"USA V PENDERGRAFT" DOCKET

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
USA V PENDERGRAFT
DOCKET / CHRONOLOGICAL FILE

U.S. District Court
Middle District of Florida (Ocala)
CRIMINAL DOCKET FOR CASE #: 5:00-CR-21-ALL

USA v. Pendergraft, et al
Filed: 06/13/00
Dkt# in other court: None
Case Assigned to: Sr. Judge Wm. Terrell Hodges

JAMES SCOTT PENDERGRAFT (1)
defendant

Jacob A. Rose
[COR LD NTC ret]
The Rose Law Firm, P.A.
215 Fifth St., Suite 305
West Palm Beach, FL 33401
561/655-5113

Larry H. Colleton
[COR LD NTC ret]
Law Office of Larry H. Colleton
2300 E. Concord Ave.
Orlando, FL 32803
407/896-1125

James Scott Pendergraft
1103 Lucerne Terrace
Orlando, FL 32806

Pending Counts:

(1) 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(2) 18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE
(3) 18:1341.F FRAUDS AND SWINDLES

Offense Level (opening): 4
Terminated Counts: NONE
Complaints: NONE

MICHAEL SPIELVOGEL (2)
defendant

Daniel N. Brodersen
[COR LD NTC ret]
Law Offices of Daniel N. Brodersen
18 Wall St.
Orlando, FL 32801-3983
407/540-0420

Michael Spielvogel
6080 Masters Blvd.
Orlando, FL 32819
407/876-4014

Pending Counts:

(1) 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(2) 18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE
(3) 18:1341.F FRAUDS AND SWINDLES
(4) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT
(5) 18:1001.F STATEMENTS OR ENTRIES GENERALLY

Offense Level (opening): 4
Terminated Counts: NONE
Complaints: NONE

U. S. Attorneys:

Mark Devereaux
[COR LD NTC]
U.S. Attorney's Office
Middle District of Florida
200 W. Forsyth St., Suite 700
P.O. Box 600
Jacksonville, FL 32201
USA
904/232-2682

6/13/00 Doc. 1 INDICTMENT as to James Scott Pendergraft (1) count(s) 1, 2, 3, 4, 5, Michael Spielvogel (2) count(s) 1, 2, 3, 4, 5 (sms) [Entry date 06/13/00]

6/13/00 -- MAGISTRATE JUDGE CASE ASSIGNMENT - Magistrate assigned: Gary R. Jones (sms) [Entry date 06/13/00]

6/15/00 Doc. 2 NOTICE OF HEARING:, setting initial appearance for 11:45 7/6/00 for James Scott Pendergraft scheduled for Magistrate Judge Gary R. Jones (Signed by Deputy Clerk) ctc (sms) [Entry date 06/15/00]

6/15/00 Doc. 3 NOTICE OF HEARING:, setting initial appearance for 11:45
7/6/00 for Michael Spielvogel scheduled for Magistrate Judge Gary R. Jones (Signed by Deputy Clerk) ctc (sms) [Entry date 06/15/00]

6/20/00 Doc. 4 NOTICE OF HEARING:, resetting as to time only initial appearance for 4:30 on 7/6/00 for James Scott Pendergraft scheduled for Magistrate Judge Gary R. Jones (Signed by Deputy Clerk) ctc (sms) [Entry date 06/20/00] Sent to: Larry Colleton, Esquire (Defense Counsel) and Jacob Rose (Defense Counsel)

6/20/00 Doc. 5 NOTICE OF HEARING:, resetting as to time only initial appearance for 4:30 on 7/6/00 for Michael Spielvogel scheduled for Magistrate Judge Gary R. Jones (Signed by Deputy Clerk) ctc (sms) [Entry date 06/20/00] Sent to: Daniel N. Brodersen, Esquire (Defense Counsel)

7/3/00 Doc. 6 AMENDED NOTICE OF HEARING:, reset initial appearance for 2:00 7/6/00 for James Scott Pendergraft scheduled for Magistrate Judge Gary R. Jones ( Signed by Deputy Clerk ) ctc (sms) [Entry date 07/03/00]

7/3/00 Doc. 7 AMENDED NOTICE OF HEARING:, reset initial appearance for 2:00 7/6/00 for Michael Spielvogel scheduled for Magistrate Judge Gary R. Jones ( Signed by Magistrate Judge Gary R. Jones ) ctc (sms) [Entry date 07/03/00]

7/6/00 Doc. 8 INITIAL APPEARANCE held on 7/6/00 before Magistrate Judge Gary R. Jones as to James Scott Pendergraft. Court Reporter: Nancy Maleske. Defendant informed of rights. (dfd) [Entry date 07/07/00]

7/6/00 Doc. 8 DETENTION HEARING held on 7/6/00 before Magistrate Judge Gary R. Jones as to James Scott Pendergraft. Court sets release on own recognizance bond. Court Reporter: Nancy Maleske (dfd) [Entry date 07/07/00]

7/6/00 Doc. 8 ARRAIGNMENT held on 7/6/00 as to James Scott Pendergraft. Defendant pled not guilty before Magistrate Judge Gary R. Jones. Court Reporter: Nancy Maleske (dfd) [Entry date 07/07/00]

7/6/00 Doc. 9 NOTICE of attorney appearance for James Scott Pendergraft by Larry H. Colleton, Jacob A. Rose (dfd)

7/6/00 Doc. 10 CRIMINAL STANDING SCHEDULING ORDER setting Motion Filing deadline on 7/26/00; Status Conference for 9:00 8/24/00; Jury Trial for term commencing 9:30 9/5/00 for James Scott Pendergraft Scheduled for Sr. Judge Wm. T. Hodges (Signed by Magistrate Judge Gary R. Jones) ctc (dfd)[Entry date 07/07/00]

