on Thursday, June 22, 2017 in Courtroom 6C South. Ordered by Judge Kiyo A. Matsumoto on 6/21/2017. (Tata, Vivek)
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|
|
 |
|
|
|
Filed: None, Entered: None |
Order |
|
ORDER as to Martin Shkreli, Evan Greebel. The court has been advised that members of the Eastern District press pool have contacted the Eastern District Executive requesting, inter alia, that one pool reporter be permitted to attend individual voir dire of prospective jurors at sidebar, listen, and take notes. The court directs the parties to submit their views on this request by 5:30 p.m. today, 6/21/17. Ordered by Judge Kiyo A. Matsumoto on 6/21/2017. (Matsumoto, Kiyo)
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|
|
 |
|
|
|
Filed: None, Entered: None |
Pretrial Conference |
|
Minute Entry for proceedings held on June 19, 2017 before Judge Kiyo A. Matsumoto: Pretrial Conference as to Martin Shkreli. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., and Jacob Kaplan Esq. appeared for Mr. Shkreli. The parties discussed Mr. Shkreli's [246] motion to modify conditions of release as well as preliminary and logistical matters relating to the trial, and the court heard oral argument on the parties' motions in limine. The parties have advised the court that they expect trial to last approximately five weeks; the parties are directed to promptly notify the court if their estimated time for trial changes. The court has taken the parties' arguments on their motions in limine under advisement and will issue a decision at a later date. The parties are advised that jury selection will begin at 9 a.m. on June 26, 2017, in the Ceremonial Courtroom on the Second Floor of the courthouse. Court reporter: Georgette Betts. (Tata, Vivek)
|
|
|
 |
|
|
251 |
Filed: 6/16/2017, Entered: 6/16/2017 |
Order |
|
ORDER granting non-party Retrophin's [244] proposed 502(d) order. Ordered by Judge Kiyo A. Matsumoto on 6/16/2017. (Tata, Vivek)
|
|
|
 |
|
|
250 |
Filed: 6/16/2017, Entered: 6/16/2017 |
Letter |
|
Letter re Rule 16 Discovery as to Martin Shkreli, Evan Greebel (Smith, Alixandra)
|
|
|
 |
|
|
249 |
Filed: 6/16/2017, Entered: 6/16/2017 |
Letter |
|
Letter to Hon. Matsumoto regarding June 19, 2017 Status Conference as to Martin Shkreli (Brafman, Benjamin)
|
|
|
 |
|
|
248 |
Filed: 6/15/2017, Entered: 6/15/2017 |
Reply to Response |
|
REPLY TO RESPONSE to Motion re [230] MOTION in Limine (in response to Shkreli's sur-reply, Dkt. No. 241) (Smith, Alixandra)
|
|
|
 |
|
|
247 |
Filed: 6/15/2017, Entered: 6/15/2017 |
Letter |
|
Letter Identifying Statements and Subjects for Oral Argument as to Martin Shkreli (Attachments: # (1) Exhibit 1 (Chart of Parties' Positions on Admissibility of Shkreli's Prior Statements)) (Smith, Alixandra)
|
|
Request |
 |
|
|
246 |
Filed: 6/15/2017, Entered: 6/15/2017, Terminated: 6/28/2017 |
motion to modify conditions of release |
|
MOTION to Modify Conditions of Release by Martin Shkreli. (Attachments: # (1) Proposed Order) (Brafman, Benjamin)
|
|
Request |
 |
|
|
245 |
Filed: 6/13/2017, Entered: 6/13/2017 |
Letter |
|
Letter seeking permission to respond to new legal arguments in defendant Shkreli's sur-reply as to Martin Shkreli (Smith, Alixandra)
|
|
|
 |
|
|
244 |
Filed: 6/13/2017, Entered: 6/13/2017 |
Letter |
|
Letter on behalf of Retrophin, Inc. in response to Mr. Shkreli 's Counsel's letter dated June 11, 2017 as to Martin Shkreli, Evan Greebel (Attachments: # (1) Proposed Order Proposed 502 D Order) (Shapiro, Ian)
|
|
Request |
 |
|
|
243 |
Filed: 6/13/2017, Entered: 6/13/2017 |
Letter |
|
Letter Updating the Court as to June 11, 2017 Letter (Dkt. No. 238) as to Martin Shkreli (Zellan, Andrea)
|
|
|
 |
|
|
242 |
Filed: 6/13/2017, Entered: 6/13/2017 |
Order |
|
ORDER as to [239] Scheduling Letter and [240] proposed stipulation as to Martin Shkreli. The court hereby orders the [240] proposed stipulation. With regard to the [239] Scheduling Letter, the court grants Mr. Shkreli's request to submit a sur-reply and grants his request for oral argument on the pending motions in limine. The court will hear oral argument on these motions during the pre-trial conference currently scheduled for June 19, 2017 at 10:30 am. By June 15, 2017, the parties shall submit a joint letter identifying the specific statements or subjects for which they will offer argument. Ordered by Judge Kiyo A. Matsumoto on 6/13/2017. (Tata, Vivek)
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|
