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Date: 07-17-2020

Case Style:

United States of America v. Gerald G. Lundergan

Case Number: 5:18-cr-00106-GFVT-MAS-1

Judge: Gregory F. Van Tatenhove

Court: United States District Court for the Eastern District of Kentucky

Plaintiff's Attorney: United States District Attorney’s Office

Defendant's Attorney:


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Description: The United States of America charged Gerald G. Lundergan with unlawful corporate contributions to a Senate Campiagn.

On Sept. 12, 2019, following a five-week trial, a jury convicted Lundergan of one count of conspiracy, one count of making corporate campaign contributions, four counts of causing the submission of false statements to the FEC and four counts of causing the falsification of documents with the intent to obstruct and impede a matter within the FEC’s jurisdiction.

According to the evidence presented at trial, Lundergan used the funds of S.R. Holding Company Inc. (S.R. Holding), a company he owned, to pay for services provided by consultants and vendors to a campaign for a U.S. Senate seat in the 2014 election cycle. The candidate for this seat was Lundergan’s daughter, Alison Lundergan Grimes. The evidence established that Lundergan caused the issuance of a number of payments from S.R. Holding funds for services that included audio-video production, lighting, recorded telephone calls and campaign consulting, between July 2013 and December 2015.

The corporate contributions also included monthly payments from S.R. Holding to co-conspirator Dale C. Emmons and his company during this period. Emmons provided services to the campaign and sought and received compensation from Lundergan and S.R. Holding. Emmons also used the funds of his corporation, Emmons & Company Inc., to pay other vendors and a campaign worker for services rendered to the campaign. Those services included recorded telephone calls, technological support services, and other campaign-related expenses.

The evidence established that Lundergan and Emmons concealed these activities from other officials associated with the campaign. Their concealments caused the campaign unwittingly to file false reports with the FEC because the reports failed to disclose the source and amount of the corporate contributions.

The FBI investigated the case. Deputy Chief Robert J. Heberle of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Andrew T. Boone and Kate K. Smith of the Eastern District of Kentucky are prosecuting the case.

18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
52:30118 and 30109(d)(1)(A)(i); 18:2 UNLAWFUL CAMPAIGN CONTRIBUTIONS
(2)
18:1001(a)(2),2 FALSE STATEMENTS
(3)
18:1519, 2 FALSIFICATION OF A RECORD OR DOCUMENT
(4)
18:1001(a)(2),2 FALSE STATEMENTS
(5)
18:1519, 2 FALSIFICATION OF A RECORD OR DOCUMENT
(6)
18:1001(a)(2), 2 FALSE STATEMENTS
(7)
18:1519, 2 FALSIFICATION OF A RECORD OR DOCUMENT
(8)
18:1001(a)(2), 2 FALSE STATEMENTS
(9)
18:1519,2 FALSIFICATION OF A RECORD OR DOCUMENT
(10)

