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Date: 08-11-2018

Case Style:

United States of America v. W. Joseph Astarita

District of Oregon Federal Courthouse - Portland, Oregon

Case Number: 3:17-cr-00226-JO-1

Judge: Robert E. Jones

Court: United States District Court for the District of Oregon (Multnomah County)

Plaintiff's Attorney: Pamala R. Holsinger, Gary Y. Sussman, Paul T. Maloney

Defendant's Attorney: David Angeli, Meghan Ferguson, Robert Cary, Tyler Francis

Description: 06/20/2017 1 Sealed Indictment as to W. Joseph Astarita (1) count(s) 1-3, False Statement 4-5, Obstruction of Justice (schm) Modified on 6/28/2017 (schm). Unsealed by Order #8 (Entered: 06/20/2017)
06/20/2017 2 Indictment Unredacted Version Filed Under Seal as to Defendant W. Joseph Astarita. (schm) (Entered: 06/20/2017)
06/20/2017 3 Defendant Information Relative to a Criminal Case Sheet as to Defendant W. Joseph Astarita. (In accordance with Fed. R. Crim. P. 49.1 this form document containing personal data identifiers is filed under seal). (schm) (Entered: 06/20/2017)
06/20/2017 6 Notice of Case Assignment to Judge Robert E. Jones. (schm) (Entered: 06/20/2017)
06/26/2017 11 Summons Returned Executed on 6/21/17 as to W. Joseph Astarita (cib) (Entered: 06/29/2017)
06/28/2017 7 Motion to Unseal Case filed by USA as to Defendant W. Joseph Astarita. (schm) (Entered: 06/28/2017)
06/28/2017 8 ORDER Granting 7 Motion to Unseal Case as to W. Joseph Astarita (1) Signed on 6/28/17 by Magistrate Judge Janice M. Stewart. (schm) (Entered: 06/28/2017)
06/28/2017 9 Order Setting Conditions of Release as to Defendant W. Joseph Astarita. Signed on 06/28/2017 by Magistrate Judge Janice M. Stewart. (lada). (Entered: 06/28/2017)
06/28/2017 10 Minutes of Proceedings: First Appearance and Arraignment held before Magistrate Judge Janice M. Stewart as to Defendant W. Joseph Astarita (USM #80387-065) on 6/28/2017. ORDER appointing counsel: Alison M. Clark for W. Joseph Astarita until Defendant retains other counsel. Arraignment held for W. Joseph Astarita on Counts 1-3 and 4-5. Defendant waives reading of the Indictment and proceeds as named. Defendant advised of rights. Not guilty pleas entered. Order that Discovery is due in 14 days. The Government does not seek detention and Defendant is released on own recognizance. A one-week Jury Trial is set for 8/29/2017 at 09:00 AM in Portland Courtroom 10A before Judge Robert E. Jones. Counsel Present for the Government: Pamala R. Holsinger and Gary Y. Sussman. Counsel Present for Defendant: Alison M. Clark. (Court Reporter Amanda LeGore) (gw) (Entered: 06/28/2017)
07/06/2017 12 Notice of Attorney Appearance Paul T. Maloney appearing for USA (Maloney, Paul) (Entered: 07/06/2017)
07/07/2017 13 Notice of Attorney Substitution: Attorney David H. Angeli and Tyler P. Francis added for W. Joseph Astarita in place and stead of Attorney Alison M. Clark. (Angeli, David) (Entered: 07/07/2017)
07/11/2017 14 Motion for Protective Order filed by USA as to Defendant W. Joseph Astarita. (Maloney, Paul) (Entered: 07/11/2017)
07/12/2017 15 Trial Management Order as to W. Joseph Astarita by Judge Robert E. Jones. ORDER counsel shall file all dispositive motions no later than three weeks prior to the trial date. ORDER counsel shall file all pretrial documents NO LATER THAN TWO WEEKS BEFORE the trial date (ECF original, and 1 copy): Motions in limine, Proposed voir dire, Jury instructions & Proposed Verdict forms List of Exhibits, List of Witnesses, Trial Memoranda. (Counsel : Please provide a copy of all trial documents for the courts use even if the page limit is under 5 pages)If a party wishes a CONTINUANCE of the trial date, a written motion in pleading form must be submitted AT LEAST TWO WEEKS PRIOR TO THE TRIAL DATE. Within the motion to continue, counsel needs to state if the defendant agrees with this request and waives his/her speedy trial rights. The moving party should contact the other side and state their position within the motion. (bp) (Entered: 07/12/2017)
07/12/2017 16 PROTECTIVE ORDER Granting 14 Motion for Protective Order as to W. Joseph Astarita (1). Signed on 7/12/2017 by Judge Robert E. Jones. (sss) (Entered: 07/12/2017)
07/12/2017 17 Motion for Leave to Appear Pro Hac Vice Attorney: Robert M. Cary. Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5076290 by Defendant W. Joseph Astarita. (Attachments: # 1 Attachment A) (Angeli, David) (Entered: 07/12/2017)
07/12/2017 18 ORDER Granting Application for Special Admission Pro Hac Vice 17 of Attorney Robert M. Cary for W. Joseph Astarita Application Fee in amount of $300 collected and Receipt No. 0979-5076290 issued as to W. Joseph Astarita (1) Signed on 7/12/2017 by Judge Robert E. Jones. (sss) (Entered: 07/13/2017)
07/13/2017 19 Notification of CM/ECF Account for Robert M. Cary (Pro Hac Vice admission). Your login is: rmcary. Go to the CM/ECF login page to set your password. (sss) (Entered: 07/13/2017)
07/21/2017 20 Motion for Leave to Appear Pro Hac Vice Pro Hac Admission Attorney: Meghan A. Ferguson. Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5086609 by Defendant W. Joseph Astarita. (Angeli, David) (Entered: 07/21/2017)
07/25/2017 21 Scheduling Order by Judge Robert E. Jones as to W. Joseph Astarita. Status Conference is set for 8/3/2017 at 01:00PM before Judge Robert E. Jones in Portland Courtroom 10A. Defendant's presence is not required at this hearing. (bp) (Entered: 07/25/2017)
07/25/2017 22 ORDER - Granting Application for Special Admission Pro Hac Vice 20 of Attorney Meghan A. Ferguson for W. Joseph Astarita Application Fee in amount of $300 collected and Receipt No. 0979-5086609 issued as to W. Joseph Astarita (1) Signed on 7/25/2017 by Judge Robert E. Jones. (ecp) (Entered: 07/25/2017)
07/25/2017 23 Notification of CM/ECF Account for Meghan A. Ferguson (Pro Hac Vice admission). Your login is: maferguson. Go to the CM/ECF login page to set your password. (ecp) (Entered: 07/25/2017)