7/6/00 Doc. 11 ORDER setting conditions of release Bond set to Release on own Recognizance for James Scott Pendergraft (Signed by Magistrate Judge Gary R. Jones) (dfd) [Entry date 07/07/00]

7/6/00 Doc. 12 NOTICE of surrendered passport # 044998079 as to James Scott Pendergraft, country: United States (dfd) [Entry date 07/07/00]

7/6/00 Doc. 13INITIAL APPEARANCE held on 7/6/00 before Magistrate Judge Gary R. Jones as to Michael Spielvogel. Court Reporter: Nancy Maleske. Defendant informed of rights. (dfd) [Entry date 07/07/00]

7/6/00 Doc. 13 DETENTION HEARING held on 7/6/00 before Magistrate Judge Gary R. Jones as to Michael Spielvogel. Court sets Release on own Recognizance bond. Court Reporter: Nancy Maleske (dfd) [Entry date 07/07/00] [Edit date 07/07/00]

7/6/00 Doc. 13 ARRAIGNMENT held on 7/6/00 as to Michael Spielvogel. Defendant pled not guilty before Magistrate Judge Gary R. Jones. Court Reporter: Nancy Maleske (dfd) [Entry date 07/07/00]

7/6/00 Doc. 14 NOTICE of attorney appearance for Michael Spielvogel by Daniel N. Brodersen (dfd) [Entry date 07/07/00]

7/6/00 Doc. 15 CRIMINAL STANDING SCHEDULING ORDER setting Motion Filing deadline on 7/26/00; Status Conference for 9:00 8/24/00; Jury Trial for term commencing 9:30 9/5/00 for Michael Spielvogel Scheduled for Sr. Judge Wm. T. Hodges (Signed by Deputy Clerk) ctc (dfd) [Entry date 07/07/00]

7/6/00 Doc. 16 ORDER setting conditions of release Bond set to Release on own Recognizance for Michael Spielvogel (Signed by Magistrate Judge Gary R. Jones) (dfd) [Entry date 07/07/00]

7/6/00 Doc. 17 NOTICE of surrendered passport # 159610141 as to Michael Spielvogel, country: United States (dfd) [Entry date 07/07/00]

7/7/00 Doc. 18 NOTICE OF HEARING: reset status conference for 2:00 8/25/00 for James Scott Pendergraft, for Michael Spielvogel scheduled for Sr. Judge Wm. T. Hodges (Signed by Deputy Clerk) ctc (dfd) [Entry date 07/07/00]

7/14/00 -- RETURNED MAIL: Amended notice of initial appearance addressed to Daniel N. Brodersen as to Michael Spielvogel (no longer at that address). (dfd) [Entry date 07/14/00]

7/27/00 Doc. 19 MOTION by Michael Spielvogel to dismiss counts four and five of Indictment (dfd) [Entry date 07/27/00]

7/27/00 Doc. 20 MOTION by James Scott Pendergraft, Michael Spielvogel for intradistrict transfer of venue (joint) (dfd) [Entry date 07/28/00]

7/27/00 Doc. 20 REQUEST by James Scott Pendergraft, Michael Spielvogel for oral argument re: [20-1] motion for intradistrict transfer of venue (joint) (dfd) [Entry date 07/28/00]

8/1/00 Doc. 21 JOINT MOTION with memorandum in support by James Scott Pendergraft, Michael Spielvogel to suppress the 3/22/99 videotaped negotiation meeting referred to Magistrate Judge Gary R. Jones (dfd) [Entry date 08/01/00]

8/2/00 Doc. 22 ORDER as to James Scott Pendergraft, Michael Spielvogel, Motion hearing set for 1:00 8/14/00 re: (21-1) joint motion to suppress; Scheduled for Magistrate Judge Gary R. Jones, response to motion set to 8/10/00 for USA for [21-1] joint motion to suppress the 3/22/99 videotaped negotiation meeting by defendants ( Signed by Magistrate Judge Gary R. Jones ) ctc (ail) [Entry date 08/02/00]

8/4/00 Doc. 23 RESPONSE as to James Scott Pendergraft, Michael Spielvogel by USA re: [21-1] joint motion to suppress the 3/22/99 videotaped negotiation meeting (filed in Jacksonville Division) (dfd) [Entry date 08/08/00] [Edit date 08/08/00]

8/4/00 Doc. 24 RESPONSE as to James Scott Pendergraft, Michael Spielvogel by USA re: [20-1] joint motion for intradistrict transfer of venue (filed in Jacksonville Division) (dfd) [Entry date 08/08/00] [Edit date 08/08/00]

8/4/00 Doc. 25 RESPONSE as to Michael Spielvogel by USA re: [19-1] motion to dismiss counts four and five of Indictment (filed in Jacksonville Division) (dfd) [Entry date 08/08/00] [Edit date 08/08/00]

8/7/00 Doc. 26 CONSOLIDATED MOTION with memorandum in support by James Scott Pendergraft, Michael Spielvogel to dismiss indictment (dfd) [Entry date 08/08/00] [Edit date 08/08/00]

8/8/00 Doc. 27 MOTION by USA for expert exam, for pre-trial hearing, and in limine to exclude evidence of defendants' mental condition as to James Scott Pendergraft, Michael Spielvogel Referred to Magistrate Judge Gary R. Jones (dfd) [Entry date 08/09/00]

8/8/00 Doc. 29 RESPONSE as to James Scott Pendergraft, Michael Spielvogel by USA re: [26-1] consolidated motion to dismiss indictment and memorandum of law (filed in Jacksonville Division) (dfd) [Entry date 08/09/00] [Edit date 08/10/00]

8/14/00 Doc. 30 MOTION HEARING held on 8/14/00 before Magistrate Judge Gary R. Jones as to James Scott Pendergraft, Michael Spielvogel re: [21-1] joint motion to suppress the 3/22/99 videotaped negotiation meeting. Court Reporter: Elide Hager. (dfd) [Entry date 08/15/00]