08/31/2018 1 INDICTMENT returned in open court as to Gerald G. Lundergan (1) count(s) 1-10, Dale C. Emmons (2) count(s) 1-6. (STC) (Additional attachment(s) added on 8/31/2018: # 1 Unredacted Indictment) (STC). (Entered: 08/31/2018)
08/31/2018 2 MOTION for Summons by USA as to Gerald G. Lundergan, Dale C. Emmons. (STC) (Entered: 08/31/2018)
08/31/2018 3 ORDER as to Gerald G. Lundergan, Dale C. Emmons: 2 Motion for Summons GRANTED; Summons shall be ISSUED for dfts to APPEAR at USDC for INITIAL APPEARANCE and ARRAIGNMENT on 9/13/2018 at 10:30 AM in LEXINGTON before Magistrate Judge Edward B. Atkins. Signed by Judge Joseph M. Hood on 8/31/2018. (STC)cc: COR,USM,USP,D (Entered: 08/31/2018)
08/31/2018 4 NOTICE OF ATTORNEY APPEARANCE Kate K. Smith, AUSA appearing for USA. (Smith, Kate) (Entered: 08/31/2018)
08/31/2018 Conflict Check run. (STC) (Entered: 08/31/2018)
09/04/2018 8 NOTICE OF ATTORNEY APPEARANCE Robert J. Heberle appearing for USA. (Heberle, Robert) (Entered: 09/04/2018)
09/04/2018 9 NOTICE OF ATTORNEY APPEARANCE: J. Guthrie True appearing for Gerald G. Lundergan (True, J.) (Entered: 09/04/2018)
09/04/2018 10 SUMMONS Returned Executed on 9/4/2018 as to Gerald G. Lundergan (GLD) (Entered: 09/04/2018)
09/07/2018 12 ORDER as to Gerald G. Lundergan, Dale C. Emmons: IT IS ORDERED that the ARRAIGNMENTS and INITIAL APPEARANCE are RESCHEDULED and set for 9/12/2018 at 10:00 AM in LEXINGTON before Magistrate Judge Candace J. Smith. Signed by Magistrate Judge Edward B. Atkins on 9/7/2018. (GLD)cc: COR,USM,USP,D (Entered: 09/07/2018)
09/12/2018 13 ORDER Setting Conditions of Release as to Gerald G. Lundergan; dft released OR. Signed by Magistrate Judge Candace J. Smith on 9/12/18. (KJR)cc: COR,USM,USP (Entered: 09/12/2018)
09/12/2018 15 MINUTE ENTRY for INITIAL APPEARANCE & ARRAIGNMENT held on 9/12/18 as to Gerald G. Lundergan on Count 1,2,3,4,5,6,7,8,9,10 before Magistrate Judge Candace J. Smith:J. Guthrie True & Whitney True Lawson appeared as RETAINED counsel of record. dft advised his true name is stated correctly on the Indictment; dft waives formal arraignment; dft pleads not guilty; JURY TRIAL set for 11/13/2018 at 10:00 AM in LEXINGTON before Judge Gregory F. VanTatenhove (2 weeks); dft to remain on bond & conditions of release; USA did not seek detention & agreed w/recommended release conditions of the USP. (Tape #KYED-LEX__5-18-CR-106-GFVT-1,2_20180912_093614.) (KJR)cc: COR,USM,USP,JC,D (Entered: 09/12/2018)
09/12/2018 17 SCHEDULING ORDER as to Gerald G. Lundergan, Dale C. Emmons. Signed by Magistrate Judge Candace J. Smith on 9/12/18. (KJR)cc: COR,USM,USP (Entered: 09/12/2018)
09/12/2018 18 STANDING PRETRIAL & TRIAL MANAGEMENT ORDER as to Gerald G. Lundergan, Dale C. Emmons. Signed by Judge Gregory F. VanTatenhove. (KJR)cc: COR,USM,USP (Entered: 09/12/2018)
09/13/2018 22 Notice Regarding Passport as to Gerald G. Lundergan: The dft is not permitted to apply for issuance of a passport. Dft surrendered passport number 490335971 to USPO on 9/12/2018. (KM) (Entered: 09/13/2018)
09/13/2018 24 REQUEST FOR DISCOVERY by Gerald G. Lundergan Notice of Discovery Requests (Attachments: # 1 Exhibit Letter)(True, J.) (Entered: 09/13/2018)
09/21/2018 25 MOTION for Leave for Marc E. Elias to Appear for Pro Hac Vice ( Filing fee $125; receipt number 0643-4174272)as to Gerald G. Lundergan. (Attachments: # 1 Affidavit, # 2 Proposed Order) (True, J.) (Entered: 09/21/2018)
09/24/2018 BAR STATUS Check completed as to Marc E. Elias re 25 MOTION for Leave for Marc E. Elias to Appear for Pro Hac Vice ( Filing fee $125; receipt number 0643-4174272) (GLD) (Entered: 09/24/2018)
09/24/2018 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 25 MOTION for Leave for Marc E. Elias to Appear for Pro Hac Vice ( Filing fee $125; receipt number 0643-4174272) filed as to Gerald G. Lundergan (GLD) (Entered: 09/24/2018)
09/28/2018 26 ORDER as to Gerald G. Lundergan (1): 1. Dft's Motion for Admission Pro Hac Vice of attorney Marc E. Elias is GRANTED. 2. Marc E. Elias is admitted pro hac vice as counsel for defendant. Signed by Judge Gregory F. VanTatenhove on 9/28/2018. (GLD)cc: COR,USM,USP, Marc E. Elias w/copy of General Order regarding Mandatory ECF & ECF Registration Form (Entered: 09/28/2018)
10/04/2018 27 MOTION to Continue Trial, Declare Case Complex and Reset Pretrial Deadlines as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Proposed Order) (True, J.) (Entered: 10/04/2018)
10/10/2018 28 RESPONSE to Motion by USA as to Gerald G. Lundergan, Dale C. Emmons re 27 MOTION to Continue Trial, Declare Case Complex and Reset Pretrial Deadlines (Boone, Andrew) (Entered: 10/10/2018)
10/10/2018 29 ORDER as to Gerald G. Lundergan, Dale C. Emmons: 1. Dft's 27 MOTION to Continue 11/07/2018 ORAL MOTION for Extension of Time to reply to Defendants' pre-trial defensive motions by USA. (STC) (Entered: 11/15/2018)
11/07/2018 30 MINUTE ENTRY for PRETRIAL CONFERENCE as to Gerald G. Lundergan, Dale C. Emmons held on 11/7/2018 before Judge Gregory F. VanTatenhove: J. Guthrie True, Brandon Marshal, Patrick Nash appeared as RETAINED counsel of record. 1. JURY TRIAL set for 11/13/2018 is CONTINUED, to be reset by subsequent order. 2) oral motion for extension of time to reply to dfts' pretrial defensive motions is TAKEN UNDER ADVISEMENT; 3) Jury trial will be in Frankfort. Written obj due w/in 30 days; 4) any motion for rearraignment shall be filed 14 days prior to trial date; 5) Dfts released on previously imposed conditions. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (STC)cc: COR,USM,USP,D,JC (Entered: 11/15/2018)
11/16/2018 31 ORDER as to Gerald G. Lundergan, Dale C. Emmons: 1. Oral motion for Extension of Time 30 is GRANTED. 2. US shall have up to and including 12/31/18 to respond to dft's pretrial defensive motions. 3. JURY TRIAL set for 8/6/2019 at 10:00 AM in FRANKFORT before Judge Gregory F. VanTatenhove; counsel to arrive by 9:30 am. 4. PRETRIAL CONFERENCE set for 7/24/2019 at 11:00 AM in FRANKFORT before Judge Gregory F. VanTatenhove. 5. All motions for rearraignment filed no later than 14 days before trial date. 6. Time excluded from 10/4/2018 until 8/6/2019 pursuant to Speedy Trial Act. Court FINDS ends of justice served. Signed by Judge Gregory F. VanTatenhove on 11/16/2018. (GLD)cc: COR,USM,USP,Frankfort Diary (Entered: 11/16/2018)
11/30/2018 32 MOTION for Leave to File Excess Pages to file memorandum as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order) (True, J.) (Entered: 11/30/2018)
11/30/2018 33 MOTION to Dismiss (INTRAFAMILIAL CONTRIBUTIONS) as to Gerald G. Lundergan. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A-Reported Disbursements to Lundergan, # 3 Exhibit B-Reported Disbursements to Emmons, # 4 Proposed Order) (True, J.) (Entered: 11/30/2018)
11/30/2018 34 MOTION to Dismiss (NO COORDINATION) as to Gerald G. Lundergan. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (True, J.) (Entered: 11/30/2018)
11/30/2018 35 MOTION to Dismiss (VENDOR PAYMENTS) as to Gerald G. Lundergan. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (True, J.) (Entered: 11/30/2018)
11/30/2018 36 MOTION to Dismiss 1001 AND 1519 COUNTS as to Gerald G. Lundergan. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (True, J.) (Entered: 11/30/2018)
11/30/2018 37 MOTION to Dismiss MULTIPLICITOUS COUNTS as to Gerald G. Lundergan. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (True, J.) (Entered: 11/30/2018)
11/30/2018 38 MOTION to Dismiss (CONTRIBUTIONS BAN) as to Gerald G. Lundergan. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (True, J.) (Entered: 11/30/2018)
11/30/2018 39 MOTION for Leave to file a motion for bill of particulars as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order, # 2 Proposed Motion for Bill of Particulars, # 3 Memorandum in Support, # 4 Proposed Order) (True, J.) (Entered: 11/30/2018)
12/04/2018 40 MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Dismiss 1001 AND 1519 COUNTS, 35 MOTION to Dismiss (VENDOR PAYMENTS), 33 MOTION to Dismiss (INTRAFAMILIAL CONTRIBUTIONS), 37 Motion to Dismiss MULTIPLE COUNTS, 38 MOTION to Dismiss (CONTRIBUTIONS BAN), 34 MOTION to Dismiss (NO COORDINATION), 39 MOTION for Leave to file a motion for bill of particulars by USA as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Proposed Order) (Boone, Andrew) Modified text on 12/4/2018 (JJ). (Entered: 12/04/2018)
12/04/2018 41 MOTION to Join Defensive Motions (DEs 33, 34, 35, 36, 37, 38, and 39) by Dale C. Emmons as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Proposed Order) (Marshall, Brandon) Modified text on 12/5/2018 (KM). (Entered: 12/04/2018)
12/05/2018 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 40 MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Dismiss 1001 AND 1519 COUNTS, 35 MOTION to Dismiss (VENDOR PAYMENTS), 33 MOTION to Dismiss (INTRAFAMILIAL CONTRIBUTIONS), 38 MOTION to, 41 MOTION to Join Defensive Motions (DEs 33, 34, 35, 36, 37, 38, and 39) by Dale C. Emmons filed as to Gerald G. Lundergan, Dale C. Emmons (KM) Modified text on 12/5/2018 (KM). (Entered: 12/05/2018)
12/10/2018 43 ORDER as to Gerald G. Lundergan (1), Dale C. Emmons (2): USA's 40 Motion for Extension of Time to File Response/Reply is GRANTED, and the USA shall have up to and including 1/31/2019, by which to file a response to the Defendants' pretrial defensive motions. Signed by Judge Gregory F. VanTatenhove on 12/10/2018.(JJ)cc: COR,USM,USP (Entered: 12/10/2018)
12/10/2018 44 MOTION for Protective Order by USA, Gerald G. Lundergan, Dale C. Emmons as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Proposed Order) (Boone, Andrew) Modified to add filers on 12/11/2018 (KM). (Entered: 12/10/2018)
12/11/2018 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 44 MOTION for Entry of Agreed Protective Order by USA filed as to Gerald G. Lundergan, Dale C. Emmons (KM) (Entered: 12/11/2018)
12/12/2018 45 ORDER as to Gerald G. Lundergan: Defendant's 32 MOTION for Leave to File Excess Pages to file memorandum is GRANTED. Signed by Judge Gregory F. VanTatenhove on 12/11/2018. (GLD)cc: COR,USM,USP (Entered: 12/12/2018)
12/12/2018 46 PROTECTIVE ORDER as to Gerald G. Lundergan, Dale C. Emmons: 1. Parties 44 MOTION for Entry of Agreed Protective Order by USA is GRANTED. 2. Upon receipt of materials identified in Attachment A, defense counsel take necessary states. 3. A defendant may have access only under supervision of defense attorney or his staff. 4. Neither dft shall make or maintain own copy. 5. No protected information left unattended. 6. No person may publicize to anyone unauthorized. 7. All protected information shall be returned to prosecution at completion of case. Signed by Judge Gregory F. VanTatenhove on 12/12/2018. (Attachments: # 1 Attachment A (Evidence Log) to Protective Order) (GLD)cc: COR,USM,USP (Entered: 12/12/2018)
12/12/2018 47 ORDER as to Gerald G. Lundergan, Dale C. Emmons: This matter is REFERRED by blind draw to a U.S. Magistrate Judge (Magistrate Judge Matthew A. Stinnett) for supervising discovery, pretrial proceedings, conducting all pretrial and status conference, ruling on non-dispositive motions, except motions in limine and motions to alter trial date. Signed by Judge Gregory F. VanTatenhove on 12/12/2018. (GLD)cc: COR,USM,USP,MAS (Entered: 12/13/2018)
01/08/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 41 MOTION for Joinder, 36 MOTION to Dismiss 1001 AND 1519 COUNTS, 35 MOTION to Dismiss (VENDOR PAYMENTS), 33 MOTION to Dismiss (INTRAFAMILIAL CONTRIBUTIONS), 37 MOTION to Dismiss MULTIPLICITOUS COUNTS, 38 MOTION to Dismiss (CONTRIBUTIONS BAN), 34 MOTION to Dismiss (NO COORDINATION) filed as to Gerald G. Lundergan, Dale C. Emmons (GLD) (Entered: 01/08/2019)
01/31/2019 49 MOTION for Leave to File Excess Pages by USA as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Proposed Order)Motions referred to Matthew A. Stinnett. (Boone, Andrew) (Entered: 01/31/2019)
01/31/2019 50 VIRTUAL ORDER as to Gerald G. Lundergan (1), Dale C. Emmons (2): granting 49 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Matthew A. Stinnett on 1/31/2019. (GLD)cc: COR,USM,USP (Entered: 01/31/2019)
01/31/2019 51 RESPONSE to Motion by USA as to Gerald G. Lundergan, Dale C. Emmons re 36 MOTION to Dismiss 1001 AND 1519 COUNTS, 37 MOTION to Dismiss MULTIPLICITOUS COUNTS (Boone, Andrew) (Entered: 01/31/2019)
01/31/2019 52 RESPONSE in Opposition by USA as to Gerald G. Lundergan, Dale C. Emmons re 39 MOTION for Leave to file a motion for bill of particulars (Boone, Andrew) (Entered: 01/31/2019)
01/31/2019 53 RESPONSE in Opposition by USA as to Gerald G. Lundergan, Dale C. Emmons re 33 MOTION to Dismiss (INTRAFAMILIAL CONTRIBUTIONS) (Heberle, Robert) (Entered: 01/31/2019)
01/31/2019 54 RESPONSE in Opposition by USA as to Gerald G. Lundergan, Dale C. Emmons re 34 MOTION to Dismiss (NO COORDINATION) (Heberle, Robert) (Entered: 01/31/2019)
01/31/2019 55 RESPONSE in Opposition by USA as to Gerald G. Lundergan, Dale C. Emmons re 35 MOTION to Dismiss (VENDOR PAYMENTS) (Heberle, Robert) (Entered: 01/31/2019)
01/31/2019 56 RESPONSE in Opposition by USA as to Gerald G. Lundergan, Dale C. Emmons re 38 MOTION to Dismiss (CONTRIBUTIONS BAN) (Attachments: # 1 Exhibit A (FEC Final Rules))(Heberle, Robert) (Entered: 01/31/2019)
02/05/2019 57 MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Dismiss 1001 AND 1519 COUNTS, 37 MOTION to Dismiss MULTIPLICITOUS COUNTS, 35 MOTION to Dismiss (VENDOR PAYMENTS), 33 MOTION to Dismiss (INTRAFAMILIAL CONTRIBUTIONS), 38 MOTION to Dismiss (CONTRIBUTIONS BAN), 34 MOTION to Dismiss (NO COORDINATION), 39 MOTION for Leave to file a motion for bill of particulars as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order)Motions referred to Matthew A. Stinnett. (True, J.) (Entered: 02/05/2019)
02/06/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Van Tatenhove to review re 57 MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Dismiss 1001 AND 1519 COUNTS, 37 MOTION to Dismiss MULTIPLICITOUS COUNTS, 35 MOTION to Dismiss (VENDOR PAYMENTS), 33 MOTION to Dismiss filed as to Gerald G. Lundergan (STC) (Entered: 02/06/2019)
02/06/2019 58 ORDER as to Gerald G. Lundergan, Dale C. Emmons: GRANTING Lundergan's 57 MOTION for Extension of Time to File Reply: that dft Lundergan has until 2/11/19 to file a reply to 33 MOTION to Dismiss, 34 MOTION to Dismiss, 35 MOTION to Dismiss, 36 MOTION to Dismiss 1001 AND 1519 COUNTS, 37 MOTION to Dismiss MULTIPLICITOUS COUNTS, 38 MOTION to Dismiss, 39 MOTION to Dismiss. Signed by Judge Gregory F. VanTatenhove on 2/6/19. (KJR)cc: COR,USM,USP (Entered: 02/06/2019)
02/22/2019 59 REPLY TO RESPONSE to Motion by Gerald G. Lundergan re 33 MOTION to Dismiss (INTRAFAMILIAL CONTRIBUTIONS) (True, J.) (Entered: 02/22/2019)
02/22/2019 60 REPLY TO RESPONSE to Motion by Gerald G. Lundergan re 34 MOTION to Dismiss (NO COORDINATION) (True, J.) (Entered: 02/22/2019)
02/22/2019 61 REPLY TO RESPONSE to Motion by Gerald G. Lundergan re 38 MOTION to Dismiss (CONTRIBUTIONS BAN) (True, J.) (Entered: 02/22/2019)
02/22/2019 62 REPLY TO RESPONSE to Motion by Gerald G. Lundergan re 36 MOTION to Dismiss 1001 AND 1519 COUNTS, 37 MOTION to Dismiss MULTIPLICITOUS COUNTS (True, J.) (Entered: 02/22/2019)
02/22/2019 63 REPLY TO RESPONSE to Motion by Gerald G. Lundergan re 35 MOTION to Dismiss (VENDOR PAYMENTS) (True, J.) (Entered: 02/22/2019)
02/22/2019 64 REPLY TO RESPONSE to Motion by Gerald G. Lundergan re 39 MOTION for Leave to file a motion for bill of particulars (True, J.) (Entered: 02/22/2019)
02/25/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 36 MOTION to Dismiss 1001 AND 1519 COUNTS, 35 MOTION to Dismiss (VENDOR PAYMENTS), 33 MOTION to Dismiss (INTRAFAMILIAL CONTRIBUTIONS), 37 MOTION to Dismiss MULTIPLICITOUS COUNTS, 34 MOTION to Dismiss (NO COORDINATION) filed as to Gerald G. Lundergan (GLD) (Entered: 02/25/2019)
02/25/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 39 MOTION for Leave to file a motion for bill of particulars filed as to Gerald G. Lundergan (GLD) (Entered: 02/25/2019)
02/26/2019 65 MOTION To Join Defensive Replies 59 60 61 62 63 64 by Dale C. Emmons as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Proposed Order). (Marshall, Brandon) Modified on 2/27/2019 (GLD). (Entered: 02/26/2019)
03/18/2019 66 MEMORANDUM OPINION & ORDER as to Gerald G. Lundergan, Dale C. Emmons: (1) GRANTING Emmons' 41 MOTION for Joinder; (2) GRANTING Emmons' 65 MOTION for Joinder; (3) DENYING dfts' 33 MOTION to Dismiss (INTRAFAMILIAL CONTRIBUTIONS); (4) DENYING dfts' 34 MOTION to Dismiss (NO COORDINATION); (5) DENYING dfts' 35 MOTION to Dismiss (VENDOR PAYMENTS); (6) DENYING dfts' 36 MOTION to Dismiss 1001 AND 1519 COUNTS; (7) DENYING dfts' 37 MOTION to Dismiss MULTIPLICITOUS COUNTS; (8) DENYING dfts' 38 MOTION to Dismiss (CONTRIBUTIONS BAN). Signed by Judge Gregory F. VanTatenhove on 3/18/19. (KJR)cc: COR,USP (Entered: 03/18/2019)
03/29/2019 67 REPORT AND RECOMMENDATION as to Gerald G. Lundergan, Dale C. Emmons: The Court RECOMMENDS the District Court GRANT the 39 Motion for Leave and DENY the 39 -3] Motion for Bill of Particulars. Signed by Magistrate Judge Matthew A. Stinnett on 3/29/2019. (KM)cc: COR,USM,USP Modified text on 4/1/2019 (KM). (Entered: 03/29/2019)
04/12/2019 68 OBJECTION TO REPORT AND RECOMMENDATIONS 67 by Gerald G. Lundergan as to Gerald G. Lundergan (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(True, J.) (Entered: 04/12/2019)
04/17/2019 *** FILE SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review: re 67 REPORT AND RECOMMENDATIONS as to Gerald G. Lundergan, Dale C. Emmons re 39 MOTION for Leave to file a motion for bill of particulars, 68 Objection to Report and Recommendations filed as to Gerald G. Lundergan, Dale C. Emmons (GLD) (Entered: 04/17/2019)
04/24/2019 69 ORDER as to Gerald G. Lundergan, Dale C. Emmons: USA is ORDERED to file a response to Defendant's written 68 Objections to Report and Recommendation within 14 days. Signed by Judge Gregory F. VanTatenhove on 4/24/2019. (JJ)cc: COR,USM,USP (Entered: 04/24/2019)
05/08/2019 70 RESPONSE TO OBJECTIONS TO REPORT AND RECOMMENDATIONS 67 by USA as to Gerald G. Lundergan (Attachments: # 1 Exhibit Sealed Exhibit)(Boone, Andrew) (Entered: 05/08/2019)
05/08/2019 71 SEALED MOTION for leave to Seal a Document by USA as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order Proposed Order)Motions referred to Matthew A. Stinnett. (Boone, Andrew) (Entered: 05/08/2019)
05/08/2019 72 SEALED DOCUMENT filed by USA re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 71 SEALED MOTION for leave to Seal a Document by USA (Boone, Andrew) (Entered: 05/08/2019)