08/03/2017 24 Minutes of Proceedings:Status Conference before Judge Robert E. Jones as to W. Joseph Astarita(USM #80387-065). Defense counsel waived defendant's appearance. Status conference held. See Order.Counsel Present for Plaintiff: Gary Y. Sussman, Pamala R. Holsinger, Paul T. Maloney.Counsel Present for Defendant: David H. Angeli, Robert M. Cary (by phone), Tyler Francis, Meghan A. Ferguson (by phone).(Court Reporter Dennis Apodaca). (bp) (Entered: 08/03/2017)
08/08/2017 25 ORDER CONTINUING TRIAL, FINDING EXCLUDABLE DELAY,ANDDESIGNATING CASE AS COMPLEX as to W. Joseph Astarita. At the request of the parties, the trial in this case, presently scheduled to beginon August 29, 2017, was continued to February 27, 2018. Based upon those findings, and upon the joint request of the parties, the Court finds thatthe period from August 3, 2017, through February 27, 2018, is a period of excludable pursuant to 18 U.S.C. 3161(h)(7)(A) and (B)(ii). See Formal Order. signed 8/8/17 by Judge Robert E. Jones. (Entered: 08/08/2017)
09/15/2017 26 Motion for Disclosure of Grand Jury Transcripts filed by USA as to Defendant W. Joseph Astarita. (Sussman, Gary) (Entered: 09/15/2017)
09/18/2017 27 ORDER by Judge Robert E. Jones Granting 26 Motion for Disclosure as to W. Joseph Astarita (1). (bp) (Entered: 09/18/2017)
09/18/2017 28 Motion to Compel Compliance with Scheduling Order Oral Argument requested. by Defendant W. Joseph Astarita. (Attachments: # 1 Exhibit A - Discovery Letter, # 2 Exhibit B - Aug. 3, 2017 Transcript) (Francis, Tyler) (Entered: 09/18/2017)
09/20/2017 29 Response to Motion by USA as to W. Joseph Astarita regarding Motion to Compel 28 filed by Defendant W. Joseph Astarita (Maloney, Paul) (Entered: 09/20/2017)
09/21/2017 30 Reply to Response to Motion by W. Joseph Astarita regarding Motion to Compel Compliance with Scheduling Order 28 (Angeli, David) (Entered: 09/21/2017)
09/21/2017 31 ORDER Denying 28 Motion to Compel Compliance with Scheduling Order as to W. Joseph Astarita (1). See formal order Signed on 9/21/17 by Judge Robert E. Jones. (schm) (Entered: 09/22/2017)
10/03/2017 32 Unopposed Motion to Continue / Reset Trial and Extend Briefing Schedule by Defendant W. Joseph Astarita. (Angeli, David) (Entered: 10/03/2017)
10/13/2017 33 ORDER by Judge Robert E. Jones Granting 32 Unopposed Motion to Extend Schedule and Continue Trial as to W. Joseph Astarita (1). Expert Witness Lists are due by 12/1/2017. Defendant's Motions are due by 1/12/2018. Government's Response is due by 2/2/2018. Defendant's Reply is due by 2/16/2018. Oral Argument is set for 2/26/2018 at 09:30AM before Judge Robert E. Jones in Portland Courtroom 10A. Motions in Limine are due by 4/9/2018. Motions in Limine Responses are due by 4/23/2018. Pretrial Conference is set for 5/1/2018 at 09:30AM before Judge Robert E. Jones in Portland Courtroom 10A. The 2/27/2018 Jury Trial is STRICKEN and Jury Trial is RESET for 5/8/2018 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A. This continuance constitutes excludable delay from 2/27/2018 through 5/8/2018, pursuant to 18 U.S.C. 3161(h)(7)(A). The court specifically finds, in granting the motion, that the ends of justice served by taking such action outweigh the best interests of the public and defendant in a speedy trial because the additional time is necessary to afford defense counsel sufficient time to investigate the facts of this case, to negotiate with the government, and to prepare for pretrial motions and jury trial, if necessary. If a party wishes a continuance of the trial date, a written motion in pleading form must be submitted AT LEAST TWO WEEKS PRIOR TO THE TRIAL DATE. Within the motion to continue, counsel needs to state if the defendant agrees with this request and waives his/her speedy trial rights. The moving party should contact the other side and state their position within the motion. (bp) (Entered: 10/13/2017)
12/01/2017 34 Expert Witness List by USA as to W. Joseph Astarita (Maloney, Paul) (Entered: 12/01/2017)
01/03/2018 35 Scheduling Order by Judge Robert E. Jones as to W. Joseph Astarita. Status Conference is set for 1/3/2018 at 01:30PM before Judge Robert E. Jones in Portland Courtroom 10A and by telephone conference call. (bp) (Entered: 01/03/2018)
01/03/2018 36 Minutes of Proceedings:Status Conference and Scheduling Order before Judge Robert E. Jones as to W. Joseph Astarita. ORDER:Expert Frank Piazza shall file his report by 2/5/2018. Daubert Motions to be filed by 3/30/2018. Government's response due 4/20/2018. Defendant's reply due 5/4/2018. Daubert Hearing is set for 5/21/2018 at 9:30AM before Judge Robert E. Jones in Portland Courtroom 10A. Pretrial Conference is set for 7/16/2018 at 09:30AM before Judge Robert E. Jones in Portland Courtroom 10A. Motions in Limine due 6/25/2018. Motions in Limine responses due 7/9/2018.The 5/8/2018 Jury Trial is STRICKEN and Jury Trial is RESET for 7/24/2018 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A. This continuance constitutes excludable delay from 5/8/2018 through 7/24/2018, pursuant to 18 U.S.C. 3161(h)(7)(A). The court specifically finds that the ends of justice served by taking such action outweigh the best interests of the public and defendant in a speedy trial because the additional time is necessary to afford defense counsel sufficient time to investigate the facts of this case, to negotiate with the government, and to prepare for pretrial motions and jury trial, if necessary. Counsel Present for Plaintiff: Paul T. Maloney, Pamala R. Holsinger, Gary Y. Sussman. Counsel Present for Defendant: Rob Cary (appeared by phone), Meg Ferguson (appeared by phone), David Angeli, Tyler Francis. Defendant waived appearance.(Court Reporter Jill Jessup) (bp) (Entered: 01/03/2018)
01/12/2018 37 Motion to Dismiss by Defendant W. Joseph Astarita. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Angeli, David) (Entered: 01/12/2018)
01/12/2018 38 Unopposed Motion for Leave to File Under Seal by Defendant W. Joseph Astarita. (Angeli, David) (Entered: 01/12/2018)
01/12/2018 39 ORDER by Judge Robert E. Jones Granting 38 Motion for Leave to File as to W. Joseph Astarita (1). (bp) (Entered: 01/12/2018)
02/01/2018 41 Unopposed Motion for Leave to File Under Seal filed by USA as to Defendant W. Joseph Astarita. (Maloney, Paul) (Entered: 02/01/2018)
