Note: Criminal cases with multiple defendants may have several records with the same case number: one record for the master file (all defendants), as well as one record per defendant. It can often be difficult to tell which record is which. Other likely matches for this case include:
JUDGMENT OF ACQUITTAL as to Michael Lacey: IT IS ORDERED that the Defendant is now entitled to be discharged for the reason that the jury has returned its verdict, finding the Defendant not guilty as to Count 63. IT IS FURTHER ORDERED that pursuant to the Court's Order filed April 23, 2024, the Defendant is hereby discharged as to Counts 19-51, 66-70, 81, 83-84, 86, 88-92 and 94-99 of the Superseding Indictment. IT IS FURTHER ORDERED and ADJUDGED that the Defendant is hereby acquitted and discharged as to these counts only pursuant to Rule 32(k), Federal Rules of Criminal Procedure. Signed by Judge Diane J Humetewa on 4/23/2024.(LFIG)
ORDER to Michael Lacey (1), Scott Spear (3) and John Brunst (4): IT IS ORDERED that Defendants' Oral and Supplemental Rule 29 Motions (Docs. [2004]; [2006]; [2007]) are granted in part and denied in part. The Clerk is directed to issue Judgments of Acquittal for Defendant Michael Lacey on Counts 19-51 and 66-70, 81, 83-84, 86, 88-92 and 94-99; for Defendant John Brunst on Counts 66-68, 78-84, 86-93; and for Defendant Scott Spear on Counts 71-78, 85 and 93. In all other respects, the Motions are denied. IT IS FURTHER ORDERED that Defendants' Rule 33 Motion for New Trial (Doc. [2009]) is denied as stated herein. Signed by Judge Diane J Humetewa on 4/23/2024. (See Order for details.) (LFIG)
NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of JURY TRIAL - DAY 1 (P.M. SESSION) (JURY VOIR DIRE) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/29/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP)
NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of JURY TRIAL - DAY 2 (A.M. SESSION) (JURY VOIR DIRE Cont'd) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/30/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP)
NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of STATUS CONFERENCE proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/18/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP)
NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of JURY TRIAL - DAY 2 (P.M. SESSION) (JURY VOIR DIRE Cont'd) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/30/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP)
NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of JURY TRIAL - DAY 1 (A.M. SESSION) (JURY VOIR DIRE) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/29/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FRYE/COOPER HEARING proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/18/2023, before Magistrate Judge DEBORAH M. FINE. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249 ]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC HEARING proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/06/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP)
ORDER granting [2046] Motion to Continue Sentencing as to Michael Lacey (1). Sentencing is continued from 5/1/2024 to 6/17/2024 at 10:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. ORDERED by Judge Diane J Humetewa on 4/15/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE proceedings as to (D1)Michael Lacey held on 01/29/2024, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP)
RESPONSE in Opposition by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [2048] MOTION to Continue Sentencing and JOINDER to Co-Defendant Michael Lacey's Sentencing Continuance Request, [2046] First MOTION to Continue Sentencing . (Stone, Andrew)
2047
Filed: 3/25/2024, Entered: 3/25/2024
Order
ORDER as to Michael Lacey: Before the Court is Defendant Michael Lacey's Motion to Continue Sentencing/Set Status Conference (Doc. [2046]). IT IS ORDERED the United States shall file a Response thereto within seven (7) days. No reply is permitted. ORDERED by Judge Diane J Humetewa on 3/25/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
First MOTION to Continue Sentencing by Michael Lacey. (Cambria, Paul)
Filed: None, Entered: None
Notice of Request for E-Notices
NOTICE OF REQUEST FOR E-NOTICES by Keith J. Hilzendeger. (Hilzendeger, Keith)
Filed: None, Entered: None
Notice of Request for E-Notices
NOTICE OF REQUEST FOR E-NOTICES by Keith J. Hilzendeger. (Hilzendeger, Keith)
2044
Filed: 2/12/2024, Entered: 2/12/2024
Order
ORDER as to Michael Lacey, Scott Spear, John Brunst: IT IS ORDERED setting Sentencing as to Defendant Scott Spear for 5/1/2024 at 9:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Sentencing as to Defendant John Brunst is set for 5/1/2024 at 10:30 AM in Courtroom 605. Sentencing as to Defendant Michael Lacey is set for 5/1/2024 at 1:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. IT IS FURTHER ORDERED that any sentencing motions or sentencing memorandum shall be filed six (6) business days before the sentencing date. Responses thereto shall be filed three (3) business days before the sentencing date. ORDERED by Judge Diane J Humetewa on 2/12/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
ORDER denying Defendants' [1967] Motion to Dismiss or Strike Testimony, and Request for a Hearing Due to the Government's Jencks and Brady violations as to Michael Lacey (1), Scott Spear (3), John Brunst (4). Signed by Judge Diane J Humetewa on 2/7/2024. (See Order for details.) (LFIG)
2039
Filed: 1/29/2024, Entered: 1/30/2024
Status Conference (Text Only)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Status Conference as to Michael Lacey held on 1/29/2024. Mr. Cambria having informed the Court that his client waives time for the reasons set forth on the record, IT IS ORDERED setting a Jury Trial for 8/6/2024 at 9:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. The Court will set aside six (6) weeks. Appearances: AUSA Andrew Stone, Kevin Rapp, Margaret Perlmeter, Peter Kozinets, Austin Berry for the Government, retained attorney Paul Cambria for defendant. Defendant is present and released. (Court Reporter Hilda Lopez.) Hearing held 9:15 AM to 9:37 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
MOTION for Leave to Appear via phone/video conference at January 29, 2024 status conference as to attorney Austin M. Berry by USA as to Michael Lacey, Scott Spear, John Brunst. (Berry, Austin)
2036
Filed: 1/25/2024, Entered: 1/25/2024
Order
ORDER as to Michael Lacey: Before the Court is the United States' Notice of Retrial (Doc. [2035]). IT IS ORDERED setting a Status Conference for 1/29/2024 at 9:15 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. If any counsel seek to appear by video-teleconference, a motion shall be promptly filed. ORDERED by Judge Diane J Humetewa on 1/25/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
NOTICE by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [2025] Order,, Set Deadlines/Hearings,. (Stone, Andrew)
ORDER granting the United States [1948] Motion for Protective Order as to Michael Lacey (1) et al., as set forth in this Order. Signed by Judge Diane J Humetewa on 1/18/2024. (See Order for details.) (Attachments: # (1) Attachment A)(LFIG)
ORDER as to Michael Lacey (1): IT IS ORDERED granting the Unopposed Motion to Extend Time for Filing Michael Lacey's Reply to Rule 29 (Doc. [2028]) and allowing through and including January 18, 2024 for the filing of a Reply to the Rule 29 Motion. ORDERED by Judge Diane J Humetewa on 1/17/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
REPLY TO RESPONSE to Motion by Michael Lacey re: [2009] First MOTION for New Trial on behalf of Michael Lacey, John Brunst, Scott Spear(Oral Argument Requested). (Attachments: # (1) Exhibit Exhibit A)(Cambria, Paul)
ORDER as to Michael Lacey, Scott Spear, John Brunst: IT IS ORDERED that no later than January 23, 2024, the Government shall inform the Court whether it intends to proceed to trial on any of the Defendants for any of the counts for which the jury did not return a verdict. Signed by Judge Diane J Humetewa on 1/10/2024.(LFIG)
2024
Filed: 12/28/2023, Entered: 12/28/2023
Order on Motion For Leave to File.
ORDER as to Michael Lacey (1) et al: Upon consideration and finding good cause appearing, IT IS ORDERED granting Defendants' [2023] Joint Motion for Leave to File Replies and Motion for Extension of Time to File Rules 29 and 33 Replies filed by Scott Spear (3). IT IS FURTHER ORDERED allowing Defendants to file Replies to their Rule 29 and 33 Motions by January 16, 2024. Defendants shall only reply to new arguments/law in the Government's Response(s) and not reiterate arguments already made. Replies are limited to no more than 10 pages. ORDERED by Judge Diane J Humetewa on 12/28/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
RESPONSE to Motion by USA as to Michael Lacey, Scott Spear, John Brunst re: [2009] First MOTION for New Trial on behalf of Michael Lacey, John Brunst, Scott Spear . (Kozinets, Peter)
RESPONSE re: [2006] MOTION DEFENDANT SCOTT SPEARS SUPPLEMENT TO HIS RULE 29 MOTION CONCERNING ALL COUNTS OF CONVICTION, AND JOINDER IN RULE 29 SUPPLEMENTS OF MICHAEL LACEY AND JOHN BRUNST (SUPPLEMENT MOTION) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # (1) Exhibit Exhibit A)(Kozinets, Peter)
RESPONSE re: [2004] MOTION for Acquittal by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew)
RESPONSE re: [2007] Supplemental MOTION for Acquittal Under Fed. R. Crim. P. 29 by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew)
TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 10/11/2023, Judge Diane J Humetewa hearing judge(s). (Rapp, Kevin)
NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of JURY TRIAL - DAY 7 (Early a.m. proceedings) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/15/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP)
ORDER as to Michael Lacey (1), Scott Spear (3), John Brunst (4): IT IS ORDERED granting the Motions (Docs. [2008] and [2015]). Defendants may have leave to file their joint proposed Motion for a New Trial in excess of the page limit set by the Local Rules. The Government shall have until December 22, 2023, to file Responses to Defendants' Motions (Docs. [2004], [2006], [2007], [2009]). Unless otherwise specifically requested by Defendants, no replies to Defendants' Supplemental Motions at Docs. [2004], [2006], or [2007] will be allowed. Signed by Judge Diane J Humetewa on 12/14/2023.(LFIG)
ORDER as to Michael Lacey (1) et al: IT IS ORDERED the Motion for Curative Jury Instructions (Doc. [1763]) is granted in part and denied in part, as stated on the record during September 12, 2023, proceedings. IT IS FURTHER ORDERED that Mr. Ferrer's Motion for Protective Order (Doc. [1825]) is denied, as moot. IT IS FURTHER ORDERED the Motion to Intervene in Order to Object (Doc. [1957]) is denied. The Court notes the Intervenor's joinder in Defendant Spear's Response. ORDERED by Judge Diane J Humetewa on 12/14/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
Motion for Extension of Time to File Response/Reply
MOTION for Extension of Time to File Response/Reply to Defendants' Post-Trial Motions by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # (1) Proposed Order)(Stone, Andrew)
AMENDED TRANSCRIPT REQUEST pursuant to [2013] Notice of Deficiency by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 8/31/2023 to 11/1/2023, Judge Diane J Humetewa hearing judge(s). (Attachments: # (1) Attachment)(Kozinets, Peter)
NOTICE TO FILER OF DEFICIENCY re: AO435 [2011] Transcript Request filed by USA. Item(s) were incorrectly completed: 1. NAME. Item 16 ORDER FOR - Applicable Box(es) Not Checked: NON-APPEAL. Item 18 - ORDER: (CATEGORY) A box under ORIGINAL + 1 was incorrectly checked. The original has been previously ordered and prepared. The Document is not in compliance with LRCiv 5.5(g) - Documents completed/signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) completed by Kevin Rapp and signed by Peter Kozinets but submitted using the log-in and password belonging to Peter Kozinets. FOLLOW-UP ACTION REQUIRED: Please refile the transcript request on form AO435, with all items 1-20 completed. Please refile with each box in Item 16 checked that applies. Please refile with the appropriate box checked under the FIRST COPY column. Please refile the Transcript Request with the name/signature (sections 1 & 19 of the AO435 form) matching the name of the ECF registered user under whose credentials the document will be re-submitted under. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP)
TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 8/31/2023 to 11/01/2023, Judge Diane J Humetewa hearing judge(s). (Kozinets, Peter)
First MOTION for New Trial on behalf of Michael Lacey, John Brunst, Scott Spear by Michael Lacey. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Cambria, Paul)
*First MOTION for Leave to File Excess Pages on behalf of Michael Lacey, John Brunst, Scott Spear by Michael Lacey. (Attachments: # (1) Attachment Proposed Oversized Brief, # (2) Proposed Order)(Cambria, Paul) *Modified to correct motion type and text on 12/5/2023 (REK).
NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of JURY TRIAL - DAY 4 P.M. (Defendant Vaught's opening statement) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/12/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/23/2024. (RAP)
TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 09/12/2023 to 10/24/2023, Judge Diane J Humetewa hearing judge(s). (Kozinets, Peter)
NOTICE OF FILING OF OFFICIAL AMENDED TRANSCRIPT of TRIAL - DAY 34 (JURY QUESTION/VERDICT) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/16/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. Amended to correct date of proceeding on title page. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 12/28/2023. Release of Transcript Restriction set for 2/26/2024. (RAP)
RESPONSE re: [1972] MOTION FIRST SUPPLEMENT TO DEFENDANTS' MOTION TO DISMISS OR STRIKE TESTIMONY, AND REQUEST FOR A HEARING DUE TO THE GOVERNMENT'S JENCKS AND BRADY VIOLATIONS (ORAL ARGUMENT REQUESTED) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8)(Rapp, Kevin)
(Proposed) Intervenor's NOTICE of Joinder to Defendant Scott Spear's Response to Government's Motion for Protective Order by David M Morgan. (BAC)
1984
Filed: 11/21/2023, Entered: 11/21/2023
Order on Motion for leave
ORDER: Upon consideration of the parties' [1983] Joint Motion for Extension of Time as to Michael Lacey (1), Scott Spear (3), John Brunst (4), and finding good cause appearing, IT IS ORDERED granting the [1983] Joint Motion and allowing through and including November 27, 2023 for the Government to Respond to Defendants' [1972] Motion to Dismiss or to Strike. Defendants' Reply is due by December 4, 2023. IT IS FURTHER ORDERED that Defendants have until December 4, 2023 to supplement their Rule 29 Motion. Government's Response thereto shall be filed by December 18, 2023. IT IS FURTHER ORDERED permitting Defendants through and including December 4, 2023 to file a Rule 33(b)(2) Motion. Government's Response thereto shall be filed by December 18, 2023. No replies are necessary. ORDERED by Judge Diane J Humetewa on 11/21/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 34 (JURY QUESTION/VERDICT) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/17/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 12/28/2023. Release of Transcript Restriction set for 2/26/2024. (RAP)
SECOND AMENDED MINUTE ENTRY for proceedings held before Judge Diane J Humetewa (Amending Doc. [1981]): Jury Trial (Day 34) completed as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught on 11/16/2023. Verdict reached as set forth in open court. IT IS ORDERED that a Judgment of Acquittal shall be entered as to Defendants Andrew Padilla (6) and Joye Vaught (7). IT IS FURTHER ORDERED that Defendants shall have until November 29, 2023 to supplement their Oral Rule 29 Motion. Government shall file its Response by December 8, 2023. The Court will inform Defendants if a Reply is necessary. IT IS FURTHER ORDERED extending the deadline by which the Government shall file its Response to Defendants' Motion (Doc. [1972]) to and including November 22, 2023. Defendants' Reply if any, is due seven (7) days thereafter. IT IS ORDERED that any party seeking to Respond to either Motion (Doc. [1948] or [1957]) shall do so no later than November 19, 2023. Any replies shall be filed by November 21, 2023. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 11:02 AM to 5:16 PM.(LFIG) Reason for Amendment: Minute Entry amended to correct paragraph five. (LFIG)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 33 (CONTINUED EVIDENTIARY HEARING AND JURY QUESTIONS) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/15/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 12/28/2023. Release of Transcript Restriction set for 2/26/2024. (RAP)
AMENDED by Doc. [1992] AMENDED MINUTE ENTRY for proceedings held before Judge Diane J Humetewa (Amending Doc. [1977]): Jury Trial (Day 34) completed as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught on 11/16/2023. Verdict reached as set forth in open court. IT IS ORDERED that a Judgment of Acquittal shall be entered as to Defendants Andrew Padilla (6) and Joye Vaught (7). IT IS FURTHER ORDERED that Defendants shall have until November 29, 2023 to supplement their Oral Rule 29 Motion. Government shall file its Response by December 8, 2023. The Court will inform Defendants if a Reply is necessary. IT IS FURTHER ORDERED extending the deadline by which the Government shall file its Response to Defendants' Motion (Doc. [1972]) to and including November 22, 2023. Defendants' Reply if any, is due seven (7) days thereafter. IT IS ORDERED that any party seeking to Respond to either Motion (Doc. [1948] or [1957]) shall do so no later than November 19, 2023. Any replies shall be filed by November 21, 2023. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 11:02 AM to 5:16 PM.(LFIG) Reason for Amendment: Minute Entry amended to correct paragraph four. Modified on 11/30/2023 (LFIG).
AMENDED by Doc. [1981] MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 34) completed as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught on 11/16/2023. Verdict reached as set forth in open court. IT IS ORDERED that a Judgment of Acquittal shall be entered as to Defendants Andrew Padilla (6) and Joye Vaught (7). IT IS FURTHER ORDERED that Defendants shall have until November 29, 2023 to supplement their Oral Rule 29 Motion. Government shall file its Response by December 8, 2023. The Court will inform Defendants if a Reply is necessary. IT IS FURTHER ORDERED extending the deadline by which the Government shall file its Response to Defendants' Motion (Doc. [1972]) to and including November 22, 2023. Defendants' Reply if any, is due seven (7) days thereafter. IT IS ORDERED that any party seeking to Respond to either Motion (Doc. [1948] or [1957]) shall do so no later than November 19, 2023. Any replies shall be filed by November 21, 2023. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 11:02 AM to 5:16 PM.(LFIG) Modified on 11/17/2023 (LFIG).
NOTICE to Court by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B)(Perlmeter, Margaret)
NOTICE re Forfeiture Election by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Boyle, Daniel)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 32 (A.M. SESSION) (JUROR QUESTION/EVIDENTIARY HEARING) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/14/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 12/28/2023. Release of Transcript Restriction set for 2/26/2024. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 33) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/15/2023. IT IS ORDERED finding that the documents in question are not Jencks material. IT IS FURTHER ORDERED taking the matter under advisement as to whether the documents are exculpatory or impeachment material. Jury will resume deliberations on Thursday, November 16, 2023 at 9:00 AM. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 11:04 AM to 4:04 PM.(LFIG)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 32) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/14/2023. IT IS ORDERED denying as moot the [1970] Motion to Preclude Statements. Jury will resume deliberations on Wednesday, November 15, 2023 at 9:00 AM. Court will reconvene on Wednesday, November 15, 2023 at 11:00 AM in Courtroom 605. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 9:45 AM to 4:48 PM.(LFIG)
MOTION to Preclude Statements (Preclude Testimony of AUSAs Stone and Boyle) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # (1) Exhibit A)(Kozinets, Peter)
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught Evidentiary Hearing set for 11/14/2023 at 2:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. IT IS FURTHERED ORDERED that parties shall deliver one (1) original and two (2) copies of the witness and exhibit lists, to the Courtroom Deputy. Signed by Judge Diane J Humetewa on 11/13/2023.(LFIG)
NOTICE OF ERRATA re: [1966] Response, by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught.. (Attachments: # (1) Exhibit Exhibit 3a, # (2) Exhibit Exhibit 3b)(Stone, Andrew)
MOTION to Dismiss Indictment for Brady and Jencks Act violations on behalf of Michael Lacey, John Brunst, Scott Spear, Andrew Padilla, and Joye Vaught by Michael Lacey. (Cambria, Paul)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 31 (A.M. SESSION) IN-COURT HEARING proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/09/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 12/28/2023. Release of Transcript Restriction set for 2/26/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 30 (JURY QUESTION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/08/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/30/2023. Redacted Transcript Deadline set for 12/11/2023. Release of Transcript Restriction set for 2/7/2024. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 31) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/9/2023. Jury deliberations will resume on Tuesday, November 14, 2023 at 9:00 AM. Counsel shall file briefing as set forth on the record by Monday, November 13, 2023 at noon. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 10:00 AM to 11:11 AM.(LFIG)
MOTION to Intervene in Order to Object by Movant David M Morgan as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (DXD)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 29 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/07/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/30/2023. Redacted Transcript Deadline set for 12/11/2023. Release of Transcript Restriction set for 2/7/2024. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 30) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/8/2023. Jury deliberations will resume on Thursday, November 9, 2023 at 9:00 AM. Court will reconvene on Thursday, November 9, 2023 at 10:00 AM. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 1:32 PM to 2:01 PM.(LFIG)
MEMORANDUM by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught in Support of Defendants' Proposed Jury Verdict Form on Forfeiture. (Cambria, Paul)
MEMORANDUM by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught Re: Jury Determination of Amounts of Forfeiture. (Boyle, Daniel)
MEMORANDUM by Michael Lacey, Scott Spear, John Brunst as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [1945] Memorandum filed by USA Defendants' Response to Position of the United States Regarding Potential Continuing Jury Deliberations as to Determination of Forfeiture of Specific Assets. (Lincenberg, Gary)
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that the service of the empaneled and deliberating Jurors shall be extended through Friday, November 17, 2023. Signed by Judge Diane J Humetewa on 11/7/2023.(LFIG)
MOTION for Protective Order by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # (1) Proposed Order, # (2) Attachment A - List of Trial Exhibits, # (3) Exhibit 1 - Oct. 24, 2023 E-mail from Mr. Morgan to Clerk of the Court, # (4) Exhibit 2 - Oct. 25, 2023 E-mail exchange between Mr. Morgan and Clerk of the Court, # (5) Exhibit 3 - Screen capture of Morgan's pay-for-documents website, # (6) Exhibit 4 - Oct. 27, 2023 E-mail from Mr. Morgan to subscribers disclosing Govt Exh. 171)(Berry, Austin)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of IN-COURT HEARING proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/06/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/30/2023. Redacted Transcript Deadline set for 12/11/2023. Release of Transcript Restriction set for 2/7/2024. (RAP)
MEMORANDUM by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught Re: Continued Jury Deliberations on Forfeiture of Specific Property. (Boyle, Daniel)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 29) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/7/2023. Jury begins deliberations and will reconvene on Wednesday, November 8, 2023 at 9:00 AM. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 9:11 AM to 10:39 AM.(LFIG)
RESPONSE re: [1940] Proposed Jury Instructions by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Boyle, Daniel)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: In-Court Hearing as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/6/2023. Trial will reconvene on Tuesday, November 7, 2023 at 9:00 AM. (Court Reporter Hilda Lopez.) Hearing held 1:02 PM to 1:23 PM.(LFIG)
Proposed Jury Instructions by Michael Lacey, Scott Spear, John Brunst as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Lincenberg, Gary)
RESPONSE re: [1936] Proposed Verdict Form by Michael Lacey, Scott Spear, John Brunst as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # (1) Exhibit A - Revised Proposed Special Verdict Form)(Lincenberg, Gary)
MINUTE ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: In-Court Hearing re: Trial matters set for Monday, November 6, 2023 at 1:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Counsel will be provided with instructions for their remote appearance, in addition to dialing instructions for their respective clients. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 29 (AM SESSION) (IN-COURT HEARING) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/02/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/30/2023. Redacted Transcript Deadline set for 12/11/2023. Release of Transcript Restriction set for 2/7/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 28 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 11/01/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/30/2023. Redacted Transcript Deadline set for 12/11/2023. Release of Transcript Restriction set for 2/7/2024. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: In-Court Hearing as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/2/2023. Defendants shall provide a red-line version of the Government's proposed items re: forfeiture by the morning of Monday, November 6, 2023. By close of business on Tuesday, November 7, 2023, the parties shall file their proposed alternative plan as set forth on the record. (Court Reporter Hilda Lopez.) Hearing held 10:03 AM to 10:40 AM.(LFIG)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 27 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/31/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/30/2023. Redacted Transcript Deadline set for 12/11/2023. Release of Transcript Restriction set for 2/7/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 27 (A.M.) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/31/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/30/2023. Redacted Transcript Deadline set for 12/11/2023. Release of Transcript Restriction set for 2/7/2024. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 28) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/1/2023. In-Court Hearing set for Thursday, November 2, 2023 at 10:00 a.m. Trial will reconvene on Tuesday, November 7, 2023 at 9:00 a.m. (Court Reporter Hilda Lopez.) See attached PDF for complete details. Hearing held 9:00 AM to 12:23 PM.(LFIG)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 27) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/31/2023. Trial will reconvene on Wednesday, November 1, 2023 at 9:00 a.m. (Court Reporter Elaine Cropper/Cathy Taylor.) See attached PDF for complete details. Hearing held 8:43 AM to 3:48 PM.(LFIG)
MEMORANDUM by Michael Lacey, Scott Spear, John Brunst IN SUPPORT OF THEIR ELECTION TO HAVE THE JURY DETERMINE THE FORFEITABILITY OF SPECIFIC PROPERTY UNDER FRCP 32.2(b)(5). (Cambria, Paul)
MEMORANDUM by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: Retention of Jury for Forfeiture. (Boyle, Daniel)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 26 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/27/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 25 (P.M.) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/26/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 25 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/26/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 26) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/27/2023. Trial will reconvene on Tuesday, October 31, 2023 at 9:00 AM. (Court Reporter Cathy Taylor.) See attached PDF for complete details. Hearing held 8:44 AM to 11:34 AM.(LFIG)
STIPULATION and Request to Continue Opposition Deadline to Motion to Enforce Abatement of Prosecution by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # (1) Proposed Order)(Boyle, Daniel)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 24 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/25/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 24 (A.M.) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/25/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 23 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/24/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 25) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/26/2023. IT IS ORDERED that Defendants renewed oral Rule 29 Motion is taken under advisement. IT IS FURTHER ORDERED the parties shall brief the forfeiture issue in no more than seven (7) pages by Tuesday, October 31, 2023 at 10:00 AM. Trial will reconvene on Friday, October 27, 2023 at 8:45 AM. (Court Reporter Hilda Lopez/Elaine Cropper.) See attached PDF for complete details. Hearing held 10:04 AM to 4:33 PM.(LFIG)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/23/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 17 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/12/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 24) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/25/2023. Evidence entered. Defendants renew their oral Rule 29 Motion. Trial will reconvene on Thursday, October 26, 2023 at 9:30 AM. (Court Reporter Elaine Cropper/Cathy Taylor.) See attached PDF for complete details. Hearing held 9:02 AM to 3:59 PM.(LFIG)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 23) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/24/2023. IT IS ORDERED the Court rules on pending motion and joinders as set forth on the record. (Docs. [1879], [1886], [1887], [1888], [1889]). IT IS ORDERED that Defendants' oral Motion for Mistrial is denied. Evidence entered. Trial will reconvene on Wednesday, October 24, 2023 at 9:00 AM. (Court Reporter Hilda Lopez/Cathy Taylor.) See attached PDF for complete details. Hearing held 9:07 AM to 4:24 PM.(LFIG)
NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of TRIAL - DAY 4 (AM SESSION) (OPENING STATEMENT BY BRUCE FEDER) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/12/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 18 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/13/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 17 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/12/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 16 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/11/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP)
Proposed Jury Instructions by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Cambria, Paul)
NOTICE of Objections to Jury Instructions Draft by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew)
RESPONSE in Opposition by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [1879] MOTION to Seek Admission of Brunst's Testimony Re: State of Mind . (Stone, Andrew)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 16 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/11/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251 ]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (RAP)
NOTICE of Joinder by Scott Spear as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [1879] MOTION to Seek Admission of Brunst's Testimony Re: State of Mind . (Kessler, Eric)
JOINDER to [1879] MOTION to Seek Admission of Brunst's Testimony Re: State of Mind by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught.. (Cambria, Paul)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 22 proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/20/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/14/2023. Redacted Transcript Deadline set for 11/24/2023. Release of Transcript Restriction set for 1/22/2024. (RAP)
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED the Government shall make the following changes to their proposed verdict form: (1) place "NOT GUILTY" before "GUILTY" in each of the Counts; and (2) remove the "Ad Title" column in each of the Travel Act Counts. IT IS FURTHER ORDERED the amended verdict form shall be emailed to chambers by Tuesday, October 24, 2023, at 9:00 AM. ORDERED by Judge Diane J Humetewa on 10/21/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 21 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/19/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/14/2023. Redacted Transcript Deadline set for 11/24/2023. Release of Transcript Restriction set for 1/22/2024. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 22) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/20/2023. Evidence entered. IT IS ORDERED taking Defendants' oral Rule 29 Motion under advisement. Trial will reconvene on Tuesday, October 24, 2023 at 9:00 AM. (Court Reporter Teri Veres.) See attached PDF for complete details. Hearing held 9:01 AM to 12:45 PM.(LFIG)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 21 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/19/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/14/2023. Redacted Transcript Deadline set for 11/24/2023. Release of Transcript Restriction set for 1/22/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 20 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/18/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/14/2023. Redacted Transcript Deadline set for 11/24/2023. Release of Transcript Restriction set for 1/22/2024. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 21) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/19/2023. Evidence entered. Trial will reconvene on Friday, October 20, 2023 at 9:00 AM. (Court Reporter Cathy Taylor/Christine Coaly.) See attached PDF for complete details. Hearing held 9:02 AM to 4:28 PM.(LFIG)
Proposed Verdict Form by Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Lincenberg, Gary)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 20 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/18/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/14/2023. Redacted Transcript Deadline set for 11/24/2023. Release of Transcript Restriction set for 1/22/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 19 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/17/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/14/2023. Redacted Transcript Deadline set for 11/24/2023. Release of Transcript Restriction set for 1/22/2024. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 20) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/18/2023. Evidence entered. Trial will reconvene on Thursday, October 19, 2023 at 9:00 AM. (Court Reporter Teri Veres/Hilda Lopez.) See attached PDF for complete details. Hearing held 8:59 AM to 4:35 PM.(LFIG)
REPLY re: [1840] Trial Brief in Support of Objections to Court Rulings During Ferrer Testimony by Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # (1) Affidavit Declaration of Daniel J. Quigley)(Lincenberg, Gary)
Attachment 1 Affidavit Declaration of Daniel J. Quigley
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 19 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/17/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/14/2023. Redacted Transcript Deadline set for 11/24/2023. Release of Transcript Restriction set for 1/22/2024. (RAP)
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that all parties shall submit revisions to their proposed forms of verdict by Thursday, October 19, 2023, at 4:00 p.m. ORDERED by Judge Diane J Humetewa on 10/17/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 19) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/17/2023. Evidence entered. IT IS ORDERED that Defendants' oral Motion for Mistrial is denied. Trial will reconvene on Wednesday, October 18, 2023 at 9:00 AM. IT IS ORDERED that by October 18, 2023 at 4:00 PM, defense counsel shall disclose the Rule 26.2 statements of their first witnesses. IT IS FURTHER ORDERED setting an In-Court Hearing for 10/20/2023 at 1:30 PM in Special Proceedings Courtroom, 2nd Floor, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. (Court Reporter Hilda Lopez/Cathy Taylor.) See attached PDF for complete details. Hearing held 8:59 AM to 4:51 PM.(LFIG)
NOTICE of Witnesses for Defense Case and Response to Court Order on behalf of Michael Lacey, John Brunst, Scott Spear, Andrew Padilla, and Joye Vaught by Michael Lacey. (Attachments: # (1) Exhibit A)(Cambria, Paul)
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that by October 14, 2023, at 5:00 p.m., Defendants, individually or collectively, shall inform the Court and the Government of the first five (5) witnesses they intend to call for their respective case-in-chief. ORDERED by Judge Diane J Humetewa on 10/13/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 18) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/13/2023. Evidence entered. Trial will reconvene on Tuesday, October 17, 2023 at 9:00 AM. (Court Reporter Cathy Taylor.) See attached PDF for complete details. Hearing held 8:52 AM to 12:32 PM.(LFIG)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of IN-COURT HEARING proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/25/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/8/2023. Redacted Transcript Deadline set for 11/20/2023. Release of Transcript Restriction set for 1/16/2024. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 17) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/12/2023. ORDERED denying Defendants' previous oral Motion for Mistrial. ORDERED granting in part Defendants' Joint Motion (Doc. [1822]). Evidence entered. Trial will reconvene on Friday, October 13, 2023 at 9:00 AM. (Court Reporter Cathy Taylor/Teri Veres.) See attached PDF for complete details. Hearing held 8:48 AM to 4:14 PM.(LFIG)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 16 (A.M. SESSION) (EXCERPTED TESTIMONY OF JESS ADAMS) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/11/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/8/2023. Redacted Transcript Deadline set for 11/20/2023. Release of Transcript Restriction set for 1/16/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 15 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/10/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/2/2023. Redacted Transcript Deadline set for 11/13/2023. Release of Transcript Restriction set for 1/10/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 15 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/10/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/8/2023. Redacted Transcript Deadline set for 11/20/2023. Release of Transcript Restriction set for 1/16/2024. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 16) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/11/2023. Evidence entered. Defendants' oral Motion for Mistrial is taken under advisement. Trial will reconvene on Thursday, October 12, 2023 at 8:45 AM. (Court Reporter Teri Veres/Cathy Taylor.) See attached PDF for complete details. Hearing held 8:45 AM to 4:15 PM.(LFIG) Modified on 10/12/2023 to add text. (LFIG)
RESPONSE re: [1840] Trial Brief, [1841] MOTION in Limine re Joinder in Trial Brief and testimony re Section 230 by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Kozinets, Peter)
*FINAL VERSION w/o WORD INDEX FILED AT DOC. [1868]; TRANSCRIPT DOCUMENT RESTRICTIONS WILL NOT BE LIFTED/RELEASED FOR THIS VERSION* - NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 15 (P.M. SESSION) as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 10/10/2023, before Judge Diane J. Humetewa. Court Reporter Cathy J. Taylor, RMR, CRR, CRC, Telephone number 602-322-7249. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 11/2/2023. Redacted Transcript Deadline set for 11/13/2023. Release of Transcript Restriction set for 1/10/2024. (ALJ) *Modified to notate that document restrictions will not be lifted, when release date becomes eligible, on 10/18/2023 (RAP).
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 15) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/10/2023. Evidence entered. Trial will reconvene on Wednesday, October 11, 2023 at 8:45 AM. (Court Reporter Jennifer Pancratz/Cathy Taylor.) See attached PDF for complete details. Hearing held 8:59 AM to 4:33 PM.(LFIG)
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Before the Court are Defendants' Brief in Support of Objections to Court Rulings During Ferrer Testimony (Doc. [1840]) and Defendant Spear's Joinder (Doc. [1841]). IT IS ORDERED that the Government file a Response thereto be filed by Wednesday, October 11, 2023 at 9:00 AM. ORDERED by Judge Diane J Humetewa on 10/6/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
RESPONSE re: [1825] MOTION for Protective Order by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Cambria, Paul)
RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [1822] Joint MOTION to Bar the Government from Asserting Privilege on Behalf of its Witnesses . (Kozinets, Peter)
TRIAL BRIEF by Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Lincenberg, Gary)
NOTICE OF ERRATA MOVANT CARL FERRERS MOTION FOR A PROTECTIVE ORDER by Carl Ferrer as to Michael Lacey.. (Attachments: # (1) Errata MOVANT CARL FERRERS MOTION FOR A PROTECTIVE ORDER)(Baum, Jonathan)
Attachment 1 Errata MOVANT CARL FERRERS MOTION FOR A PROTECTIVE ORDER
1828
Filed: 10/4/2023, Entered: 10/4/2023
Order
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Before the Court is Defendants' Joint Motion to Bar the Government from Asserting Privilege on Behalf of its Witnesses (Doc. [1822]) and Movant Carl Ferrer's Motion for Protective Order (Doc. [1825]). IT IS ORDERED that responses to both Motions shall be filed by Friday, October 6, 2023, by 12:00 p.m. No replies are allowed. ORDERED by Judge Diane J Humetewa on 10/4/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
NOTICE OF ERRATA re: [1826] Notice (Other), [1825] MOTION for Protective Order Declaration with Corrected Exhibit by Carl Ferrer as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught.. (Baum, Jonathan)
NOTICE DECLARATION OF JONATHAN BAUM IN SUPPORT OF MOVANT CARL FERRERS MOTION FOR A PROTECTIVE ORDER by Carl Ferrer as to Michael Lacey re: [1825] MOTION for Protective Order . (Attachments: # (1) Exhibit A)(Baum, Jonathan)
Remark: Pro hac vice motion(s) granted for Tahir L Boykins on behalf of Movant Carl Ferrer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of ARGUMENT ON FIRST AMENDMENT INSTRUCTION AND RULING proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/18/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/25/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/2/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 14 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/28/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/25/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/2/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 14 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/28/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/25/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/2/2024. (RAP)
*(REQUEST CANCELLED FOR FAILURE TO MAKE PAYMENT/DEPOSIT)* - TRANSCRIPT REQUEST (3rd PARTY/MEDIA) by Isaiah Poritz of Bloomberg Industry Group (Arlington, VA) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for trial proceedings held on 08/29/2023 - 11/09/2023, Judge Diane J Humetewa hearing judge(s). (RAP) Modified on 10/17/2023 (RAP).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 13 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/27/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/25/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/2/2024. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 14) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/28/2023. Evidence entered. Trial will reconvene on Tuesday, October 10, 2023 at 9:00 AM. (Court Reporter Jennifer Pancratz/Teri Veres.) See attached PDF for complete details. Hearing held 8:49 AM to 4:40 PM.(LFIG)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 13 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/27/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/25/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/2/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 12 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/26/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/25/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/2/2024. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 13) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/27/2023. Evidence entered. Trial will reconvene on Thursday, September 28, 2023 at 8:45 AM. (Court Reporter Cathy Taylor/Teri Veres.) See attached PDF for complete details. Hearing held 8:53 AM to 4:35 PM.(LFIG)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 12 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/26/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/25/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/2/2024. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 12) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/26/2023. Evidence entered. Trial will reconvene on Wednesday, September 27, 2023 at 8:45 AM. (Court Reporter Hilda Lopez/Cathy Taylor.) See attached PDF for complete details. Hearing held 8:51 AM to 4:44 PM.(LFIG)
1816
Filed: 9/25/2023, Entered: 9/26/2023
in court hearing
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: In-Court Hearing as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/25/2023. Before the Court are the United States' Stipulations and Objections (Doc. [1801]), Defendants' Response (Doc. [1803]) and the United States' Reply (Doc. [1815]). Arguments heard. The Court's rulings are as set forth on the record and the parties shall proceed accordingly. Appearances: AUSAs Austin Berry, Andrew Stone, Kevin Rapp, Margaret Perlmeter, and Peter Kozinets for the Government, present in-person. Retained attorney Paul Cambria for Defendant Lacey. Defendant is present telephonically and released. Retained (Knapp) attorney Bruce Feder and CJA attorney Eric W. Kessler for Defendant Scott Spear. Defendant is not present and his presence is waived by counsel. Retained attorneys Gary Lincenberg (telephonically) and Gopi Panchapakesan for Defendant Brunst. Defendant is present and released. CJA attorney David Eisenberg for Defendant Padilla. Defendant is not present and his presence is waived by counsel. CJA attorney Joy Bertrand (telephonically) for Defendant Vaught. Defendant is not present and her presence is waived by counsel. (Court Reporter Hilda Lopez.) Hearing held 3:45 PM to 5:04 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
AMENDED MINUTE ENTRY for proceedings held before Judge Diane J Humetewa (Amending Doc. [1806]): Jury Trial (Day 11) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/22/2023. Evidence entered. Hearing re: Exhibits set for 9/25/2023 at 3:45 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Trial will reconvene on Tuesday, September 26, 2023 at 8:45 AM. (Court Reporter Cathy Taylor.) See attached PDF for complete details. Hearing held 9:11 AM to 12:47 PM.(LFIG) Reason for Amendment: Minute Entry amended to correct paragraph one. (LFIG)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 11 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/22/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/23/2023. Redacted Transcript Deadline set for 11/2/2023. Release of Transcript Restriction set for 1/2/2024. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 10 (P.M.) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/21/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/13/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/21/2023. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 10 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/21/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/13/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/21/2023. (RAP)
*(REQUEST CANCELLED FOR FAILURE TO MAKE PAYMENT/DEPOSIT)* - TRANSCRIPT REQUEST (3rd PARTY) by David E. Harris of Sico Hoelscher Harris LLP (Corpus Christi, TX) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 08/29/2023 - 11/09/2023, Judge Diane J Humetewa hearing judge(s). (RAP) Modified on 10/17/2023 (RAP).
AMENDED by Doc. [1997] MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 11) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/22/2023. Evidence entered. Hearing re: Exhibits set for 9/25/2023 at 3:45 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Trial will reconvene on Tuesday, September 26, 2023 at 8:45 AM. (Court Reporter Cathy Taylor.) See attached PDF for complete details. Hearing held 9:11 AM to 12:47 PM.(LFIG) Modified on 11/30/2023 (LFIG).