05/13/2019 73 MEMORANDUM OPINION & ORDER as to Gerald G. Lundergan, Dale C. Emmons: 1. Defendant Gerald G. Lundergan's Objections to the Magistrate Judge's Report and Recommendations 68 are OVERRULED; 2. The Magistrate's Report and Recommendation 67 as to Defendants Gerald G. Lundergan and Dale C. Emmons is ADOPTED as and for the opinion of the Court; 3. Defendants' Motion for Leave to File a Motion for Bill of Particulars 39 is GRANTED IN PART as to the request to file a motion for a bill of particulars out of time; 4. Defendants' Motion for Leave to File a Motion for Bill of Particulars 39 is DENIED IN PART as to the underlying request for a bill of particulars; and 5. The Government's Motion for leave to Seal a Document 71 is GRANTED. Signed by Judge Gregory F. Van Tatenhove on 5/13/2019. (STC)cc: COR,USP (Entered: 05/13/2019)
05/23/2019 74 MOTION for Leave for Elisabeth C. Frost to Appear for PHV ( Filing fee $125; receipt number 0643-4366656)as to Gerald G. Lundergan. (Attachments: # 1 Affidavit Affidavit and Admissions, # 2 Proposed Order Order)Motions referred to Matthew A. Stinnett. (True, J.) (Entered: 05/23/2019)
05/23/2019 75 MOTION for Leave for Amanda R. Callais to Appear for PHV ( Filing fee $125; receipt number 0643-4366681)as to Gerald G. Lundergan. (Attachments: # 1 Affidavit Affidavit and Admissions, # 2 Proposed Order Order)Motions referred to Matthew A. Stinnett. (True, J.) (Entered: 05/23/2019)
05/24/2019 BAR STATUS Check completed as to Elisabeth C. Frost, Amanda R. Callais re 75 MOTION for Leave for Amanda R. Callais to Appear for PHV ( Filing fee $125; receipt number 0643-4366681), 74 MOTION for Leave for Elisabeth C. Frost to Appear for PHV ( Filing fee $125; receipt number 0643-4366656) (GLD) (Entered: 05/24/2019)
05/24/2019 *** MOTION SUBMITTED TO CHAMBERS OF Magistrate Judge Matthew A. Stinnett to review re 75 MOTION for Leave for Amanda R. Callais to Appear for PHV ( Filing fee $125; receipt number 0643-4366681), 74 MOTION for Leave for Elisabeth C. Frost to Appear for PHV ( Filing fee $125; receipt number 0643-4366656) filed as to Gerald G. Lundergan (GLD) (Entered: 05/24/2019)
05/28/2019 76 MOTION for Order by USA to Set Deadline for Disclosure of Proposed Expert Testimony as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Proposed Order) (Boone, Andrew) Modified on 5/31/2019 (GLD). (Entered: 05/28/2019)
05/28/2019 77 ORDER as to Gerald G. Lundergan: (1) GRANTING dft's 74 75 Motion for Leave to Appear pro hac vice for Gerald G. Lundergan; (2) Elisabeth C. Frost is admitted PHV for dft Lundergan; (3) Amanda R. Callais is admitted PHV for dft Lundergan. Signed by Judge Gregory F. VanTatenhove on 5/28/19. (KJR)cc: COR, Frost & Callais w/registration form (US Mail) (Entered: 05/28/2019)
05/31/2019 78 RESPONSE to Motion by Gerald G. Lundergan re 76 MOTION for Order by USA to Set Deadline for Disclosure of Proposed Expert Testimony (Attachments: # 1 Proposed Order)(True, J.) (Entered: 05/31/2019)
06/03/2019 79 MOTION for Hearing On the Admissibility of Alleged Co-Conspirator Statements as to Gerald G. Lundergan. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Letter from J. True, # 3 Exhibit B - Letter to J. True, # 4 Proposed Order)Motions referred to Matthew A. Stinnett. (True, J.) (Entered: 06/03/2019)
06/03/2019 80 REPLY TO RESPONSE to Motion by USA as to Gerald G. Lundergan, Dale C. Emmons re 76 MOTION for Order by USA to Set Deadline for Disclosure of Proposed Expert Testimony (Attachments: # 1 Proposed Order)(Boone, Andrew) (Entered: 06/03/2019)
06/04/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 79 MOTION for Hearing On the Admissibility of Alleged Co-Conspirator Statements, 76 MOTION for Order by USA to Set Deadline for Disclosure of Proposed Expert Testimony filed as to Gerald G. Lundergan, Dale C. Emmons (GLD) (Entered: 06/04/2019)
06/04/2019 81 MOTION for Leave by Dale C. Emmons to Join Motion for Hearing on Admissibility of Alleged Co-Conspirator Statements as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Proposed Order) (Marshall, Brandon) Modified on 6/5/2019 (GLD). (Entered: 06/04/2019)
06/10/2019 82 MOTION for Order for Use of Supplemental Jury Questionnaire as to Gerald G. Lundergan. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Lundergan Questionnaire, # 3 Exhibit B - Menendez Questionnaire, # 4 Exhibit C - Rowland Questionnaire, # 5 Exhibit D - Edwards Questionnaire, # 6 Proposed Order)(True, J.) Modified referral on 6/11/2019 (KM). (Entered: 06/10/2019)
06/10/2019 83 ORDER as to Gerald G. Lundergan, Dale C. Emmons, 1. USA's Motion for Deadlines 76 is GRANTED; 2. USA SHALL make disclosures as required by Federal Rule of Criminal Procedure 16 on or before Tuesday, June 18, 2019; 3. Defendants SHALL make disclosures as required by Federal Rule of Criminal Procedure 16 on or before Tuesday, July 2, 2019; and 4. All motions in limine for this matter SHALL be filed on or before Wednesday, July 10, 2019. Signed by Judge Gregory F. Van Tatenhove on 6/10/2019. (STC)cc: COR,USP (Entered: 06/10/2019)
06/10/2019 84 MOTION to Exclude Evidence of Other Acts Under Rules 404(b) and 403 as to Gerald G. Lundergan. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (True, J.) Modified referral on 6/11/2019 (KM). (Entered: 06/10/2019)
06/10/2019 85 MOTION to Suppress Evidence Related to 2011 and 2015 Kentucky Secretary of State Elections as to Gerald G. Lundergan. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - USA00242252, # 3 Exhibit B - 01.22.16 Gerald G. Lundergan Subpoena, # 4 Exhibit C - 01.22.16 GCL Properties, LLC GJ Subpeona, # 5 Exhibit D - 01.22.16 S.R. Holding Co., Inc. GJ Subpoena, # 6 Exhibit E - 01.25.16 Abigail Lundergan Dobson GJ Subpoena, # 7 Exhibit F - 03.03.16 Ltr to AUSA Boone, # 8 Exhibit G - 04.05.16 Ltr to AUSA Boone, # 9 Exhibit H - 12.12.16 Alison for Kentucky, Inc. GJ Subpoena, # 10 Exhibit I - Alison for Kentucky, Inc. (Alison Lundergan Grimes, Inc.) GJ Subpoena, # 11 Exhibit J - 01.18.17 S.R. Holding Co., Inc. GJ Subpoena, # 12 Exhibit K - 02.28.17 Ltr to AUSA Boone, # 13 Exhibit L - 03.01.17 Ltr to AUSA Boone, # 14 Exhibit M - 04.11.17 Ltr to AUSA Boone, # 15 Exhibit N - 06.28.17 Ltr to AUSA Boone, # 16 Exhibit O - 07.28.17 S.R. Holding Co, Inc GJ Subpoena, # 17 Exhibit P - 08.31.17 Ltr to AUSA Boone, # 18 Exhibit Q - 04.19.17 Charlotte Lundergan GJ Subpoena, # 19 Exhibit R - 06.14.17 Ltr to AUSA Boone (w encl.), # 20 Exhibit S - 05.02.17 Alison for Kentucky, Inc. GJ Subpoena, # 21 Exhibit T - 05.02.17 Alison Lundergan Grimes, Inc. GJ Subpoena, # 22 Exhibit U - USA-002424298, USA - 00242502-03, # 23 Proposed Order) (True, J.) (Entered: 06/10/2019)
06/12/2019 87 ORDER as to Gerald G. Lundergan: IT IS ORDERED that by 6/18/19 at 5 p.m., US SHALL FILE response to 85 MOTION to Suppress Evidence Related to 2011 and 2015 Kentucky Secretary of State Elections filed by Gerald G. Lundergan, and 84 MOTION to Exclude Evidence of Other Acts Under Rules 404(b) and 403 filed by Gerald G. Lundergan. Defendant shall have until 6/21/19 at 5 p.m. to submit Reply. MOTION HEARING set for 6/25/2019 at 10:00 AM in LEXINGTON before Magistrate Judge Matthew A. Stinnett. Signed by Magistrate Judge Matthew A. Stinnett on 6/11/2019. (GLD)cc: COR,USM,USP,D (Entered: 06/12/2019)
06/17/2019 88 RESPONSE in Opposition by USA as to Gerald G. Lundergan, Dale C. Emmons re 79 MOTION for Hearing On the Admissibility of Alleged Co-Conspirator Statements (Boone, Andrew) (Entered: 06/17/2019)
06/18/2019 89 ORDER as to Gerald G. Lundergan, Dale C. Emmons, TELEPHONE CONFERENCE set for 6/21/2019 at 2:00 PM in FRANKFORT before Judge Gregory F. Van Tatenhove. Signed by Judge Gregory F. Van Tatenhove on 6/18/2019. (STC)cc: COR,USM,USP,FD (Entered: 06/18/2019)
06/18/2019 90 NOTICE of 404(b) by USA as to Gerald G. Lundergan, Dale C. Emmons (Boone, Andrew) (Entered: 06/18/2019)
06/18/2019 91 RESPONSE to Motion by USA as to Gerald G. Lundergan re 85 MOTION to Suppress Evidence Related to 2011 and 2015 Kentucky Secretary of State Elections, 84 MOTION to Exclude Evidence of Other Acts Under Rules 404(b) and 403 (Boone, Andrew) Modified on 6/19/2019 (GLD). (Entered: 06/18/2019)
06/21/2019 94 ORDER as to Gerald G. Lundergan, Dale C. Emmons: MOTION HEARING set for 6/25/2019 is SET ASIDE pending further orders of the Court. Signed by Magistrate Judge Matthew A. Stinnett on 6/21/2019. (STC)cc: COR,USM,USP,D (Entered: 06/21/2019)
06/21/2019 95 REPLY TO RESPONSE to Motion by Gerald G. Lundergan re 84 MOTION to Exclude Evidence of Other Acts Under Rules 404(b) and 403 IN SUPPORT OF (Attachments: # 1 Exhibit A-ARTICLE)(True, J.) (Entered: 06/21/2019)
06/21/2019 96 REPLY TO RESPONSE to Motion by Gerald G. Lundergan re 85 MOTION to Suppress Evidence Related to 2011 and 2015 Kentucky Secretary of State Elections (True, J.) (Entered: 06/21/2019)
06/24/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. VanTatenhove to review re 85 MOTION to Suppress Evidence Related to 2011 and 2015 Kentucky Secretary of State Elections filed as to Gerald G. Lundergan (GLD) (Entered: 06/24/2019)
06/24/2019 97 RESPONSE to Motion by USA as to Gerald G. Lundergan, Dale C. Emmons re 82 MOTION for Order for Use of Supplemental Jury Questionnaire (Attachments: # 1 Exhibit Proposed Questionnaire)(Boone, Andrew) (Entered: 06/24/2019)
06/25/2019 98 MINUTE ENTRY for TELEPHONE CONFERENCE as to Gerald G. Lundergan, Dale C. Emmons held on 6/25/2019 before Judge Gregory F. VanTatenhove:Amanda Callais, J. Guthrie True, and Marc E. Elias appear as retained COR for dft Lunderan and Brandon Marshall appeared as Retained COR for dft Emmons. This matter was called for a telephonic conference with parties participating as noted. The Court heard discussion of counsel. A separate order shall issue setting the schedule. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (KM)cc: COR,USP (Entered: 06/25/2019)
06/26/2019 99 ORDER as to Gerald G. Lundergan, Dale C. Emmons: It is ORDERED as follows: 1. The Magistrate Referral for Defendant's Motion to Exclude 84 and Motion to Suppress 85 is RESCINDED; 2. The PRETRIAL CONFERENCE currently scheduled for 7/24/2019 is RESCHEDULED to Friday, 7/19/2019 at 10:00 AM in FRANKFORT before Judge Gregory F. Van Tatenhove, at which time the Court will also hear argument for any pending motions; 3. The JURY TRIAL scheduled to begin 8/6/2019 is CONTINUED to 8/8/2019 at 10:00 AM in FRANKFORT before Judge Gregory F. Van Tatenhove, with counsel arriving by 9:30 a.m. Jury Selection will begin 8/8/2019 with opening statements to begin 8/13/2019 at 10:00 a.m. with counsel to arrive by 9:30 a.m.. Signed by Judge Gregory F. Van Tatenhove on 6/26/2019. (KM)cc: COR,USM,USP, Frankfort Clerk (Entered: 06/26/2019)
06/26/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 84 MOTION to Exclude Evidence of Other Acts Under Rules 404(b) and 403 filed as to Gerald G. Lundergan, Dale C. Emmons (KM) (Entered: 06/26/2019)
07/01/2019 100 REPLY TO RESPONSE to Motion by Gerald G. Lundergan re 79 MOTION for Hearing On the Admissibility of Alleged Co-Conspirator Statements (True, J.) (Entered: 07/01/2019)
07/01/2019 101 SEALED MOTION for leave to Seal a Document as to Gerald G. Lundergan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Proposed Order)Motions referred to Matthew A. Stinnett. (True, J.) (Entered: 07/01/2019)
07/01/2019 102 SEALED MOTION: re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 101 SEALED MOTION for leave to Seal a Document (Attachments: # 1 Memorandum in Support, # 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 Proposed Order) (True, J.) (Entered: 07/01/2019)
07/01/2019 103 SEALED MOTION: re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 101 SEALED MOTION for leave to Seal a Document (Attachments: # 1 Proposed Order) (True, J.) (Entered: 07/01/2019)
07/01/2019 104 SEALED MOTION: re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 101 SEALED MOTION for leave to Seal a Document (Attachments: # 1 Proposed Order) (True, J.) (Entered: 07/01/2019)
07/02/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Van Tatenhove to review re 101 SEALED MOTION for leave to Seal a Document filed as to Gerald G. Lundergan (STC) (Entered: 07/02/2019)
07/02/2019 105 MOTION for Leave by Alison for Kentucky Senate Campaign Committee to Intervene and Motion for Protective Order Regarding Privileged Material as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Memorandum in Support). (Wicker, J.). Added MOTION for Protective Order on 7/2/2019 (STC). (Additional attachment(s) added on 7/3/2019: # 2 Proposed Order) (STC). (Entered: 07/02/2019)
07/02/2019 106 SEALED MOTION for leave to Seal a Document as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order)Motions referred to Matthew A. Stinnett. (True, J.) (Entered: 07/02/2019)
07/02/2019 107 SEALED MOTION: re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 106 SEALED MOTION for leave to Seal a Document (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Proposed Order) (True, J.) (Entered: 07/02/2019)
07/02/2019 108 SEALED MOTION: re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 106 SEALED MOTION for leave to Seal a Document (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order) (True, J.) (Entered: 07/02/2019)
07/02/2019 109 MOTION for Disclosure Or in the alternative, to Exclude Testimony from Tressa Whittington as to Gerald G. Lundergan. (Attachments: # 1 Exhibit A, # 2 Proposed Order). (True, J.). Added MOTION to Exclude on 7/2/2019 (STC). (Entered: 07/02/2019)
07/02/2019 NOTICE OF DEFICIENCY and NOTICE OF DOCKET MODIFICATION TO J. Kent Wicker re 105 MOTION for Leave by Alison for Kentucky Senate Campaign Committee to Intervene and Motion for Protective Order Regarding Privileged Material. Error 1: attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing," file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. Error 2: This motion requests 2 forms of relief and only one form of relief was selected; Entry by attorney; Clerk added the motion relief requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested so all motions will appear on the Judge's motion report. No further action required by counsel as to Error 2. cc: COR (STC) (Entered: 07/02/2019)
07/02/2019 NOTICE OF DOCKET MODIFICATION TO J. Guthrie True re 109 MOTION for Disclosure Or in the alternative, to Exclude Testimony from Tressa Whittington. Error: This motion requests 2 forms of relief and only one form of relief was selected; Entry by attorney; Clerk added the motion relief requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested so all motions will appear on the Judge's motion report. No further action required by counsel. cc: COR (STC) (Entered: 07/02/2019)
07/03/2019 110 NOTICE OF FILING Proposed Order by Alison for Kentucky Senate Campaign Committee as to Gerald G. Lundergan, Dale C. Emmons re 105 MOTION for Leave by Alison for Kentucky Senate Campaign Committee to Intervene and Motion for Protective Order Regarding Privileged Material MOTION for Protective Order (Attachments: # 1 Proposed Order)(Wicker, J.) (Entered: 07/03/2019)
07/03/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Van Tatenhove to review re 106 SEALED MOTION for leave to Seal a Document, 82 MOTION for Order for Use of Supplemental Jury Questionnaire, 81 MOTION for Leave by Dale C. Emmons to Join Motion for Hearing on Admissibility of Alleged Co-Conspirator Statements filed as to Gerald G. Lundergan, Dale C. Emmons (STC) (Entered: 07/03/2019)
07/05/2019 111 INCORRECTLY FILED MOTION in Limine by Gerald G. Lundergan to Exclude Evidence of Erin Tibe's Extended Familial Connections as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Proposed Order Proposed Order) (True, J.) Modified on 7/5/2019 (STC). (Entered: 07/05/2019)
07/05/2019 112 MOTION in Limine to Exclude Evidence of Erin Tibe's Extended Familial Connections as to Gerald G. Lundergan. (Attachments: # 1 Exhibit A Tibe Grand Jury Testimony, # 2 Exhibit Stilz Grand Jury Testimony, # 3 Proposed Order) Filed pursuant to QC of 111 . (STC) (Entered: 07/05/2019)
07/05/2019 NOTICE OF DOCKET MODIFICATION TO J. Guthrie True re 111 MOTION in Limine by Gerald G. Lundergan to Exclude Evidence of Erin Tibe's Extended Familial Connections. Error 1: The document is filed as to all defendants; individual defendant(s) should be selected at the case number selection screen. Entry by attorney; Clerk re-filed the document selecting the correct defendant(s). Error 2: Error: attachments were insufficiently described as "Exhibit A," "Exhibit B." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (STC) (Entered: 07/05/2019)
07/08/2019 113 MOTION in Limine to Exclude Evidence of Uncharged Conduct as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order) (True, J.) (Entered: 07/08/2019)
07/08/2019 114 REPLY TO RESPONSE to Motion by Gerald G. Lundergan re 82 MOTION for Order for Use of Supplemental Jury Questionnaire (True, J.) (Entered: 07/08/2019)
07/09/2019 115 MOTION in Limine to Exclude Evidence of Post-Election Transactions as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order) (True, J.) (Entered: 07/09/2019)
07/10/2019 116 ORDER as to Gerald G. Lundergan, Dale C. Emmons: Court GRANTS 81 MOTION for Leave by Dale C. Emmons to Join Motion for Hearing on Admissibility of Alleged Co-Conspirator Statements. Court DENIES 79 MOTION for Hearing On the Admissibility of Alleged Co-Conspirator Statements filed by Gerald G. Lundergan. Court will preliminarily admit co-conspirator statements, however, if Government fails to carry burden of proof, Court will be compelled to declare a mistrial unless convinced that a cautionary jury instruction would prevent prejudice to the Defendants. Signed by Judge Gregory F. VanTatenhove on 7/10/2019. (GLD)cc: COR,USM,USP (Entered: 07/10/2019)
07/10/2019 117 MOTION in Limine For Order Establishing Mens Rea Standard as to Gerald G. Lundergan. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (True, J.) (Entered: 07/10/2019)
07/10/2019 118 MOTION in Limine by USA to Preclude Argument Regarding Selective, Vindictive, and Otherwise Improper Prosecution and Jury Nullification as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Boone, Andrew) (Entered: 07/10/2019)
07/10/2019 119 MOTION in Limine To Preclude the Government from taking legal positions at trial contrary to those of the FEC as to Gerald G. Lundergan. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (True, J.) (Entered: 07/10/2019)
07/10/2019 120 MOTION in Limine by USA to Exclude Improper Expert Testimony as to Gerald G. Lundergan. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A Expert Notice of Michael Toner, # 3 Exhibit B Expert Notice of Peter Nichols, # 4 Exhibit C Expert Notice of Linton Mohammed, # 5 Proposed Order) (Heberle, Robert) (Entered: 07/10/2019)