02/01/2018 42 ORDER by Judge Robert E. JonesGranting 41 Motion as to W. Joseph Astarita (1). (bp) (Entered: 02/01/2018)
02/02/2018 43 Request for Discovery filed by USA as to W. Joseph Astarita (Maloney, Paul) (Entered: 02/02/2018)
02/02/2018 44 Redacted Response to Motion by USA as to W. Joseph Astarita regarding Motion to Dismiss 37 filed by Defendant W. Joseph Astarita Oral Argument requested. (Sussman, Gary) (Entered: 02/02/2018)
02/15/2018 46 Unopposed Motion for Leave to File Under Seal REPLY IN SUPPORT OF MOTION TO DISMISS by Defendant W. Joseph Astarita. (Angeli, David) Modified on 2/21/2018, to add text (schm). (Entered: 02/15/2018)
02/16/2018 47 Redacted Reply to Response to Motion by W. Joseph Astarita regarding Motion to Dismiss 37 (Attachments: # 1 Exhibit 1) (Angeli, David) (Entered: 02/16/2018)
02/21/2018 48 ORDER by Judge Robert E. Jones Granting 46 Motion for Leave to File as to W. Joseph Astarita (1). (bp) (Entered: 02/21/2018)
02/25/2018 50 Waiver of Appearance by W. Joseph Astarita (Angeli, David) (Entered: 02/25/2018)
03/02/2018 53 Scheduling Order by Judge Robert E. Jones as to W. Joseph Astarita. Defendant will waive appearance at the hearing. Status Conference is set for 3/6/2018 at 11:30AM before Judge Robert E. Jones in Portland Courtroom 10A. Counsel may appear by phone. (bp) (Entered: 03/02/2018)
03/05/2018 54 Scheduling Order by Judge Robert E. Jones as to W. Joseph Astarita. Status Conference time only is reset for 3/6/2018 at 11:00AM before Judge Robert E. Jones in Portland Courtroom 10A. Counsel may appear by phone or in person. Counsel for the defendant will waive appearance at the hearing. (bp) (Entered: 03/05/2018)
03/06/2018 55 Minutes of Proceedings:Status Conference before Judge Robert E. Jones as to W. Joseph Astarita (USM #80387-065). Experts to communicate without counsel. Stipulated that phone conversation may not be recorded. Two affidavits from the defense to the government will set the parameters for the expert to expert communication. Parties are to let the court know what is left in dispute. Tutorial demonstration will be set in April after counsel confer.Counsel Present for Plaintiff: Gary Y. Sussman, Paul T. Maloney. Counsel Present for Defendant: David H. Angeli, Meghan A. Ferguson (by phone), Robert M. Cary (by phone), Tyler Francis. Defendant waived appearance.(Court Reporter Dennis Apodaca) (bp) (Entered: 03/06/2018)
03/14/2018 56 Unopposed Motion for Protective Order filed as Government's Motion to Modify Protective Order [ECF No. 16] filed by USA as to Defendant W. Joseph Astarita. (Maloney, Paul) (Entered: 03/14/2018)
03/15/2018 57 ORDER MODIFYING PROTECTIVE ORDER Granting 56 Motion for Modification of Protective Order as to W. Joseph Astarita (1) Signed on 3/15/18 by Judge Robert E. Jones. (schm) (Entered: 03/15/2018)
03/29/2018 58 Amended Scheduling Order by Judge Robert E. Jones as to W. Joseph Astarita Brief is due by 4/4/2018. Response is due by 4/25/2018. Reply is due by 5/7/2018. (bp) . (Entered: 03/29/2018)
04/04/2018 59 Unopposed Motion for Leave to File Exhibits Under Seal by Defendant W. Joseph Astarita. (Angeli, David) (Entered: 04/04/2018)
04/04/2018 60 Unopposed Motion for Leave to File Media Intervenors' Unopposed Motion to Intervene filed by Advance Local Media, LLC., DBA Oregon Media Group, Oregon Public Broadcasting as to Defendant W. Joseph Astarita. (Green, Derek) (Entered: 04/04/2018)
04/04/2018 61 Motion to Unseal Document Media Intervenors' Motion to Unseal Court Records Oral Argument requested. filed by Advance Local Media, LLC., DBA Oregon Media Group, Oregon Public Broadcasting as to Defendant W. Joseph Astarita. (Green, Derek) (Entered: 04/04/2018)
04/04/2018 62 Declaration by Sarah Rothenfluch regarding Unopposed Motion for Leave to File Media Intervenors' Unopposed Motion to Intervene 60 filed by Movant Advance Local Media, LLC., DBA Oregon Media Group, Movant Oregon Public Broadcasting, Motion to Unseal Document Media Intervenors' Motion to Unseal Court Records 61 filed by Movant Advance Local Media, LLC., DBA Oregon Media Group, Movant Oregon Public Broadcasting (Green, Derek) (Entered: 04/04/2018)
04/04/2018 63 Declaration by Therese Bottomly regarding Unopposed Motion for Leave to File Media Intervenors' Unopposed Motion to Intervene 60 filed by Movant Advance Local Media, LLC., DBA Oregon Media Group, Movant Oregon Public Broadcasting, Motion to Unseal Document Media Intervenors' Motion to Unseal Court Records 61 filed by Movant Advance Local Media, LLC., DBA Oregon Media Group, Movant Oregon Public Broadcasting (Green, Derek) (Entered: 04/04/2018)
04/04/2018 64 ORDER by Judge Robert E. Jones Granting 59 Defendant's Unopposed Motion for Leave to File Under Seal as to W. Joseph Astarita (1). (bp) (Entered: 04/04/2018)
04/04/2018 65 Motion in Limine to Exclude Government Expert Reports and Testimony Oral Argument requested. by Defendant W. Joseph Astarita. (Attachments: # 1 Exhibit 1) (Angeli, David) (Entered: 04/04/2018)
04/04/2018 66 Declaration by Bruce E. Koenig regarding Motion in Limine to Exclude Government Expert Reports and Testimony 65 filed by Defendant W. Joseph Astarita (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6a, # 7 Exhibit 6b) (Angeli, David) (Entered: 04/04/2018)
04/04/2018 67 Declaration by Matthew Noedel regarding Motion in Limine to Exclude Government Expert Reports and Testimony 65 filed by Defendant W. Joseph Astarita (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Angeli, David) (Entered: 04/04/2018)
04/04/2018 68 Declaration by Alexander Jason regarding Motion in Limine to Exclude Government Expert Reports and Testimony 65 filed by Defendant W. Joseph Astarita (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Angeli, David) (Entered: 04/04/2018)
04/04/2018 69 Declaration by Eugene Liscio regarding Motion in Limine to Exclude Government Expert Reports and Testimony 65 filed by Defendant W. Joseph Astarita (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9) (Angeli, David) (Entered: 04/04/2018)