TRANSCRIPT REQUEST OF CARL FERRER by Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 9.22.23-11,9.23, Judge Diane J Humetewa hearing judge(s). (Baum, Jonathan)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 10) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/21/2023. Evidence entered. Trial will reconvene on Friday, September 22, 2023 at 9:00 AM. (Court Reporter Hilda Lopez/Elaine Cropper.) See attached PDF for complete details. Hearing held 8:57 AM to 4:40 PM.(LFIG)
RESPONSE re: [1801] Stipulation, Defendants' Response to Government's Objections to Admission of Evidence by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # (1) Exhibit A)(Cambria, Paul)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 9 (P.M.) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/20/2023, before Judge DIANE J. HUMETEWA. [Court Reporter/Transcriber Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/13/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/21/2023. (RAP)
NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of JURY TRIAL - DAY 9 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/20/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/13/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/21/2023. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 8 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/19/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/13/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/21/2023. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 9) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/20/2023. Evidence entered. Trial will reconvene on Thursday, September 21, 2023 at 9:00 AM. (Court Reporter Teri Veres/Elaine Cropper.) See attached PDF for complete details. Hearing held 9:12 AM to 4:40 PM.(LFIG)
STIPULATION Stipulations and Objections to Defense Exhibits by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # (1) Attachment A - Stipulated exhibits, # (2) Attachment B - Irrelevant, misleading, cumulative exhibits)(Berry, Austin)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 8 (A.M.) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/19/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/13/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/21/2023. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 8) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/19/2023. Evidence entered. Defendants' oral Motion for Mistrial is denied. Trial will reconvene on Wednesday, September 20, 2023 at 9:00 AM. (Court Reporter Elaine Cropper/Hilda Lopez.) See attached PDF for complete details. Hearing held 9:10 AM to 4:35 PM.(LFIG)
NOTICE OF FILING OF OFFICIAL AMENDED TRANSCRIPT of JURY TRIAL - DAY 7 (EXCERPTED TESTIMONY OF CARL FERRER) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/15/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. Amended to correct proceeding date year on title page and header. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/6/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/14/2023. (RAP)
AMENDED MINUTE ENTRY for proceedings held before Judge Diane J Humetewa (Amending Doc. [1796]): Jury Trial (Day 7) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/15/2023. Evidence entered. Defendants' oral Motion for Mistrial is denied. Trial will reconvene on Tuesday, September 19, 2023 at 9:00 AM. (Court Reporter Elaine Cropper.) See attached PDF for complete details. Hearing held 8:33 AM to 12:46 PM.(LFIG) Reason for Amendment: (Minute Entry amended to correct number of last exhibit admitted to reflect 684a.)(LFIG)
*(AMENDED TRANSCRIPT FILED AT DOC. [1808])* - NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 7 (EXCERPTED TESTIMONY OF CARL FERRER) proceeding as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 9/15/2022, before Judge Diane J. Humetewa. Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602)322-7245. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/6/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/14/2023. (SCH) *Modified to reference amended version and create docket entry relationship on 9/22/2023 (RAP).
AMENDED by Doc. [1800] MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 7) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/15/2023. Evidence entered. Defendants' oral Motion for Mistrial is denied. Trial will reconvene on Tuesday, September 19, 2023 at 9:00 AM. (Court Reporter Elaine Cropper.) See attached PDF for complete details. Hearing held 8:33 AM to 12:46 PM.(LFIG) Modified on 9/19/2023 (LFIG).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 6 - P.M. SESSION (EXCERPTED TESTIMONY OF CARL FERRER) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/14/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/6/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/14/2023. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 6 - A.M. SESSION (EXCERPTED TESTIMONY OF CARL FERRER) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/14/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/5/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/13/2023. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 5 - P.M. SESSION (EXCERPTED TESTIMONY OF CARL FERRER) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/13/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/5/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/13/2023. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 5 - A.M. SESSION (EXCERPTED TESTIMONY OF CARL FERRER) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/13/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/5/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/13/2023. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 6) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/14/2023. Evidence entered. Defendants' oral Motions for a Mistrial are denied. Trial will reconvene on Friday, September 15, 2023 at 9:00 AM. (Court Reporter Cathy Taylor/Teri Veres.) See attached PDF for complete details. Hearing held 9:00 AM to 4:35 PM.(LFIG)
NOTICE Response in Opposition by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [1744] Supplement. (Stone, Andrew)
AMENDED MINUTE ENTRY for proceedings held before Judge Diane J Humetewa (Amending Doc. [1787]): Jury Trial (Day 5) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/13/2023. Evidence entered. Trial will reconvene on Thursday, September 14, 2023 at 9:00 AM. (Court Reporter Hilda Lopez/Teri Veres.) See attached PDF for complete details. Hearing held 9:07 AM to 4:31 PM.(LFIG) Reason for Amendment: (Minute Entry amended to include admission of Exhibit 10a.). (LFIG)
NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of TRIAL - DAY 4 (AM SESSION) (JUDICIAL RULINGS PRIOR TO TRIAL) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/12/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/5/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/13/2023. (RAP)
AMENDED by Doc. [1794] MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 5) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/13/2023. Evidence entered. Trial will reconvene on Thursday, September 14, 2023 at 9:00 AM. (Court Reporter Hilda Lopez/Teri Veres.) See attached PDF for complete details. Hearing held 9:07 AM to 4:31 PM.(LFIG) Modified on 9/15/2023 (LFIG).
NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of Testimony of CARL FERRER proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/12/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/4/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/12/2023. (RAP)
AMENDED MINUTE ENTRY for proceedings held before Judge Diane J Humetewa (Amending Doc. [1784]): Jury Trial (Day 4) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/12/2023. Evidence entered. Trial will reconvene on Wednesday, September 13, 2023 at 9:00 AM. (Court Reporter Hilda Lopez/Elaine Cropper.) See attached PDF for complete details. Hearing held 9:01 AM to 4:39 PM.(LFIG) Reason for Amendment: (Minute Entry re-filed to reflect final version.) (LFIG)
AMENDED by Doc. [1785] MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 4) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/12/2023. Evidence entered. Trial will reconvene on Wednesday, September 13, 2023 at 9:00 AM. (Court Reporter Hilda Lopez/Elaine Cropper.) See attached PDF for complete details. Hearing held 9:01 AM to 4:39 PM.(LFIG) Modified on 9/13/2023 (LFIG).
RESPONSE to Motion by John Brunst as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [1763] MOTION for curative jury instructions . (Panchapakesan, Gopi)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC HEARING RE: EXHIBITS proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 09/08/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/2/2023. Redacted Transcript Deadline set for 10/12/2023. Release of Transcript Restriction set for 12/11/2023. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Telephonic Hearing re: Exhibits as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/8/2023. The Court having reviewed the Exhibits, IT IS ORDERED that to the extent the Government lays sufficient foundation, emails to and from Mr. Ferrer and those that he was cc'd on, the Court finds are probative and admissible under 801(d)(2)(A) and (D). As to the letters, the Court adheres to Judge Brnovich's prior ruling. The Court finds that provided sufficient foundation is laid, the letters are probative. Defendants may renew their objections at the time of trial. Defendants objections heard and discussion held re: Exhibits 567a, 1174, 1935, 24, 24a, 570, 1151, 1151a, 1944, 573a, 1862, 1862a, 574, 1946, 1946a-b, 575, 575b, 28, 579, 902, 585, 585a, 1895, 1895c, 34, 35, 311, 593a-c, 594, 804, 49, 1187, 1613, 918, 925, 1610, 1609a, 923, 932, 933a, 52, 907, 1185a, 938, 600. IT IS FURTHER ORDERED the parties shall proceed as directed on the record. Objections are noted. Parties are reminded of the previous Court's rulings re: terms used during trial. The jury will be instructed on what the case is about and it cannot preclude the Government from using an exhibit referencing trafficking. The Court makes its concerns known re: Exhibits 573 and 573a. IT IS FURTHER ORDERED that trial will resume on Tuesday, September 12, 2023 at 9:00 AM. IT IS FURTHER ORDERED vacating the Telephonic Hearing set for Monday, September 11th. Appearances: AUSA Austin Berry, Andrew Stone, Kevin Rapp, Margaret Perlmeter, and Peter Kozinets for the Government, present in-person. Telephonic Appearances: Retained attorney Paul Cambria for Defendant Lacey. Defendant is present telephonically and released. Retained (Knapp) attorney Bruce Feder and CJA attorney Eric W. Kessler for Defendant Scott Spear. Defendant is not present and his presence is waived by counsel. Retained attorney Gopi Panchapakesan for Defendant Brunst. Defendant is not present and his presence is waived by counsel. CJA attorney David Eisenberg for Defendant Padilla. Defendant is present telephonically and released. CJA attorney Joy Bertrand for Defendant Vaught. Defendant is not present and her presence is waived by counsel. (Court Reporter Cathy Taylor.) Hearing held 9:30 AM to 12:35 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
RESPONSE re: [1758] Notice of Objections to Government's Proposed Exhibits to be Admitted Through Carl Ferrer by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew) *Modified to add link on 9/11/2023 (DXD).
TRANSCRIPT REQUEST by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 09/08/2023, Judge Diane J Humetewa hearing judge(s). (Berry, Austin)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 3 (P.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/31/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 9/29/2023. Redacted Transcript Deadline set for 10/10/2023. Release of Transcript Restriction set for 12/7/2023. (RAP)
NOTICE re CDC Guidelines by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Berry, Austin)
1769
Filed: 9/7/2023, Entered: 9/7/2023
Order
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that Defendants may file jointly or separately, a response to the Government's Motion for Curative Instructions (Doc. [1763]) by Monday, September 11, 2023 at 12:00 PM. Any response shall be limited to no more than ten (10) pages. No reply is permitted. ORDERED by Judge Diane J Humetewa on 9/7/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1768
Filed: 9/7/2023, Entered: 9/7/2023
Order
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Having received a Declaration from Defendant Spear, IT IS ORDERED that all parties appear for the resumption of trial on Tuesday, September 12, 2023 at 9:00 AM in the Special Proceedings Courtroom. IT IS FURTHER ORDERED that the Telephonic Hearing re: Exhibits will resume on Friday, September 8, 2023 at 9:30 AM, in the Special Proceedings Courtroom. Counsel and Defendants may appear telephonically using previously provided dialing instructions. ORDERED by Judge Diane J Humetewa on 9/7/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1767
Filed: 9/7/2023, Entered: 9/7/2023
Order
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that upon notice to the Court that a COVID-positive party will not waive his/her presence for missed trial days, within 24 hours, the Government and Defendants (either jointly or separately) shall file a brief, no more than 7 pages, as to why the non-appearing Defendant should not be severed for separate trial and a mistrial therefore declared as to him/her, resulting from a delayed jury trial proceeding. ORDERED by Judge Diane J Humetewa on 9/7/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1766
Filed: 9/7/2023, Entered: 9/7/2023
Order
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Due to unanticipated delay, the Jury, having been carefully screened to perform its duties by a date certain, are now behind their understood trial schedule. To prevent further delay, IT IS ORDERED that any counsel or Defendant who exhibits symptoms of COVID shall test and submit a sealed filing of a positive COVID test, and accompanying doctor's note indicating the course of treatment undertaken. The filing shall indicate the number of trial days that any party expects to miss. IT IS FURTHER ORDERED that the Court, pursuant to the now-expired CARES Act, will invoke its provisions to accommodate any Defendant and/or counsel to appear remotely (telephonically or by video) or to waive his/her presence for any missed trial days, so as not to further delay the trial proceedings. The filing shall therefore also include a statement as to whether or not the Defendant/counsel agrees to appear remotely. ORDERED by Judge Diane J Humetewa on 9/7/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
MOTION for curative jury instructions by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Berry, Austin)
1761
Filed: 9/7/2023, Entered: 9/7/2023
Notice of Deficiency re Transcript Request
NOTICE TO FILER OF DEFICIENCY re: AO435 [1759] Transcript Request filed by USA. Item 17 - TRANSCRIPT REQUESTED: No dates of proceedings specified. We do not accept open ended transcript orders. FOLLOW-UP ACTION REQUIRED: Orders for the realtime feed/rough draft MUST be placed in advance (if date is known) or the same day as the hearing. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 3 (A.M. SESSION) proceedings as to (D1)Michael Lacey, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, (D7)Joye Vaught held on 08/31/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 9/29/2023. Redacted Transcript Deadline set for 10/10/2023. Release of Transcript Restriction set for 12/7/2023. (RAP)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Telephonic Hearing re: Exhibits as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/6/2023. Defendants objections heard re: Exhibits 2030, 2031, 1056, 1056a, 1057, 10, 10a, 19, 20, 1155, 1156, 1835, 1835a-c, 1162, 23, 547, 549, 1164, 1164a, 551, 1841, 1851, 1168, 564, 564a, 1852, 1855, 1856, 1857a-b, 1858-1861, 1172a, 567, 568, 899, 899e, 1849, 1849a, 1850, 560, 837, 1941, 1941a, 1172, 1171, 1171a, 1857. As set forth on the record, IT IS ORDERED that the Government will need to meet its burden to show that a conspiracy existed at the time of the communications in the exhibits that were discussed. To the extent that the Government can lay foundation and meet the hurdles of 901, the Court finds there is sufficient grounds for authentication. IT IS FURTHER ORDERED that Defendants can renew their 401 objections if the Government has not laid sufficient foundation during trial. IT IS FURTHER ORDERED that the Government shall file a responsive to Defendants' Preliminary Objections to the Government's Proposed Exhibits to be Admitted Through Carl Ferrer (Doc. [1758]) by September 8, 2023 at 5:00 p.m. No reply is permitted. Appearances: AUSA Austin Berry, Andrew Stone, Kevin Rapp, Margaret Perlmeter, and Peter Kozinets for the Government, present in-person. Telephonic Appearances: Retained attorney Paul Cambria for Defendant Lacey. Defendant is present telephonically and released. Retained attorney Bruce Feder and CJA attorney Eric W. Kessler for Defendant Scott Spear. Defendant is not present and his presence is waived by counsel. Retained attorney Gopi Panchapakesan for Defendant Brunst. Defendant is present in-person and released. CJA attorney David Eisenberg for Defendant Padilla. Defendant is present telephonically and released. CJA attorney Joy Bertrand for Defendant Vaught. Defendant is not present and her presence is waived by counsel. IT IS FURTHER ORDERED that Court will reconvene in a Telephonic Hearing on Thursday, September 7, 2023 at 2:00 PM. LATER (off the record): IT IS ORDERED the Telephonic Hearing set for September 7, 2023 at 2:00 PM is VACATED and RESET for Friday, September 8, 2023 at 9:30 AM, if trial does not reconvene. If trial reconvenes on Friday, the Telephonic Hearing re: Exhibits will resume on Monday, September 11, 2023 at 2:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Counsel shall dial-in using the previously provided instructions. (Court Reporter Elaine Cropper.) Hearing held 1:31 PM to 4:34 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