8/17/00 Doc. 31 REPORT AND RECOMMENDATION of Magistrate Judge Gary R. Jones recommending that defendants' [21-1] joint motion to suppress the 3/22/99 videotaped negotiation meeting be denied; Motion no longer referred. Objections to R and R due by 8/30/00. ctc (dfd) [Entry date 08/17/00]

8/21/00 Doc. 32 ORDER denying [26-1] motion to dismiss indictment, denying [19-1] motion to dismiss counts four and five of Indictment as to Michael Spielvogel (2), denying [20-1] motion for oral argument re: [20-1] joint motion for intradistrict transfer of venue, denying [20-1] joint motion for intradistrict transfer of venue as to James Scott Pendergraft (1), Michael Spielvogel (2) (Signed by Sr. Judge Wm. T. Hodges) ctc (dfd) [Entry date 08/21/00]

8/21/00 Doc. 33 JOINT RESPONSE by James Scott Pendergraft, Michael Spielvogel re: [27-1] motion for expert exam, [27-2] motion for pre-trial hearing, [27-3] motion in limine to exclude evidence of defendants' mental condition (dfd) [Entry date 08/21/00]

8/22/00 -- SEALED DOCUMENT S- 1 (dfd) [Entry date 08/22/00]

8/22/00 -- SEALED DOCUMENT S- 2 (dfd) [Entry date 08/22/00]

8/22/00 -- SEALED DOCUMENT S- 3 (dfd) [Entry date 08/22/00]

8/22/00 Doc. 35 NOTICE OF HEARING: Motion hearing, set for 3:00 p.m. on 8/29/00 as to: James Pendergraft, re: (27-1), (27-2), (27-3); Michael Spielvogel, re: (27-1), (27-2), (27-3) Scheduled for Magistrate Judge Gary R. Jones ( Signed by Deputy ) ctc (ail) [Entry date 08/25/00]

8/25/00 Doc. 34 NOTICE of filing summary of psychological testimony by Michael Spielvogel (ail) [Entry date 08/25/00]

8/25/00 Doc. 37 STATUS CONFERENCE held on 8/25/00 before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft. Court Reporter: Nancy Maleske (dfd) [Entry date 08/28/00]

8/25/00 Doc. 38 STATUS CONFERENCE held on 8/25/00 before Sr. Judge Wm. T. Hodges as to Michael Spielvogel. Court Reporter: Nancy Maleske (dfd) [Entry date 08/28/00]

8/25/00 Doc. 39 JOINT MOTION by James Scott Pendergraft, Michael Spielvogel to continue trial (joint) (dfd) [Entry date 08/28/00]

8/25/00 Doc. 40 ORDER granting [39-1] joint motion to continue trial as to James Scott Pendergraft (1), Michael Spielvogel (2) (Signed by Sr. Judge Wm. T. Hodges) ctc (dfd) [Entry date 08/28/00]

8/28/00 Doc. 41 NOTICE OF HEARING: Motion hearing set for 1:30 9/8/00 as to: James Pendergraft, Michael Spielvogel re: (27-1), (27-2), (27-3) motion for expert exam, pre-trial hearing and in limine to exclude evidence of defendants' mental condition Scheduled for Magistrate Judge Gary R. Jones (Signed by Deputy Clerk) ctc (dfd) [Entry date 08/29/00]

8/28/00 -- SEALED DOCUMENT S- 4 (dfd) [Entry date 08/29/00]

8/28/00 Doc. 36 NOTICE OF HEARING:, reset pretrial conference for 2:30 9/20/00 for James Scott Pendergraft, for Michael Spielvogel scheduled for Sr. Judge Wm. T. Hodges, reset jury trial for 10/2/00 for James Scott Pendergraft, for Michael Spielvogel scheduled for Sr. Judge Wm. T. Hodges ( Signed by Deputy Clerk ) ctc (mam) [Entry date 09/05/00]

9/6/00 Doc. 42 SUPPLEMENTAL MEMORANDUM by USA as to James Scott Pendergraft, Michael Spielvogel in support of [27-3] motion in limine to exclude evidence of defendants' mental condition (dfd) [Entry date 09/06/00]

9/8/00 Doc. 43 MOTION HEARING held on 9/8/00 before Magistrate Judge Gary R. Jones as to Michael Spielvogel re: [27-1] motion for expert exam, [27-2] motion for pre-trial hearing, [27-3] motion in limine to exclude evidence of defendants' mental condition. Court Reporter: Nancy Maleske (dfd) [Entry date 09/11/00]

9/8/00 -- IN-CAMERA PROCEEDING S- 5 (dfd) [Entry date 09/11/00]

9/12/00 Doc. 44 REPORT AND RECOMMENDATION of Magistrate Judge Gary R. Jones recommending that the Government's [27-1] motion for expert exam, [27-2] motion for pre-trial hearing, [27-3] motion in limine to exclude evidence of defendants' mental condition be granted. Motion no longer referred. Objections to R and R due by 9/26/00. ctc (dfd) [Entry date 09/12/00]

9/12/00 Doc. 45 ORDER denying [21-1] joint motion to suppress the 3/22/99 videotaped negotiation meeting as to James Scott Pendergraft (1), Michael Spielvogel (2) (Signed by Sr. Judge Wm. T. Hodges) ctc (dfd) [Entry date 09/12/00]

9/20/00 Doc. 46 STATUS CONFERENCE held on 9/20/00 before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft. Trial set for 10/17/00. Estimated length of trial is 5-7 days. Court Reporter: Anthony Rolland (dfd) [Entry date 09/21/00]