07/11/2019 122 ORDER as to Gerald G. Lundergan (1) and Dale C. Emmons (2). 1. Defendant Dale C. Emmons's Motion to Join [R. 86] is GRANTED; 2. Defendants' Motion for Use of Supplemental Jury Questionnaire [R. 82] is GRANTED IN PART; and 3. Parties are directed to submit specific objections to the attached Proposed Questionnaire by close of business on Tuesday, July 16, 2019. Signed by Judge Gregory F. VanTatenhove on 7/11/19. (Attachments: # 1 Proposed Questionnaire) (JLM)cc: COR (Entered: 07/11/2019)
07/11/2019 Set/Reset Deadlines as to Gerald G. Lundergan, Dale C. Emmons: Objections to Proposed Questionnaire due by COB 7/16/2019. (JLM) (Entered: 07/11/2019)
07/15/2019 126 SEALED RESPONSE by USA as to Gerald G. Lundergan, Dale C. Emmons re 102 Sealed Motion, 103 Sealed Motion, 104 Sealed Motion, (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Boone, Andrew) (Entered: 07/15/2019)
07/15/2019 127 ORDER as to Gerald G. Lundergan (1): 1. Lundergan's 101 Sealed Motion for leave to Seal a Document is GRANTED. 2. Motions and exhibits 101 , 102 , 103 , 104 shall be FILED UNDER SEAL. 3. Lundergan's 106 Sealed Motion for leave to Seal a Document is GRANTED. 4. Motions and exhibits 106 , 107 , 108 shall be FILED UNDER SEAL. Signed by Judge Gregory F. VanTatenhove on 7/15/2019. (GLD)cc: COR,USM,USP (Entered: 07/15/2019)
07/16/2019 129 SEALED RESPONSE by USA as to Gerald G. Lundergan re 107 Sealed Motion, 108 Sealed Motion, (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit) (Boone, Andrew) (Entered: 07/16/2019)
07/16/2019 130 INCORRECTLY FILED - SEALED MOTION for leave to Seal a Document by USA (Attachments: # 1 Proposed Order) (Boone, Andrew) Modified text on 7/16/2019 (KJR). (Entered: 07/16/2019)
07/16/2019 131 SEALED MOTION for leave to Seal a Document by USA as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Proposed Order)Motions referred to Matthew A. Stinnett. (KJR) (Entered: 07/16/2019)
07/16/2019 132 RESPONSE to 122 by Gerald G. Lundergan Objection's to the Court's Proposed Questionnaire (Attachments: # 1 Exhibit A-Proposed Juror Questionnaire, # 2 Exhibit B-Proposed Additions)(True, J.) (Entered: 07/16/2019)
07/16/2019 133 RESPONSE in Opposition by USA as to Gerald G. Lundergan re 109 MOTION for Disclosure Or in the alternative, to Exclude Testimony from Tressa Whittington MOTION to Exclude (Attachments: # 1 Exhibit A Expert Notice of Jason Flemmons)(Heberle, Robert) (Entered: 07/16/2019)
07/16/2019 Clerk's Note: re 131 Sealed motion for leaving to file as to Gerald G. Lundergan, Dale C. Emmons: clerk received a call from USA stating this document was incorrectly filed as to only one defendant; clerk has refiled the document as to both defendants at DE 131 . (KJR) (Entered: 07/16/2019)
07/16/2019 134 SEALED RESPONSE TO 106 107 108 filed by USA re Gerald G. Lundergan, Dale C. Emmons. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 131 SEALED MOTION for leave to Seal a Document by USA (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit) (Boone, Andrew) Modified on 7/17/2019 (GLD). (Entered: 07/16/2019)
07/17/2019 136 RESPONSE in Opposition by Gerald G. Lundergan re 120 MOTION in Limine by USA to Exclude Improper Expert Testimony (Attachments: # 1 Exhibit A - Bertram Gov't Response)(True, J.) (Entered: 07/17/2019)
07/17/2019 137 ORDER as to Gerald G. Lundergan, Dale C. Emmons: 1. Emmons' 135 MOTION for Order to Join Objections to Proposed Jury Questionnaire at DE 132 is GRANTED. 2. Dfts' Objections to Proposed Jury Questionnaire 132 are OVERRULED. 3. Clerk is directed to distribute Court's Jury Questionnaire 122 to potential jurors. Parties may retrieve returned questionnaires from Frankfort Clerk's office on 8/1/19. Signed by Judge Gregory F. VanTatenhove on 7/17/2019. (GLD)cc: COR,USM,USP,Frankfort Clerk (Entered: 07/17/2019)
07/17/2019 138 ORDER as to Gerald G. Lundergan, Dale C. Emmons: 1. US 131 SEALED MOTION for leave to Seal a Document is GRANTED. 2. Documents and exhibits 129 , 134 shall be FILED UNDER SEAL. Signed by Judge Gregory F. VanTatenhove on 7/17/2019. (GLD)cc: COR,USM,USP (Entered: 07/17/2019)
07/18/2019 142 RESPONSE to Motion by USA as to Gerald G. Lundergan re 112 MOTION in Limine to Exclude Evidence of Erin Tibe's Extended Familial Connections (Boone, Andrew) (Entered: 07/18/2019)
07/19/2019 144 REPLY TO RESPONSE to Motion by Gerald G. Lundergan re 107 SEALED MOTION: re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 106 SEALED MOTION for leave to Seal a Document, 108 SEALED MOTION: re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 106 SEALED MOTION for leave to Seal a Document (True, J.) Modified to seal on 7/22/2019 (GLD). (Entered: 07/19/2019)
07/19/2019 145 SEALED MOTION for leave to Seal a Document as to Gerald G. Lundergan. (Attachments: # 1 Exhibit Supplemental Privilege Log, # 2 Proposed Order) (True, J.) Modified to remove referral on 7/22/2019 (GLD). (Entered: 07/19/2019)
07/19/2019 146 SEALED MOTION: re Gerald G. Lundergan. This document is sealed pursuant to REDACTED DOCUMENT located on the docket sheet at 102 SEALED MOTION: re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 101 SEALED MOTION for leave to Seal a Document (True, J.) (Entered: 07/19/2019)
07/19/2019 147 SEALED REPLY TO SEALED RESPONSE by Gerald G. Lundergan re 102 Sealed Motion, (Attachments: # 1 Proposed Order) (True, J.) (Entered: 07/19/2019)
07/19/2019 149 REPLY TO RESPONSE to Motion by Gerald G. Lundergan re 107 SEALED MOTION: re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 106 SEALED MOTION for leave to Seal a Document (True, J.) Modified to seal on 7/22/2019 (GLD). (Entered: 07/19/2019)
07/19/2019 150 SEALED MOTION for leave to Seal a Document (Attachments: # 1 Proposed Order) (True, J.) (Entered: 07/19/2019)
07/19/2019 151 SEALED DOCUMENT re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 150 SEALED MOTION for leave to Seal a Document (Attachments: # 1 Exhibit B) (True, J.) (Entered: 07/19/2019)
07/19/2019 152 MINUTE ENTRY for PRETRIAL CONFERENCE as to Gerald G. Lundergan, Dale C. Emmons held on 7/19/2019 before Judge Gregory F. VanTatenhove:Counsel appeared as noted. J. Kent Wicker, counsel for movant Allison for Kentucky Senate Campaign Committee was recognized for questions. IT IS ORDERED: 1. Voir Dire will take place on Thursday August 8, 2019. Upon arrival, the pool of jurors will be placed in the courtroom for orientation. The courtroom will not be available to counsel or the public until voir dire begins at 10:30 a.m. Parties are advised the courtroom will be available to set up any materials or technology on Wednesday August 7. Court further advised the juror information sheets would be made available one week prior to trial. The Court will allow the parties follow-up time during voir dire. Counsel for the USA, Defendant Lundergan and Defendant Emmons will be permitted 15 minutes each. 2) Prior to voire dire, preliminary matters with counsel will be handled in chambers at 10:00 a.m. 3) Parties submit proposed questions for voir dire, one week prior to trial per Order 18 . 4) Request of US to conduct voir dire on 8/8/19 but not impanel jury until 8/13, is taken under advisement. 5) Opening arguments and trial will begin on 8/13/19 - estimated length 4 weeks. Trial will be a full business day. Court anticipates providing jury with a calendar of trial days. 6)Parties encouraged to prepare agreed statement of case to be read to jury. 7) Parties to schedule meeting with court personnel to test technology. 8) Request to use alternate technology is granted provided both parties have access and issues worked out prior to trial. 9) Parties advised Court of contacting court reporter for use of real time and daily copies. 10) Prepared witness charts to be disclosed 1 week prior to trial. 11) Dft Emmons waives right to be present during entirety of trial. 12) Counsel for Emmons and US shall prepare proposed language to read to jury. Language will be filed in record under seal. 13) Proceedings at bench shall be filed under seal should transcript be prepared. 14) Dfts released on conditions. (Court Reporter Sandy Wilder.) Signed by Judge Gregory F. Van Tatenhove. (GLD)cc: COR,USM,USP,Frankfort clerk (Entered: 07/19/2019)
07/22/2019 NOTICE OF DEFICIENCY TO J. Guthrie True re 146 SEALED MOTION: re Gerald G. Lundergan. Attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney. Within 7 calendar days, prepare a document entitled Notice of Filing. Using the event Sealed Document, file the Notice and attach the proposed order, and create a link to the [#146] Sealed Motion. cc: COR (GLD) (Entered: 07/22/2019)
07/22/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 145 SEALED MOTION for leave to Seal a Document, 146 SEALED MOTION: re Gerald G. Lundergan. This document is sealed pursuant to REDACTED DOCUMENT located on the docket sheet at 102 SEALED MOTION: re Gerald G. Lundergan. This document is seale, 102 SEALED MOTION: re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 101 SEALED MOTION for leave to Seal a Document, 150 SEALED MOTION for leave to Seal a Document, 107 SEALED MOTION: re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 106 SEALED MOTION for leave to Seal a Document filed as to Gerald G. Lundergan (GLD) (Entered: 07/22/2019)
07/22/2019 153 SEALED DOCUMENT re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 146 SEALED MOTION: re Gerald G. Lundergan. This document is sealed pursuant to REDACTED DOCUMENT located on the docket sheet at 102 SEALED MOTION: re Gerald G. Lundergan. This document is seale (Attachments: # 1 Proposed Order) (True, J.) (Entered: 07/22/2019)
07/22/2019 154 SEALED DOCUMENT re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 102 SEALED MOTION: re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 101 SEALED MOTION for leave to Seal a Document, 101 SEALED MOTION for leave to Seal a Document (True, J.) (Entered: 07/22/2019)
07/22/2019 155 RESPONSE to Motion by USA as to Gerald G. Lundergan re 113 MOTION in Limine to Exclude Evidence of Uncharged Conduct (Boone, Andrew) (Entered: 07/22/2019)
07/23/2019 157 RESPONSE to Motion by Gerald G. Lundergan re 118 MOTION in Limine by USA to Preclude Argument Regarding Selective, Vindictive, and Otherwise Improper Prosecution and Jury Nullification (True, J.) (Entered: 07/23/2019)
07/23/2019 158 RESPONSE in Opposition by USA as to Gerald G. Lundergan re 115 MOTION in Limine to Exclude Evidence of Post-Election Transactions (Heberle, Robert) (Entered: 07/23/2019)
07/24/2019 159 RESPONSE in Opposition by USA as to Gerald G. Lundergan, Dale C. Emmons re 117 MOTION in Limine For Order Establishing Mens Rea Standard (Heberle, Robert) (Entered: 07/24/2019)
07/24/2019 160 RESPONSE in Opposition by USA as to Gerald G. Lundergan, Dale C. Emmons re 119 MOTION in Limine To Preclude the Government from taking legal positions at trial contrary to those of the FEC (Heberle, Robert) (Entered: 07/24/2019)
07/25/2019 161 MOTION to Supplement , MOTION to Exclude Evidence of Other Acts Under Rules 404(b) and 403 as to Gerald G. Lundergan. (Attachments: # 1 Exhibit A-Articles of Organization, # 2 Proposed Order) (True, J.) Modified on 7/26/2019 (GLD). (Entered: 07/25/2019)
07/25/2019 162 ORDER as to Gerald G. Lundergan: 1. Lundergan's 146 SEALED MOTION for leave to file consolidated reply is GRANTED. 2. Lundergan's 150 SEALED MOTION for leave to Seal a Document is GRANTED. 3. Exhibits at 151 shall be FILED UNDER SEAL. Signed by Judge Gregory F. VanTatenhove on 7/25/2019. (GLD)cc: COR,USM,USP (Entered: 07/25/2019)
07/26/2019 163 REPLY TO RESPONSE to Motion by Gerald G. Lundergan re 109 MOTION for Disclosure Or in the alternative, to Exclude Testimony from Tressa Whittington MOTION to Exclude (True, J.) (Entered: 07/26/2019)
07/26/2019 164 MOTION for Leave To Bring Certain Technological Devices and Equipment Into the Courtroom as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order)Motions no longer referred. (True, J.) Modified text on 7/31/2019 (JJ). (Entered: 07/26/2019)
07/26/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 108 SEALED MOTION: re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 106 SEALED MOTION for leave to Seal a Document, 109 MOTION for Disclosure Or in the alternative, to Exclude Testimony from Tressa Whittington MOTION to Exclude, 105 MOTION for Leave by Alison for Kentucky Senate Campaign Committee to Intervene and Motion for Protective Order Regarding Privileged Material MOTION for Protective Order filed as to Gerald G. Lundergan, Dale C. Emmons (GLD) (Entered: 07/26/2019)
07/29/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 109 MOTION for Disclosure Or in the alternative, to Exclude Testimony from Tressa Whittington MOTION to Exclude filed as to Gerald G. Lundergan (GLD) (Entered: 07/29/2019)
07/29/2019 165 INCORRECTLY FILED AS REPLY TO RESPONSE to Motion by USA as to Gerald G. Lundergan, Dale C. Emmons re 120 MOTION in Limine by USA to Exclude Improper Expert Testimony (Attachments: # 1 Exhibit A United States v. Benton Order)(Heberle, Robert) Modified text, Please see docket entry for CORRECT ENTRY for this filing on 7/30/2019 (JJ). (Entered: 07/29/2019)
07/30/2019 167 REPLY BRIEF to 119 by Gerald G. Lundergan In Support of Motion to preclude the Government from taking legal positions at trial contrary to those of the FEC (True, J.) (Entered: 07/30/2019)
07/30/2019 168 REPLY TO RESPONSE to Motion by USA as to Gerald G. Lundergan re 120 MOTION in Limine by USA to Exclude Improper Expert Testimony. Filed pursuant to QC re: 165 . (Attachments: # 1 Exhibit A United States v. Benton Order)(JJ) (Entered: 07/30/2019)
07/30/2019 169 REPLY TO RESPONSE to Motion by USA as to Gerald G. Lundergan, Dale C. Emmons re 118 MOTION in Limine by USA to Preclude Argument Regarding Selective, Vindictive, and Otherwise Improper Prosecution and Jury Nullification (Boone, Andrew) (Entered: 07/30/2019)
07/30/2019 NOTICE OF DOCKET MODIFICATION TO Robert Heberle re 165 Reply to Response to Motion; Error: The reply is filed as to all defendants; Entry by attorney; Clerk re-filed the document selecting the correct defendant. In the future, select only the defendant(s) who filed the motion at the case selection screen in order to create a link to the appropriate motion. No further action required by counsel. cc: COR (JJ) (Entered: 07/30/2019)
07/30/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 120 MOTION in Limine by USA to Exclude Improper Expert Testimony filed as to Gerald G. Lundergan (JJ) (Entered: 07/30/2019)
07/31/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 117 MOTION in Limine For Order Establishing Mens Rea Standard; 118 MOTION in Limine by USA to Preclude Argument Regarding Selective, Vindictive, and Otherwise Improper Prosecution and Jury Nullification; & 119 MOTION in Limine To Preclude the Government from taking legal positions at trial contrary to those of the FEC, filed as to Gerald G. Lundergan, Dale C. Emmons (JJ) (Entered: 07/31/2019)
07/31/2019 171 REPLY TO RESPONSE to Motion by Gerald G. Lundergan re 113 MOTION in Limine to Exclude Evidence of Uncharged Conduct (True, J.) (Entered: 07/31/2019)
07/31/2019 172 REPLY BRIEF to 115 by Gerald G. Lundergan In support of Motion to Exclude Evidence of Post-Election Transactions (True, J.) (Entered: 07/31/2019)
07/31/2019 173 ORDER as to Gerald G. Lundergan (1), Dale C. Emmons (2) : It is hereby ORDERED that Defendant Lundergan's 109 Motion for Supplemented Disclosure or to Exclude Testimony from Tressa Whittington is DENIED. Signed by Judge Gregory F. VanTatenhove on 7/31/2019. (JJ)cc: COR (Entered: 07/31/2019)
07/31/2019 174 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons PRETRIAL CONFERENCE held on 07/19/019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: THE COURT. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 8/26/2019. Redacted Transcript Deadline set for 9/6/2019. Release of Transcript Restriction set for 11/1/2019. (Entered: 07/31/2019)
07/31/2019 175 SEALED TRANSCRIPT of Official Proceedings: as to Gerald G. Lundergan, Dale C. Emmons Pretrial Conference held on 07/19/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder. (Entered: 07/31/2019)
08/01/2019 177 MEMORANDUM OPINION & ORDER as to Gerald G. Lundergan: 1. Defendant Lundergan's 145 SEALED MOTION for leave to File Supplemental Privilege Log under Seal is GRANTED; 2. Alison for Kentucky Campaign Committee's 105 MOTION to Intervene and Motion for Protective Order is DENIED; 3. 107 Motion for a Kastigar-Like Hearing is DENIED; and 4. Defendant Defendant Lundergan's 108 Motion to Exclude Privileged Evidence is DENIED. Signed by Judge Gregory F. VanTatenhove on 8/1/2019. (JJ)cc: COR (Entered: 08/01/2019)
08/01/2019 178 MEMORANDUM OPINION & ORDER as to Gerald G. Lundergan, Dale C. Emmons: It is hereby ORDERED that Defendants' Joint 84 MOTION to Exclude Evidence of Other Acts Under Rules 404(b) and 403 and Defendant Lundergan's 85 MOTION to Suppress Evidence Related to 2011 and 2015 Kentucky Secretary of State Elections are both DENIED. Mr. Lundergan's 161 MOTION to Supplement MOTION to Exclude Evidence of Other Acts Under Rules 404(b) and 403 is GRANTED IN PART as to the request to supplement his motion but DENIED IN PART as to his request to exclude particular evidence. Signed by Judge Gregory F. VanTatenhove on 8/1/2019. (JJ)cc: COR (Entered: 08/01/2019)
08/01/2019 179 SEALED MEMORANDUM OPINION & ORDER as to Gerald G. Lundergan (1) re 102 SEALED MOTION , 103 SEALED MOTION , & 104 SEALED MOTION . Signed by Judge Gregory F. VanTatenhove on 8/1/2019. cc: service by U.S. Mail on paper. (JJ) (Entered: 08/01/2019)
08/01/2019 180 JOINT STATEMENT OF CASE by Gerald G. Lundergan as to Gerald G. Lundergan, Dale C. Emmons (True, J.) (Entered: 08/01/2019)
08/01/2019 181 Proposed Voir Dire by Gerald G. Lundergan (True, J.) (Entered: 08/01/2019)
08/01/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 115 MOTION in Limine to Exclude Evidence of Post-Election Transactions, 113 MOTION in Limine to Exclude Evidence of Uncharged Conduct filed as to Gerald G. Lundergan (JJ) (Entered: 08/01/2019)
08/01/2019 182 Proposed Voir Dire by USA as to Gerald G. Lundergan, Dale C. Emmons (Boone, Andrew) (Entered: 08/01/2019)
08/01/2019 183 STATEMENT OF CASE by USA as to Gerald G. Lundergan, Dale C. Emmons (Boone, Andrew) (Entered: 08/01/2019)
08/01/2019 184 Proposed Jury Instructions by Gerald G. Lundergan as to Gerald G. Lundergan, Dale C. Emmons (True, J.) (Entered: 08/01/2019)
08/01/2019 185 Proposed Jury Instructions by USA as to Gerald G. Lundergan, Dale C. Emmons (Heberle, Robert) (Entered: 08/01/2019)
08/01/2019 186 EXHIBIT LIST by USA as to Gerald G. Lundergan, Dale C. Emmons (Boone, Andrew) (Entered: 08/01/2019)
08/02/2019 *** FILE SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review: re 184 Proposed Jury Instructions, 185 Proposed Jury Instructions, 186 Exhibit List, 181 Proposed Voir Dire, 176 Proposed Voir Dire, 182 Proposed Voir Dire, 183 Statement of Case, 180 Statement of Case filed as to Gerald G. Lundergan, Dale C. Emmons (JJ) (Entered: 08/02/2019)