|
 |
|
|
|
Filed: None, Entered: None |
Order |
|
ORDER as to Martin Shkreli. The government has submitted [245] a letter requesting permission to file a response to Mr. Shkreli's [241] sur-reply memorandum on the government's motions in limine. The government may file a short letter brief by June 15, 2017, responding only to new legal arguments in Mr. Shkreli's [241] sur-reply. Ordered by Judge Kiyo A. Matsumoto on 6/13/2017. (Tata, Vivek)
|
|
|
 |
|
|
241 |
Filed: 6/12/2017, Entered: 6/12/2017 |
Response In Opposition |
|
RESPONSE in Opposition re [230] MOTION in Limine and [237] Reply to Response to Motion (Agnifilo, Marc)
|
|
Request |
 |
|
|
240 |
Filed: 6/12/2017, Entered: 6/12/2017 |
Letter |
|
Letter attaching stipulation and proposed order governing Section 3500 Material as to Martin Shkreli (Attachments: # (1) Proposed Order) (Smith, Alixandra)
|
|
Request |
 |
|
|
239 |
Filed: 6/12/2017, Entered: 6/12/2017 |
Letter |
|
Letter Re: Scheduling as to Martin Shkreli (Brafman, Benjamin)
|
|
Request |
 |
|
|
238 |
Filed: 6/11/2017, Entered: 6/11/2017 |
Letter |
|
Letter to Hon. Matsumoto in response to the Court's June 10, 2017 Order as to Martin Shkreli (Attachments: # (1) Exhibit A) (Agnifilo, Marc)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Order on Motion to Compel |
|
ORDER finding as moot, absent clarification from Martin Shkreli [103] regarding his Motion to Compel production of Retrophin Documents.ORDER as to Martin Shkreli. In response to the court's orders regarding Mr. Shkreli's motion to compel production of non-party Retrophin documents, Retrophin, by letter dated May 19, 2017 [doc.225], reported that it has reviewed and revised its assertions of attorney-client privilege concerning particular communications reflected in Retrophin's documents. Retrophin's 5/19/17 letter advised that there are 50 unique documents over which it still asserts a privilege. Retrophin has proposed redactions for most of those 50 documents, and has indicated that it intends to withhold several others. By June 13, 2017, Mr. Shkreli shall specify which, if any, of Retrophin's privilege determinations he wishes the court to review, or the court will accept Retrophin's privilege determinations as final and deem Mr. Shkreli's motion to be moot. Moreover, because Mr. Shkreli has not availed himself of the opportunity by the court ordered deadlines, to provide the court with explanations regarding his need for, and the relevance of, documents claimed by Retrophin to be protected by the attorney-client privilege, the Court deems withdrawn Mr. Shkreli's prior arguments that he should be permitted to breach the privilege where it has properly been asserted. Ordered by Judge Kiyo A. Matsumoto on 6/10/2017. (Matsumoto, Kiyo)
|
|
|
 |
|
|
237 |
Filed: 6/9/2017, Entered: 6/9/2017 |
Reply to Response |
|
REPLY TO RESPONSE to Motion re [230] MOTION in Limine (Srinivasan, Girish)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Order |
|
ORDER as to Martin Shkreli's [234] motion for an updated witness list. The parties are respectfully directed to update each other on a continuing basis as they finalize their witness lists. The government is also respectfully directed to inform Mr. Shkreli, by June 13, 2017, of the witnesses it plans to call during the first three days of its case-in-chief. The parties shall be prepared to exchange a updated and final witness list at or before the pretrial conference, currently scheduled for June 19, 2017. Ordered by Judge Kiyo A. Matsumoto on 6/9/2017. (Tata, Vivek)
|
|
|
 |
|
|
236 |
Filed: 6/8/2017, Entered: 6/8/2017 |
Letter |
|
Letter re Rule 16 Discovery as to Martin Shkreli, Evan Greebel (Smith, Alixandra)
|
|
|
 |
|
|
235 |
Filed: 6/8/2017, Entered: 6/8/2017 |
Response In Opposition |
|
RESPONSE in Opposition re [229] MOTION in Limine to Preclude Statements (Smith, Alixandra)
|
|
Request |
 |
|
|
234 |
Filed: 6/7/2017, Entered: 6/7/2017 |
Memorandum in opposition |
|
MEMORANDUM in Opposition re [230] MOTION in Limine (Agnifilo, Marc)
|
|
Request |
 |
|
|
233 |
Filed: 6/3/2017, Entered: 6/3/2017 |
Letter |
|
Letter re Rule 16 Discovery as to Martin Shkreli, Evan Greebel (Smith, Alixandra)
|
|
|
 |
|
|
232 |
Filed: 6/2/2017, Entered: 6/2/2017 |
Letter |
|
Letter to Judge Matsumoto re: Compliance With Scheduling Order as to Martin Shkreli (Zellan, Andrea)
|
|
|
 |
|
|
231 |
Filed: 6/1/2017, Entered: 6/1/2017 |
Order |
|