04/04/2018 70 Declaration by Clifford J. Mugnier regarding Motion in Limine to Exclude Government Expert Reports and Testimony 65 filed by Defendant W. Joseph Astarita (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Angeli, David) (Entered: 04/04/2018)
04/12/2018 73 Redacted Exhibit by W. Joseph Astarita regarding Declaration, 69 filed by Defendant W. Joseph Astarita (Exhibits 1, 5, 6, 7, and 9) (Attachments: # 1 Exhibit 5, # 2 Exhibit 6, # 3 Exhibit 7, # 4 Exhibit 9) (Francis, Tyler) (Main Document 73 replaced on 4/26/2018) (cw). (Entered: 04/12/2018)
04/12/2018 74 Redacted Exhibit by W. Joseph Astarita regarding Declaration, 67 filed by Defendant W. Joseph Astarita (Exhibit 1) (Francis, Tyler) (Main Document 74 replaced on 4/26/2018) (cw). (Entered: 04/12/2018)
04/12/2018 75 Redacted Exhibit by W. Joseph Astarita regarding Declaration, 66 filed by Defendant W. Joseph Astarita (Exhibits 2 and 4) (Attachments: # 1 Exhibit 4) (Francis, Tyler) (Entered: 04/12/2018)
04/17/2018 76 Unopposed Motion for Extension of Time Modify Briefing Schedule Re: Daubert Hearing filed by USA as to Defendant W. Joseph Astarita. (Maloney, Paul) (Entered: 04/17/2018)
04/19/2018 77 ORDER by Judge Robert E. Jones Granting 76 Motion for Extension of Time as to W. Joseph Astarita (1) Government's Response is due by 5/7/2018. Defendant's Reply brief is due by 5/14/2018. (bp) (Entered: 04/19/2018)
04/19/2018 78 Notice by USA as to W. Joseph Astarita filed as Government's Submission of Unredacted and Redacted Versions of Documents Originally Filed Under Seal (ECF No. 45) (Attachments: # 1 Attachment 1-Government's Unredacted Response to Motion to Dismiss Originally Filed Under Seal, # 2 Exhibit A-Redacted GJ Transcript (IM), # 3 Exhibit B-Redacted GJ Transcript (CS), # 4 Exhibit C-Redacted GJ Transcript (BM), # 5 Exhibit D-Redacted GJ Transcript (TS), # 6 Exhibit E-Redacted Sworn Statement (SH)) (Maloney, Paul) (Entered: 04/19/2018)
04/19/2018 79 Notice as to W. Joseph Astarita filed as Defendant's Submission of Unredacted and Redacted Versions of Documents Originally Filed Under Seal (Attachments: # 1 Attachment Unredacted Version of Defendants Motion to Dismiss, # 2 Attachment Exhibit 2 to Defendants Motion to Dismiss Grand Jury Testimony of I.M. (Redacted), # 3 Attachment Exhibit 3 to Defendants Motion to Dismiss Feb. 8, 2016 Supplementary Incident Report, # 4 Attachment Exhibit 4 to Defendants Motion to Dismiss Nov. 9, 2016 Memorandum of Investigation (Redacted), # 5 Attachment Unredacted Version of Defendants Reply in Support of Motion to Dismiss, # 6 Attachment Exhibit 1 to Defendants Reply Brief - FBI Shooting Incident Review Executive Summary (Redacted)) (Angeli, David) (Entered: 04/19/2018)
04/20/2018 80 Redacted Exhibit by W. Joseph Astarita regarding Motion in Limine to Exclude Government Expert Reports and Testimony 65 filed by Defendant W. Joseph Astarita (Exhibit 1) (Francis, Tyler) (Entered: 04/20/2018)
04/25/2018 81 Response to Motion by USA as to W. Joseph Astarita regarding Motion in Limine 65 filed by Defendant W. Joseph Astarita (Maloney, Paul) (Entered: 04/25/2018)
04/25/2018 83 Exhibit A by USA to 81 Response to Motion by USA as to W. Joseph Astarita. This filing includes a conventionally filed DVD. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF. (schm) Modified to include link to docket 81 and correct docket text on 4/27/2018 (sss). (Entered: 04/26/2018)
04/26/2018 82 ORDER by Judge Robert E. Jones Finding as Moot 61 Motion to Unseal Document as to W. Joseph Astarita (1). (bp) (Entered: 04/26/2018)
04/26/2018 84 Clerk's Notice of Docket Correction regarding 73 Exhibits,. The PDF attached to this entry at filing was incorrect. The document was missing a case caption cover page. A corrected PDF has been uploaded and has replaced the incorrect attachment. The Notice of Electronic Filing will be regenerated to all parties (cw) (Entered: 04/26/2018)
04/26/2018 85 Clerk's Notice of Docket Correction regarding 74 Exhibits. The PDF attached to this entry at filing was incorrect. The document was missing a case caption cover page. A corrected PDF has been uploaded and has replaced the incorrect attachment. The Notice of Electronic Filing will be regenerated to all parties (cw) (Entered: 04/26/2018)
05/01/2018 86 Scheduling Order by Judge Robert E. Jones as to W. Joseph Astarita. Oral Argument (Daubert Hearing) is set for 5/22/2018, 5/23/2018 and 5/24/2018 beginning at 09:30AM before Judge Robert E. Jones in Portland Courtroom 10A. These hearings will last until 4 p.m. daily. (bp) (Entered: 05/01/2018)
05/07/2018 87 Supplemental Response to Motion by USA as to W. Joseph Astarita regarding Motion in Limine 65 filed by Defendant W. Joseph Astarita filed as Government's Supplemental Response to Defendant's Motion to Exclude Expert Reports and Testimony (Daubert) (Attachments: # 1 Exhibit B - Disc (Filed Conventionally), # 2 Exhibit C - Survey Overlays, # 3 Exhibit D - Jeff Smith CV, etc., # 4 Exhibit E - Catalin Grigoras CV, etc., # 5 Exhibit F - FMS Report) (Maloney, Paul) (Entered: 05/07/2018)
05/07/2018 88 This filing includes a conventionally filed DVD. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF., Exhibit B by USA as to W. Joseph Astarita regarding Supplemental Response to Defendant's Motion to Exclude Expert Reports and Testimony,, 87 filed by Plaintiff USA (schm) (Entered: 05/08/2018)
05/11/2018 89 Scheduling Order by Judge Robert E. Jones as to W. Joseph Astarita. At the request of counsel a Status Conference is set for 5/11/2018 at 10:00AM before Judge Robert E. Jones in Portland Courtroom 10A. The defendant will not be present. (bp) (Entered: 05/11/2018)
05/11/2018 90 Minutes of Proceedings: Status Conference before Judge Robert E. Jones as to W. Joseph Astarita (USM #80387-065). Counsel Present for Plaintiff: Gary Y. Sussman, Paul Maloney, Pamala R. Holsinger. Counsel Present for Defendant: David H. Angeli, Meghan A. Ferguson (phone), Robert M. Cary (phone), Tyler Francis. Defendant waived appearance.(Court Reporter Ryan White) (bp) (Entered: 05/11/2018)