08/06/2019 191 REPLY TO RESPONSE to Motion by Gerald G. Lundergan re 117 MOTION in Limine For Order Establishing Mens Rea Standard (True, J.) (Entered: 08/06/2019)
08/06/2019 196 MINUTE ENTRY for TELEPHONIC STATUS CONFERENCE as to Gerald G. Lundergan, Dale C. Emmons held on 8/6/2019 before Judge Gregory F. VanTatenhove:Amanda Callais, J. Guthrie True, Marc E. Elias appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick F. Nash appeared as retained COR for dft Emmons. The Court heard discussion of counsel regarding the scaled motion by Defendant Emmons [R. 188 ]. The Court takes the matter under advisement and a separate order shall issue. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Joan Averdick.)(KM)cc: COR,USP (Entered: 08/09/2019)
08/07/2019 *** FILE SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review: re 191 Reply to Response to Motion filed as to Gerald G. Lundergan (JJ) (Entered: 08/07/2019)
08/07/2019 193 ORDER as to Gerald G. Lundergan (1), Dale C. Emmons (2): 1. Defendant Lundergan's 112 Motion in Limine to Exclude Evidence of Erin Tibes Familial Connections is DENIED AS MOOT. 2. Defendant Lundergan's 113 Motion in Limine to Exclude Evidence of Uncharged Conduct is DENIED WITHOUT PREJUDICE. 3. Defendant Lundergan's 115 Motion in Limine to Exclude Evidence of Post-Election Transactions is DENIED. 4. Defendants' 117 Motion in Limine for Order Establishing Mens Rea Standard is DENIED. 5. Defendants' 119 Motion in Limine to Preclude Government from Taking Legal Protective Contrary to the FEC is DENIED. 6. USA's 118 Motion in Limine to Preclude Argument Regarding Selective, Vindictive, orOtherwise Improper Prosecution and Jury Nullification is DENIED WITHOUT PREJUDICE. Signed by Judge Gregory F. VanTatenhove on 8/7/2019. (JJ)cc: COR (Entered: 08/07/2019)
08/08/2019 194 MINUTE ENTRY for Jury Trial DAY 1 as to Gerald G. Lundergan, Dale C. Emmons held on 8/8/2019 before Judge Gregory F. Van Tatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons. The Motion for leave to bring certain technological devices & equipment 164 is GRANTED IN PART & DENIED IN PART. Motion to Joint 166 to the Motion for Leave is GRANTED. Rule of separation of witnesses invoked. Motion in Limine To exclude Improper Expert Testimony 120 is taken under advisement. Dft shall provide summary charts to USA by noon on 8/12/2019. Court heard discussion regarding 404(b) evidence. The Court construct this discussion as motion for reconsideration regarding Memorandum Opinion 178 & the matter is taken under advisement. The jury impaneled & sworn as listed. Case continued to 8/13/2019 at 9:30 a.m. for further trial. Defendant remain on current conditions of Pretrial release. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (KM)cc: COR,USM,USP, Frankfort Clerk Modified text on 8/21/2019 (JJ). (Entered: 08/09/2019)
08/08/2019 Set/Reset Hearings as to Gerald G. Lundergan, Dale C. Emmons: JURY TRIAL set for 8/13/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. (KM) (Entered: 08/09/2019)
08/09/2019 Motion Taken Under Advisement as to Gerald G. Lundergan re 120 MOTION in Limine by USA to Exclude Improper Expert Testimony (KM) (Entered: 08/09/2019)
08/09/2019 195 MOTION to Quash by USA to Quash Trial Subpoenas Addressed to Members of the Federal Election Commission as to Gerald G. Lundergan. (Attachments: # 1 Exhibit A Subpoena to Chair Weintraub and Vice Chairman Peterson, # 2 Exhibit B Subpoena to Vice Chairman Peterson, # 3 Exhibit C Subpoena to Director Chacona, # 4 Proposed Order)Motions no longer referred. (Heberle, Robert) Modified text on 8/12/2019 (JJ). (Entered: 08/09/2019)
08/09/2019 197 Motion for SEALED TRANSCRIPT by Gerald G. Lundergan for proceedings held on 07/19/2019 before Judge Gregory F. VanTatenhove. (Attachments: # 1 Proposed Order)(Callais, Amanda) Modified event and text on 8/12/2019 (JJ). (Entered: 08/09/2019)
08/10/2019 198 SEALED RESPONSE by Gerald G. Lundergan re 179 Sealed Memorandum, Opinion, and Order, 106 Sealed Motion for leave to Seal a Document, 102 Sealed Motion, 103 Sealed Motion, 104 Sealed Motion, (Callais, Amanda) Modified text on 8/12/2019 (JJ). (Entered: 08/10/2019)
08/12/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 195 MOTION to Quash by USA to Quash Trial Subpoenas Addressed to Members of the Federal Election Commission, 197 MOTION for Sealed Transcrip filed as to Gerald G. Lundergan, *** FILE SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review: re 198 Sealed Response to Sealed Motion, filed as to Gerald G. Lundergan (JJ) (Entered: 08/12/2019)
08/12/2019 199 RESPONSE in Opposition by Gerald G. Lundergan re 195 MOTION to Quash by USA to Quash Trial Subpoenas Addressed to Members of the Federal Election Commission (Callais, Amanda) (Entered: 08/12/2019)
08/12/2019 200 MOTION to Exclude Identification of Defense Counsel as to Gerald G. Lundergan. Motions no longer referred. (True, J.) Modified text on 8/13/2019 (JJ). (Entered: 08/12/2019)
08/12/2019 201 REPLY TO RESPONSE to Motion by USA as to Gerald G. Lundergan re 195 MOTION to Quash by USA to Quash Trial Subpoenas Addressed to Members of the Federal Election Commission (Heberle, Robert) (Entered: 08/12/2019)
08/12/2019 202 EX PARTE MOTION by USAas to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Proposed Order)Motions referred to Matthew A. Stinnett. (Boone, Andrew) (Entered: 08/12/2019)
08/12/2019 203 ORDER as to Gerald G. Lundergan (1): 1. Defendant Lundergan's 197 Motion to Provide Sealed Transcripts is GRANTED; and 2. The Court Reporter is ORDERED to provide access to the requested 175 sealed transcript to Defendant Gerald Lundergan. Signed by Judge Gregory F. VanTatenhove on 8/12/2019. (JJ)cc: COR (Entered: 08/12/2019)
08/12/2019 204 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 1 held on 08/08/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: AMANDA R. CALLAIS. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/6/2019. Redacted Transcript Deadline set for 9/16/2019. Release of Transcript Restriction set for 11/15/2019. (Entered: 08/12/2019)
08/12/2019 205 TRANSCRIPT - REDACTED re 204 Transcript,,,,, re JURY TRIAL - DAY 1 held on 08/08/2019 before Judge Gregory F. Van Tatenhove. in case as to Gerald G. Lundergan, Dale C. Emmons (Entered: 08/12/2019)
08/12/2019 207 ORDER as to Gerald G. Lundergan: The Court DENIES Lundergan's Supplemental Motion to Exclude R. 194 . Signed by Judge Gregory F. VanTatenhove on 8/12/2019. (KM)cc: COR,USP (Entered: 08/13/2019)
08/13/2019 206 MEMORANDUM OPINION & ORDER: The United States Motion in Limine to Exclude Testimony R. 120 is DENIED. Mr. Toner may testify in conformance with this Order. Because Mr. Toner will testify, Mr. Lundergan has not shown that he will require the documents and testimony described in the FEC subpoenas. Accordingly, the United States' Motion to Quash R. 195 is GRANTED. Signed by Judge Gregory F. VanTatenhove on 8/12/19. (JLM)cc: COR (Entered: 08/13/2019)
08/13/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 202 EX PARTE MOTION by USA, 200 MOTION to Exclude Identification of Defense Counsel filed as to Gerald G. Lundergan, Dale C. Emmons (JJ) (Entered: 08/13/2019)
08/13/2019 209 MINUTE ENTRY for Jury Trial DAY 2 as to Gerald G. Lundergan, Dale C. Emmons held on 8/13/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons. Introduction of evidence for plaintiff began but not concluded. Case continued to 8/14/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. Dft remain on conditions of release. USA objects to certain slides to be used during Dft's opening statement are GRANTED and DENIED. 200 Motion to exclude is DENIED as moot. An agreed stipulation to certain exhibits was presented to the Court. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR,USM,USP,F Modified text on 8/21/2019 (JJ). (Entered: 08/14/2019)
08/13/2019 219 AMENDED MINUTE ENTRY for Jury Trial DAY 2 as to Gerald G. Lundergan, Dale C. Emmons held on 8/13/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons. Introduction of evidence for plaintiff began but not concluded. Case continued to 8/14/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. Dft remain on conditions of release. USA objects to certain slides to be used during Dft's opening statement are GRANTED and DENIED. 200 Motion to exclude is DENIED as moot. An agreed stipulation to certain exhibits was presented to the Court. Signed by Judge Gregory F. Van Tatenhove. Amended to reflect the correct US Attorney. (Court Reporter Sandy Wilder.) (JJ)cc: COR,USM,USP,F (Entered: 08/21/2019)
08/14/2019 208 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 2 held on 08/13/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: GOVERNMENT AND DEFENSE. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/9/2019. Redacted Transcript Deadline set for 9/19/2019. Release of Transcript Restriction set for 11/15/2019. (Entered: 08/14/2019)
08/14/2019 Set/Reset Hearings as to Gerald G. Lundergan, Dale C. Emmons: JURY TRIAL (Day 3) set for 8/14/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. Counsel to be present at 9:00 AM. (CBD) (Entered: 08/14/2019)
08/14/2019 Set/Reset Hearings as to Gerald G. Lundergan, Dale C. Emmons: JURY TRIAL set for /15/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. JURY TRIAL set for /16/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. JURY TRIAL set for 8/20/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. JURY TRIAL set for 8/21/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. JURY TRIAL set for 8/22/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. JURY TRIAL set for 8/23/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. JURY TRIAL set for 8/26/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. 8JURY TRIAL set for 8/28/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. JURY TRIAL set for 8/29/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. JURY TRIAL set for 8/30/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. JURY TRIAL set for 9/3/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. JURY TRIAL set for 9/4/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. JURY TRIAL set for 9/5/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. JURY TRIAL set for 9/6/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. JURY TRIAL set for 9/9/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. JURY TRIAL set for 9/10/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. JURY TRIAL set for 9/11/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. 8JURY TRIAL set for 9/12/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. JURY TRIAL set for 9/13/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. (CBD) (Entered: 08/14/2019)
08/14/2019 210 MOTION for Order TO AMEND COURT ORDER GRANTING LEAVE FOR DEFENSE PERSONNEL TO BRING CERTAIN TECHNOLOGICAL DEVICES AND EQUIPMENT INTO THE COURTROOM as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order)Motions no longer referred. (Callais, Amanda) Modified text on 8/15/2019 (JJ). (Entered: 08/14/2019)
08/14/2019 213 MINUTE ENTRY for Jury Trial DAY 3 as to Gerald G. Lundergan, Dale C. Emmons held on 8/14/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons. Jury impaneled and sworn; Intro of plaintiff evidence begun but not concluded; JURY TRIAL set for 8/15/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; Dft ermains on conditions or release; Calendar of trial schedule provided to all parties and jurors; 210 MOTION for Order TO AMEND COURT ORDER GRANTING LEAVE FOR DEFENSE PERSONNEL TO BRING CERTAIN TECHNOLOGICAL DEVICES AND EQUIPMENT INTO THE COURTROOM is GRANTED; Court directed dfts to provide copies of exhibits to USA. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR,USM,USP,F Modified text on 8/16/2019 (JJ). (Entered: 08/16/2019)
08/14/2019 220 AMENDED MINUTE ENTRY for Jury Trial DAY 3 as to Gerald G. Lundergan, Dale C. Emmons held on 8/14/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons. Jury impaneled and sworn; Intro of plaintiff evidence begun but not concluded; JURY TRIAL set for 8/15/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; Dft remains on conditions of release; Calendar of trial schedule provided to all parties and jurors; 210 MOTION for Order TO AMEND COURT ORDER GRANTING LEAVE FOR DEFENSE PERSONNEL TO BRING CERTAIN TECHNOLOGICAL DEVICES AND EQUIPMENT INTO THE COURTROOM is GRANTED; Court directed dfts to provide copies of exhibits to USA. Signed by Judge Gregory F. Van Tatenhove. Amended to reflect the correct US Attorney. (Court Reporter Sandy Wilder.) (JJ)cc: COR,USM,USP,F (Entered: 08/21/2019)
08/14/2019 249 SECOND AMENDED MINUTE ENTRY for Jury Trial DAY 3 as to Gerald G. Lundergan, Dale C. Emmons held on 8/14/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons. Jury impaneled and sworn; Intro of plaintiff evidence begun but not concluded; JURY TRIAL set for 8/15/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; Dft remains on conditions or release; Calendar of trial schedule provided to all parties and jurors; 210 MOTION for Order TO AMEND COURT ORDER GRANTING LEAVE FOR DEFENSE PERSONNEL TO BRING CERTAIN TECHNOLOGICAL DEVICES AND EQUIPMENT INTO THE COURTROOM is GRANTED; Court directed dfts to provide copies of exhibits to USA. Signed by Judge Gregory F. Van Tatenhove. Amended to reflect the correct docket entry (Court Reporter Sandy Wilder.) (JJ)cc: COR,USM,USP,F Modified date on 8/29/2019 (JJ). (Entered: 08/28/2019)
08/15/2019 211 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY held on 08/14/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/9/2019. Redacted Transcript Deadline set for 9/19/2019. Release of Transcript Restriction set for 11/18/2019. (Entered: 08/15/2019)
08/15/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 210 MOTION for Order TO AMEND COURT ORDER GRANTING LEAVE FOR DEFENSE PERSONNEL TO BRING CERTAIN TECHNOLOGICAL DEVICES AND EQUIPMENT INTO THE COURTROOM filed as to Gerald G. Lundergan (JJ) (Entered: 08/15/2019)
08/15/2019 212 EX PARTE ORDER as to Gerald G. Lundergan (1), Dale C. Emmons (2) re 202 Ex Parte Motion. Signed by Judge Gregory F. VanTatenhove on 8/15/2019. cc: Filing Attorney only via service by U.S. Mail on paper. (JJ) (Entered: 08/15/2019)
08/15/2019 214 MINUTE ENTRY for Jury Trial DAY 4 as to Gerald G. Lundergan, Dale C. Emmons held on 8/15/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; Jury impaneled and sworn; Intro of plaintiff's evidence began but not concluded; JURY TRIAL set for 8/16/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. Dft to remain on conditions of release. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR,USM,USP,F (Entered: 08/16/2019)
08/15/2019 221 AMENDED MINUTE ENTRY for Jury Trial DAY 4 as to Gerald G. Lundergan, Dale C. Emmons held on 8/15/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; Jury impaneled and sworn; Intro of plaintiff's evidence began but not concluded; JURY TRIAL set for 8/16/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. Dft to remain on conditions of release. Signed by Judge Gregory F. Van Tatenhove. Amended to reflect correct US Attorney. (Court Reporter Sandy Wilder.) (JJ)cc: COR,USM,USP,F (Entered: 08/21/2019)
08/15/2019 250 SECOND AMENDED MINUTE ENTRY for Jury Trial DAY 4 as to Gerald G. Lundergan, Dale C. Emmons held on 8/15/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; Jury impaneled and sworn; Intro of plaintiff's evidence began but not concluded; JURY TRIAL set for 8/16/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove. Dft to remain on conditions of release. Signed by Judge Gregory F. Van Tatenhove. Amended to correct the docket entry (Court Reporter Sandy Wilder.) (JJ)cc: COR,USM,USP,FC Modified date on 8/29/2019 (JJ). (Entered: 08/28/2019)
08/16/2019 215 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 4 held on 08/15/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/9/2019. Redacted Transcript Deadline set for 9/19/2019. Release of Transcript Restriction set for 11/18/2019. (Entered: 08/16/2019)
08/16/2019 218 MINUTE ENTRY for Jury Trial DAY 5 as to Gerald G. Lundergan, Dale C. Emmons held on 8/16/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; jury impaneled and sworn; intro of plaintiff's evidence not concluded; JURY TRIAL set for 8/20/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; dft remains on on current conditions of release. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR,USM,USP,F (Entered: 08/21/2019)
08/16/2019 238 AMENDED MINUTE ENTRY for Jury Trial DAY 5 as to Gerald G. Lundergan, Dale C. Emmons held on 8/16/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; jury impaneled and sworn; intro of plaintiff's evidence not concluded; JURY TRIAL set for 8/20/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; dft remains on on current conditions of release. Signed by Judge Gregory F. Van Tatenhove. Amended to correct a docket entry number. (Court Reporter Sandy Wilder.) (JJ)cc: COR,USM,USP,F (Entered: 08/27/2019)
08/17/2019 216 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 5 held on 08/16/19 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/12/2019. Redacted Transcript Deadline set for 9/20/2019. Release of Transcript Restriction set for 11/18/2019. (Entered: 08/17/2019)
08/20/2019 224 MINUTE ENTRY for Jury Trial DAY 6 as to Gerald G. Lundergan, Dale C. Emmons held on 8/20/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; jury impaneled and sworn; intro of plaintiff's evidence not concluded; JURY TRIAL set for 8/21/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; dft remains on on current conditions of release. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR,USM,USP,F (Entered: 08/22/2019)
08/20/2019 239 AMENDED MINUTE ENTRY for Jury Trial DAY 6 as to Gerald G. Lundergan, Dale C. Emmons held on 8/20/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; jury impaneled and sworn; intro of plaintiff's evidence not concluded; JURY TRIAL set for 8/21/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; dft remains on on current conditions of release. Signed by Judge Gregory F. Van Tatenhove. Amended to correct a docket entry number.(Court Reporter Sandy Wilder.) (JJ)cc: COR,USM,USP,F (Entered: 08/27/2019)
08/21/2019 217 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 6 held on 08/20/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/16/2019. Redacted Transcript Deadline set for 9/26/2019. Release of Transcript Restriction set for 11/22/2019. (Entered: 08/21/2019)
08/21/2019 222 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL (Day 7 Morning Session) held on 8/21/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Joan Averdick, Telephone number (859) 291-9666 Transcript ordered by: all parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/16/2019. Redacted Transcript Deadline set for 9/26/2019. Release of Transcript Restriction set for 11/22/2019. (Entered: 08/21/2019)