ORDER granting [225] Proposed Order. So Ordered by Judge Kiyo A. Matsumoto on 5/26/2017. (Tavarez, Jennifer)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Scheduling Order |
|
SCHEDULING ORDER as to Martin Shkreli. As [228] proposed by the parties, responses to the motions in limine filed on June 1, 2017 shall be filed by June 7, 2017, and replies, if any, shall be filed by June 9, 2017. Ordered by Judge Kiyo A. Matsumoto on 6/1/2017. (Tata, Vivek)
|
|
|
 |
|
|
230 |
Filed: 5/31/2017, Entered: 5/31/2017, Terminated: 6/24/2017 |
Motion in Limine |
|
MOTION in Limine by USA as to Martin Shkreli. (Smith, Alixandra)
|
|
Request |
 |
|
|
229 |
Filed: 5/31/2017, Entered: 5/31/2017, Terminated: 6/24/2017 |
Motion in Limine |
|
MOTION in Limine to Preclude Statements by Martin Shkreli. (Agnifilo, Marc)
|
|
|
 |
|
|
228 |
Filed: 5/31/2017, Entered: 5/31/2017 |
Letter |
|
Letter re Briefing Schedule for Motions in Limine as to Martin Shkreli (Smith, Alixandra)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Order on Motion to Travel |
|
ORDER granting Evan Greebel's [227] Motion to Travel. Mr. Greebel shall provide his itinerary to his Pre-trial Services officer and report to Pre-trial Services after returning from his trip. Ordered by Judge Kiyo A. Matsumoto on 5/25/2017. (Tata, Vivek)
|
|
|
 |
|
|
227 |
Filed: 5/24/2017, Entered: 5/24/2017, Terminated: 5/25/2017 |
Motion to Travel |
|
MOTION to Travel by Evan Greebel. (Rubin, Lisa)
|
|
|
 |
|
|
226 |
Filed: 5/21/2017, Entered: 5/21/2017 |
Letter |
|
Letter re Rule 16 Discovery as to Martin Shkreli, Evan Greebel (Smith, Alixandra)
|
|
Request |
 |
|
|
225 |
Filed: 5/19/2017, Entered: 5/19/2017 |
Letter |
|
Letter on behalf of Retrophin, Inc. pursuant to the Court's May 11 and May 12 Orders as to Martin Shkreli, Evan Greebel (Attachments: # (1) Proposed Order Proposed 502(d) Order and Appendix A, # (2) Exhibit Redacted Privilege Logs) (Shapiro, Ian)
|
|
Request |
 |
|
|
224 |
Filed: 5/19/2017, Entered: 5/19/2017 |
Order |
|
ORDER: It is hereby ORDERED pursuant to FRCP6(e)(3)(E)(i), that the government shall produce to the defendants, through their counsel, copies of all grand jury subpoenas served on Retrophin, Inc., in connection with the above case; and it is further ORDERED that the defendants and their counsel may not disseminate or disclose such subpoenas to any other person as to Martin Shkreli, Evan Greebel re [223] Letter. Ordered by Judge Kiyo A. Matsumoto on 5/19/2017. (Williams-Jackson, Sandra)
|
|
|
 |
|
|
223 |
Filed: 5/19/2017, Entered: 5/19/2017 |
Letter |
|
Letter Enclosing Proposed Disclosure Order as to Martin Shkreli, Evan Greebel (Attachments: # (1) Proposed Order) (Smith, Alixandra)
|
|
Request |
 |
|
|
222 |
Filed: 5/16/2017, Entered: 5/16/2017 |
Order on Motion to Suppress |
|
ORDER. For the reasons stated in the attached Memorandum and Order, the court denies Martin Shkreli's [174] Motion to Suppress and denies without prejudice his Motion for Prompt Production of Brady Materials. The court will address Mr. Shkreli's Motion to Compel Production of Documents in a separate order. Ordered by Judge Kiyo A. Matsumoto on 5/16/2017. (Tata, Vivek)
|
|
Request |
 |
|
|
221 |
Filed: 5/16/2017, Entered: 5/16/2017 |
transcript |
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on May 12, 2017, before Judge matusmoto. Court Reporter/Transcriber Rivka Teich, Telephone number 718-613-2268. Email address: rivkateich@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/6/2017. Redacted Transcript Deadline set for 6/16/2017. Release of Transcript Restriction set for 8/14/2017. (Teich, Rivka)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Motion Hearing |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto. Appearances: Jacquelyn Kasulis, Esq., Alixandra Smith, Esq., and Girish Karthik Srinivasan, Esq., for the government; Reed Brodsky, Esq. and Lisa Rubin, Esq., for defendant Evan Greebel. Court Reporter: Angela Grant. The court heard arguments on Mr. Greebel's [177] Motion to Strike Surplusage and Motion to Dismiss Count Eight of the Superseding Indictment, and will issue a decision at a later time. (Tata, Vivek)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Motion Hearing |
|