05/14/2018 91 Reply to Response to Motion by W. Joseph Astarita regarding Motion in Limine to Exclude Government Expert Reports and Testimony 65 (Attachments: # 1 Exhibit A - Koenig Declaration, # 2 Exhibit B - Noedel Declaration, # 3 Exhibit C - Liscio Declaration, # 4 Exhibit D - Mugnier Declaration) (Angeli, David) (Entered: 05/14/2018)
05/15/2018 92 Response to Motion by USA as to W. Joseph Astarita regarding Motion in Limine 65 filed by Defendant W. Joseph Astarita filed as Governments Supplemental Exhibit I Deputy Kevin Turpen Expert Materials (Attachments: # 1 Exhibit I - Turpen Report, Testimony and Diagrams) (Maloney, Paul) (Entered: 05/15/2018)
05/16/2018 93 Exhibits G and H by USA as to W. Joseph Astarita. This filing includes a conventionally filed Thumb Drive. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF.(schm) Modified to rearrange text on 5/29/2018 (sss). (Entered: 05/16/2018)
05/16/2018 94 Waiver of Appearance by W. Joseph Astarita for all pretrial hearings (Angeli, David) (Entered: 05/16/2018)
05/21/2018 95 Scheduling Order by Judge Robert E. Jones as to W. Joseph Astarita. Oral Argument is set for 5/22/2018, 5/23/2018, and 5/24/2018 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A. (bp) (Entered: 05/21/2018)
05/21/2018 96 Minutes of Proceedings: Evidentiary Hearing before Judge Robert E. Jones as to W. Joseph Astarita (USM #80387-065) Defendant present. Witnesses sworn. Evidence adduced. Government exhibits DH 002, 003, 004, 005, 006, 007, 008, 009, Exhibits D, E, and G admitted. Defense exhibits 2-3, 2-5, 6A, 6B, 1-2, 1-4, 1-5, 1-14, 1-17 admitted. Counsel Present for Plaintiff: Gary Y. Sussman, Paul T. Maloney. Counsel Present for Defendant: David H. Angeli, Meghan A. Ferguson, Robert M. Cary, Tyler Francis. (Court Reporter Jill Jessup) (bp) (Entered: 05/21/2018)
05/22/2018 97 Minutes of Proceedings: Evidentiary Hearing before Judge Robert E. Jones as to W. Joseph Astarita (USM #80387-065). Defendant present. Witnesses sworn. Evidence adduced. Government exhibits DH-10,11,12,13, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41, 42, 43 admitted. Defense exhibits 3-01 through 3-07, 3-11 through 3-15, 3-19, 3-21, 3-22, 7-1 and 7-2 admitted. Counsel Present for Plaintiff: Gary Y. Sussman, Paul T. Maloney. Counsel Present for Defendant: David H. Angeli, Meghan A. Ferguson, Robert M. Cary, Tyler Francis. (Court Reporter Jill Jessup) (pvh) (Entered: 05/22/2018)
05/23/2018 98 Minutes of Proceedings: Evidentiary Hearing held on 5/23/2018 before Judge Robert E. Jones as to W. Joseph Astarita (USM #80387-065). Defendant present. Witnesses sworn. Evidence adduced. Government exhibits ECF # 92-1, DH 044-1, 044-2, 044-3, 044-4, 044-5, 044-6, 044-7, 044-8, DH 14, DH 15, DH 16, DH 17, DH 45, ECF #80-1 Ex. B, #80 Ex. H1,#80 Ex. H2, Ex. B, Ex. 37 admitted. Defense exhibits 4-01, 4-02, 4-03, 4-05, 4-07, 4-08, 4-10, 4-12, 8-01, 8-02, 8-04, 8-05, 8-07, 8-08, 8-09, 8-10, 8-11, 8-12, 8-13, 8-14, 8-23, 8-24 admitted. Counsel Present for Plaintiff: Gary Y. Sussman, Paul T. Maloney. Counsel Present for Defendant: David H. Angeli, Meghan A. Ferguson, Robert M. Cary, Tyler Francis. (Court Reporter Jill Jessup) (pvh) (Entered: 05/23/2018)
05/24/2018 99 Order as to W. Joseph Astarita. The court orders the United States Marshal Service to provide help to insure the safety and security of the defendant Astarita during the duration of the Daubert hearings. Signed on 5/24/18 by Judge Robert E. Jones. (schm) Modified on 5/24/2018 2 certified copies placed in the USM box on this date. (schm). (Entered: 05/24/2018)
05/24/2018 100 Minutes of Proceedings: Evidentiary Hearing held on 5/24/2018 before Judge Robert E. Jones as to W. Joseph Astarita (USM #80387-065). Defendant present. Witnesses sworn. Evidence adduced. Government exhibits ECF # 87-D, -E and -F admitted. Defense exhibits 10-01, 10-02, 11-01, 11-02, 11-03 admitted. Counsel Present for Plaintiff: Gary Y. Sussman, Paul T. Maloney. Counsel Present for Defendant: David H. Angeli, Meghan A. Ferguson, Robert M. Cary, Tyler Francis. (Court Reporter Jill Jessup) (Court Reporter Jill Jessup) (pvh) (Entered: 05/25/2018)
05/25/2018 101 Minutes of Proceedings: Evidentiary Hearing held on 5/25/2018 before Judge Robert E. Jones as to W. Joseph Astarita (USM #80387-065). Defendant present. Closing Arguments. Counsel Present for Plaintiff: Gary Y. Sussman, Paul T. Maloney. Counsel Present for Defendant: David H. Angeli, Meghan A. Ferguson, Robert M. Cary, Tyler Francis. (Court Reporter Jill Jessup) (pvh) (Entered: 05/25/2018)
06/01/2018 102 Brief by USA as to W. Joseph Astarita Government's Post-Hearing Synopsis (Sussman, Gary) (Entered: 06/01/2018)
06/01/2018 103 Brief by W. Joseph Astarita regarding Motion in Limine to Exclude Government Expert Reports and Testimony 65 filed by Defendant W. Joseph Astarita Defendant's Post-Hearing Submission (Angeli, David) (Entered: 06/01/2018)
06/11/2018 104 Opinion and Order as to W. Joseph Astarita. Motion in Limine to Exclude Government Expert Reports and Testimony 65 is Granted in part and Denied in part. Signed on 6/11/2018 by Judge Robert E. Jones.(See 26 page Opinion and Order attached) (sss) (Main Document 104 replaced on 6/11/2018) (sss). (Entered: 06/11/2018)
06/12/2018 105 Motion to Compel by Defendant W. Joseph Astarita. (Attachments: # 1 Exhibit 1 - Declaration of Tyler Francis) (Francis, Tyler) Modified on 6/13/2018 (cw). Exhibit 1 - Declaration is stricken and sealed from this entry based upon counsel informing the court that the incorrect declaration was attached. The corrected declaration will be filed as a separate document. (Entered: 06/12/2018)
06/13/2018 106 Declaration by Tyler Francis regarding Motion to Compel 105 filed by Defendant W. Joseph Astarita (Exhibit 1) (Francis, Tyler) (Entered: 06/13/2018)
06/13/2018 107 Motion for Leave to File Motion for Bill of Particulars and Memorandum in Support by Defendant W. Joseph Astarita. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15) (Francis, Tyler) (Entered: 06/13/2018)
06/13/2018 108 Unopposed Motion for Leave to File Exhibits Under Seal by Defendant W. Joseph Astarita. (Francis, Tyler) (Entered: 06/13/2018)
06/20/2018 114 AMENDED Opinion and Order as to W. Joseph Astarita Signed on 6/20/18 by Judge Robert E. Jones. (schm) (Entered: 06/21/2018)