9/20/00 Doc. 47 STATUS CONFERENCE held on 9/20/00 before Sr. Judge Wm. T. Hodges as to Michael Spielvogel. Trial is set for 10/17/00. Estimated length of trial is 5-7 days. Court Reporter: Anthony Rolland (dfd) [Entry date 09/21/00]

9/21/00 Doc. 48 TRIAL CALENDAR for trial term commencing 9:30 10/2/00 scheduled for Sr. Judge Wm. T. Hodges. Jury trial deadline 9:30 10/17/00 for James Scott Pendergraft, for Michael Spielvogel. (Signed by Sr. Judge Wm. T. Hodges) (dfd) [Entry date 09/22/00]

9/27/00 Doc. 49 OBJECTIONS by Michael Spielvogel to [44-1] report and recommendation (dfd) [Entry date 09/27/00]

9/27/00 Doc. 49 REQUEST by Michael Spielvogel for oral argument on [49-1] objections to report and recommendation (dfd) [Entry date 09/27/00]

10/4/00 Doc. 50 RESPONSE by USA as to James Scott Pendergraft, Michael Spielvogel to objections to [44-1] report and recommendation (dfd) [Entry date 10/04/00]

10/12/00 Doc. 51 ORDER as to James Scott Pendergraft, Michael Spielvogel, resetting jury trial for trial term commencing at 9:00 on 11/6/00 for James Scott Pendergraft, for Michael Spielvogel scheduled for Sr. Judge Wm. T. Hodges ( Signed by Sr. Judge Wm. T. Hodges ) ctc (sms) [Entry date 10/12/00]

10/12/00 Doc. 52 ORDER adopting [44-1] report and recommendations; terminating [27-1] motion for expert exam as to James Scott Pendergraft (1), Michael Spielvogel (2); terminating [27-2] motion for pre-trial hearing as to James Scott Pendergraft (1), Michael Spielvogel (2); granting [27-3] motion in limine to exclude evidence of defendants' mental condition as to James Scott Pendergraft (1), Michael Spielvogel (2); denying [49-1] motion for oral argument on [49-1] objections to report and recommendation as to Michael Spielvogel (2) ( Signed by Sr. Judge Wm. T. Hodges ) ctc (sms) [Entry date 10/12/00]

10/19/00 Doc. 53 NOTICE of scheduling conflict by USA as to James Scott Pendergraft, Michael Spielvogel (dfd) [Entry date 10/19/00]

10/19/00 Doc. 54 NOTICE of change of address by counsel for Michael Spielvogel (dfd) [Entry date 10/20/00]

10/30/00 Doc. 55 TRIAL CALENDAR for trial term scheduled for Sr. Judge Wm. T. Hodges. Jury trial set for term commencing 9:30 11/20/00 for James Scott Pendergraft, for Michael Spielvogel (Signed by Sr. Judge Wm. T. Hodges) (dfd) [Entry date 10/30/00]

11/14/00 Doc. 56 UNOPPOSED EMERGENCY JOINT MOTION with memorandum in support by James Scott Pendergraft, Michael Spielvogel to continue trial (unopposed) (sms) [Entry date 11/14/00]

11/14/00 Doc. 57 AFFIDAVIT of James Scott Pendergrant, IV by James Scott Pendergraft Re: [56-1] motion to continue trial (unopposed) (sms) [Entry date 11/14/00]

11/14/00 Doc. 58 ORDER granting [56-1] motion to continue trial (unopposed) as to James Scott Pendergraft (1), Michael Spielvogel (2), resetting jury trial for 9:30 on 12/11/00 for James Scott Pendergraft, for Michael Spielvogel scheduled for Sr. Judge Wm. T. Hodges ( Signed by Sr. Judge Wm. T. Hodges ) ctc (sms) [Entry date 11/14/00]

11/30/00 Doc. 59 JOINT RENEWED MOTION by James Scott Pendergraft, Michael Spielvogel for intradistrict transfer, for pretrial disclosure of jury list, and for individual examination of prospective jury members by defense counsel; exhibit filed separately. (dfd) [Entry date 11/30/00] [Edit date 11/30/00]

12/5/00 Doc. 60 PROPOSED JURY INSTRUCTIONS by USA as to James Scott Pendergraft, Michael Spielvogel (dfd) [Entry date 12/05/00]

12/5/00 Doc. 61 REQUESTED VOIR DIRE questions by USA as to James Scott Pendergraft, Michael Spielvogel (dfd) [Entry date 12/05/00]

12/5/00 Doc. 62 SUPPLEMENT to [59-1] joint motion for intradistrict transfer, [59-2] joint motion for pretrial disclosure of jury list, [59-3] joint motion for individual examination of prospective jury members by defense counsel as to James Scott Pendergraft, Michael Spielvogel (dfd) [Entry date 12/05/00]

12/6/00 Doc. 63 RESPONSE as to James Scott Pendergraft, Michael Spielvogel by USA re: [59-1] joint motion for intradistrict transfer, [59-2] joint motion for pretrial disclosure of jury list, [59-3] joint motion for individual examination of prospective jury members by defense counsel (dfd) [Entry date 12/06/00]

12/8/00 Doc. 64 MOTION by Michael Spielvogel in limine to exclude evidence (sms) [Entry date 12/08/00]

12/8/00 Doc. 65 JOINT PROPOSED VOIR DIRE questions/JUROR QUESTIONNAIRE by James Scott Pendergraft, Michael Spielvogel (sms) [Entry date 12/08/00]

12/11/00 Doc. 66 EMERGENCY MOTION with memorandum in support by James Scott Pendergraft to continue trial (emergency) (ail) [Entry date 12/11/00]

12/11/00 Doc. 67 MISCELLANEOUS HEARING held in Chambers on December 11, 2000 before Sr. Judge Wm. T. Hodges re: defendant's emergency motion to continue trial; granting [66-1] motion to continue trial (emergency) as to James Scott Pendergraft Court Reporter: Deanne Ferreira-Kozar (mam) [Entry date 12/12/00]