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto. Appearances: William Schwartz, Esq., Nicholas Flath, Esq., and Ian Shapiro, Esq., for non-party Retrophin Inc.; Marc Agnifilo, Esq. and Andrea Zellan, Esq. for defendant Martin Shkreli; Alixandra Eleis Smith, Esq., for the government. The court heard arguments on Martin Shkreli's [174] Motion to Compel Production of Documents. The court modifies its order of May 11, 2017, as follows: by May 19, 2017, Retrophin shall provide a revised privilege log and documents for in camera review by the court, as described in the May 11, 2017 order. As agreed by the parties, in its review, Retrophin shall prioritize the documents which Mr. Shkreli has not previously reviewed, and shall provide an updated set of descriptions and privilege log to Mr. Shkreli for those documents by May 17, 2017. It shall provide Mr. Shkreli with the revised privilege log by May 19, 2017. By May 26, 2017, Mr. Shkreli shall provide the court with a specific explanation of the relevance of any privileged document he seeks to admit at trial to his anticipated defenses, and the constitutional basis for breaching Retrophin's asserted privilege. The government and counsel for Mr. Shkreli shall confer regarding Mr. Shkreli's request to review the grand jury subpoenas issued to Retrophin and described in the government's [220] May 8, 2017 letter to the court, and, if necessary, shall by May 19, 2017 provide the court with a proposed protective order enabling Mr. Shkreli to review the subpoenas. (Court reporter: Rivka Teich.) (Tata, Vivek)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Order |
|
ORDER as to non-party Retrophin, Inc. The court has reviewed considerable portions of Retrophin's [210] submission of documents over which Retrophin claims an attorney-client privilege. The court has identified multiple examples of duplicate submissions (e.g. BA_0009582, BA_0033286, BA_0008857, BA_0029458; KAT_R_0005380, KAT_R_0007831), as well as incorrect and inconsistent redactions or withholdings (e.g. BA_0047873; BA_0008930; compare BA_0008857, BA_0032423), and orders that Retrophin shall, by May 17, 2017, resubmit the set of documents over which it claims a privilege. In its revised submission, Retrophin is directed to: (i) identify by Bates number all duplicates, including multiple stages or variants of the same email correspondence; (ii) provide a single example of each duplicate for the court's review; (iii) on a revised privilege log, aggregate and list all Bates numbers of duplicate documents in a single entry of the privilege log; and (iv) ensure that it withholds or redacts in a consistent manner. Retrophin shall also review the documents claimed to be privileged to ensure that it is redacting or withholding only "communications...for the purpose of obtaining or providing legal advice." See United States v. Mejia, 655 F.3d 126, 132 (2d Cir. 2011). For any communication where the purpose of the redaction or withholding is not self-evident, Retrophin must submit, ex parte, a brief justification for asserting the attorney-client privilege. Ordered by Judge Kiyo A. Matsumoto on 5/11/2017. (Tata, Vivek)
|
|
|
 |
|
|
220 |
Filed: 5/8/2017, Entered: 5/8/2017 |
Letter |
|
Letter attaching subpoena requests served on Retrophin and addressing statements of defendant Shkreli in connection with his motion to suppress (Dkt. No. 174) as to Martin Shkreli (Attachments: # (1) Exhibit A) (Smith, Alixandra)
|
|
Request |
 |
|
|
|
Filed: None, Entered: None |
Order |
|
ORDER as to Evan Greebel's [219] letter requesting permission not to attend oral argument. Neither Mr. Greebel nor his counsel are required to attend the May 12, 2017 oral argument. The court will address Mr. Greebel's request to "receive copies of any and all documents that Retrophin has produced and/or will be ordered to produce" at a later time. Ordered by Judge Kiyo A. Matsumoto on 5/8/2017. (Tata, Vivek)
|
|
|
 |
|
|
219 |
Filed: 5/5/2017, Entered: 5/5/2017 |
Letter |
|
Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re permission not to attend oral argument as to Evan Greebel (Brodsky, Reed)
|
|
|
 |
|
|
218 |
Filed: 5/4/2017, Entered: 5/4/2017 |
Memorandum in opposition |
|
MEMORANDUM in Opposition re [174] MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents , submitted on behalf of nonparty Retrophin, Inc. (Attachments: # (1) Declaration of Nicholas Flath, # (2) Exhibit A) (Schwartz, William)
|
|
Request |
 |
|
|
217 |
Filed: 5/4/2017, Entered: 5/4/2017 |
Order |
|
ORDER. The court so-orders non-party Retrophin, Inc.'s proposed order regarding the exchange of 32 documents specified in Attachment 3 to its [210] letter to the court. Ordered by Judge Kiyo A. Matsumoto on 5/4/2017. (Tata, Vivek)