08/21/2019 225 MINUTE ENTRY for Jury Trial DAY 7 as to Gerald G. Lundergan, Dale C. Emmons held on 8/21/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; jury impaneled and sworn; intro of plaintiff's evidence not concluded; JURY TRIAL set for 8/22/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; dft remains on on current conditions of release; Outside the presence of the jury, 3 dfts exhibits were played for government witness Sital Sigh and Brad Chism. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Joan Averdick and Sandy Wilder.) (JJ)cc: COR,USM,USP Modified text on 8/22/2019 (JJ). (Entered: 08/22/2019)
08/21/2019 240 AMENDED MINUTE ENTRY for Jury Trial DAY 7 as to Gerald G. Lundergan, Dale C. Emmons held on 8/21/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; jury impaneled and sworn; intro of plaintiff's evidence not concluded; JURY TRIAL set for 8/22/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; dft remains on on current conditions of release; Outside the presence of the jury, 3 dfts exhibits were played for government witness Sital Sigh and Brad Chism. Signed by Judge Gregory F. Van Tatenhove. Amended to correct a docket entry number(Court Reporter Joan Averdick and Sandy Wilder.) (JJ)cc: COR,USM,USP,F (Entered: 08/27/2019)
08/22/2019 223 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 7 - AFTERNOON SESSION held on 08/21/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/16/2019. Redacted Transcript Deadline set for 9/26/2019. Release of Transcript Restriction set for 11/25/2019. (Entered: 08/22/2019)
08/22/2019 241 MINUTE ENTRY for Jury Trial DAY 8 as to Gerald G. Lundergan, Dale C. Emmons held on 8/22/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; Jury impaneled and sworn; introduction of plaintiff evidence but not concluded; JURY TRIAL continued for 8/23/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; dfts remain on conditions; Outside the presence of the jury dft Lundergan advised the Court of a conversation between a current Lundergan Company employee and the FBI; Also, outside the presence of the jury, the Court recognized David Guarnieri for questions. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Joan Averdick and Sandy Wilder.) (JJ)cc: COR,USM,USP,FC (Entered: 08/27/2019)
08/23/2019 226 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 8 AFTERNOON SESSION held on 08/22/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/16/2019. Redacted Transcript Deadline set for 9/26/2019. Release of Transcript Restriction set for 11/25/2019. (Entered: 08/23/2019)
08/23/2019 227 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 2 - CORRECTED TRANSCRIPT held on 08/13/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/16/2019. Redacted Transcript Deadline set for 9/26/2019. Release of Transcript Restriction set for 11/25/2019. (Entered: 08/23/2019)
08/23/2019 228 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL (Day 8 Morning Session) held on 8/22/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Joan Averdick, Telephone number (859) 291-9666 Transcript ordered by: all parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/16/2019. Redacted Transcript Deadline set for 9/26/2019. Release of Transcript Restriction set for 11/25/2019. (Entered: 08/23/2019)
08/23/2019 242 MINUTE ENTRY for Jury Trial DAY 9 as to Gerald G. Lundergan, Dale C. Emmons held on 8/23/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; Jury impaneled and sworn; introduction of evidence for plaintiff but not concluded; JURY TRIAL continued for 8/26/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; dft remain on current conditions; Outside the presence of the jury, the parties discussed a series of government exhibits; Counsel is directed to appear on Monday August 26, 2019 at 9:00 AM to discuss any objections to the series of exhibits; Counsel for Defendant Emmons was permitted leave to release his subpoenaed witnesses, who were scheduled to appear on Monday August 26, 2019, to be called at a later date. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Joan Averdick and Sandy Wilder.) (JJ)cc: COR,USM,USP,FC (Entered: 08/27/2019)
08/24/2019 229 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL (Day 9) held on 8/23/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Joan Averdick, Telephone number (859) 291-9666 Transcript ordered by: all parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/19/2019. Redacted Transcript Deadline set for 9/27/2019. Release of Transcript Restriction set for 11/25/2019. (Entered: 08/24/2019)
08/25/2019 230 MOTION for Reconsideration re 193 Order on Motion in Limine as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order)Motions no longer referred. (Callais, Amanda) Modified text on 8/26/2019 (JJ). (Entered: 08/25/2019)
08/26/2019 231 MOTION for Reconsideration re 206 Order on Motion to Quash,, Order on Motion in Limine, as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order)Motions no longer. (Callais, Amanda) Modified text on 8/26/2019 (JJ). (Entered: 08/26/2019)
08/26/2019 232 MOTION to Strike Improper Prosecutorial Commentary and for a Curative Instruction as to Gerald G. Lundergan. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Callais, Amanda) (Entered: 08/26/2019)
08/26/2019 233 MOTION in Limine to Exclude Proposed Government Exhibit 77A as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order) (Callais, Amanda) (Entered: 08/26/2019)
08/26/2019 234 MOTION in Limine as to Gerald G. Lundergan. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Callais, Amanda) (Entered: 08/26/2019)
08/26/2019 235 MOTION to Compel by USA Production of Redacted Information as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Exhibit 7/30/13 email, # 2 Proposed Order)Motions no longer referred. (Boone, Andrew) Modified text on 8/26/2019 (JJ). (Entered: 08/26/2019)
08/26/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 230 MOTION for Reconsideration re 193 Order on Motion in Limine filed as to Gerald G. Lundergan (JJ) (Entered: 08/26/2019)
08/26/2019 NOTICE OF DOCKET MODIFICATION TO Amanda Callais re 234 MOTION in Limine & 232 MOTION to Strike Improper Prosecutorial Commentary and for a Curative Instruction Error: attachments were insufficiently described as "Exhibit," "Exhibit A." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (JJ) Modified text on 8/26/2019 (JJ). (Entered: 08/26/2019)
08/26/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 235 MOTION to Compel by USA Production of Redacted Information, 233 MOTION in Limine to Exclude Proposed Government Exhibit 77A, 231 MOTION for Reconsideration re 206 Order on Motion to Quash,, Order on Motion in Limine, , 234 MOTION in Limine , 232 MOTION to Strike Improper Prosecutorial Commentary and for a Curative Instruction filed as to Gerald G. Lundergan, Dale C. Emmons (JJ) (Entered: 08/26/2019)
08/26/2019 236 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 10 - MORNING SESSION held on 08/26/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/19/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/29/2019. (Entered: 08/26/2019)
08/26/2019 253 MINUTE ENTRY for Jury Trial DAY 10 as to Gerald G. Lundergan, Dale C. Emmons held on 8/26/2019, before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; Jury impaneled and sworn; introduction of evidence for plaintiff but not concluded; JURY TRIAL continued for 8/28/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; dft remain on current conditions; Outside the presence of the jury, the Court directed the jurors to be released at 1:00 PM for oral arguments on several motion; Dft Emmons oral motion to join dft Lundergan's motions filed at 230 , 231 , 232 , 233 , & 234 is GRANTED; Dfts shall respond to 235 Motion to Compel; 231 Motion for Reconsideration is taken under advisement; 234 MOTION in Limine is DENIED except as to one exhibit, which was taken under advisement. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Joan Averdick and Sandy Wilder.) (JJ)cc: COR,USM,USP,FC (Entered: 08/29/2019)
08/27/2019 237 RESPONSE in Opposition by Gerald G. Lundergan re 235 MOTION to Compel by USA Production of Redacted Information (Callais, Amanda) (Entered: 08/27/2019)
08/27/2019 243 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL (Day 10 Afternoon Session) held on 8/26/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Joan Averdick, Telephone number (859) 291-9666 Transcript ordered by: all parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/20/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/29/2019. (Entered: 08/27/2019)
08/27/2019 244 SEALED MOTION for leave to Seal a Document (Attachments: # 1 Proposed Order) (Callais, Amanda) (Entered: 08/27/2019)
08/27/2019 245 SEALED MOTION: re Gerald G. Lundergan. This document is sealed pursuant to MOTION TO SEAL located on the docket sheet at 244 SEALED MOTION for leave to Seal a Document (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Proposed Order) (Callais, Amanda) (Entered: 08/27/2019)
08/27/2019 246 MOTION for Reconsideration re 178 Memorandum Opinion as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order)Motions no longer referred. (Callais, Amanda) Modified text on 8/28/2019 (JJ). (Entered: 08/27/2019)
08/27/2019 247 MOTION to Exclude the Government's Proposed Exhibits 61H, 61L, 61S, 61T, 61V, 61W, 61X, 61Y as to Gerald G. Lundergan. (Attachments: # 1 Exhibit A - Government Exhibit 61H, # 2 Exhibit B - Government Exhibit 61L, # 3 Exhibit C - Government Exhibit 61S, # 4 Exhibit D - Government Exhibit 61T, # 5 Exhibit E - Government Exhibit 61V, # 6 Exhibit F - Government Exhibit 61W, # 7 Exhibit G - Government Exhibit 61X, # 8 Exhibit H - USA-00441918, # 9 Exhibit I - Government Exhibit 61Y, # 10 Proposed Order)Motions no longer referred. (Callais, Amanda) Modified text on 8/28/2019 (JJ). (Entered: 08/28/2019)
08/28/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 246 MOTION for Reconsideration re 178 Memorandum Opinion, , 247 MOTION to Exclude the Government's Proposed Exhibits 61H, 61L, 61S, 61T, 61V, 61W, 61X, 61Y, 245 SEALED MOTION: re Gerald G. Lundergan, 244 SEALED MOTION for leave to Seal a Document filed as to Gerald G. Lundergan (JJ) (Entered: 08/28/2019)
08/28/2019 248 MEMORANDUM OPINION as to Gerald G. Lundergan, Dale C. Emmons: The Court denied this 232 MOTION to Strike Improper Prosecutorial Commentary and for a Curative Instruction from the bench. The Court also finds that a curative instruction is unnecessary at this juncture. Signed by Judge Gregory F. VanTatenhove on 8/28/2019. (JJ)cc: COR (Entered: 08/28/2019)
08/28/2019 251 MEMORANDUM OPINION AND ORDER as to Gerald G. Lundergan, Dale C. Emmons: It is hereby ORDERED that Defendant Lundergan's 231 MOTION for Reconsideration is DENIED. Signed by Judge Gregory F. VanTatenhove on 8/28/2019. (JJ)cc: COR (Entered: 08/28/2019)
08/28/2019 252 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 11 - MORNING SESSION held on 08/28/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/23/2019. Redacted Transcript Deadline set for 10/3/2019. Release of Transcript Restriction set for 11/29/2019. (Entered: 08/28/2019)
08/28/2019 255 MINUTE ENTRY for Jury Trial DAY 11 as to Gerald G. Lundergan, Dale C. Emmons held on 8/28/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; Jury impaneled and sworn; introduction of evidence for plaintiff but not concluded; JURY TRIAL continued for 8/29/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; dft remain on current conditions. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Joan Averdick and Sandy Wilder.) (JJ)cc: COR,USM,USP,FC (Entered: 08/29/2019)
08/29/2019 254 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL (Day 11 Afternoon Session) held on 8/28/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Joan Averdick, Telephone number (859) 291-9666 Transcript ordered by: all parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/23/2019. Redacted Transcript Deadline set for 10/3/2019. Release of Transcript Restriction set for 12/2/2019. (Entered: 08/29/2019)
08/29/2019 256 MEMORANDUM OPINION as to Gerald G. Lundergan, Dale C. Emmons: The Court DENIED 234 MOTION in Limine to Exclude Government Exhibits 68A-1 through 68A-17, 68B-1 through 68B-38, and 68C-1 through 68C-214 at the bench [R. 253 ]. Signed by Judge Gregory F. VanTatenhove on 8/29/2019. (JJ)cc: COR (Entered: 08/29/2019)
08/29/2019 257 NOTICE of Offer of Proof (Attachments: # 1 Exhibit A - Defendant Exhibit 710)(Callais, Amanda) (Entered: 08/29/2019)
08/29/2019 258 MOTION to Exclude the Government's Proposed Demonstrative Exhibits 140A-L, 105A-E, 106, and 107 as to Gerald G. Lundergan. (Attachments: # 1 Exhibit A - Government's Proposed Exhibits 140A-L, 105A-E, 106, and 107)Motions referred to Matthew A. Stinnett. (Callais, Amanda) (Entered: 08/29/2019)
08/29/2019 259 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 12 - MORNING SESSION held on 08/29/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/23/2019. Redacted Transcript Deadline set for 10/3/2019. Release of Transcript Restriction set for 12/2/2019. (Entered: 08/29/2019)
08/29/2019 260 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL (Day 12 Afternoon Session) held on 8/29/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Joan Averdick, Telephone number (859) 291-9666 Transcript ordered by: all parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/23/2019. Redacted Transcript Deadline set for 10/3/2019. Release of Transcript Restriction set for 12/2/2019. (Entered: 08/29/2019)
08/29/2019 263 MINUTE ENTRY for Jury Trial DAY 12 as to Gerald G. Lundergan, Dale C. Emmons held on 8/29/2019, before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; Jury impaneled and sworn; introduction of evidence for plaintiff but not concluded; JURY TRIAL continued for 8/30/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; dft remain on current conditions; Outside the presence of the jury, the Court heard discussion re 247 Motion to Exclude; USA does not intent to introduce exhibit 61T; Dft Emmons Motion to joint 247 Motion to Exclude is GRANTED; 247 Motion to exclude is GRANTED as to Exhibit 61H, DENIED sa to Exhibits 61L,61S,61W,61X,61Y, DENIED AS MOOT, as to Exhibit 61T, and TAKEN UNDER ADVISEMENT as to Exhibit 61V; After mid-day break 247 Motion to Exclude was GRANTED as to Exhibit 61V. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Joan Averdick and Sandy Wilder.) (JJ)cc: COR,USM,USP,FC (Entered: 09/03/2019)
08/30/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 258 MOTION to Exclude the Government's Proposed Demonstrative Exhibits 140A-L, 105A-E, 106, and 107 filed as to Gerald G. Lundergan (JJ) (Entered: 08/30/2019)
08/30/2019 261 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL (Day 13 Morning Session) held on 8/30/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Joan Averdick, Telephone number (859) 291-9666 Transcript ordered by: all parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/23/2019. Redacted Transcript Deadline set for 10/3/2019. Release of Transcript Restriction set for 12/2/2019. (Entered: 08/30/2019)
08/30/2019 266 MINUTE ENTRY for Jury Trial DAY 13 as to Gerald G. Lundergan, Dale C. Emmons held on 8/30/2019, Motions terminated as to Gerald G. Lundergan, Dale C. Emmons: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; Jury impaneled and sworn; introduction of evidence for plaintiff but not concluded; JURY TRIAL continued for 9/3/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; dft remain on current conditions; Outside the presence of the jury, the USA's 235 MOTION to Compel is DENIED AS MOOT; USA's oral motion to introduce unredacted version of exhibit is DENIED; Outside the presence of the jury, the Court heard discussion of counsel regarding the 258 Motion to Exclude; Dft Emmons motion to join the 258 Motion to Exclude is GRANTED; 258 Motion to Exclude is taken under advisement. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Joan Averdick and Sandy Wilder.) (JJ)cc: COR,USM,USP,FC (Entered: 09/03/2019)
08/31/2019 262 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 13 - AFTERNOON SESSION held on 08/30/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/26/2019. Redacted Transcript Deadline set for 10/4/2019. Release of Transcript Restriction set for 12/2/2019. (Entered: 08/31/2019)
09/03/2019 264 MEMORANDUM OPINION and ORDER as to Gerald G. Lundergan, Dale C. Emmons: Defendant's 245 SEALED MOTION & 246 MOTION for Reconsideration must be DENIED. Signed by Judge Gregory F. VanTatenhove on 9/3/2019. (JJ)cc: COR (Entered: 09/03/2019)
09/03/2019 267 MEMORANDUM OPINION as to Gerald G. Lundergan, Dale C. Emmons: The motion was Granted with respect to exhibit 61H, and Denied with respect to 61L, 61S, 61W, 61X, and 61Y. The motion was Denied as Moot with respect to Exhibit 61T. The Court took the objection to Exhibit 61V under advisement over the lunch hour, but ultimately granted the Motion with respect to 61V.The 263 Minute Order documents these rulings. Signed by Judge Gregory F. VanTatenhove on 9/3/2019. (JJ)cc: COR (Entered: 09/03/2019)
09/03/2019 268 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 14 - MORNING SESSION held on 09/03/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/27/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/5/2019. (Entered: 09/03/2019)
09/03/2019 269 MEMORANDUM OPINION AND ORDER as to Gerald G. Lundergan, Dale C. Emmons: It is hereby ORDERED that the Defendant's 258 MOTION to Exclude the Government's Proposed Demonstrative Exhibits 140A-L, 105A-E, 106, and 107 as evidence is GRANTED. Signed by Judge Gregory F. VanTatenhove on 9/3/2019. (JJ)cc: COR (Entered: 09/04/2019)
09/03/2019 270 ORDER as to Gerald G. Lundergan, Dale C. Emmons: The foregoing supplements the previous rulings from the bench. The 253 Minute Order documents those rulings. Signed by Judge Gregory F. VanTatenhove on 9/3/2019. (JJ)cc: COR (Entered: 09/04/2019)
09/03/2019 273 MINUTE ENTRY for Jury Trial DAY 14 as to Gerald G. Lundergan, Dale C. Emmons held on 9/3/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; Jury impaneled and sworn; introduction of evidence for plaintiff but not concluded; JURY TRIAL continued for 9/4/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; dft remain on current conditions. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Joan Averdick and Sandy Wilder.) (JJ)cc: COR,USM,USP,FC (Entered: 09/04/2019)