12/12/00 Doc. 68 ORDER as to James Scott Pendergraft, Michael Spielvogel granting [66-1] motion to continue trial (emergency), reset jury trial for 9:30 1/2/01 for James Scott Pendergraft, for Michael Spielvogel scheduled for Sr. Judge Wm. T. Hodges ( Signed by Sr. Judge Wm. T. Hodges ) ctc (mam) [Entry date 12/12/00]

12/14/00 Doc. 69 RESPONSE as to Michael Spielvogel by USA re: [64-1] motion in limine to exclude evidence (dfd) [Entry date 12/14/00]

12/22/00 Doc. 70 TRIAL CALENDAR for jury trial term commencing 1/2/01 at 9:30 a.m. scheduled before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft, Michael Spielvogel (Signed by Sr. Judge Wm. T. Hodges) (dfd) [Entry date 12/22/00]

12/28/00 Doc. 71 ORDER as to James Scott Pendergraft, Michael Spielvogel terminating [59-1] joint motion for intradistrict transfer, [59-2] for pretrial disclosure of jury list, and [59-3] for individual examination of prospective jury members by defense counsel; defendant Spielvogel's motion in limine (Doc. #64) will be carried with the case for determination at or during the trial ( Signed by Sr. Judge Wm. T. Hodges ) ctc (ail) [Entry date 12/28/00]

12/29/00 Doc. 72 MOTION by Larry Cretul, Steve Henning, Randy Harris, Parnell Townley to quash or abade subpoenas as to James Scott Pendergraft (ail) [Entry date 12/29/00]

12/29/00 Doc. 73 ORDER as to James Scott Pendergraft granting [72-1] motion to quash or abade subpoenas; compliance with the subpoenas is abated as to movants, Larry Cretul, Randy Harris, Steve Henning and Parnell Townley; the clerk is directed to also serve this order by telefax to the interested parties ( Signed by Magistrate Judge Gary R. Jones ) ctc (ail) [Entry date 12/29/00]

1/2/01 Doc. 74 MOTION by James Scott Pendergraft in limine to prevent the introduction into evidence by the government of only selected tape recordings of defendants, Pendergraft and Spielvogel and incorporated memorandum of law (ail) [Entry date 01/02/01]

1/2/01 Doc. 75 MEMORANDUM by James Scott Pendergraft in support of [74-1] motion in limine to prevent the introduction into evidence by the government of only selected tape recordings of defendants, Pendergraft and Spielvogel and incorporated memorandum of law (ail) [Entry date 01/02/01]

1/2/01 Doc. 76 JOINT SUPPLEMENTAL PROPOSED VOIR DIRE questions by James Scott Pendergraft, Michael Spielvogel as to James Scott Pendergraft, Michael Spielvogel (ail) [Entry date 01/02/01]

1/2/01 Doc. 77 JURY TRIAL before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft (1) counts 1, 2, 3, and Michael Spielvogel (2) counts 1, 2, 3, 4, 5 held on 1/2/01. Jury empaneled. Court Reporter: Deanne Ferreira-Kozar (dfd) [Entry date 01/03/01]

1/2/01 Doc. 78 PROPOSED jury instructions by James Scott Pendergraft (dfd) [Entry date 01/04/01]

1/3/01 Doc. 79 JURY TRIAL held on 1/3/01 before Sr. Judge Wm. T. Hodges. Court reporter Deanne Ferreira-Kozar (dfd) [Entry date 01/04/01]

1/4/00 Doc. 80 JURY TRIAL before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft, Michael Spielvogel held on 1/4/01. Court Reporter: Deanne Ferreira-Kozar (dfd) [Entry date 01/05/01]

1/5/01 Doc. 81 MOTION with memorandum in support as to James Scott Pendergraft, Michael Spielvogel to intervene by Orlando Hearst, Stephen Stock (emergency), and for access to video and audio recordings submitted as trial evidence (emergency) (dfd) [Entry date 01/05/01]

1/5/01 Doc. 82 REQUEST by Orlando Hearst, Stephen Stock for oral argument on [81-1] motion to intervene by Orlando Hearst, Stephen Stock (emergency), [81-2] motion for access to video and audio recordings submitted as trial evidence (emergency) as to James Scott Pendergraft, Michael Spielvogel (dfd) [Entry date 01/05/01]

1/5/01 Doc. 83 JURY TRIAL before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft, Michael Spielvogel held on 1/5/01. Court Reporter: Marie Splane (dfd) [Entry date 01/08/01]

1/5/01 -- ORAL ORDER granting [81-1] emergency motion to intervene by Orlando Hearst, Stephen Stock; granting [81-2] emergency motion for access to video and audio recordings submitted as trial evidence as to James Scott Pendergraft (1), Michael Spielvogel (2) (Entered by Sr. Judge Wm. T. Hodges)(dfd) [Entry date 01/08/01]

1/8/01 Doc. 84 TRANSCRIPT as to James Scott Pendergraft, Michael Spielvogel of jury trial held on 1/5/01 before Judge Wm. Terrell Hodges. Transcript filed separately. (dfd) [Entry date 01/08/01]

1/8/01 Doc. 85 JURY TRIAL before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft, Michael Spielvogel held on 1/8/01. Court Reporter: Deanne Ferreira-Kozar (dfd) [Entry date 01/09/01]

1/9/01 Doc. 86 MOTION with memorandum in support by Ed Johnson, Paul Lemke, Richard W. Lineberger, Patrick J. O'Doherty, Edward James Martin, Steven A. Klein as to James Scott Pendergraft to quash subpoenas duces tecum (dfd) [Entry date 01/09/01]