|
|
|
 |
|
|
216 |
Filed: 4/27/2017, Entered: 4/27/2017 |
Letter |
|
Letter on behalf of non-party Retrophin, Inc. and in response to Mr. Shkrelis Memorandum of Law in Further Support of his motion to compel (ECF No. 211) as to Martin Shkreli, Evan Greebel (Schwartz, William)
|
|
|
 |
|
|
215 |
Filed: 4/27/2017, Entered: 4/27/2017 |
Order |
|
ORDER as to Evan Greebel granting [214] Letter. ORDER TO CONTINUE - Ends of Justice as to Evan Greebel Time excluded from 6/26/17 until 10/16/17.Ordered by Judge Kiyo A. Matsumoto on 4/27/2017. (Williams-Jackson, Sandra)
|
|
|
 |
|
|
214 |
Filed: 4/27/2017, Entered: 4/27/2017 |
Letter |
|
Letter filed jointly by the parties seeking the exclusion of time pursuant to the Speedy Trial Act until October 16, 2017 as to Evan Greebel (Smith, Alixandra)
|
|
|
 |
|
|
213 |
Filed: 4/27/2017, Entered: 4/27/2017 |
Scheduling Order |
|
SCHEDULING ORDER as to Evan Greebel. The parties shall adhere to the attached amended pre-trial scheduling order. Ordered by Judge Kiyo A. Matsumoto on 4/27/2017. (Tata, Vivek)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Order |
|
ORDER as to [216] Letter on behalf of non-party Retrophin. Retrophin may submit a reply brief by May 4, 2017 to address the additional argument made in Martin Shkreli's [211] Memorandum in Support of his motion. In its brief, Retrophin shall identify which, if any, documents in the privilege log submitted on April 26, 2017 have been disclosed to the government or any individual or entity other than Retrophin personnel or Retrophin counsel. For any such document, Retrophin shall also provide a brief description of the circumstances and conditions under which it was disclosed (e.g. grand jury subpoena, confidentiality agreement, etc.) Oral arguments on this motion will be held on May 12, 2017 at 10:00a.m. Ordered by Judge Kiyo A. Matsumoto on 4/27/2017. (Tata, Vivek)
|
|
|
 |
|
|
212 |
Filed: 4/26/2017, Entered: 4/26/2017 |
Letter |
|
Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re Mr. Shkreli's motion to compel additional documents from Retrophin, Inc. as to Evan Greebel (Brodsky, Reed)
|
|
|
 |
|
|
211 |
Filed: 4/26/2017, Entered: 4/26/2017 |
Memorandum In Support |
|
MEMORANDUM in Support re [174] MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents submitted pursuant to this Court's April 19, 2017 Order (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4) (Brafman, Benjamin)
|
|
|
 |
|
|
210 |
Filed: 4/26/2017, Entered: 4/26/2017 |
Letter |
|
Letter on behalf of non-party Retrophin, Inc. and in compliance with the Court's April 19, 2017 order concerning Mr. Shkreli's motion to compel as to Martin Shkreli, Evan Greebel (Attachments: # (1) Exhibit Privilege Log Redacted, # (2) Exhibit List of Persons Named on Privilege Log Redacted, # (3) Proposed Order Proposed 502D Order) (Schwartz, William)
|
|
|
 |
|
|
|
Filed: None, Entered: None |
Status Conference |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Conference and oral argument held on April 26, 2017 re Martin Shkreli's [174] Motion to Suppress and Motion for Prompt Production of Brady Materials. AUSAs Jacquelyn Kasulis, Alixandra Smith, and Girish Karthik Srinivasan appeared for the government; Benjamin Brafman, Marc A. Agnifilo, and Andrea Zellan appeared for Mr. Shkreli. Court Reporter: Richard Barry. Arguments heard on Mr. Shkreli's motions. The court has taken the arguments under advisement and will issue a decision at a later time. (Tata, Vivek)
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Filed: None, Entered: None |
Order on Motion for Hearing |
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ORDER granting Evan Greebel's [208] request to postpone oral argument on his [177] Motion to Strike Surplusage and Motion to Dismiss Count Eight of the Superseding Indictment. The court will hear oral argument on these motions on May 15, 2017 at 2:00 p.m. The conference and oral argument on [174] Martin Shkreli's Motion to Suppress and Motion for Prompt Production of Brady Materials will be held on April 26, 2017 at 2:00 pm as previously scheduled. Mr. Greebel is not required to attend the April 26, 2017 oral argument, but may attend if he wishes. Ordered by Judge Kiyo A. Matsumoto on April 24, 2017. (Tata, Vivek)
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209 |
Filed: 4/21/2017, Entered: 4/21/2017 |
Letter |