09/04/2019 271 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL (Day 14 Afternoon Session) held on 9/3/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Joan Averdick, Telephone number (859) 291-9666 Transcript ordered by: all parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/30/2019. Redacted Transcript Deadline set for 10/10/2019. Release of Transcript Restriction set for 12/6/2019. (Entered: 09/04/2019)
09/04/2019 272 ORDER as to Gerald G. Lundergan, Dale C. Emmons : Due to a scrivener's error, the 269 Memorandum Opinion and Order is hereby AMENDED to reflect that the exhibits being excluded as evidence are Exhibits 104A-L, 105A-E, 106 and 107. Signed by Judge Gregory F. VanTatenhove on 9/4/2019. (JJ)cc: COR (Entered: 09/04/2019)
09/04/2019 280 MINUTE ENTRY for Jury Trial DAY 15 as to Gerald G. Lundergan, Dale C. Emmons held on 9/4/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; Jury impaneled and sworn; introduction of evidence for plaintiff but not concluded; JURY TRIAL continued for 9/5/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; dft remain on current conditions; outside the presence of the jury, the Court directed parties to file simultaneous briefing on objection by midnight 9/5/19. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Joan Averdick and Sandy Wilder.) (JJ)cc: COR,USM,USP,FC (Entered: 09/06/2019)
09/05/2019 274 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 15 - MORNING SESSION held on 09/04/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/30/2019. Redacted Transcript Deadline set for 10/10/2019. Release of Transcript Restriction set for 12/9/2019. (Entered: 09/05/2019)
09/05/2019 275 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL (Day 15 Afternoon Session) held on 9/4/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Joan Averdick, Telephone number (859) 291-9666 Transcript ordered by: all parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/30/2019. Redacted Transcript Deadline set for 10/10/2019. Release of Transcript Restriction set for 12/9/2019. (Entered: 09/05/2019)
09/05/2019 276 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 16 - AFTERNOON SESSION held on 09/05/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/30/2019. Redacted Transcript Deadline set for 10/10/2019. Release of Transcript Restriction set for 12/9/2019. (Entered: 09/05/2019)
09/05/2019 277 MOTION in Limine by USA to Exclude Defense Exhibit 680 as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Heberle, Robert) (Entered: 09/05/2019)
09/05/2019 278 RESPONSE to 277 by Gerald G. Lundergan to Government's Objection to Proposed Defense Exhibits 680 & 632 (Attachments: # 1 Exhibit A - Defendant Exhibit 680, # 2 Exhibit B - Defendant Exhibit 632)(Callais, Amanda) (Entered: 09/05/2019)
09/05/2019 ORAL MOTION for Mistrial by Defendant Gerald Lundergan (JJ) (Entered: 09/06/2019)
09/05/2019 281 MINUTE ENTRY for Jury Trial DAY 16 as to Gerald G. Lundergan, Dale C. Emmons held on 9/5/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; Jury impaneled and sworn; introduction of evidence for plaintiff but not concluded; JURY TRIAL continued for 9/5/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; dft remain on current conditions; The Court gave jury instruction re witnesses who testify to both fact and opinion; Outside the presence of the jury, Dft Lundergan's oral motion for mistrial is TAKEN UNDER ADVISEMENT; Dft Emmons oral motion to join the motion for mistrial is GRANTED; Dft Emmons's renewed oral motion or severance is TAKEN UNDER ADVISEMENT. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Joan Averdick and Sandy Wilder.) (JJ)cc: COR,USM,USP,FC (Entered: 09/06/2019)
09/06/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 277 MOTION in Limine by USA to Exclude Defense Exhibit 680 filed as to Gerald G. Lundergan, Dale C. Emmons (JJ) (Entered: 09/06/2019)
09/06/2019 279 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL (Day 16 Morning Session) held on 9/5/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Joan Averdick, Telephone number (859) 291-9666 Transcript ordered by: all parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/30/2019. Redacted Transcript Deadline set for 10/10/2019. Release of Transcript Restriction set for 12/9/2019. (Entered: 09/06/2019)
09/06/2019 282 ORDER as to Gerald G. Lundergan (1), Dale C. Emmons (2): USA's 277 Motion in Limine to bar the introduction of Exhibit 680 is GRANTED. Signed by Judge Gregory F. VanTatenhove on 9/6/2019. (JJ)cc: COR Modified text on 9/6/2019 (JJ). (Entered: 09/06/2019)
09/06/2019 283 MEMORANDUM OPINION and ORDER as to Gerald G. Lundergan, Dale C. Emmons: Accordingly, and the Court being sufficiently advised, the ORAL MOTION to Sever & ORAL MOTION for Mistrial are DENIED. Signed by Judge Gregory F. VanTatenhove on 9/6/2019. (JJ)cc: COR (Entered: 09/06/2019)
09/06/2019 287 MINUTE ENTRY for Jury Trial DAY 17 as to Gerald G. Lundergan, Dale C. Emmons held on 9/6/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elisabeth Frost appeared as retained COR for dft Lundergan. Brandon Marshall, Patrick Nash appeared as retained COR for dft Emmons; Jury impaneled and sworn; introduction of evidence for defendant but not concluded; JURY TRIAL continued for 9/9/2019 at 09:30 AM in FRANKFORT before Judge Gregory F. VanTatenhove; dft remain on current conditions; Outside the presence of the jury, dfts oral motions for mistrial and severance were DENIED for reasons to be set out by separate order; Court heard arguments on the Rule 29 motions by dfts, which were TAKEN UNDER ADVISEMENT; Dft is permitted to file the PowerPoint during the Rule 29 motion argument; Request by the USA to enter Exhibit 81 as a Court Exhibit was GRANTED. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR,USM,USP,FC (Entered: 09/09/2019)
09/08/2019 284 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 17 held on 09/06/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/3/2019. Redacted Transcript Deadline set for 10/15/2019. Release of Transcript Restriction set for 12/12/2019. (Entered: 09/08/2019)
09/09/2019 285 AMENDED Proposed Jury Instructions by Gerald G. Lundergan (Callais, Amanda) (Entered: 09/09/2019)
09/09/2019 286 AMENDED Proposed Jury Instructions by USA as to Gerald G. Lundergan, Dale C. Emmons (Heberle, Robert) (Entered: 09/09/2019)
09/09/2019 288 MOTION to Exclude the Indictment from Being Sent Back to the Jury Together with the Evidence in This Case as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order)Motions no longer referred. (Callais, Amanda) Modified text on 9/11/2019 (JJ). (Entered: 09/09/2019)
09/09/2019 293 MINUTE ENTRY for Jury Trial (Day 18) as to Gerald G. Lundergan, Dale C. Emmons held on 9/9/2019 before Judge Gregory F. Van Tatenhove: J. Guthrie True, Marc Elias, Elizabeth Frost, Whitney Lawson, Amanda Callais appeared as retained counsel for Dft. Lundergan. Brandon Marshall, Patrick Nash appeared as Retained counsel for Dft. Emmons. Request of the United States for guidance on using trial transcript during closing argument is TAKENUNDER ADVISEMENT. Parties provided an estimate on time length for closing arguments. Renewed oral motion for severance by Defendant Emmons is TAKEN UNDER ADVISEMENT. Oral motion by Defendant Lundergan exclude all evidence regarding the category of a co-conspirator statement is TAKEN UNDER ADVISEMENT. Oral motion of Defendant Emmons to join the motion to exclude is GRANTED. Charging Conference set for 9/10/2019 at 12:30 PM in LEXINGTON before Judge Gregory F. Van Tatenhove. Introduction of evidence for Dft Lundergan continued & concluded. Introduction of evidence for Dft. Emmons begun & concluded. Rebuttal case for U.S. begun & concluded. Case continued for further JURY TRIAL on 9/11/2019 at 09:30 AM in LEXINGTON before Judge Gregory F. Van Tatenhove. Motion for judgment of acquittal submitted. Dfts to remain on current bond. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (KM)cc: COR,USM,USP,Frankfort Clerk (Entered: 09/11/2019)
09/10/2019 289 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 18 held on 09/09/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/4/2019. Redacted Transcript Deadline set for 10/15/2019. Release of Transcript Restriction set for 12/12/2019. (Entered: 09/10/2019)
09/10/2019 *** FILE SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review: re 286 Proposed Jury Instructions, 285 Proposed Jury Instructions filed as to Gerald G. Lundergan, Dale C. Emmons, *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 288 MOTION to Exclude the Indictment from Being Sent Back to the Jury Together with the Evidence in This Case filed as to Gerald G. Lundergan (JJ) (Entered: 09/10/2019)
09/10/2019 290 MOTION to Allow Use of Transcripts During Summation as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order)Motions no longer referred. (Callais, Amanda) Modified text on 9/11/2019 (JJ). (Entered: 09/10/2019)
09/10/2019 291 MOTION to Preclude Reference to State Party Contribution Limits in Closing Argument as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order)Motions no longer referred. (Callais, Amanda) Modified text on 9/11/2019 (JJ). (Entered: 09/10/2019)
09/10/2019 292 ORDER as to Gerald G. Lundergan, Dale C. Emmons: Mr. Lundergan's oral Motion to Exclude and Motion to Dismiss the Indictment are DENIED. Signed by Judge Gregory F. VanTatenhove on 9/10/2019. (JJ)cc: COR Modified file and signature date on 9/11/2019 (JJ). (Entered: 09/11/2019)
09/10/2019 294 MINUTE ENTRY for Jury Trial (Day 19) - Charging Conference as to Gerald G. Lundergan, Dale C. Emmons held on 9/10/2019 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elizabeth Frost, Whitney Lawson, Amanda Callais appeared as Retained counsel for Dft. Lundergan. Brandon Marshall, Patrick Nash appeared as Retained counsel for Dft. Emmon. Outside the presence of the jury, a charging conference was held. Motion to Allow Use of Transcripts During Summation of Defendant Lundergan 290 is GRANTED as articulated and in the manner stated on the record. Oral motion of Defendant Emmons to join and adopt all objections made by Defendant Lundergan to the jury instructions is GRANTED. Oral motion of Defendant Emmons to join the Motion to Exclude 288 is GRANTED. The Power Point presentation used by Dft Lundergan during the Rule 29 motion argument, previously admitted on 9/6/2019 as a Demonstrative Exhibit, is now admitted as a Court Exhibit. Motion to Exclude Indictment from Being Sent Back to the Jury 288 is GRANTED in part and DENIED in part as stated on the record. Case continued to 9/11/2019 for further trial. Counsel to appear at 9:00 a.m. Dfts to remain on current conditions of pretrial release. Signed by Judge Gregory F. Van Tatenhove. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (KM)cc: COR,USM,USP, Frankfort Clerk (Entered: 09/11/2019)
09/11/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 290 MOTION to Allow Use of Transcripts During Summation , 291 MOTION to Preclude Reference to State Party Contribution Limits in Closing Argument filed as to Gerald G. Lundergan, Dale C. Emmons (JJ) (Entered: 09/11/2019)
09/11/2019 303 MINUTE ENTRY for Jury Trial DAY 20 as to Gerald G. Lundergan, Dale C. Emmons held on 9/11/2019, before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elizabeth Frost, Whitney Lawson, Amanda Callais appeared as Retained counsel for Dft. Lundergan. Brandon Marshall, Patrick Nash appeared as Retained counsel for Dft. Emmons. Outside the presence of the jury, the charging conference was continued. Oral motion by Dft Emmons to join objections raised by dft Lundergan is GRANTED. Dft Emmons' oral motion to join the 291 MOTION to Preclude Reference to State Party Contribution Limits in Closing Argument is GRANTED. 291 Motion to Preclude References to State Party Contributions is GRANTED in part as to USA's closing statement. Closing arguments made by counsel. 291 Motion was TAKEN UNDER ADVISEMENT regarding the USA's rebuttal. Jury impaneled and sworn. Case continued to 9/12/2019 at 9:00 AM for further trial. Counsel shall appear at 8:30 AM. Dfts remain on conditions of release. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR,USM,USP,FC (Entered: 09/13/2019)
09/12/2019 295 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 20 - EXCERPTED TRANSCRIPT held on 09/11/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/7/2019. Redacted Transcript Deadline set for 10/18/2019. Release of Transcript Restriction set for 12/16/2019. (Entered: 09/12/2019)
09/12/2019 296 JURY VERDICT as to Gerald G. Lundergan (1) Guilty on Count 1,2,3,4,5,6,7,8,9,10. (JJ) (Entered: 09/12/2019)
09/12/2019 298 Jury Instructions as to Gerald G. Lundergan, Dale C. Emmons (JJ) (Entered: 09/12/2019)
09/12/2019 299 Jury Notes as to Gerald G. Lundergan, Dale C. Emmons (JJ) (Entered: 09/12/2019)
09/12/2019 300 Jury Seating Arrangement as to Gerald G. Lundergan, Dale C. Emmons (JJ) (Entered: 09/12/2019)
09/12/2019 301 EXHIBIT AND WITNESS LIST for Jury Trial held 8/8/2019-9/12/2019 as to Gerald G. Lundergan, Dale C. Emmons (JJ) (Entered: 09/12/2019)
09/12/2019 302 ORDER as to Gerald G. Lundergan (1), Dale C. Emmons (2): Mr. Lundergan's 233 Motion in Limine is DENIED AS MOOT; Mr. Lundergan's 244 Sealed Motion for leave to Seal a Document is GRANTED; and Mr. Emmons Motion for Severance [R. 289 at 165] is DENIED. Signed by Judge Gregory F. VanTatenhove on 9/12/2019. (JJ)cc: COR (Entered: 09/13/2019)
09/12/2019 305 MINUTE ENTRY for Jury Trial DAY 21 as to Gerald G. Lundergan, Dale C. Emmons held on 9/12/2019, before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elizabeth Frost, Whitney Lawson, Amanda Callais appeared as Retained counsel for Dft. Lundergan. Brandon Marshall, Patrick Nash appeared as Retained counsel for Dft. Emmons. Outside the presence of the jury, 291 Motion to Preclude is DENIED. Objection by the USA regarding good faith is DENIED. Rebuttal closing argument by USA was made. Court instructed the jury and alternates. Jury notes shall be filed in the record. Oral motion of Dft for an extension of time is GRANTED. Jury impaneled and sworn. Jury retires to deliberate and returned. Jury Verdict. Jury Polled. Case continued for SENTENCING set for 1/22/2020 at 10:00 AM in FRANKFORT before Judge Gregory F. VanTatenhove. Court orders PSR. Dfts remain on current conditions of release. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR,USM,USP,FC (Entered: 09/13/2019)
09/13/2019 304 ORDER in compliance w/Sentencing Reform Act as to Gerald G. Lundergan, Dale C. Emmons. Signed by Judge Gregory F. VanTatenhove on 9/13/19. (KJR)cc: COR,USM,USP (Entered: 09/13/2019)
09/23/2019 306 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 19 held on 09/10/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. (Entered: 09/23/2019)
09/24/2019 307 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 20 held on 09/11/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. (Entered: 09/24/2019)
09/24/2019 308 TRANSCRIPT of Proceedings: as to Gerald G. Lundergan, Dale C. Emmons JURY TRIAL - DAY 21 OF 21 DAYS held on 09/12/2019 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114 Transcript ordered by: ALL PARTIES. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. (Entered: 09/24/2019)
10/28/2019 309 JOINT MOTION for Leave to File Excess Pages by Gerald G. Lundergan Regarding Post-Trial Briefing as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Proposed Order)Motions no longer referred. (True, J.) Modified text on 10/29/2019 (JJ). (Entered: 10/28/2019)
10/28/2019 310 JOINT MOTION for Acquittal by Gerald G. Lundergan Or in the alternative, MOTION for New Trial by Gerald G. Lundergan as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (True, J.) (Entered: 10/28/2019)
10/30/2019 311 ORDER as to Gerald G. Lundergan (1), Dale C. Emmons (2): Defendants' 309 Motion for Leave to File Excess Pages is GRANTED. Signed by Judge Gregory F. VanTatenhove on 10/30/2019. (JJ)cc: COR (Entered: 10/30/2019)
11/05/2019 312 MOTION for Extension of Time to File Response/Reply by USA to Defendants' Post-Verdict Motions as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Proposed Order) (Boone, Andrew) Modified on 11/6/2019 (SLH). (Entered: 11/05/2019)
11/06/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Van Tatenhove to review re 312 MOTION for Extension of Time to File Response/Reply by USA to Defendants' Post-Verdict Motions filed as to Gerald G. Lundergan, Dale C. Emmons (SLH) (Entered: 11/06/2019)
11/07/2019 313 ORDER as to Gerald G. Lundergan, Dale C. Emmons: USA's 312 MOTION for Extension of Time to File Response is GRANTED. Counsel for USA shall have up to and including 12/12/2019 to file its response. Signed by Judge Gregory F. VanTatenhove on 11/7/2019. (JJ)cc: COR (Entered: 11/07/2019)
11/21/2019 315 INCORRECTLY FILED JOINT MOTION to Continue Sentencing and Reset Filing Deadlines as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order)Motions referred to Matthew A. Stinnett. (True, J.) Please see docket entry 316 for the CORRECT ENTRY for this filing. Modified text on 11/22/2019 (JJ). (Entered: 11/21/2019)
11/21/2019 316 MOTION to Continue Sentencing and Reset Filing Deadlines as to Gerald G. Lundergan, Dale C. Emmons. Document filed pursuant to QC re: 315 (Attachments: # 1 Proposed Order) (JJ) (Entered: 11/22/2019)
11/22/2019 NOTICE OF DOCKET MODIFICATION TO J. Guthrie True re 315 JOINT MOTION to Continue Sentencing and Reset Filing Deadlines; Error: The document is filed as to one defendant; if the motions is to multiple defendants, all defendants included should be selected at the case number selection screen. Entry by attorney; Clerk re-filed the document selecting the correct defendants. No further action required by counsel. cc: COR (JJ) (Entered: 11/22/2019)
12/02/2019 318 ORDER as to Gerald G. Lundergan, Dale C. Emmons: Defendants' 316 MOTION to Continue is GRANTED; 2. SENTENCING is CONTINUED to 3/25/2020 at 10:00 AM in FRANKFORT before Judge Gregory F. VanTatenhove; 3. Defendants' deadline to file their Reply to the USA's response is CONTIUED to 1/6/2020; 4. The Court establishes the following new deadlines: a. USP SHALL DISCLOSE PSR on or before 1/2/2020; b. Parties SHALL FILE objections on or before 2/7/2020; c. 15 days prior to sentencing, USP SHALL DISCLOSE a final version; and d. 5 days prior to sentencing, parties SHALL FILE memorandum address 3553 sentencing factors. Signed by Judge Gregory F. VanTatenhove on 12/2/2019. (JJ)cc: COR,USM,USP,FC (Entered: 12/02/2019)
12/12/2019 319 MOTION for Leave by USA to File Memorandum in Excess of Twenty-Five Pages as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Proposed Order)Motions referred to Matthew A. Stinnett. (Boone, Andrew) (Entered: 12/12/2019)