TRANSCRIPT REQUEST Status conference on 9/5/23 & Exhibit hearing 9/6/23 by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 9/5/23 and 9/6/23, Judge Diane J Humetewa hearing judge(s). (Berry, Austin)
TRANSCRIPT REQUEST All non-jury hearings during trial period by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 8/29/23 to 11/9/23, Judge Diane J Humetewa hearing judge(s). (Berry, Austin)
NOTICE of Objections to Government's Proposed Exhibits to be Admitted Through Carl Ferrer by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Cambria, Paul)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Telephonic Status Conference as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 9/5/2023. As set forth on the record, IT IS ORDERED that Defendant Spear shall test again on Thursday, September 7, 2023 and counsel for Mr. Spear shall inform the Court by Thursday, September 7, 2023 at 10:00 a.m. whether Defendant remains symptomatic and positive for COVID. IT IS FURTHER ORDERED setting a Telephonic Hearing for Wednesday, September 6, 2023 at 1:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa, to review the parties' objections to the first batch of exhibits for the first witness. Telephonic Appearances: AUSA Austin Berry, Andrew Stone, Kevin Rapp, Margaret Perlmeter, and Peter Kozinets for the Government. Retained attorney Paul Cambria (in-person) for Defendant Lacey. Defendant is present telephonically and released. Retained attorney Bruce Feder and CJA attorney Eric W. Kessler for Defendant Scott Spear. Defendant is not present and his presence is waived by counsel. Retained attorney Gopi Panchapakesan for Defendant Brunst. Defendant is present telephonically and released. CJA attorney David Eisenberg (in-person) for Defendant Padilla. Defendant is present telephonically and released. CJA attorney Joy Bertrand for Defendant Vaught. Defendant is present telephonically and released. (Court Reporter Hilda Lopez.) Hearing held 10:30 AM to 11:04 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1755
Filed: 9/5/2023, Entered: 9/5/2023
Order on Motion for leave
ORDER granting the Motions to Appear Telephonically (Docs. [1748], [1749], [1750], [1751], [1752], [1753] as to Michael Lacey (1), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7) and the United States. ORDERED by Judge Diane J Humetewa on 9/5/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1754
Filed: 9/5/2023, Entered: 9/5/2023
Order
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED the Status Conference set for 9/5/2023 at 10:30 AM will be held telephonically in Courtroom 605. Participating counsel and Defendants will receive dialing instructions by separate electronic communication. ORDERED by Judge Diane J Humetewa on 9/5/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
MOTION for Leave to appear by phone by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # (1) Proposed Order)(Berry, Austin)
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED setting a Status Conference for 9/5/2023 at 10:30 AM in Special Proceedings Courtroom, 2nd Floor, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Defense counsel may waive the appearance of their respective client and put forth the same on the record at the time hearing. If a Defendant requests to appear telephonically, he or she may do so by way of a written motion through counsel. ORDERED by Judge Diane J Humetewa on 9/3/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 3) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 8/31/2023. Jury selected. Trial will reconvene on Wednesday, September 6, 2023 at 8:30 AM. (Court Reporter Hilda Lopez/Jennifer Pancratz.) See attached PDF for complete details. Hearing held 8:47 AM to 4:41 PM.(LFIG)
MOTION Objections to the Preliminary Jury Instructions by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 2) as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 8/30/2023. Voir Dire continued. Court will reconvene on Thursday, August 31, 2023 at 8:45 AM. (Court Reporter Hilda Lopez/Cathy Taylor.) See attached PDF for complete details. Hearing held 8:45 AM to 5:12 PM.(LFIG)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Jury Trial (Day 1) commenced on 8/29/2023 as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. Voir Dire conducted and jury is sworn. Court will reconvene on Wednesday, August 30, 2023 at 8:45 AM. (Court Reporter Cathy Taylor/Teri Veres.) See attached PDF for complete details. Hearing held 8:58 AM to 4:46 PM.(LFIG)
RESPONSE re: [1730] Notice (Other), by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Kozinets, Peter)
NOTICE of Objection to the Government's Proposed "Limiting Instruction" re: [1642] Trial Brief by Joye Vaught as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Bertrand, Joy) *Modified linkage on 8/25/2023 (DXD).
AMENDED TRANSCRIPT REQUEST pursuant to [1727] Notice of Deficiency by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 8/29/23 through 11/09/23, Judge Diane J Humetewa hearing judge(s). (Berry, Austin)
NOTICE TO FILER OF DEFICIENCY re: AO 435 [1721] Transcript Request filed by USA. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by Ashley Taylor but submitted using the log-in and password belonging to Austin Berry. FOLLOW-UP ACTION REQUIRED: Please refile Transcript Request with name/signature (sections 1 & 19 of the AO435 form) matching the name of the ECF registered user under whose credentials the document will be re-submitted under. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ALJ)
TRANSCRIPT REQUEST by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 8/29/23 through 11/09/23, Judge Diane J Humetewa hearing judge(s). (Berry, Austin)
*MINUTE ENTRY for proceedings held before Magistrate Judge Deborah M Fine: Frye/Cooper Hearing as to Michael Lacey (1), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7) held on 8/18/2023. Counsel for the Government places on the record the charges against each of the Defendants, and the maximum sentences the Defendants could receive as to each count if convicted at trial, as well as the terms of the Government's plea offers. At the Court's inquiry, each Defendant confirms individually that he/she has (1) understood the discussions held today in court; (2) understood the plea offer; (3) had sufficient time to discuss the plea offer with his/her attorney(s); and (4) obtained advice from his/her attorney(s) and considered whether the plea offer was in his/her best interest. Each Defendant further confirms he/she rejects the Government's plea offer. Appearances for the Government: AUSA Andrew Stone, Kevin Rapp, Margaret Perlmeter, Peter Kozinets, and Austin Berry. Appearances for the Defendants: Retained Attorney Paul J. Cambria Jr. for Defendant Lacey; Retained Attorney Bruce S. Feder and CJA Attorney Eric W. Kessler for Defendant Spear; Retained Attorney Gopi K. Panchapakesan for Defendant Brunst; CJA Attorney David S. Eisenberg for Defendant Padilla; and CJA Attorney Joy M. Bertrand for Defendant Vaught. Defendants are all present and released (Defendants Padilla and Vaught are present telephonically). (Court Reporter Cathy Taylor) Hearing held 11:59 AM to 12:20 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KMB) *Modified on 9/18/2023 to remove Courtsmart recording as Court Reporter is official transcript (RMW).
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 110 prospective jurors that will report on 8/29/2023 for jury selection. Signed by Judge Diane J Humetewa on 8/18/2023.(LFIG)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Status Conference as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 8/18/2023. Supplemental Juror Questionnaires and trial matters discussed. IT IS ORDERED that no later than 8/24/23, Defendants may file an objection to the Government's proposed limiting instruction as set forth in the Government's Trial Brief (Doc. [1642] at 10). (Court Reporter Hilda Lopez.) Hearing held 9:35 AM to 11:39 AM.(LFIG)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of IN-COURT STATUS HEARING (DOES NOT CONTAIN SEALED PROCEEDINGS) proceedings as to (D1)Michael Lacey, (D2)James Larkin, (D3)Scott Spear, (D4)John Brunst, (D6)Andrew Padilla, & (D7)Joye Vaught held on 08/04/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 9/7/2023. Redacted Transcript Deadline set for 9/18/2023. Release of Transcript Restriction set for 11/15/2023. (RAP)
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED denying Defendant Vaught's [1681] Objection and Motion to Vacate Frye-Cooper Hearing as to Joye Vaught (7). Signed by Judge Diane J Humetewa on 8/11/2023. (See Order for details.) (LFIG)
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED resetting the date and time for the parties to meet with AV Support. Both sides shall meet with AV Support on August 25, 2023, in the Special Proceedings Courtroom. Representatives from the Government shall come at 9:30 a.m. and representatives from the Defense shall come at 10:00 a.m. ORDERED by Judge Diane J Humetewa on 8/11/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
RESPONSE in Opposition by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: [1681] MOTION Objection to and Motion to Vacate Frye-Cooper Hearing . (Berry, Austin)
ORDER as to Michael Lacey, John Brunst, Joye Vaught: Before the Court is Defendant Joye Vaught's Objection to Frye-Cooper Hearing and Motion to Vacate Hearing (Doc. [1681]) to which Defendants Brunst and Lacey have filed Joinders (Docs. [1684] and [1687]). IT IS ORDERED the United States shall file a Response thereto no later than 10:00 AM on Friday, August 11, 2023. No reply is permitted. ORDERED by Judge Diane J Humetewa on 8/9/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
JOINDER s Objection to Frye-Cooper Hearing and Motion to Vacate Hearing (Dkt. 1681) by Michael Lacey. (Cambria, Paul) *Modified text on 8/10/2023 (DXD).
On joint request of defense counsel, IT IS ORDERED the In-Court Hearing set 8/15/2023 as to Defs. Lacey, Spear, Brunst, Padilla, and Vaught, is RESET. The In-Court Hearing is reset for 8/18/2023 at 11:30 AM in Courtroom 303, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Deborah M. Fine.(DMF/ah)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.)
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: 122 prospective jurors. Signed by Judge Diane J Humetewa on 8/7/2023. (See Order for details.) (LFIG)
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, and Joye Vaught: This matter has been referred to the undersigned for setting of a Frye/Cooper hearing (Doc. [1676]). Accordingly, IT IS ORDERED setting a Frye/Cooper hearing for August 15, 2023, at 9:30 a.m. before Judge Fine in courtroom 303. One hour has been set aside for this hearing. Defendants must personally appear with their counsel. Signed by Magistrate Judge Deborah M. Fine on 8/7/2023. (MRH)
ORDER as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED referring this matter to Magistrate Judge Deborah M. Fine for purposes of setting a Frye/Cooper Hearing as soon as practicable at which time the United States may make a record in the presence of Defendants as to the United States' plea offers. Signed by Judge Diane J Humetewa on 8/4/2023.(LFIG)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: In-Court Status Hearing as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 8/4/2023. Government's oral motion to dismiss the Superseding Indictment against Defendant James Larkin only is granted. Trial continuance discussed. IT IS ORDERED continuing the Jury Trial for 8/29/2023 at 9:00 AM in Special Proceedings Courtroom, 2nd Floor, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. An In-Court Status Hearing is hereby set for 8/18/2023 at 9:30 AM in Special Proceedings Courtroom, 2nd Floor, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. (Court Reporter Cathy Taylor.) Hearing held 1:49 PM to 2:36 PM.(LFIG)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FINAL PRETRIAL CONFERENCE proceedings as to (1)Michael Lacey, (2)James Larkin, (3)Scott Spear, (4)John Brunst, (6)Andrew Padilla, & (7)Joye Vaught held on 07/27/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda E. Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 8/31/2023. Redacted Transcript Deadline set for 9/11/2023. Release of Transcript Restriction set for 11/8/2023. (RAP)
ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that the parties shall be prepared to discuss at the August 4, 2023 hearing, 1. What progress defense counsel has made, if any, to identify a new data housing system and Trial Director "hot seat" person; 2. Whether the parties are agreeable to a shorter trial; 3. Whether the parties are willing to shorten the length of the juror questionnaires and if so, which questions they would agree to remove. Signed by Judge Diane J Humetewa on 8/3/2023.(LFIG)
RESPONSE re: [1657] Notice (Other) re Defendants' Objection to the Court's Proposed Jury Instruction Relating to the First Amendment by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Kozinets, Peter)
RESPONSE to Defendants' Emergency Motion to Continue Trial filed August 2, 2023 by USA as to Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Berry, Austin)
ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED vacating the August 3, 2023 setting for the parties to meet with AV Support, to be reset at a later date. ORDERED by Judge Diane J Humetewa on 8/2/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
NOTICE of Objection to Proposed Statement of the Case by Michael Lacey, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: [1656] Order. (Lincenberg, Gary)
NOTICE of Objection to First Amendment Jury Instruction on behalf of Michael Lacey, John Brunst, Scott Spear, Andrew Padilla, Joye Vaught by Michael Lacey. (Cambria, Paul)
NOTICE OF FILING OF DRAFT JOINT STATEMENT OF THE CASE AND DRAFT JURY INSTRUCTIONS as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. Signed by Judge Diane J Humetewa on 8/2/2023.(LFIG)
ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that counsel shall meet and confer on one or two additional voir dire questions related to the jury panel's awareness of recent events to probe whether they have heard of anything related to the impending trial and if so, whether it will impact their ability to be a fair and/or impartial juror. The parties shall submit that question(s) to the Court by 10:00 a.m. on August 4, 2023. Signed by Judge Diane J Humetewa on 8/2/2023.(LFIG)
TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 7/27/2023, Judge Diane J Humetewa hearing judge(s). (Rapp, Kevin)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Final Pretrial Conference held on 7/27/2023 as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). The Court rules on the pending Motions in Limine (Docs. [1592], [1598], [1600]). IT IS ORDERED that by 7/31/2023, Defendants may file a supplemental motion no longer than seven (7) pages regarding the draft Travel Act jury instructions and specific references to state law. The Government shall respond by 8/2/2023. No reply is permitted. Jury Questionnaires discussed and rulings made by the Court. IT IS ORDERED setting a Hearing for 8/4/2023 at 1:00 PM in Special Proceedings Courtroom, 2nd Floor, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. The Court will take up the statement of the case, permit the parties to make a record on the finalized jury instructions, and address miscellaneous issues related to the trial. (Court Reporter Hilda Lopez.) Hearing held 1:04 PM to 6:58 PM.(LFIG)
ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). IT IS ORDERED denying Defendants' Motions in Limine (Docs. [1588] [1589], [1591], [1593]). ORDERED granting in part as set forth in this Order, the Government's Motions in Limine (Docs. [1590], [1596]. IT IS FURTHER ORDERED granting the Government's Motions in Limine (Docs. [1594], [1595], [1597], and [1599]). Signed by Judge Diane J Humetewa on 7/24/2023. (See Order for details.) (LFIG)
TRIAL BRIEF by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # (1) Exhibit A)(Stone, Andrew)
ORDER: IT IS ORDERED that Defendants' Motion for Reconsideration (Doc. [1622]) is denied. Signed by Judge Diane J Humetewa on 7/20/2023. (See Order for details.) (LFIG)
MINUTE ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Final Pretrial Conference RESET AS TO LOCATION ONLY for 7/27/2023 at 1:00 PM in the Special Proceedings Courtroom (Courtroom 200), 2nd Floor, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
SUPPLEMENT by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught [1622] MOTION for Reconsideration re: [1587] Order on Motion to Dismiss All Charges. (Cambria, Paul) *Modified to add linkage on 7/18/2023 (DXD).