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Letter pursuant to Paragraph 3 of the Court's January 13, 2017 Amended Criminal Pretrial Scheduling Order (Dkt. 147) (the Amended Scheduling Order) and the April 20, 2017 Order re preliminary pre-trial submissions as to Evan Greebel (Attachments: # (1) Proposed Verdict Form, # (2) Proposed Voir Dire, # (3) Proposed Requests to Charge) (Brodsky, Reed)
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208 |
Filed: 4/21/2017, Entered: 4/21/2017, Terminated: 4/24/2017 |
Motion for Hearing |
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Letter MOTION for Hearing / Request to postpone the oral argument by Evan Greebel. (Brodsky, Reed)
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207 |
Filed: 4/21/2017, Entered: 4/21/2017 |
Letter |
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Letter Attaching Government's Disclosures Pursuant to the Court's January 13, 2017 Pretrial Order as to Martin Shkreli, Evan Greebel (Attachments: # (1) Exhibit B1 (Government's Voir Dire Requests for Shkreli), # (2) Exhibit B2 (Government's Voir Dire Requests for Greebel), # (3) Exhibit C1 (Government's Requests to Charge for Shkreli), # (4) Exhibit C2 (Government's Requests to Charge for Greebel), # (5) Exhibit D1 (Government's Proposed Verdict Sheet for Shkreli), # (6) Exhibit D2 (Government's Proposed Verdict Sheet for Shkreli), # (7) Exhibit E (Government's Preliminary Exhibit List)) (Smith, Alixandra)
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206 |
Filed: 4/21/2017, Entered: 4/21/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli, Evan Greebel held on April 7, 2017, before Judge Matsumoto. Court Reporter/Transcriber H. Driscoll, Telephone number 718-613-2274. Email address: hdrisc@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/12/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/20/2017. (Driscoll, Holly)
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Request |
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205 |
Filed: 4/21/2017, Entered: 4/21/2017 |
witness list |
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WITNESS LIST by Martin Shkreli (Attachments: # (1) Supplement List of Names and Businesses) (Brafman, Benjamin)
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Request |
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204 |
Filed: 4/21/2017, Entered: 4/21/2017 |
proposed voir dire |
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Proposed Voir Dire by Martin Shkreli (Brafman, Benjamin)
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203 |
Filed: 4/21/2017, Entered: 4/21/2017 |
Proposed Jury Instructions/Verdict Form |
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Proposed Jury Instructions by Martin Shkreli (Brafman, Benjamin)
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202 |
Filed: 4/21/2017, Entered: 4/21/2017 |
Exhibit |
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EXHIBIT LIST by Martin Shkreli (Brafman, Benjamin)
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Request |
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201 |
Filed: 4/21/2017, Entered: 4/21/2017 |
Letter |
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Letter Regarding Pretrial Submissions as to Martin Shkreli (Brafman, Benjamin)
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200 |
Filed: 4/20/2017, Entered: 4/20/2017 |
Letter |
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Letter re Rule 16 Discovery (Corrected Version of Letter filed as Dkt No. 199) as to Martin Shkreli, Evan Greebel (Smith, Alixandra)
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199 |
Filed: 4/20/2017, Entered: 4/20/2017 |
Letter |
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Letter re Rule 16 Discovery as to Martin Shkreli, Evan Greebel (Smith, Alixandra)
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Filed: None, Entered: None |
Order |
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ORDER. All parties and counsel shall appear on April 26, 2017 at 2:00p.m. for a status conference and oral argument on the following pending motions: Evan Greebel's [177] Motions to Strike Surplusage and to Dismiss Count Eight of the Superseding Indictment, and Martin Shkreli's [174] Motion to Suppress and Motion for Prompt Production of Brady Materials. Mr. Shkreli's Motion to Compel will be addressed separately, following the schedule set forth in the court's April 19, 2017 Order. Ordered by Judge Kiyo A. Matsumoto on April 20, 2017. (Tata, Vivek) .