1/9/01 Doc. 87 JURY TRIAL held on 1/9/01 before Sr. Judge Wm. T. Hodges. Court reporter Deanne Ferreira-Kozar (dfd) [Entry date 01/10/01]

1/10/01 Doc. 88 NOTICE of filing additional subpoena and witness check in support of motion to quash by Ed Johnson, Paul Lemke, Richard W. Lineberger, Patrick J. O'Doherty, Edward James Martin, Steven A. Klein as to James Scott Pendergraft (dfd) [Entry date 01/11/01]

1/10/01 Doc. 89 JURY TRIAL before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft, Michael Spielvogel held on 1/10/01. Court Reporter: Deanne Ferreira-Kozar (dfd) [Entry date 01/11/01]

1/11/01 Doc. 90 JURY TRIAL held on 1/11/01 before Sr. Judge Wm. T. Hodges. Court reporter Deanne Ferreira-Kozar (dfd) [Entry date 01/12/01]

1/12/01 Doc. 91 JURY TRIAL before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft, Michael Spielvogel held on 1/12/01. Court Reporter: Deanne

Ferreira-Kozar (dfd) [Entry date 01/16/01]

1/16/01 Doc. 92 NOTICE of joinder in motion to quash by Ed Johnson, Paul Lemke, Richard W. Lineberger, Patrick J. O'Doherty, Edward James Martin, Steven A. Klein as to James Scott Pendergraft (dfd) [Entry date 01/16/01]

1/22/01 Doc. 93 JURY TRIAL before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft, Michael Spielvogel held on 1/22/01. Court Reporter: Marie Splane (dfd) [Entry date 01/23/01]

1/22/01 -- ORAL MOTION in open court by Michael Spielvogel for judgment of acquittal (dfd) [Entry date 01/23/01]

1/22/01 -- ORAL ORDER denying [0-0] oral motion for judgment of acquittal as to Michael Spielvogel (2) (Entered by Sr. Judge Wm. T. Hodges) (dfd) [Entry date 01/23/01]

1/22/01 -- ORAL MOTION in open court by James Scott Pendergraft for judgment of acquittal (dfd) [Entry date 01/23/01]

1/22/01 -- ORAL ORDER denying [0-0] oral motion for judgment of acquittal as to James Scott Pendergraft (1) (Entered by Sr. Judge Wm. T. Hodges) (dfd) [Entry date 01/23/01]

1/22/01 -- ORAL ORDER granting [86-1] motion to quash subpoenas duces tecum as to James Scott Pendergraft (1) (Entered by Sr. Judge Wm. T. Hodges) (dfd) [Entry date 01/23/01]

1/23/01 Doc. 94 STIPULATION of fact by James Scott Pendergraft, Michael Spielvogel, USA (mam) [Entry date 01/23/01]

1/23/01 Doc. 95 JURY TRIAL before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft, Michael Spielvogel held on 1/23/01. Court Reporter: Deanne Ferreira-Kozar (dfd) [Entry date 01/24/01]

1/23/01 -- ORAL MOTION in open court by Michael Spielvogel requesting that Dr. Caddy testify (dfd) [Entry date 01/24/01]

1/24/01 Doc. 96 JURY TRIAL before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft, Michael Spielvogel held on 1/24/01. Court Reporter: Deanne Ferreira-Kozar (dfd) [Entry date 01/25/01]

1/25/01 Doc. 97 MOTION with memorandum in support by James Scott Pendergraft for leave to file renewed motion for judgment of acquittal and memorandum of law in excess of permitted page limit of assumption of claim (dfd) [Entry date 01/25/01]

1/25/01 Doc. 98 JURY TRIAL before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft, Michael Spielvogel held on 1/25/01. Court Reporter: Marie Splane (dfd) [Entry date 01/26/01]

1/25/01 -- ORAL ORDER granting [97-1] motion for leave to file renewed motion for judgment of acquittal and memorandum of law in excess of permitted page limit of assumption of claim as to James Scott Pendergraft (1) (Entered by Sr. Judge Wm. T. Hodges) (dfd) [Entry date 01/26/01]

1/26/01 Doc. 99 RENEWED MOTION with memorandum in support by James Scott Pendergraft for judgment of acquittal (renewed) (dfd) [Entry date 01/28/01]

1/26/01 Doc. 100 JURY TRIAL before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft, Michael Spielvogel held on 1/26/01 Court Reporter: Deanne Ferreira-Kozar (ail) [Entry date 01/29/01]

1/29/01 Doc. 101 MEMORANDUM by James Scott Pendergraft in support of [78-1] proposed instructions jury on claim of right and on specific intent in related counts (ail) [Entry date 01/29/01]

1/29/01 Doc. 102 ADDITIONAL PROPOSED JURY INSTRUCTIONS by James Scott Pendergraft (ail) [Entry date 01/29/01]

1/29/01 Doc. 103 JURY TRIAL before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft, Michael Spielvogel held on 1/29/01. Court Reporter: Deanne Ferreira-Kozar (dfd) [Entry date 01/30/01]

1/29/01 -- ORAL ORDER denying [99-1] renewed motion for judgment of acquittal as to James Scott Pendergraft (1) (Entered by Sr. Judge Wm. T. Hodges) (dfd) [Entry date 01/30/01]

1/29/01 -- ORAL MOTION in open court by Michael Spielvogel to dismiss Count 3 of Indictment pursuant to Rule 29 motion (dfd) [Entry date 01/30/01]

1/29/01 -- ORAL ORDER denying [0-0] oral motion to dismiss Count 3 of Indictment pursuant to Rule 29 motion as to Michael Spielvogel (2) (Entered by Sr. Judge Wm. T. Hodges) (dfd) [Entry date 01/30/01]

1/29/01 Doc. 104 PROPOSED JURY INSTRUCTIONS by Michael Spielvogel (dfd) [Entry date 01/30/01]