06/21/2018 109 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Evidentiary Hearing - Day 1 as to Defendant W. Joseph Astarita for date of May 21, 2018, before Judge Robert E. Jones, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/28/2018. Redaction Request due 7/12/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/19/2018. (jjcr) (Entered: 06/21/2018)
06/21/2018 110 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Evidentiary Hearing - Day 2 as to Defendant W. Joseph Astarita for date of May 22, 2018, before Judge Robert E. Jones, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/28/2018. Redaction Request due 7/12/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/19/2018. (jjcr) (Entered: 06/21/2018)
06/21/2018 111 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Evidentiary Hearing - Day 3 as to Defendant W. Joseph Astarita for date of May 23, 2018, before Judge Robert E. Jones, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/28/2018. Redaction Request due 7/12/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/19/2018. (jjcr) (Entered: 06/21/2018)
06/21/2018 112 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Evidentiary Hearing - Day 4 as to Defendant W. Joseph Astarita for date of May 24, 2018, before Judge Robert E. Jones, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/28/2018. Redaction Request due 7/12/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/19/2018. (jjcr) (Entered: 06/21/2018)
06/21/2018 113 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Evidentiary Hearing - Day 5 as to Defendant W. Joseph Astarita for date of May 25, 2018, before Judge Robert E. Jones, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/28/2018. Redaction Request due 7/12/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/19/2018. (jjcr) (Entered: 06/21/2018)
06/21/2018 115 Response to Motion by USA as to W. Joseph Astarita regarding Motion to Compel, 105 filed by Defendant W. Joseph Astarita (Maloney, Paul) (Entered: 06/21/2018)
06/25/2018 118 Reply to Response to Motion by W. Joseph Astarita regarding Motion to Compel 105 (Angeli, David) (Entered: 06/25/2018)
06/25/2018 119 Motion in Limine to Preclude Improper Opinion Testimony of Bend Police Officer Wes Murphy filed by USA as to Defendant W. Joseph Astarita. (Attachments: # 1 Exhibit A) (Sussman, Gary) (Entered: 06/25/2018)
06/25/2018 120 Motion in Limine Oral Argument requested. by Defendant W. Joseph Astarita. (Angeli, David) (Entered: 06/25/2018)
06/26/2018 122 Scheduling Order by Judge Robert E. Jones as to W. Joseph Astarita. In Chambers Conference is set for 7/2/2018 at 01:15PM in Portland chambers before Judge Robert E. Jones. Court reporter requested in 10A Chambers Library. (bp) (Entered: 06/26/2018)
06/28/2018 123 Response to Motion by USA as to W. Joseph Astarita regarding Motion for Leave to File, 107 filed by Defendant W. Joseph Astarita Government's Response to Defendant's Motion for a Bill of Particulars (Sussman, Gary) (Entered: 06/28/2018)
07/02/2018 124 Minutes of Proceedings: In Chambers Conference held before Judge Robert E. Jones as to W. Joseph Astarita. Defendant was not present.Finding as Moot 60 Motion for Leave to File as to W. Joseph Astarita (1); Denying 105 Motion to Compel as to W. Joseph Astarita (1); Denying 107 Motion for Leave to File as to W. Joseph Astarita (1); Granting 108 Motion for Leave to File as to W. Joseph Astarita (1); Paul T. Maloney, Garr Y. Sussman present as counsel for plaintiff(s). David H. Angeli, Tyler Francis present as counsel for defendant(s). (Court Reporter Jill Erwin.) (bp) (Entered: 07/02/2018)
07/02/2018 125 Order as to W. Joseph Astarita Signed on 7/2/18 by Judge Robert E. Jones. (schm) (Entered: 07/03/2018)
07/05/2018 126 Motion for Leave to File Additional Motion in Limine to Preclude Improper Lay Opinion Testimony filed by USA as to Defendant W. Joseph Astarita. (Attachments: # 1 Exhibit A) (Sussman, Gary) (Entered: 07/05/2018)
07/09/2018 127 Response to Motion by USA as to W. Joseph Astarita regarding Motion in Limine 120 filed by Defendant W. Joseph Astarita (Sussman, Gary) (Entered: 07/09/2018)
07/09/2018 128 Response to Motion by W. Joseph Astarita regarding Motion in Limine 119 filed by Plaintiff USA, Motion for Leave to File 126 filed by Plaintiff USA (Angeli, David) (Entered: 07/09/2018)
07/10/2018 129 ORDER by Judge Robert E. Jones Granting 126 Motion for Leave to File Additional Motion in Limine To Preclude Improper Lay Opinion Testimony as to W. Joseph Astarita (1). (bp) (Entered: 07/10/2018)
07/10/2018 130 Motion in Limine to Preclude Improper Lay Opinion Testimony by Trooper 3 filed by USA as to Defendant W. Joseph Astarita. (Sussman, Gary) (Entered: 07/10/2018)
07/10/2018 132 Unopposed Motion to Amend/Correct Order on Motion for Protective Order 16 filed by USA as to Defendant W. Joseph Astarita. (Maloney, Paul) (Entered: 07/10/2018)
07/11/2018 133 Trial Brief by USA as to W. Joseph Astarita (Maloney, Paul) (Entered: 07/11/2018)
07/11/2018 134 ORDER FURTHER MODIFYING PROTECTIVE ORDER - Granting 132 Motion to Amend Protective Order as to W. Joseph Astarita (1) Signed on 7/11/18 by Judge Robert E. Jones. (schm) (Entered: 07/11/2018)
07/11/2018 135 Joint Proposed Jury Verdict by USA as to W. Joseph Astarita (Maloney, Paul) (Entered: 07/11/2018)
07/11/2018 136 Witness List by USA as to W. Joseph Astarita (Maloney, Paul) (Entered: 07/11/2018)
07/11/2018 137 Exhibit List by USA as to W. Joseph Astarita (Maloney, Paul) (Entered: 07/11/2018)
07/11/2018 138 Joint Proposed Voir Dire by USA as to W. Joseph Astarita (Maloney, Paul) (Entered: 07/11/2018)
07/11/2018 139 Joint Proposed Jury Instructions by USA as to W. Joseph Astarita (Maloney, Paul) (Entered: 07/11/2018)
07/11/2018 140 Government's Proposed Jury Instructions by USA as to W. Joseph Astarita (Maloney, Paul) (Entered: 07/11/2018)
07/11/2018 141 Trial Brief by W. Joseph Astarita (Angeli, David) (Entered: 07/11/2018)
07/11/2018 142 Witness List by W. Joseph Astarita (Angeli, David) (Entered: 07/11/2018)
07/11/2018 143 Exhibit List by W. Joseph Astarita (Angeli, David) (Entered: 07/11/2018)