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Filed: None, Entered: None |
Order |
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ORDER as to Martin Shkreli, Evan Greebel re 1/13/17 ORDER [147] and 4/19/17 Order on Motion to Sever Trials of Defendants [198]: As previously ordered on 1/13/17, and in the Memorandum and Order dated 4/19/17 granting defendants' motion to sever their trials, all parties are expected to exchange and file via ECF the items specified in Paragraph 3 of the 1/13/17 Order by April 21, 2017. Ordered by Judge Kiyo A. Matsumoto on 4/20/2017. (Matsumoto, Kiyo)
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198 |
Filed: 4/19/2017, Entered: 4/19/2017 |
order on motion to sever defendant |
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ORDER. For the reasons stated in the attached Memorandum and Order, the court GRANTS [161] Motion to Sever Defendant as to Martin Shkreli and GRANTS [158] Motion to Sever Defendant as to Evan Greebel. The parties shall adhere to the amended pre-trial scheduling order. The court will issue a trial date for Mr. Greebel in a subsequent order. Ordered by Judge Kiyo A. Matsumoto on April 19, 2017. (Tata, Vivek)
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197 |
Filed: 4/19/2017, Entered: 4/19/2017 |
transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli, Evan Greebel held on January 26, 2017, before Judge Matsumoto. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/10/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/18/2017. (Heading, Charleane)
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Request |
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196 |
Filed: 4/19/2017, Entered: 4/19/2017, Terminated: 4/19/2017 |
Motion to Travel |
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MOTION to Travel by Martin Shkreli. (Brafman, Benjamin)
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195 |
Filed: 4/19/2017, Entered: 4/19/2017 |
Order |
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STIPULATION and ORDER. The court so-orders the Stipulation and Order regarding the exchange of commercially sensitive documents filed by non-party Retrophin as Exhibit A to its letter to the court [191]. Ordered by Judge Kiyo A. Matsumoto on April 19, 2017. (Tata, Vivek)
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Filed: None, Entered: None |
Order on Motion to Travel |
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ORDER granting [196] Motion to Travel as to Martin Shkreli (1). Mr. Shkreli shall provide his itinerary to his Pre-trial Services officer and report to Pre-trial Services after returning from his trip. Ordered by Judge Kiyo A. Matsumoto on 4/19/2017. (Williams-Jackson, Sandra)
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Filed: None, Entered: None |
Order |
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ORDER as to [194] Letter on behalf of non-party Retrophin Inc. ORDERED that by April 26, 2017 Retrophin provide, for in-camera review, copies of documents in dispute. Retrophin shall separately file a privilege log based on the log provided by counsel for Martin Shkreli as Exhibit 5 to his [174] Motion to Compel Production of Documents, including the same color-coding but updated as necessary to reflect the waiver of privilege over the documents identified in Exhibit D to counsel for Retrophin's [188] Affidavit in Opposition. Retrophin shall also identify attorneys named in the documents by firm affiliation and client, and shall identify any other individuals named in the documents by affiliation and title. Also by April 26, 2017, all parties shall submit any additional basis for withholding documents for privilege or for seeking release of the documents. The court notes that in its [187] Memorandum of Law in Opposition, Retrophin has requested oral argument in this matter. If Retrophin or any party would like oral argument on this issue, they shall confer with all parties and shall advise the court via ECF, by April 28, 2017, of a date and time when all parties are available. Ordered by Judge Kiyo A. Matsumoto on April 19, 2017. (Tata, Vivek)
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194 |
Filed: 4/18/2017, Entered: 4/18/2017 |
Letter |
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Letter to the court on behalf of non-party Retrophin Inc. and in response to Mr.Shkreli's Reply Memorandum of Law in support of his motion to compel (ECF No.192) as to Martin Shkreli, Evan Greebel (Flath, Nicholas)