NOTICE of Attorney Appearance by Ernest Allen as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Nash, Alexandra)
Remark: Pro hac vice motion(s) granted for Sara Kropf on behalf of Movant Ernest Allen. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that the completed juror questionnaires will be reviewed at the time of the Final Pretrial Conference set for July 27, 2023 at 1:00 p.m. in Courtroom 605. The completed questionnaires will be made available to counsel on a USB flash drive that can be picked up in the Jury Administration Office on July 21, 2023. IT IS FURTHER ORDERED that the parties shall meet and confer prior to the Final Pretrial Conference. On or before July 21, 2023, chambers will email the parties a form list on which the parties shall indicate those jurors they agree should be stricken for cause or hardship and those jurors they disagree should be stricken for cause or hardship. This joint list shall not be filed. The Court will rule on any disputed jurors at the Final Pretrial Conference. Signed by Judge Diane J Humetewa on 7/13/2023.(LFIG)
NOTICE of Response to Defendants' Notice of Supplemental Authority (Doc. 1632) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [1632] Notice (Other). (Kozinets, Peter)
ORDER denying "Defendant Michael Lacey's Unopposed Motion for Relief from Trial Schedule Conflict" (Doc. [1629]). Signed by Judge Diane J Humetewa on 7/6/2023.(LFIG)
RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [1622] MOTION for Reconsideration re: [1587] Order on Motion to Dismiss All Charges, . (Kozinets, Peter)
NOTICE of Intent to Introduce Expert Testimony - Christina Decoufle by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Perlmeter, Margaret)
NOTICE of Filing Case Related Documents by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Rapp, Kevin)
Amended NOTICE of Intent to Introduce Expert Testimony - Matthew Frost by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Berry, Austin) *Modified text on 7/3/2023 (DXD).
ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that the Government shall file its response to the Motion for Reconsideration (Doc. [1622]) by July 3, 2023. Defendants shall have until July 6, 2023, to file a supporting reply brief. Signed by Judge Diane J Humetewa on 6/29/2023.(LFIG)
ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. Upon consideration of the United States' Unopposed Motion to Extend Deadline to File Case Related Documents (Doc. [1620]), IT IS ORDERED granting the Motion (Doc. [1620]) and allowing through and including 5 p.m. on June 30, 2023 for the parties to file their pretrial related documents. ORDERED by Judge Diane J Humetewa on 6/28/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
MOTION to Continue by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # (1) Proposed Order)(Stone, Andrew)
ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED resetting the date and time for the parties to meet with AV Support. Both sides shall meet with AV Support on August 3, 2023, in Courtroom 605 instead of the previously scheduled times on July 27, 2023. Representatives from the Government shall come at 9:30 a.m. and representatives from the Defense shall come at 11:00 a.m. Signed by Judge Diane J Humetewa on 6/23/2023.(LFIG)
RESPONSE in Opposition by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [1597] MOTION in Limine to Preclude References to Court Decisions, Rulings, Opinions, or Results from Prior Litigation Filed by or Against Backpage.com, LLC or its owner(s) . (Roth, Joseph)
RESPONSE in Opposition by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [1594] MOTION in Limine to Preclude References to Section 230 of the Communications Decency Act . (Roth, Joseph)
RESPONSE in Opposition by Joye Vaught as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [1598] MOTION in Limine to Preclude Defense from Commenting on Legitimacy of Prosecution . (Bertrand, Joy)
RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [1589] MOTION in Limine DEFENDANTS MOTION IN LIMINE TO PRECLUDE IRRELEVANT AND PREJUDICIAL TESTIMONY . (Perlmeter, Margaret)
RESPONSE in Opposition by Andrew Padilla as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [1592] MOTION in Limine to Preclude Defense From Arguing Legality of Ads . (Eisenberg, David)
RESPONSE in Opposition by Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: [1599] MOTION in Limine to Preclude Defendants' Purported Good Faith Reliance on Advice of Counsel . (Lincenberg, Gary)
RESPONSE re: [1593] MOTION in Limine DEFENDANTS MOTION IN LIMINE TO PRECLUDE IRRELEVANT AND INADMISSIBLE EVIDENCE RE MERSEY AND ELMS by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin)
RESPONSE re: [1588] MOTION in Limine ro Preclude Testimony, Statements, or Arguments that Escort Services, Dating Ads, Massage Services and Adult Advertising are Unlawful or Presumed to Involve Prostitution by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Kozinets, Peter)
RESPONSE re: [1591] MOTION in Limine to Preclude References to Alleged Former Prostitution Marketing Strategies by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew)
RESPONSE in Opposition by Michael Lacey as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [1590] MOTION in Limine to Preclude References to First Amendment and Free Speech . (Cambria, Paul)
MOTION in Limine to Preclude Defense from Referencing Craigslist Meetings with Attorneys General by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin)
MOTION in Limine to Preclude Defendants' Purported Good Faith Reliance on Advice of Counsel by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Stone, Andrew)
MOTION in Limine to Preclude Defense from Commenting on Legitimacy of Prosecution by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin)
MOTION in Limine to Preclude References to Court Decisions, Rulings, Opinions, or Results from Prior Litigation Filed by or Against Backpage.com, LLC or its owner(s) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin)
MOTION in Limine to Preclude Defense from Introducing Non-Witness or Non-Evidence by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin)
MOTION in Limine to Preclude References to Certain Other Litigation by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin)
MOTION in Limine to Preclude References to Section 230 of the Communications Decency Act by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin)
MOTION in Limine to Preclude Defense From Arguing Legality of Ads by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin)
MOTION in Limine to Preclude References to First Amendment and Free Speech by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Rapp, Kevin)
ORDER denying Defendants' [1557] Motion to Dismiss Superseding Indictment as to James Larkin (2). Order applies to Defendants Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, and Joye Vaught. Signed by Judge Diane J Humetewa on 5/31/2023. (See Order for details.) (LFIG)
ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that the Oral Argument set for May 22, 2023 (Doc. 1578), on Defendants' Motion to Dismiss the Superseding Indictment is VACATED. A written Order will issue. ORDERED by Judge Diane J Humetewa on 5/16/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1584
Filed: 5/11/2023, Entered: 5/11/2023
order on motion for miscellaneous relief
ORDER: Upon review of Defendants' Motions for Leave to Appear Telephonically and/or by Videoconference (Docs. [1581], [1582], [1583]) as to Michael Lacey (1), John Brunst (4), and Andrew Padilla (6), IT IS ORDERED granting the Motions and counsel for these Defendants will be provided with additional instructions for their respective remote appearances by separate e-mail notification, shortly before the hearing date. ORDERED by Judge Diane J Humetewa on 5/11/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
MOTION for Leave to Appear Counsel to appear by phone or videoconferencing re: [1578 Minute Order, Set/Reset Motion Hearings as to attorney Paul J. Cambria, Jr. by Michael Lacey. (Attachments: # (1) Proposed Order to appear by phone or videoconferencing)(Cambria, Paul)
Order on Motion for Extension of Time to File Response / Reply
ORDER granting the [1579] Motion for Extension of Time as to James Larkin (2). ORDERED that Defendants James Larkin, Michael Lacey, Scott Spear, Jed Brunst, Andrew Padilla, and Joye Vaught shall file their Reply to the pending Motion to Dismiss on or before May 12, 2023. Signed by Judge Diane J Humetewa on 5/2/2023.(LFIG)
MINUTE ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Oral Argument re: [1557] MOTION to Dismiss Superseding Indictment is set for 5/22/2023 at 11:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
RESPONSE to Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [1557] MOTION to Dismiss SUPERSEDING INDICTMENT . (Kozinets, Peter)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION TO CONTINUE TRIAL proceedings as to (1)Michael Lacey, (2)James Larkin, (3)Scott Spear, (4)John Brunst, (6)Andrew Padilla, & (7)Joye Vaught held on 03/20/2023, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda E. Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/15/2023. Redacted Transcript Deadline set for 5/24/2023. Release of Transcript Restriction set for 7/24/2023. (RAP)
ORDER granting Defendant's [1560] Motion to Amend Conditions of Release as to Michael Lacey (1) as set forth in this Order. Signed by Judge Diane J Humetewa on 4/7/2023.(LFIG)
Order on Motion for Extension of Time to File Response / Reply
ORDER: Before the Court is the United States' Unopposed Motion to Extend Deadline to Respond to Motion to Dismiss Superseding Indictment as to James Larkin (2), Scott Spear (3) (Doc. [1558]). IT IS ORDERED the Motion (Doc. 1558) is granted in part to the extent that the Government shall file its Response to the Motion to Dismiss Superseding Indictment, no later than April 28, 2023. ORDERED by Judge Diane J Humetewa on 4/4/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
ORDER granting in part the [1526] Motion to Continue Trial filed as to James Larkin (2), Scott Spear (3). Jury Trial is RESET for 8/8/2023 at 9:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Final Pretrial Conference RESET for 7/27/2023 at 1:00 PM before Judge Diane J Humetewa. Motions in Limine due by 6/8/2023. Responses thereto due by 6/15/2023. Joint Pretrial Memorandum and case-related documents due by 6/29/2023. Trial will be held Tuesdays through Fridays beginning on August 8, 2023, and through November 3, 2023, or until the conclusion of trial. Should any counsel have a bona fide conflict with this schedule, he/she shall file a Notice, within seven (7) days of this Order, stating the date(s) and nature of the conflict for the Court's consideration. The Court will provide an electronic courtesy trial calendar to all counsel. Order to Continue Trial applies to the following defendants: Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. Signed by Judge Diane J Humetewa on 3/23/2023. (See Order for details.) (LFIG)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Oral Argument as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 3/20/2023 re: [1526] Motion to Continue Trial filed as to James Larkin (2), Scott Spear (3). Argument heard. IT IS ORDERED taking the matter under advisement. Order to follow. Appearances: AUSA Kevin Rapp, Andrew Stone, Peter Kozinets and Margaret Perlmeter for the Government. Retained attorney Paul Cambria (VTC) for Defendant Lacey. Defendant is present and released. Timothy Eckstein, Joseph Roth and Sarah Lawson for Defendant Larkin. Defendant is present and released. Knapp attorney Bruce Feder and CJA attorney Eric W. Kessler for Defendant Scott Spear. Defendant is present and released. Retained attorney Gary Lincenberg and Gopi Panchapakesan (VTC) for Defendant Brunst. Defendant is present by VTC and released. CJA attorney David Eisenberg for Defendant Padilla. Defendant is not present and his presence is waived by counsel. CJA attorney Joy Bertrand (telephonically) for Defendant Vaught. Defendant is not present and her presence is waived by counsel. (Court Reporter Hilda Lopez.) Hearing held 3:00 PM to 3:47 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
NOTICE of Response to the US' Position on Severance by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [1530] Response to Motion. (Eckstein, Timothy)
ORDER: Upon consideration of the [1529] Motion for Leave as to Michael Lacey (1) and [1531] Motion for Leave as to John Brunst (4), having no objection the Government and finding good cause appearing, IT IS ORDERED granting the Motions and counsel for Defendants Lacey and Brunst will be provided with remote appearance instructions via separate email communication. ORDERED by Judge Diane J Humetewa on 3/16/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
MOTION for Leave to Appear by phone or Video conferencing at March 20, 2023 Hearing as to attorney Paul J. Cambria, Jr. by Michael Lacey. (Attachments: # (1) Proposed Order)(Cambria, Paul)
ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED that Plaintiff shall file a Response to the Motion to Continue Trial (Doc. [1526]) by 9:00 AM on 3/14/2023. Plaintiff shall also set out its position on the issue of severing Defendants Lacey and Larkin for separate trial. Defendants may file a Response to Plaintiff's position on the issue of severing Defendants Lacey and Larkin for separate trial by 5:00 PM on 3/17/2023. IT IS FURTHER ORDERED setting Oral Argument for 3/20/2023 at 3:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 3/9/2023.(LFIG)
ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Final Pretrial Conference set for 6/14/2023 at 1:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Motions in Limine due by 4/21/2023. Responses thereto due by 4/28/2023. No replies are permitted. Joint Pretrial Memorandum due by 5/12/2023. Signed by Judge Diane J Humetewa on 2/16/2023. (See Order for details.) (LFIG) Modified text on 2/21/2023 (LFIG).