07/11/2018 144 Proposed Jury Instructions by W. Joseph Astarita (Attachments: # 1 Exhibit 1) (Angeli, David) (Entered: 07/11/2018)
07/11/2018 145 Proposed Voir Dire by W. Joseph Astarita (Angeli, David) (Entered: 07/11/2018)
07/16/2018 146 ORDER GOVERNING USE OF ROUGH-DRAFT TRANSCRIPTS as to W. Joseph Astarita Signed on 7/16/18 by Judge Robert E. Jones. (schm) (Entered: 07/16/2018)
07/16/2018 147 Minutes of Proceedings: Pretrial Conference before Judge Robert E. Jones as to W. Joseph Astarita.Granting in Part Denying in Part 119 Motion in Limine as to W. Joseph Astarita (1).Wes Murphy may testify about his observations. Ruling is deferred regarding his opinion.; Granting in Part Denying in Part 120 Motion in Limine as to W. Joseph Astarita. The motion to exclude testimony and video regarding missing shell casings is denied. The motion to exclude testimony that the defense sought to retain him is granted. The motion to exclude Frank Piazza's testimony that the defense retained him in a previous case is granted. The motion to exclude testimony from Jeff Smith or Catalin Grigoras is denied except that they may not vouch for Piazza's opinion. Motion to exclude testimony from those not present at the scene narrating what is depicted in photos or videos is granted in part. They may make brief statements but no running narrative. Motion to exclude testimony describing Astarita in a shooting stance is granted in part. Witnesses can describe what they observed but may not use the phrase "shooting stance." Motion to exclude testimony regarding restrictions on the second interview of HRT operator is denied except that witnesses may not testify regarding invocation of counsel. Motion to exclude evidence that HRT text and email messages were not retained is granted. Parties and the court will not describe expert witnesses as "experts."(1); Granting 130 Motion in Limine as to W. Joseph Astarita (1); Count two and count five were dismissed by the Court. Exhibits 36-46, 50-52, 208-222, 223-236, video 207, 239-246 may not be used with outlines of individuals placed by Terpstra, except to refresh a witnesss memory. Haags and Dickersons reports are excluded. Ryan Bundys medical records are excluded but the government may introduce one photograph of his wound. Witnesses can briefly give their background and a mini CV for each expert is allowed. Turpens diagrams cannot be used to place individuals unless authenticated by a witness. David Klingers testimony regarding memory loss and other symptoms will be excluded. (bp) (Entered: 07/17/2018)
07/19/2018 148 Amended Exhibit List by W. Joseph Astarita (Angeli, David) (Entered: 07/19/2018)
07/20/2018 149 Amended Exhibit List by USA as to W. Joseph Astarita (Maloney, Paul) (Entered: 07/20/2018)
07/20/2018 150 Amended Joint Proposed Jury Verdict by USA as to W. Joseph Astarita (Maloney, Paul) (Entered: 07/20/2018)
07/23/2018 151 Scheduling Order by Judge Robert E. Jones as to W. Joseph Astarita. Jury Trial time only is reset for 7/24/2018 at 01:00PM before Judge Robert E. Jones in Portland Courtroom 10A. (bp) (Entered: 07/23/2018)
07/23/2018 152 Amended Exhibit List by W. Joseph Astarita (Angeli, David) (Entered: 07/23/2018)
07/23/2018 153 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Pretrial Conference as to Defendant W. Joseph Astarita for date of July 16, 2018, before Judge Robert E. Jones, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/30/2018. Redaction Request due 8/13/2018. Redacted Transcript Deadline set for 8/23/2018. Release of Transcript Restriction set for 10/22/2018. (jjcr) (Entered: 07/23/2018)
07/24/2018 154 Minutes of Proceedings: Jury Trial Begins before Judge Robert E. Jones as to W. Joseph Astarita. Voir Dire Held - 14 Jurors seated. Jury Trial is set for 7/25/2018 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A.Counsel Present for Plaintiff: Gary Y Sussman, Paul T Maloney, Pamala Holsinger. Counsel Present for Defendant: David H Angeli, Tyler Francis, Meghan A. Ferguson, Robert M Cary. (Court Reporter Jill Jessup) (bp) (Entered: 07/24/2018)
07/25/2018 155 Order as to W. Joseph Astarita The United States Marshal Service ("USMS") is authorized to exclude from the courtroom any observer who engages in disruptive behavior or including the wearing of apparel or insignias designed to, intended to, or having the effect of distracting or influencing jurors, witnesses or other participants in the trial, Signed on 7/25/18 by Judge Robert E. Jones. (schm) (Entered: 07/25/2018)
07/25/2018 156 Minutes of Proceedings: Jury Trial day 2 before Judge Robert E. Jones as to W. Joseph Astarita. Jurors given an oath. Preliminary Jury Instructions read to the jury by the Court. Opening statements given. Three witnesses sworn. Evidence adduced. Motion for court order that sketches of HRT operators by courtroom artist not be published. Motion granted. ORDER: The Court prohibits the courtroom artist from publishing sketches of any HRT operators, Officer 1 and Officer 2 to the public. Jury Trial is set for 7/26/2018 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A.Counsel Present for Plaintiff: Gary Y Sussman, Paul T Maloney. Counsel Present for Defendant: David H Angeli, Tyler Francis, Meghan A. Ferguson, Robert M Cary. (Court Reporter Jill Jessup) (bp) (Entered: 07/25/2018)
07/26/2018 157 Amended Exhibit List by USA as to W. Joseph Astarita (Maloney, Paul) (Entered: 07/26/2018)
07/26/2018 160 Minutes of Proceedings: Jury Trial day 3 before Judge Robert E. Jones as to W. Joseph Astarita Witnesses sworn. Evidence adduced. Juror Question marked as Court Exhibit 1. Jury Trial is set for 7/27/2018 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A.Counsel Present for Plaintiff: Gary Y Sussman, Paul T Maloney. Counsel Present for Defendant: David H Angeli, Tyler Francis, Meghan A. Ferguson, Robert M Cary. (Court Reporter Jill Jessup) (bp) (Entered: 07/26/2018)