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193 |
Filed: 4/17/2017, Entered: 4/17/2017 |
Reply to Response |
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REPLY TO RESPONSE to Motion re [177] MOTION to Strike Surplusage MOTION to Dismiss Count Eight of the Superseding Indictment / MR. GREEBEL'S REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF HIS MOTION TO STRIKE SURPLUSAGE AND TO DISMISS COUNT EIGHT OF THE SUPERSEDING INDICTMENT (Brodsky, Reed)
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192 |
Filed: 4/17/2017, Entered: 4/17/2017 |
Reply to Response |
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REPLY TO RESPONSE to Motion re [174] MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents (Attachments: # (1) Exhibit 1, # (2) Exhibit 2) (Agnifilo, Marc)
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Filed: None, Entered: None |
Order |
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ORDER granting as to Martin Shkreli, Evan Greebel. Doc 188 Exhibit 3 C has been replaced with email [190]. Ordered by Judge Kiyo A. Matsumoto on 4/17/2017. (Williams-Jackson, Sandra)
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191 |
Filed: 4/14/2017, Entered: 4/14/2017 |
Letter |
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Letter on behalf of Retrophin Inc. with attached stipulation protecting Retrophin's commercially sensitive information as to Martin Shkreli, Evan Greebel (Attachments: # (1) Exhibit A-Stipulation & Proposed Order) (Flath, Nicholas)
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Request |
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Filed: None, Entered: None |
Order on Motion for Hearing |
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ORDER terminating [180] Motion for Hearing as to Martin Shkreli (1). This motion was denied per previous docket entry. Ordered by Judge Kiyo A. Matsumoto on 4/14/2017. (Fletcher, Camille)
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Filed: None, Entered: None |
Order on Motion for Hearing |
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ORDER denying [176] Motion for Hearing as to Martin Shkreli. The government's request for a FRE Rule 104 hearing is denied without prejudice. The parties shall meet and confer in good faith prior to bringing another motion for a FRE Rule 104 hearing. Ordered by Judge Kiyo A. Matsumoto on 4/14/2017. (Fletcher, Camille)
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190 |
Filed: 4/13/2017, Entered: 4/13/2017 |
Letter |
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Letter on behalf of Retrophin,Inc. requesting that the Court order the e-filing clerk to replace the public version of Exhibit C as to Martin Shkreli, Evan Greebel (Attachments: # (1) Exhibit C-Redacted Exhibit C) (Flath, Nicholas)
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Request |
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189 |
Filed: 4/10/2017, Entered: 4/10/2017 |
Response In Opposition |
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RESPONSE in Opposition re [177] MOTION to Strike Surplusage MOTION to Dismiss Count Eight of the Superseding Indictment, [174] MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D) (Smith, Alixandra)
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Request |
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188 |
Filed: 4/10/2017, Entered: 4/10/2017 |
Affidavit in Opposition to Motion |
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AFFIDAVIT in Opposition re [174] MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents (Attachments: # (1) Exhibit A- Order, # (2) Exhibit B-Transcript dated 11/14/16, # (3) Exhibit C- Email from Andrea Zellan, # (4) Exhibit D-Email from Nicholas Flath, # (5) Exhibit E-Email from Nicholas Flath, # (6) Exhibit F-Bates Numbers of Documents Identified in March 31, 2017 Email.) (Flath, Nicholas) (Attachment 3 replaced on 4/17/2017) (Williams-Jackson, Sandra).
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Request |
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187 |
Filed: 4/10/2017, Entered: 4/10/2017 |
Memorandum in opposition |
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MEMORANDUM in Opposition re [174] MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents (Flath, Nicholas)
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