1/30/01 Doc. 105 JURY TRIAL before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft, Michael Spielvogel held on 1/30/01. Court Reporter: Deanne Ferreira-Kozar (dfd) [Entry date 01/31/01]

1/31/01 Doc. 106 JURY TRIAL before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft, Michael Spielvogel held on 1/31/01. Court Reporter: Nancy Maleske (dfd) [Entry date 02/01/01] [Edit date 02/01/01]

1/31/01 -- ORAL MOTION in open court by James Scott Pendergraft for mistrial (dfd) [Entry date 02/01/01]

1/31/01 -- ORAL ORDER denying [0-0] oral motion for mistrial as to James Scott Pendergraft (1) (Entered by Sr. Judge Wm. T. Hodges) (dfd) [Entry date 02/01/01]

1/31/01 -- ORAL MOTION in open court by Michael Spielvogel for mistrial, or to give additional jury instructions (dfd) [Entry date 02/01/01]

1/31/01 -- ORAL ORDER denying [0-0] oral motion to give additional jury instructions, denying [0-0] oral motion for mistrial as to Michael Spielvogel (2) (Entered by Sr. Judge Wm. T. Hodges) (dfd) [Entry date 02/01/01]

1/31/01 Doc. 107 WITNESS LIST by USA as to James Scott Pendergraft, Michael Spielvogel (dfd) [Entry date 02/01/01]

1/31/01 Doc. 108 WITNESS LIST by James Scott Pendergraft, Michael Spielvogel (dfd) [Entry date 02/01/01]

1/31/01 Doc. 109 EXHIBIT LIST by USA as to James Scott Pendergraft, Michael Spielvogel (dfd) [Entry date 02/01/01]

1/31/01 Doc. 110 EXHIBIT LIST by James Scott Pendergraft, Michael Spielvogel (dfd) [Entry date 02/01/01]

2/1/01 Doc. 111 JURY TRIAL before Sr. Judge Wm. T. Hodges as to James Scott Pendergraft, Michael Spielvogel concluded on 2/1/01. Court Reporter: Nancy Maleske (dfd) [Entry date 02/01/01] [Edit date 02/01/01]

2/1/01 Doc. 112 COURT'S JURY INSTRUCTIONS as to James Scott Pendergraft, Michael Spielvogel (dfd) [Entry date 02/01/01]

2/1/01 Doc. 113 JURY VERDICT of guilty: James Scott Pendergraft (1) count(s) 1, 2, 3 (dfd) [Entry date 02/01/01]

2/1/01 Doc. 114 JURY VERDICT of guilty: Michael Spielvogel (2) count(s) 1, 2, 3, 4, 5 (dfd) [Entry date 02/01/01]

2/1/01 Doc. 115 REQUEST by USA for detention of defendant pending sentencing as to Michael Spielvogel (dfd) [Entry date 02/01/01]

2/2/01 Doc. 116 MOTION HEARING held on 2/2/01 before Magistrate Judge Gary R. Jones as to Michael Spielvogel re: [115-1] request for detention of defendant pending sentencing. Court Reporter: Nancy Maleske (dfd) [Entry date 02/02/01]

2/2/01 Doc. 117 RESPONSE by Michael Spielvogel in opposition to [115-1] request for detention of defendant pending sentencing (dfd) [Entry date 02/02/01]

2/5/01 Doc. 118 ORDER denying [115-1] motion for detention of defendant pending sentencing as to Michael Spielvogel (2); modifying [16-1] order setting conditions of release as to Michael Sielvogel (2) as set forth in the order ( Signed by Magistrate Judge Gary R. Jones ctc (sms) [Entry date 02/05/01]

2/6/01 Doc. 119 NOTICE OF HEARING:, set sentencing for 10:30 5/24/01 for James Scott Pendergraft, for Michael Spielvogel scheduled for Sr. Judge Wm. T. Hodges ( Signed by Deputy Clerk ) ctc (mam) [Entry date 02/06/01]

2/7/01 Doc. 120 MOTION with memorandum in support by James Scott Pendergraft for mistrial, or, if denied, a curative instruction on specified improper comments of the prosecutor during closing argument (dfd) [Entry date 02/07/01]

2/7/01 Doc. 121 MOTION with memorandum in support by James Scott Pendergraft to extend time to file motion for judgment of acquittal and/or for a new trial and related motions (unopposed) (dfd) [Entry date 02/07/01]

2/9/01 Doc. 122 NOTICE OF HEARING:, reset sentencing for 1:30 5/24/01 for James Scott Pendergraft, for Michael Spielvogel scheduled for Sr. Judge Wm. T. Hodges ( Signed by Deputy Clerk ) ctc (mam) [Entry date 02/09/01]

2/9/01 Doc. 123 ORDER as to James Scott Pendergraft granting [121-1] motion to extend time to file motion for judgment of acquittal and/or for a new trial and related motions (unopposed); defendant shall have until the close of business on 2/22/01 for file his motion for judgment of acquittal, for a new trial, and related motions and supporting memorandum of law. ( Signed by Magistrate Judge Gary R. Jones ) ctc (mam) [Entry date 02/09/01]

2/12/01 Doc. 124 MOTION by Michael Spielvogel to extend time to file post-trial motions (dfd) [Entry date 02/12/01]

2/13/01 Doc. 125 ORDER granting [124-1] motion to extend time to file post-trial motions as to Michael Spielvogel (2). The defendant shall have until the close of business on 2/22/01 to file his motion for post-verdict judgment of acquittal, or in the alternative, for new trial, and related motions and supporting memoranda of law. The government shall have 10 days to respond to the defendant's motion. (Signed by Magistrate Judge Gary R. Jones) ctc (dfd) [Entry date 02/13/01]