07/27/2018 161 Order as to W. Joseph Astarita. Some witnesses in the trial will testify under pseudonyms to provide anonymity. These witnesses have been designated Special Agent B.M., Officer 1, and Officer 2. In the event counsel or any witness inadvertently uses the name of one of these witnesses, the court reporter is directed to strike the name from the transcript and replace it with the assigned pseudonym. Signed on 7/27/2018 by Judge Robert E. Jones. (sss) (Entered: 07/27/2018)
07/27/2018 162 Minutes of Proceedings: Jury Trial day 4 held before Judge Robert E. Jones as to W. Joseph Astarita. Witnesses sworn. Evidence adduced. Jury Trial is set for 7/30/2018 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A.Counsel Present for Plaintiff: Gary Y Sussman, Paul T Maloney. Counsel Present for Defendant: David H Angeli, Tyler Francis, Meghan A. Ferguson, Robert M Cary. (Court Reporter Jill Jessup) (bp) Modified on 7/27/2018 to edit day #(bp). (Entered: 07/27/2018)
07/29/2018 163 Motion to Enforce Pretrial Rulings and Objection to Trial Exhibit by W. Joseph Astarita (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Angeli, David) (Entered: 07/29/2018)
07/30/2018 164 Minutes of Proceedings: Denying 163 Motion to Enforce Pretrial Rulings and Objection to Trial Exhibit as to W. Joseph Astarita (1); Jury Trial day 5 before Judge Robert E. Jones as to W. Joseph Astarita. Witnesses sworn. Evidence adduced. Jury Trial is set for 7/31/2018 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A. Paul T. Maloney, Garr Y. Sussman present as counsel for plaintiff(s). David H. Angeli, Tyler Francis, Meghan Ferguson, Robert M. Cary present as counsel for defendant(s). (bp) (Entered: 07/30/2018)
07/31/2018 165 Minutes of Proceedings: Jury Trial day 6 before Judge Robert E. Jones as to W. Joseph Astarita Witnesses sworn. Evidence adduced. Jury Trial is set for 8/1/2018 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A.Counsel Present for Plaintiff: Gary Y Sussman, Paul T Maloney. Counsel Present for Defendant: David H Angeli, Tyler Francis, Meghan A. Ferguson, Robert M Cary. (Court Reporter Jill Jessup) (bp) (Entered: 07/31/2018)
08/01/2018 166 Minutes of Proceedings: Jury Trial day 7 before Judge Robert E. Jones as to W. Joseph Astarita Witnesses sworn. Evidence adduced. Jury Trial is set for 8/2/2018 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A.Counsel Present for Plaintiff: Gary Y Sussman, Paul T Maloney. Counsel Present for Defendant: David H Angeli, Tyler Francis, Meghan A. Ferguson, Robert M Cary. (Court Reporter Jill Jessup) (bp) (Entered: 08/01/2018)
08/02/2018 167 Minutes of Proceedings: Jury Trial day 8 before Judge Robert E. Jones as to W. Joseph Astarita. Witnesses sworn and evidence adduced. Jury Trial is set for 8/3/2018 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A.Counsel Present for Plaintiff: Gary Y Sussman, Paul T Maloney. Counsel Present for Defendant: David H Angeli, Tyler Francis, Meghan A. Ferguson, Robert M Cary. (Court Reporter Jill Jessup) (bp) (Entered: 08/02/2018)
08/03/2018 168 Response by USA, W. Joseph Astarita to Defendant's Objections to the Admission of Exhibits with Placements of Figures (Sussman, Gary) (Entered: 08/03/2018)
08/03/2018 169 Minutes of Proceedings: Jury Trial day 9 before Judge Robert E. Jones as to W. Joseph Astarita. Witnesses sworn. Evidence adduced. Jury Trial is set for 8/6/2018 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A.Counsel Present for Plaintiff: Gary Y Sussman, Paul T Maloney. Counsel Present for Defendant: David H Angeli, Tyler Francis, Meghan A. Ferguson, Robert M Cary. (Court Reporter Jill Jessup) (bp) (Entered: 08/03/2018)
08/06/2018 170 Amended Exhibit List by USA as to W. Joseph Astarita (Maloney, Paul) (Entered: 08/06/2018)
08/06/2018 171 Minutes of Proceedings: Jury Trial day 10 before Judge Robert E. Jones as to W. Joseph Astarita Witnesses sworn. Evidence adduced. Jury View: Loy Finicum's truck was viewed by the jury in the loading dock. Government rests. Defense motion for acquittal on all counts. Motion for acquittal on all counts is denied by the Court. Jury Trial is set for 8/7/2018 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A.Counsel Present for Plaintiff: Gary Y Sussman, Paul T Maloney. Counsel Present for Defendant: David H Angeli, Tyler Francis, Meghan A. Ferguson, Robert M Cary. (Court Reporter Jill Jessup) (bp) Modified on 8/8/2018 (bp). (Entered: 08/06/2018)
08/07/2018 172 Amended Exhibit List by W. Joseph Astarita (Angeli, David) (Entered: 08/07/2018)
08/07/2018 173 Minutes of Proceedings: Jury Trial day 11 before Judge Robert E. Jones as to W. Joseph Astarita Defense witnesses sworn. Evidence adduced. Jury Trial is set for 8/8/2018 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A.Counsel Present for Plaintiff: Gary Y Sussman, Paul T Maloney. Counsel Present for Defendant: David H Angeli, Meghan A Ferguson, Robert M Cary, Tyler Francis. (Court Reporter Jill Jessup) (bp) (Entered: 08/07/2018)
08/08/2018 174 Minutes of Proceedings: Jury Trial day 12 before Judge Robert E. Jones as to W. Joseph Astarita. Witnesses sworn. Evidence adduced. Defense rests. Rebuttal witness. Testimony concluded. Jury Trial is set for 8/9/2018 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A.Counsel Present for Plaintiff: Gary Y. Sussman, Paul T. Maloney. Counsel Present for Defendant: David H. Angeli, Meghan A. Ferguson, Robert M. Cary, Tyler Francis. (Court Reporter Jill Jessup) (bp) (Entered: 08/08/2018)
08/08/2018 175 Amended Exhibit List by USA as to W. Joseph Astarita (Maloney, Paul) (Entered: 08/08/2018)
08/09/2018 176 Minutes of Proceedings: Jury Trial day 13 before Judge Robert E. Jones as to W. Joseph Astarita. Defendant's Motion For An Acquittal is denied. Jurors instructed. Closing arguments and rebuttal heard. Final Jury Instructions given. Jurors begin deliberation. Jury Trial is set for 8/10/2018 at 09:00AM in Portland Courtroom 10A before Judge Robert E. Jones.Counsel Present for Plaintiff: Gary Y. Sussman, Paul T. Maloney. Counsel Present for Defendant: David H. Angeli, Meghan A. Ferguson, Robert M. Cary, Tyler Francis. (Court Reporter Jill Jessup) (bp) (Entered: 08/09/2018)

Outcome: Not Guilty

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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