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Status Conference as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 11/2/2022. Firm trial date discussed. IT IS ORDERED resetting a Jury Trial in this matter for June 20, 2023. Trial will be held Tuesday through Friday beginning on June 20, 2023 and through August 31, 2023 or until the conclusion of trial. Trial will be in recess on July 4-5, 2023, July 31-August 2, 2023, and September 1 and 5, 2023. IT IS FURTHER ORDERED that within seven (7) days, the parties shall file a Notice identifying any conflicts with these trial dates. Appearances: AUSA Kevin Rapp, Andrew Stone, Peter Kozinets, Margaret Perlmeter and Daniel Boyle for the Government. Retained attorney Paul Cambria and Erin McCampbell Paris (telephonically) for defendant Lacey. Defendant's appearance is waived by counsel. Retained attorney Thomas Bienert Jr (telephonically) for defendant Larkin. Defendant is present and released. Retained attorney Bruce Feder (telephonically) for defendant Spear. Defendant's presence is waived by counsel. Retained attorney Gopi Panchapakesan and Gary Lincenberg (telephonically) for defendant Brunst. Defendant is present and released. CJA attorney David Eisenberg for defendant Padilla. Defendant's presence is waived by counsel. CJA attorney Joy Bertrand for defendant Vaught. Defendant's presence is waived by counsel. (Court Reporter Hilda Lopez.) Hearing held 10:01 AM to 10:25 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1493
Filed: 11/1/2022, Entered: 11/1/2022
Minute Order
MINUTE ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: The Court has received inquiries from the public who wish to listen to the 11/2/2022 hearing. Members of the public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
ORDER: Upon consideration and finding good cause appearing, IT IS ORDERED granting the [1479], [1481] Motions to Appear Telephonically as to Defendants Michael Lacey (1) and Scott Spear (3). Counsel for Defendants Lacey and Spear will receive dialing instructions by separate e-mail prior to the hearing. ORDERED by Judge Diane J Humetewa on 10/24/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
MOTION for Leave to Appear via phone or video conference at November 2, 2022 Status Conference as to attorney Paul J. Cambria, Jr. by Michael Lacey. (Attachments: # (1) Proposed Order)(Cambria, Paul)
ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: The Court, having received the Ninth Circuit's Mandate (Doc. [1469]), requires all counsel to appear for a Status Conference on November 2, 2022 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003. The presence of attorneys' clients may be orally waived at the hearing. Any counsel unable to personally appear may seek leave to appear via video or telephone conference stating the reasons for such appearance. No later than three (3) days prior to the Status Conference, all counsel must meet and confer to discuss the preferred dates of trial (including jury selection) within the dates of January 31, 2023 through May 19, 2023 (excluding Mondays, federal holidays and March 7th). Any counsel not available during the proposed trial months/days, must specify the reasons (including whether any pending trial is on a matter predating the date of indictment in this case, and providing the Court with a case caption and number). ORDERED by Judge Diane J Humetewa on 10/17/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
MANDATE of USCA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: [1445] Notice of Appeal. AFFIRMED. (Attachments: # (1) Memo)(BAC)
TRANSCRIPT REQUEST 10/5/21 Status Hearing by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 10/05/21, Judge Susan M Brnovich hearing judge(s). (Kozinets, Peter)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS HEARING proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 10/05/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/7/2022. Redacted Transcript Deadline set for 3/15/2022. Release of Transcript Restriction set for 5/13/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 2/12/2022 (RAP).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC HEARING proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 09/09/2020, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/7/2022. Redacted Transcript Deadline set for 3/15/2022. Release of Transcript Restriction set for 5/13/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 2/12/2022 (RAP).
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME as to Jonathan Baum by Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Baum, Jonathan)
ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught: Upon the Court's review of the docket, IT IS ORDERED that the Status Conference set for January 31, 2022 (Docs. [1336], [1374]) is VACATED. IT IS FURTHER ORDERED that the Jury Trial set for February 9, 2022 (Doc. [1336], [1374]) is VACATED, to be reset following resolution of Defendants' Appeal to the Ninth Circuit (Doc. [1445]). IT IS FURTHER ORDERED that by February 28, 2022, the Government and Defendant Hyer shall file a Status Report regarding the Sentencing set for May 31, 2022, in which they shall inform the Court whether the parties intend to proceed as scheduled or if a continuance will be requested. ORDERED by Judge Diane J Humetewa on 1/10/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENT proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 12/13/2021, before Judge DIANE J. HUMETEWA. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/15/2022. Redacted Transcript Deadline set for 2/25/2022. Release of Transcript Restriction set for 4/25/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 1/25/2022 (RAP).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENT proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 12/03/2021, before Judge DIANE J. HUMETEWA. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/15/2022. Redacted Transcript Deadline set for 2/25/2022. Release of Transcript Restriction set for 4/25/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 1/25/2022 (RAP).
TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 12/3/2021 and 12/13/2021, Judge Diane J Humetewa hearing judge(s). (Kozinets, Peter)
USCA Case Number as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: [1445] Notice of Appeal. Case number 22-10000, Ninth Circuit. (BAC)
NOTICE OF APPEAL to 9th Circuit Court of Appeals by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught re: [1444] Order on Motion to Compel, Order on Motion to Dismiss All Charges. Filing fee received: $ 505.00, receipt number 0970-20209213. (Bernstein, Whitney)
ORDER denying Defendants' [1355] Motion to Dismiss as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). ORDERED denying Defendants' [1281] Motion to Compel Government to Comply with its Brady and Giglio Obligations. Signed by Judge Diane J Humetewa on 12/28/2021. (See Order for details.) (LFIG)
TRANSCRIPT REQUEST Hearing by Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught for proceedings held on 12/03/2021, Judge Diane J Humetewa hearing judge(s). (Hoelscher, Jason)
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Oral Argument re: [1281] Motion to Compel Government to Comply with its Brady and Giglio Obligations as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 12/13/2021. Argument heard. IT IS ORDERED taking the matter under advisement. Discussion held re: edits and corrections to the juror questionnaire. IT IS ORDERED taking the Government's substantive modification requests under advisement. Appearances: AUSA Reginald Jones, Margaret Perlmeter, Kevin Rapp, Andrew Stone, Peter Kozinets, Daniel Boyle for the Government; retained attorneys John Cambria for Defendant Michael Lacey, Whitney Bernstein for Defendant Larkin, Bruce Feder for Defendant Spear, Gopi Panchapakesan for Defendant Brunst, CJA attorneys David Eisenberg for Defendant Padilla, and Joy Bertrand for Defendant Vaught. Defendants Lacey, Spear and Brunst are present and released. The physical presence of Defendants Larkin, Padilla and Vaught are waived by respective counsel. Defendants are released. LATER (off the record): IT IS ORDERED denying the Government's request to insert the additional questions to the proposed final juror questionnaire. (Court Reporter Linda Schroeder-Willis.) Hearing held 1:30 PM to 3:00 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) *Modifed text on 12/16/2021. (LFIG)
RESPONSE re: [1437] Supplement by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # (1) Exhibit A)(Kozinets, Peter)
ORDER denying Defendants' [1366] Motion to Partially Vacate Seizure Warrants and Release Funds as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4). IT IS FURTHER ORDERED denying the Government's [1397] Motion for Leave to File a Surreply. Signed by Judge Diane J Humetewa on 12/10/2021. (See Order for details.) (LFIG)
ORDER granting the [1427] Motion to Withdraw Movant Carl Ferrer's Attorneys as to Michael Lacey (1). IT IS FURTHER ORDERED that Nanci Clarence and Shaneeda Jaffer are hereby withdrawn from further representation of Movant Carl Ferrer. ORDERED by Judge Diane J Humetewa on 12/8/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1433
Filed: 12/8/2021, Entered: 12/8/2021
Order
ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: IT IS ORDERED the Court will hear Oral Argument re: Defendants' Motion to Compel Government to Comply with its Brady and Giglio Obligations (Doc. [1281]) on 12/13/2021 (Doc. [1406]). The Court will allow each side 20 minutes to present; Defendants will have 5 minutes for rebuttal. Oral Argument will be held in Courtroom 604. ORDERED by Judge Diane J Humetewa on 12/8/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
SUPPLEMENT by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught [1355] MOTION to Dismiss filed by James Larkin. (Bernstein, Whitney)
*Additional Attachment to Main Document re: [1427] MOTION to Substitute Attorney Proposed Order Granting Motion to Withdraw as Movant Carl Ferrer's Attorneys as to Michael L acey. (Clarence, Nanci) *Modified to correct event on 12/6/2021 (DXD).
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Oral Argument re: [1355] Motion to Dismiss as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 12/3/2021. Argument heard. IT IS ORDERED taking the matter under advisement. Appearances: AUSA Peter Kozinets, Kevin Rapp, Andrew Stone, Reginald Jones, Margaret Perlmeter and Daniel Boyle (telephonically) for the Government; retained attorney John Cambria for Defendant Michael Lacey, retained attorneys Thomas Bienert Jr and Whitney Bernstein for Defendant Larkin, retained attorney Bruce Feder for Defendant Spear, retained attorney Gary Lincenberg for Defendant Brunst, CJA attorney David Eisenberg for Defendant Padilla, CJA attorney Joy Bertrand (telephonically) for Defendant Vaught. Defendants are present and released. Defendants Padilla and Vaught are released, not present and their presence is waived by counsel. (Court Reporter Linda Schroeder.) Hearing held 9:30 AM to 10:37 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1423
Filed: 12/2/2021, Entered: 12/2/2021
Minute Order
MINUTE ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: The Court has received inquiries from the public who wish to listen to the December 3, 2021 and December 13, 2021 hearings. Although the standard is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve[s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the December 3, 2021 and December 13, 2021 hearings will be permitted. Members of public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1422
Filed: 12/2/2021, Entered: 12/2/2021
Order on Motion for Leave to File Excess Pages
ORDER granting Defendants' Motion for Leave to File Excess Pages for Defendants' Joint Reply Brief in Support of Motion to Dismiss with Prejudice (Doc. [1409]) as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). IT IS FURTHER ORDERED that the docket shall reflect as filed, Defendants' Reply in Support of Motion to Dismiss with Prejudice (Doc. [1410]) and Exhibits (Doc. [1411]). ORDERED by Judge Diane J Humetewa on 12/2/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1421
Filed: 12/2/2021, Entered: 12/2/2021
order on motion for miscellaneous relief
ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7): Pending before the Court are several Motions and Responses that were filed prior to the Court declaring a mistrial in this matter. First, Defendants' Motion to Enforce the Court's May 7, 2021 Orders (Doc. [1254]). The Government filed a Response (Doc. [1261]). No reply was filed. Upon review of this briefing, IT IS ORDERED denying Doc. [1254] as moot and without prejudice to renew should the Government's Response be insufficient to address the issues raised in Defendants' Motion. For the same reasons, IT IS FURTHER ORDERED that Defendants' Motion for a Limiting Instruction (Doc. [1247]), to which the Government Responded (Doc. [1304]) is also denied. Also pending is the Government's Motion to Preclude Defendants' Advice of Counsel Defense (Doc. [1234]) to which the Defendants have Responded; Defendants also include a Renewed Motion to Dismiss for Outrageous Government Conduct in the same document (Doc. [1250]). No reply or response was filed. The Court observes many of the same arguments in these briefing (Docs. [1234] and [1250]) are made in Defendants' more recently-filed Motion to Dismiss (Doc. [1366]). Accordingly, IT IS FURTHER ORDERED that Docs. [1234] and [1250] are denied as redundant and moot and without prejudice to renew should the Court's rulings on the Motion to Dismiss (Doc. [1366]) or Defendants' Motion to Compel (Doc. [1281]) not address any issue raised therein. ORDERED by Judge Diane J Humetewa on 12/2/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1420
Filed: 12/2/2021, Entered: 12/2/2021
Order
ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: The matter having been fully briefed, the Court will provide attorneys for the Defendants and the Government 20 minutes each (40 minutes total) to argue their respective positions, and Defendants 5 minutes for rebuttal on December 3, 2021. In their oral argument, the Defendants are to specifically inform the Court why, in declaring the mistrial, the prior ruling of the Court finding "I dont see any of these as intentional misconduct" (Doc. [1347] at 5) forecloses their arguments in Sect II of their Motion (Doc. [1355]). ORDERED by Judge Diane J Humetewa on 12/2/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1419
Filed: 12/2/2021, Entered: 12/2/2021
Order on Motion for leave
ORDER: IT IS ORDERED granting the United States' [1408] Motion for Leave for Counsel to Appear by Phone or Video Conference at December 3, 2021 Hearing as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). For good cause showing, IT IS FURTHER ORDERED that Government's counsel, Dan Boyle, will be provided with dialing instructions separately. ORDERED by Judge Diane J Humetewa on 12/2/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught held on 08/20/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/28/2021. Redacted Transcript Deadline set for 1/7/2022. Release of Transcript Restriction set for 3/7/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 12/7/2021 (RAP).
TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 8/20/2021, Judge Susan M Brnovich hearing judge(s). (Rapp, Kevin)
ORDER Re Juror Questionnaire as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. Signed by Judge Diane J Humetewa on 12/1/21. (Attachments: # (1) Attachment 1, # (2) Attachment 2) (Attachments cc: AUSA Kevin Rapp/Margaret Perlmeter/Reginald Jones/Andrew Stone/Peter Kozinets/Counsel for Defendants Lacey, Larkin, Spear, Brunst, Padilla and Vaught) (MAP)
*Exhibits to Reply in Support of [1355] Motion to Dismiss with Prejudice by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # (1) Exhibit T, # (2) Exhibit U, # (3) Exhibit V, # (4) Exhibit W, # (5) Exhibit X)(Bernstein, Whitney) *Modified from lodged to filed on 12/2/2021. (LFIG)
*REPLY to Response to Motion re: [1355] Motion to Dismiss with Prejudice by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Bernstein, Whitney) *Modified from lodged to filed on 12/2/2021. (LFIG)
MOTION for Leave to Appear by Phone or Videoconference at December 3, 2021 Hearing by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # (1) Proposed Order)(Boyle, Daniel)
ORDER: IT IS ORDERED granting the [1401] Motion for Leave for Counsel to Appear by Phone or Videoconferencing at December 3, 2021 Hearing as to Joye Vaught (7). IT IS FURTHER ORDERED that counsel for Defendant Vaught will be provided with dialing instructions separately. ORDERED by Judge Diane J Humetewa on 11/30/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1406
Filed: 11/23/2021, Entered: 11/23/2021
Set/Reset Motion Hearings
MINUTE ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Oral Argument re: Motions that are not already resolved, is set for 12/13/2021 at 1:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1403
Filed: 11/23/2021, Entered: 11/23/2021
Order on Motion for Extension of Time to File Response / Reply
ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7): IT IS ORDERED that Defendants' First Unopposed Motion for Extension of Time to File its Reply in Support of its Motion to Dismiss (Doc. [1396]) is GRANTED. Defendants shall file their Reply to the Motion to Dismiss (Doc. [1393]) no later than November 30, 2021. ORDERED by Judge Diane J Humetewa on 11/23/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1402
Filed: 11/23/2021, Entered: 11/23/2021
Order on Motion For Leave to File.
ORDER granting the United States' Motion for Leave to File Excess Pages (Doc. [1392]) as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). IT IS FURTHER ORDERED that the docket shall reflect as filed, the United States' Response in Opposition to Defendants' Motion to Dismiss (Doc. [1393]). ORDERED by Judge Diane J Humetewa on 11/23/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
*NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME as to Jonathan Baum by Movant Carl Ferrer re Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Baum, Jonathan) *Modified to correct filer on 11/22/2021 (LAD).
ORDER denying Defendants' [1378] Motion for Recusal as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaugh. Signed by Judge Diane J Humetewa on 11/19/2021. (See Order for details.) (LFIG)
**Denied per Order [1438]** LODGED Proposed United States' Surreply to Defendants' Motion to Partially Vacate Seizure Warrants and Release Funds (Doc. 1366) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst re: [1397] MOTION for Leave to File a Surreply to Defendants' Motion to Partially Vacate Seizure Warrants and Release Funds (Doc. 1366). Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. (Boyle, Daniel) Modified on 4/29/2022 (DXD).
MOTION for Leave to File a Surreply to Defendants' Motion to Partially Vacate Seizure Warrants and Release Funds (Doc. 1366) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst. (Attachments: # (1) Proposed Order)(Boyle, Daniel)
*RESPONSE re: United States' Response In Opposition to Defendants' Motion to Dismiss (Doc. [1355]) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Kozinets, Peter) *Modified from lodged to filed on 11/23/2021. (LFIG)
MOTION for Leave to File Excess Pages in Support of United States' Response in Opposition to Defendants' Motion to Dismiss With Prejudice (Doc. 1355) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # (1) Proposed Order)(Kozinets, Peter)
REPLY TO RESPONSE to Motion by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst re: [1366] Joint MOTION for Release of Funds on behalf of Defendants Michael Lacey, James Larkin, John Brunst, and Scott Spear . (Attachments: # (1) Exhibit A)(Bernstein, Whitney)
ORDER granting the Motions to Unseal Transcript (Docs. [1381], [1383]) as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). ORDERED unsealing the transcript of the proceeding held on May 3, 2021 for the purpose of transcription and release of the transcript to the United States and Defendant Larkin. The transcript shall otherwise remain under seal until further Order of this Court. Signed by Judge Diane J Humetewa on 11/9/2021.(LFIG)
RESPONSE re: [1366] Joint MOTION for Release of Funds on behalf of Defendants Michael Lacey, James Larkin, John Brunst, and Scott Spear(In Opposition) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst. (Attachments: # (1) Exhibit 1)(Boyle, Daniel)
*RESPONSE to Motion re: [1378] MOTION Defendants' Joint Motion Requesting Status Conference MOTION for Recusal Response to Recusal Motion by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # (1) Exhibit A)(Stone, Andrew) *Modified event on 11/9/2021. (LFIG)
MOTION to Unseal Document for Limited Purpose by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # (1) Proposed Order)(Stone, Andrew)
ORDER denying Defendants' Joint Motion Requesting Status Conference (Doc. [1378]) as to as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. ORDERED the parties are to meet and confer regarding their availability for possible hearing times on their pending motions as set forth in this Order, and notify the Court as to their availability by November 12, 2021. Signed by Judge Diane J Humetewa on 11/5/2021.(LFIG)
ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Before the Court is Defendants' Joint Motion Requesting Status Conference (Doc. [1378]). The Court will construe the Joint Motion in part, as a Motion for the Court's Recusal. The Court will allow for an expedited briefing schedule on that request. IT IS ORDERED that the Government may file a response to the Motion for Recusal by November 8, 2021, and Defendants may file a reply, if any, by November 10, 2021. The remaining requests in Doc. [1378] will be addressed by separate Order. ORDERED by Judge Diane J Humetewa on 11/5/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1377
Filed: 11/4/2021, Entered: 11/4/2021
Order
ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Having further reviewed the trial calendar, IT IS ORDERED that trial will begin immediately after jury selection and will be held on Tuesday, February 15 through Friday, February 18, 2022. Trial will not be held on March 4, 2022. Therefore, trial will commence on February 9, 2022 and proceed through approximately April 29, 2022. ORDERED by Judge Diane J Humetewa on 11/4/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1376
Filed: 11/3/2021, Entered: 11/3/2021
Set/Reset Motion Hearings
MINUTE ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Oral Argument re Defendants' Motion to Dismiss (Doc. [1355]) is set for 12/3/2021 at 9:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1375
Filed: 11/2/2021, Entered: 11/2/2021
Order on Motion for Extension of Time to File Response / Reply
ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), Andrew Padilla (6), Joye Vaught (7): Upon consideration of the United States' Unopposed Motion to Extend Deadline for Responding to Defendants' Motion to Dismiss (First Request) (Doc. [1373]), and finding good cause appearing, IT IS ORDERED granting the Motion (Doc. [1373]) and allowing through and including November 17, 2021, for the United States to file its Response to Defendants' Motion to Dismiss with Prejudice (Doc. [1355]). ORDERED by Judge Diane J Humetewa on 11/2/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
1374
Filed: 11/2/2021, Entered: 11/2/2021
Order
ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: Having recently been reassigned this case, the Court hereby informs the parties that it intends to hold them to the Final Pretrial Conference and trial dates previously set by Judge Brnovich. Absent extraordinary circumstances, the Court will not entertain requests to modify or continue the existing trial schedule. Further, any request for status conference or hearing shall be in writing and clearly identify the necessity of the relief sought. ORDERED by Judge Diane J Humetewa on 11/2/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
Motion for Extension of Time to File Response/Reply
MOTION for Extension of Time to File Response/Reply re: [1355] MOTION to Dismiss (Unopposed) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # (1) Proposed Order)(Kozinets, Peter)
ORDER: Before the Court are Defendants' Motion for Leave to File Excess Pages for Defendants' Joint Motion to Dismiss With Prejudice (Doc. [1354]), Defendant Padilla's Notice of Joinder (Doc. [1358]), and the United States' Response in Opposition (Redacted Version) (Doc. [1361]) as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). Upon consideration, IT IS ORDERED granting Defendants' Motion (Doc. [1354]). IT IS FURTHER ORDERED that the docket shall reflect as filed, Defendants' Motion to Dismiss With Prejudice (Doc. [1355]). ORDERED by Judge Diane J Humetewa on 11/1/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
*Defendants' Motion to Dismiss with Prejudice and Exhibits A-R by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught (Attachments: # (1) Attachment Index of Exhibits, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M, # (15) Exhibit N, # (16) Exhibit O, # (17) Exhibit P, # (18) Exhibit Q, # (19) Exhibit R)(Bernstein, Whitney) *Modified from lodged to filed on 11/1/2021. (LFIG)
ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Dan Hyer (5), Andrew Padilla (6), Joye Vaught (7). IT IS ORDERED this case be reassigned, by lot, to another Judge in the District of Arizona. IT IS FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable Diane J. Humetewa. All future pleadings and papers submitted for filing shall bear the following complete case number: CR-18-00422-PHX-DJH. Signed by Judge Susan M. Brnovich on 10/29/2021.(ESG)
REPLY re: [1348] Notice (Other) Defendants' Reply in Support of Defendants' Proposed Changes to Juror Questionnaire by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Bernstein, Whitney)
RESPONSE re: [1361] Response Defendants' Response to Government's Objections to Oversize Brief by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Bernstein, Whitney)
RESPONSE re: [1354] MOTION for Leave to File Excess Pages in Opposition (Redacted Version) by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Kozinets, Peter)
RESPONSE re: [1348] Notice (Other) United States' Objections to Defendants' Proposed Supplemental/Revised Questions for Juror Questionnaire by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Stone, Andrew)
ORDER granting the [1351] Motion to Confirm Trial Subpoenas as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7). IT IS FURTHER ORDERED that all trial subpoenas issued for the previous trial dates in this case shall remain in effect for the current trial date of February 9, 2022. Signed by Judge Susan M Brnovich on 10/20/2021. (ESG)
RESPONSE re: [1349] Notice (Other) Defendants' Response to Government's Proposed Changes to Jury Questionnaire by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Bernstein, Whitney)
MOTION to Confirm Trial Subpoenas by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # (1) Proposed Order)(Rapp, Kevin)
NOTICE of Filing Proposed Changes to Jury Questionnaire by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught. (Attachments: # (1) Exhibit)(Perlmeter, Margaret)
MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Status Conference as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), and Joye Vaught (7) held on 10/5/2021. Jury Trial set for 2/9/2022 at 09:00 AM. Status Conference set for 1/31/2022 at 09:00 AM to be held via ZOOM. See attached PDF for complete details and deadlines. (Court Reporter Christine Coaly) Hearing held 11:02 AM to 11:24 AM. (ESG)
ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7): The Court has received inquiries from the public who wish to listen to the October 5, 2021 hearing. Although the standard is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve [s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the October 5, 2021 hearing will be permitted. Members of public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. ORDERED by Judge Susan M. Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
REPLY TO RESPONSE to Motion by James Larkin as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Dan Hyer, Andrew Padilla, Joye Vaught re: [1281] MOTION to Compel Government to Comply with Its Brady And Giglio Obligations on Behalf of All Defendants . (Bernstein, Whitney)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 8 proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/14/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 7 - P.M. SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/13/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 7 - A.M. SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/13/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 5 proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/09/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - AFTERNOON SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/08/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Barbara H. Stockford, RMR, CRR, CRC, Telephone number (602) 322-7247]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 4 - A.M. SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/08/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 3 - P.M. SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/03/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 3 - A.M. SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/03/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 2 - P.M. SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/02/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - MORNING SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/02/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Barbara H. Stockford, RMR, CRR, CRC, Telephone number (602) 322-7247]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 1 proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/01/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (RAP) *Modified date filed to match transcript tracker due date for consecutive docketing of trial on 10/7/2021 (RAP).
TRANSCRIPT REQUEST by Michael Lacey, James Larkin, Scott Spear, John Brunst for proceedings held on 9/1/2021; 9/2/2021; 9/3/2021; 9/8/2021; 9/9/2021; 9/10/2021; 9/13/2021; and 9/14/2021, Judge Susan M Brnovich hearing judge(s). (Bernstein, Whitney)
RESPONSE re: [1281] MOTION to Compel Government to Comply with Its Brady And Giglio Obligations on Behalf of All Defendants by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Jones, Reginald)
TRANSCRIPT REQUEST Amended by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 9/1, 9/2, 9/3, 9/8, 9/9, 9/13 & 9/14, Judge Susan M Brnovich hearing judge(s). (Stone, Andrew)
*(AMENDED TRANSCRIPT REQUEST FILED AT DOC. [1323]) - TRANSCRIPT REQUEST by USA as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 9/1/21, 9/2/21, 9/3/21, 9/9/21, 9/13/21, 9/14/21, Judge Susan M Brnovich hearing judge(s). (Stone, Andrew) *Modified to reference amended version and create docket entry relationship on 9/22/2021 (RAP).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 6 - P.M. SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/10/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/25/2021. Redacted Transcript Deadline set for 11/4/2021. Release of Transcript Restriction set for 1/3/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 10/4/2021 (RAP).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 6 - A.M. SESSION proceedings as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, & Joye Vaught held on 09/10/2021, before Judge SUSAN M. BRNOVICH. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/25/2021. Redacted Transcript Deadline set for 11/4/2021. Release of Transcript Restriction set for 1/3/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 10/4/2021 (RAP).
TRANSCRIPT REQUEST (Media/3rd Party) by David M Morgan of the Cochise County Record as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught for proceedings held on 09/14/2021, Judge Susan R Bolton hearing judge(s). (RAP)
ORDER as to Michael Lacey (1), James Larkin (2), Scott Spear (3), John Brunst (4), Andrew Padilla (6), Joye Vaught (7): granting in part and denying in part the United States' [1223] Motion re Bank Records and Summary Exhibits to the extent that the Court finds: (1) the bank records have been authenticated and are not excluded by the rule against hearsay, Rule 803(6) and (2) Summary exhibits A and D through I are true summary exhibits admissible pursuant to Fed. R. Evid. 1006 subject to foundational testimony. Exhibits B and C are not admissible at this time Signed by Judge Susan M. Brnovich on 9/15/2021. (ESG)
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