2/20/01 Doc. 126 TRANSCRIPT as to James Scott Pendergraft, Michael Spielvogel of jury trial held on 1/31/01 before Judge Wm. Terrell Hodges. Transcript filed separately. (dfd) [Entry date 02/21/01]

2/20/01 Doc. 127 TRANSCRIPT as to James Scott Pendergraft, Michael Spielvogel of jury trial held on 2/1/01 before Judge Wm. Terrell Hodges. Transcript filed separately. (dfd) [Entry date 02/21/01]

2/20/01 Doc. 128 TRANSCRIPT as to James Scott Pendergraft, Michael Spielvogel of motion hearing held on 2/2/01 before Judge Wm. Terrell Hodges. Transcript filed separately. (dfd) [Entry date 02/21/01]

2/21/01 Doc. 129 MOTION with memorandum in support by Michael Spielvogel for judgment of acquittal, or, in the alternative for new trial (dfd) [Entry date 02/21/01]

2/22/01 Doc. 130 MOTION by James Scott Pendergraft with memorandum in support for leave to file renewed motion for judgment of acquittal, new trial, and memorandum of law in excess of permitted page limit; proposed motion attached. (dfd) [Entry date 02/23/01] [Edit date 02/23/01]

3/2/01 Doc. 131 MOTION with memorandum in support by USA as to James Scott Pendergraft to strike [130-1] motion for leave to file renewed motion for judgment of acquittal, new trial, and memorandum of law in excess of permitted page limit (dfd) [Entry date 03/02/01]

3/5/01 Doc. 132 ORDER granting [130-1] motion for leave to file renewed motion for judgment of acquittal, new trial, and memorandum of law in excess of permitted page limit as to James Scott Pendergraft (1); denying [131-1] motion to strike [130-1] motion for leave to file renewed motion for judgment of acquittal, new trial, and memorandum of law in excess of permitted page limit as to James Scott Pendergraft (1); granting government's [131-1] motion for permission to exceed the 20 page limitation in its response is granted and the government shall have 10 days from the date of this order within which to file its response. The Clerk is directed to docket and file defendant James Scott Pendergraft's renewed motion for judgment of acquittal, motion for a new trial and memorandum of law. (Signed by Sr. Judge Wm. T. Hodges) ctc (dfd) [Entry date 03/05/01]

3/5/01 Doc. 133 RENEWED MOTION with memorandum in support by James Scott Pendergraft for judgment of acquittal (renewed), and for new trial (renewed) (dfd) [Entry date 03/05/01]

3/8/01 Doc. 134 NOTICE of substitution of corrected transcript as to James Scott Pendergraft, Michael Spielvogel (dfd) [Entry date 03/08/01]

3/9/01 Doc. 135 RESPONSE by USA as to Michael Spielvogel in opposition to [133-1] renewed motion for judgment of acquittal, [133-2] renewed motion for new trial (dfd) [Entry date 03/09/01]

3/20/01 Doc. 136 RESPONSE by USA in opposition to [133-1] renewed motion for judgment of acquittal, [133-2] renewed motion for new trial (dfd) [Entry date 03/20/01]

3/28/01 Doc. 137 MOTION with memorandum in support by James Scott Pendergraft for leave to file reply memorandum to Government's opposition to his motion for judgment of acquittal and/or for new trial (dfd) [Entry date 03/28/01]

3/30/01 Doc. 138 MOTION by Michael Spielvogel to modify conditions of release (dfd) [Entry date 03/30/01]

4/3/01 -- MOTION referred to Magistrate Judge Gary R. Jones per instructions from chambers as to Michael Spielvogel: [138-1] motion to modify conditions of release. (dfd) [Entry date 04/03/01] [Edit date 04/03/01]

4/4/01 Doc. 139 ORDER granting [138-1] motion to modify conditions of release as to Michael Spielvogel (2). Accordingly, paragraph (2)(d) of the Court's [16-1] order establishing a curfew is modified to provide that defendant's curfew shall run from 30 minutes after defendant leaves his employment or 10:00 p.m., whichever is later, until 6:00 a.m. (Signed by Magistrate Judge Gary R. Jones) ctc (dfd) [Entry date 04/04/01]

4/4/01 Doc. 140 ORDER denying [137-1] motion for leave to file reply memorandum to Government's opposition to his motion for judgment of acquittal and/or for new trial as to James Scott Pendergraft (1); denying [133-1] renewed motion for judgment of acquittal as to James Scott Pendergraft (1), denying [133-2] renewed motion for new trial as to James Scott Pendergraft (1), denying [129-1] motion for judgment of acquittal as to Michael Spielvogel (2), denying [129-2] motion for new trial as to Michael Spielvogel (2) (Signed by Sr. Judge Wm. T. Hodges) ctc (dfd) [Entry date 04/04/01]

5/3/01 Doc. 141 OBJECTIONS by Michael Spielvogel to Presentence Investigation Report (STRICKEN AND RETURNED PER ORDER #142) (dfd) [Entry date 05/04/01] [Edit date 05/04/01]

5/4/01 Doc. 142 ORDER striking [141-1] objections to the presentence investigation report as to Michael Spielvogel (2). The Clerk is directed to return this pleading. (Signed by Magistrate Judge Gary R. Jones) ctc (dfd) [Entry date 05/04/01]

5/14/01 Doc. 143 MOTION by James Scott Pendergraft to reschedule sentencing (dfd) [Entry date 05/14/01]

5/15/01 Doc. 144 RESPONSE by USA to [143-1] motion to reschedule sentencing (dfd) [Entry date 05/15/01]

5/16/01 Doc. 145 ORDER as to James Scott Pendergraft denying [143-1] motion to reschedule sentencing as to James Scott Pendergraft (1) ( Signed by Sr. Judge Wm. T. Hodges ) ctc (mam) [Entry date 05/16/01]