12/12/2019 320 RESPONSE in Opposition by USA as to Gerald G. Lundergan, Dale C. Emmons re 310 JOINT MOTION for Acquittal by Gerald G. Lundergan Or in the alternative MOTION for New Trial by Gerald G. Lundergan (Heberle, Robert) (Entered: 12/12/2019)
12/13/2019 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 319 MOTION for Leave by USA to File Memorandum in Excess of Twenty-Five Pages, 310 JOINT MOTION for Acquittal by Gerald G. Lundergan Or in the alternative MOTION for New Trial by Gerald G. Lundergan filed as to Gerald G. Lundergan, Dale C. Emmons (JJ) (Entered: 12/13/2019)
12/17/2019 321 ORDER as to Gerald G. Lundergan (1), Dale C. Emmons (2): Defendant's 319 Motion to Leave to File Excess Pages is GRANTED. Signed by Judge Gregory F. VanTatenhove on 12/17/2019. (JJ)cc: COR (Entered: 12/17/2019)
01/06/2020 322 MOTION for Leave to File Excess Pages by Gerald G. Lundergan as to Gerald G. Lundergan, Dale C. Emmons. (Attachments: # 1 Proposed Order)Motions no longer referred. (True, J.) Modified text on 1/6/2020 (JJ). (Entered: 01/06/2020)
01/06/2020 323 REPLY TO RESPONSE to Motion by Gerald G. Lundergan as to Gerald G. Lundergan, Dale C. Emmons re 310 JOINT MOTION for Acquittal by Gerald G. Lundergan Or in the alternative MOTION for New Trial by Gerald G. Lundergan (True, J.) (Entered: 01/06/2020)
01/07/2020 *** FILE SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review: re 323 Reply to Response to Motion, filed as to Gerald G. Lundergan, Dale C. Emmons (JJ) (Entered: 01/07/2020)
01/09/2020 324 ORDER:granting 322 Motion for Leave to File Excess Pages as to Gerald G. Lundergan (1), Dale C. Emmons (2). Signed by Judge Gregory F. VanTatenhove on 1/9/20. (JLM)cc: COR (Entered: 01/09/2020)
01/15/2020 325 ORDER as to Gerald G. Lundergan: Clerk to file the character letter in the record. Signed by Judge Gregory F. VanTatenhove on 1/15/2020. (STC)cc: COR,USP (Entered: 01/15/2020)
01/15/2020 326 Character Letter from Thomas P. Porter (filed pursuant to Order DE 325 ). (JLM) (Entered: 01/16/2020)
02/07/2020 327 OBJECTION TO PRESENTENCE REPORT (True, J.) (Entered: 02/07/2020)
02/10/2020 *** FILE SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review: re 327 Objection to Presentence Report filed as to Gerald G. Lundergan (JJ) (Entered: 02/10/2020)
03/13/2020 332 GENERAL ORDER No. 20-02: 1. All courthouses in the district remain open for business. However, subject tothe specific exceptions outlined in paragraph 2 below, civil and criminal trials scheduled tobegin March 16, 2020, through April 17, 2020, before any district or magistrate judge in theEastern District of Kentucky, are CONTINUED FOR A MINIMUM PERIOD OFTHIRTY (30) DAYS, subject to further orders of the Court. Trials previously scheduledduring this period shall be rescheduled by separate order of the district or magistrate judgeassigned to the matter.All trials currently in progress shall be completed at the discretion of the presidingjudge.2. Criminal matters scheduled before magistrate judges, such as initialappearances, arraignments, detention hearings, and the issuance of warrants, shall continue totake place in the ordinary course of business. Likewise, hearings scheduled before districtjudges during the period identified in paragraph 1 shall proceed as scheduled, subject tointervening orders of the judge assigned to the matter.3. Any matter involving an attorney or party who is ill or in a high-risk categorymay be rescheduled by the presiding judge. However, counsel shall be responsible for advising- 3 -the presiding judge of such illness or high-risk by filing an appropriate notice or motioncontaining sufficient information to allow the presiding judge to make an informed decisionregarding any cancellation or continuance.4. Subject to intervening orders, Grand Juries shall continue to meet as currentlyscheduled.5. Regarding criminal trials set during the period identified in paragraph 1, basedon public health recommendations and the severity of risk posed to the public1 the time periodof the continuance caused by this General Order shall be excluded under the Speedy Trial Act,as the Court specifically finds that the ends of justice served by ordering the continuanceoutweigh the best interests of the public and the defendants right to a more speedy trial. 18U.S.C. § 3161(h)(7)(A). Subject to intervening orders, the period of exclusion shall be fromMarch 16, 2020 to April 17, 2020. The district judge assigned to the matter may extend thisperiod if circumstances warrant.The Court recognizes the right of criminal defendants to a speedy and public trial underthe Sixth Amendment to the United States Constitution, and the particular application of thatright in cases involving defendants who are detained pending trial. Therefore, in the event anyaffected party disagrees with the Courts analysis regarding the time excluded under theSpeedy Trial Act, he or she may move for reconsideration in the individual case. Likewise,the government may seek reconsideration. Any motion for reconsideration shall be directedto the district judge assigned to the matter.1 Interim Guidance for Businesses and Employers to Plan and Respond to CoronavirusDisease 2019 (COVID-19), February 2020, http://www.cdc.gov/coronavirus2019-ncov/specific-groups/guidance-business-response.html (last updated February 26, 2020).- 4 -6. As noted in paragraph 1 above, the office of the Clerk of the Court shall remainopen for business. Likewise, the United States Probation Office, and all other court servicesshall remain open, subject to intervening orders of the Court. The United States BankruptcyCourt for the Eastern District of Kentucky may impose such restrictions on hearings, meetings,and other matters as that court unit determines to be necessary and appropriate. Signed by Judge Danny C. Reeves on 3/13/20. (JLM)cc: COR,USM,USP (Entered: 04/09/2020)
03/16/2020 330 ORDER as to Gerald G. Lundergan, Dale C. Emmons: On the Court's own motion, it is hereby ORDERED that the Defendant's SENTENCING is CONTINUED until 4/29/2020 at 10:00 AM in FRANKFORT before Judge Gregory F. VanTatenhove. Signed by Judge Gregory F. VanTatenhove on 3/16/2020. (JJ)cc: COR,USM,USP,FC (Entered: 03/16/2020)
03/23/2020 331 GENERAL ORDER 20-03 - COURT OPERATIONS RELATED TO COVID-19: 1. General Order does not apply to ongoing trials; 2. Continuation civil & criminal trials per General Order 20-03 extended to civil & criminal trials set to begin 5/1/2020. 3. hearings in criminal cases through 5/1/2020, motion hearings, change of plea, & sentencings CONTINUED GENERALLY, subject to further orders. 4. Initial appearances & detention hearings proceed via remote attendance to extent possible; appearances by summons cont. after 5/1/20. 5. Except TROs, prel. inj., & emergency matters, in-person hrgs in civil cases through 5/1/2020 CONTINUED GENERALLY. Assigned judge may proceed by means not requiring personal appearance. 6. Absent exceptional circumstances, hrgs in emergency matters shall be conducted by means not requiring in-person attendance. 7. If a detention facility informs USM inmate is ill, inmate shall not be brought to Courthouse. 8. Naturalization ceremonies through 5/1/2020 are CONTINUED GENERALLY. 9. Settlement conferences through 5/1/2020 are CONTINUED GENERALLY. 10. Misd. & petty offense dockets through 5/1/2020 CONTINUED GENERALLY. 11. For complaints filed per False Claims Act, which remain under seal, US granted add'l 60 days to intervene or notify Court that it declines. 12. Courts remain open. Eff. 3/24/2020-5/1/2020 Courthouse open Mon-Fri 10 AM-2 PM. 13. Visitor restrictions apply & will be screened. 14. Gen. Order 20-02 remains in effect. 15. Court may issue further directives. Signed by Chief Judge Danny C. Reeves on 3/23/2020. (STC)cc: COR,USM,USP,Fkt (Entered: 03/23/2020)
04/15/2020 333 GENERAL ORDER 20-08 - COURT OPERATIONS RELATED TO COVID-19 as to Gerald C. Lundergan, Dale C. Emmons: 1. continuation of all civil and criminal trials in this judicial district extended through May 17, 2020. 2. FINDING time period excluded under STA. 3. subject to intervening orders, period of exclusion March 16, 2020 through 5/17/2020 and may be extended by presiding judge. 4. Except as amended by this order, all previous orders captioned In re: Court Operations Related to COVID-19 remain in effect. Signed by Judge Danny C. Reeves on 4/15/2020. (KM)cc: COR,USM,USP (Entered: 04/15/2020)
04/17/2020 334 ORDER as to Gerald G. Lundergan, Dale C. Emmons: It is ORDERED as follows: 1. A TELEPHONIC SCHEDULING CONFERENCE is set for 4/21/2020 at 11:00 AM in FRANKFORT before Judge Gregory F. Van Tatenhove; 2. To join the teleconference, the parties are DIRECTED to call AT&T Teleconferencing at 1-877-336-1280 and enter Access Code 2086161 (followed by #), and, whenrequested, enter the Security Code 09170 (followed by #).. Signed by Judge Gregory F. Van Tatenhove on 4/17/2020. (KM)cc: COR,USM,USP, Frankfort Clerk (Entered: 04/17/2020)
04/23/2020 335 MINUTE ENTRY for TELEPHONIC SCHEDULING CONFERENCE as to Gerald G. Lundergan, Dale C. Emmons held on 4/23/2020 before Judge Gregory F. VanTatenhove: J. Guthrie True, Marc Elias, Elizabeth Frost, Brandon Marshall, & Patrick Nash appeared as Retained counsel of record. The Court heard discussion of counsel regarding rescheduling the sentencing for both defendants that was continued generally by General Order 20-03. The Court also advised the parties of a newspaper article and discussed the history behind it. The matter of rescheduling was taken under advisement and a separate order shall issue. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR (Entered: 04/23/2020)
04/24/2020 336 ORDER as to Gerald G. Lundergan, Dale C. Emmons: SENTENCING is SET for 7/16/2020 at 10:00 AM in FRANKFORT before Judge Gregory F. VanTatenhove, counsel to appear 9:30 a.m.. Signed by Judge Gregory F. VanTatenhove on 4/24/2020. (JJ)cc: COR,USM,USP,FC (Entered: 04/24/2020)
07/08/2020 337 NOTICE OF FILING of Letters of Support for Defendant Lundergan (Attachments: # 1 Exhibit 1 - Angelucci, Dr. Steve, # 2 Exhibit 2 - Barnett, C. Wayne, # 3 Exhibit 3 - Bass, Richard H., # 4 Exhibit 4 - Beam, William F., # 5 Exhibit 5 - Brock Jr., Darrel D., # 6 Exhibit 6 - Calipari, John, # 7 Exhibit 7 - Carpenter, Sharon, # 8 Exhibit 8 - Cartmell, David W., # 9 Exhibit 9 - Case, Carly, # 10 Exhibit 10 - Case, David, # 11 Exhibit 11 - Case, Diana, # 12 Exhibit 12 - Castellanos, Dr. Alberto, # 13 Exhibit 13 - Chiles, Lawrence & Jane, # 14 Exhibit 14 - Clarke, J. Kirk, # 15 Exhibit 15 - Clinton, President Bill, # 16 Exhibit 16 - Coates, Amy Lundergan, # 17 Exhibit 17 - Coates, Taylor Codell, # 18 Exhibit 18 - Codell, James C., # 19 Exhibit 19 - Comley, Mark, # 20 Exhibit 20 - Connolly, Timothy George, # 21 Exhibit 21 - Cooke, Sommer C., # 22 Exhibit 22 - Courtney, Kathy, # 23 Exhibit 23 - Courtney, Tom, # 24 Exhibit 24 - Craft, Joseph W., # 25 Exhibit 25 - Crosbie, Scott A., # 26 Exhibit 26 - Cunningham, Justice Bill, # 27 Exhibit 27 - Deckard, James L., # 28 Exhibit 28 - Denham, Mike, # 29 Exhibit 29 - Dennis, J. Patrick, # 30 Exhibit 30 - Dennis, Lois Ann Lundergan, # 31 Exhibit 31 - Derrickson, Charles, # 32 Exhibit 32 - Dobson, Miles, # 33 Exhibit 33 - Dunn, Amanda, # 34 Exhibit 34 - Emmons, Dr. Stacey Lundergan, # 35 Exhibit 35 - Farmer, Council Member Bill, # 36 Exhibit 36 - Fischer, Rev. Norman, # 37 Exhibit 37 - Foster, J. Michael, # 38 Exhibit 38 - Fryman, Mike, # 39 Exhibit 39 - Gaines, Jerry (Peanuts), # 40 Exhibit 40 - Garrett, Major William, # 41 Exhibit 41 - Giffen, Duff, # 42 Exhibit 42 - Grimes, Dr. Allen E., # 43 Exhibit 43 - Grimes, Andrew, # 44 Exhibit 44 - Grimes, Nancy H., # 45 Exhibit 45 - Hacker, Ralph, # 46 Exhibit 46 - Harris, Holly, # 47 Exhibit 47 - Hetman, Tracy, # 48 Exhibit 48 - Honeycutt, Paul W., # 49 Exhibit 49 - Houlihan, Bobby, # 50 Exhibit 50 - Huff, Dr. Lori Lundergan, # 51 Exhibit 51 - Huffman, Stephen S., # 52 Exhibit 52 - Isaac, Mayor Teresa, # 53 Exhibit 53 - Jones, Roy Ann, # 54 Exhibit 54 - Jordan, Cynthia Harney, # 55 Exhibit 55 - Kenneally, Catherine, # 56 Exhibit 56 - Lawson, Ken, # 57 Exhibit 57 - Lundergan, Charlotte, # 58 Exhibit 58 - Manor, Bruce, # 59 Exhibit 59 - McAuliffe, Gov. Terence R., # 60 Exhibit 60 - McBrayer, W. Terry, # 61 Exhibit 61 - McGarvey, John T., # 62 Exhibit 62 - McNeil, Sallie & William, # 63 Exhibit 63 - Mongiardo, Dr. Daniel, # 64 Exhibit 64 - Moran, Ann, # 65 Exhibit 65 - Morgan, Ronald R., # 66 Exhibit 66 - Murphy, Tina, # 67 Exhibit 67 - Nash, James, # 68 Exhibit 68 - Nichols, David F., # 69 Exhibit 69 - Offutt, William N., # 70 Exhibit 70 - Paisley, Lewis, # 71 Exhibit 71 - Parrish, Leslie, # 72 Exhibit 72 - Porcelli, Lindsay, # 73 Exhibit 73 - Porter, Thomas P., # 74 Exhibit 74 - Prabell, Rev. Paul, # 75 Exhibit 75 - Ramsey, Ginny, # 76 Exhibit 76 - Ramsey, Kenneth, # 77 Exhibit 77 - Robertson, Stephen A., # 78 Exhibit 78 - Routt, Kimberly Lundergan, # 79 Exhibit 79 - Schuler, Phyllis W., # 80 Exhibit 80 - Spirito, Dr. M.A., # 81 Exhibit 81 - Spirito, Lavinia Theodoli, # 82 Exhibit 82 - Spurlin, James D., # 83 Exhibit 83 - Stokes, Thomas, # 84 Exhibit 84 - Stumbo, Gregory D., # 85 Exhibit 85 - Stumbo, Mary Karen, # 86 Exhibit 86 - Terry, Joseph, # 87 Exhibit 87 - Wagner, Joan C., # 88 Exhibit 88 - Weaver, Michael & Lois, # 89 Exhibit 89 - Young, Rev. Andrew L.)(True, J.) (Entered: 07/08/2020)
07/08/2020 338 ORDER as to Gerald G. Lundergan, Dale C. Emmons: The Court CONSTRUES the letter as a letter of support. The Clerk is DIRECTED to file the attached document in the record. Signed by Judge Gregory F. VanTatenhove on 7/8/2020. (JJ)cc: COR,USM,USP (Entered: 07/08/2020)
07/08/2020 339 Letter of Support from Mark S. Adams, MD as to Gerald G. Lundergan (1). Filed in the record per 388 Order. (JJ) (Entered: 07/08/2020)
07/09/2020 *** FILE SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review: re 337 Notice of Filing of Letters of Support for Defendant Lundergan filed as to Gerald G. Lundergan (JJ) (Entered: 07/09/2020)
07/09/2020 342 SEALED MOTION for leave to Seal a Document (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order) (True, J.) (Entered: 07/09/2020)
07/09/2020 343 SENTENCING MEMORANDUM by Gerald G. Lundergan (Attachments: # 1 Exhibit 1-Campaign Finance Cases, # 2 Exhibit 2-Campaign Finance Cases (Guilty), # 3 Exhibit 3-Sentence Comparison Graph, # 4 Exhibit 4-Dr. Elizabeth Piercy Letter, # 5 Exhibit 5-Dr. David Kodack Letter, # 6 Exhibit 6-Dr. Mark Adams Letter)(True, J.) (Entered: 07/09/2020)
07/09/2020 344 ORDER as to Gerald G. Lundergan and Dale C. Emmons: This matter is before the Court upon receipt of a letter dated July 8, 2020 from Mr. William Matthew Housh. Because of its content, the Court CONSTRUES the letter as a letter of support. The Clerk is DIRECTED to file the attached document in the record. Signed by Judge Gregory F. VanTatenhove on 07/09/2020. (MDC) cc: COR,USM,USP (Entered: 07/09/2020)
07/09/2020 345 Letter from William Matthew Housh. *FILED PER 344 ORDER. (MDC) (Entered: 07/09/2020)
07/09/2020 346 SENTENCING MEMORANDUM by USA as to Gerald G. Lundergan, Dale C. Emmons (Boone, Andrew) (Entered: 07/09/2020)
07/10/2020 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 342 SEALED MOTION for leave to Seal a Document filed as to Gerald G. Lundergan (JJ) (Entered: 07/10/2020)
07/10/2020 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 340 SEALED MOTION for leave to Seal a Document filed as to Dale C. Emmons, *** FILE SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review: re 346 Sentencing Memorandum, 343 Sentencing Memorandum, 341 Sealed Document, filed as to Gerald G. Lundergan, Dale C. Emmons (JJ) (Entered: 07/10/2020)
07/10/2020 348 MOTION for Order For Allowing Seating at Sentencing as to Gerald G. Lundergan. (Attachments: # 1 Proposed Order)Motions no longer referred. (True, J.) Modified text on 7/13/2020 (JJ). (Entered: 07/10/2020)
07/10/2020 349 MEMORANDUM OPINION AND ORDER as to Gerald G. Lundergan, Dale C. Emmons: The 310 JOINT MOTION for Acquittal Or in the alternative is DENIED. The defendant's MOTION for New Trial is also DENIED. Signed by Judge Gregory F. VanTatenhove on 7/10/2020. (JJ)cc: COR,USM,USP (Entered: 07/10/2020)
07/13/2020 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 348 MOTION for Order For Allowing Seating at Sentencing, 347 MOTION for Order Allowing for Seating at Sentencing Hearing filed as to Gerald G. Lundergan, Dale C. Emmons (JJ) (Entered: 07/13/2020)
07/13/2020 350 ORDER as to Gerald G. Lundergan, Dale C. Emmons : 1. Defendant Emmon's Motion for Seating at Sentencing [R. 347 ] is GRANTED; the Court will reserve four (4) seats for members of Mr. Emmons' family; 2. Defendant Lundergan's Motion for Seating at Sentencing [R. 348 ] is GRANTED; however, in order to allow some seating open to the general public, the Court can only reserve 12 seats for members of Mr. Lundergan's family; 3. Due to distancing requirements, each party shall designate no more than 2 attorneys to sit at counsel table. Mr. Lundergan and Mr. Emmons may also be seated at counsel table; 4. Any additional attorneys for any party will be seated by the Court Security Officers in designated seats away from counsel table but in front of the bar of the court; 5. Members of the Defendants' families, the press, and the general public will be escorted to their seats by Court Security Officers in order to ensure appropriate distancing; 6. Reserved seating will be available in the jury box for credentialed members of the media; 7. All persons present at the sentencing must wear a mask at all times, except when addressing the Court; 8. Should the courtroom reach maximum occupancy, an overflow room will be provided; and 9. Any person watching sentencing from the overflow room shall wear a mask at all times. Signed by Judge Gregory F. VanTatenhove on 7/13/2020. (JJ)cc: COR,USM,USP (Entered: 07/13/2020)
07/14/2020 351 SEALED MOTION for leave to Seal a Document (Attachments: # 1 Exhibit 1 - Letter, # 2 Proposed Order) (True, J.) (Entered: 07/14/2020)
07/14/2020 *** MOTION SUBMITTED TO CHAMBERS OF Judge Gregory F. Van Tatenhove to review re 351 SEALED MOTION for leave to Seal a Document filed as to Gerald G. Lundergan (JJ) (Entered: 07/14/2020)
07/15/2020 352 ORDER as to Gerald G. Lundergan: It is ORDERED that Defendant's 351 SEALED MOTION for leave to Seal a Document is GRANTED. The Clerk of Court is DIRECTED to file the letter UNDER SEAL. Signed by Judge Gregory F. Van Tatenhove on 7/15/2020. (KM)cc: COR,USM,USP (Entered: 07/15/2020)
07/15/2020 353 SEALED DOCUMENT filed in the record pursuant to 352 Order (KM) (Entered: 07/15/2020)
07/16/2020 354 Court Advice Re: Appeal by Gerald G. Lundergan (STC) (Entered: 07/17/2020)
07/16/2020 356 MINUTE ENTRY FOR SENTENCING as to Gerald G. Lundergan (1) held on 7/16/2020 before Judge Gregory F. VanTatenhove: J. Guthrie True; Whitney True Lawson appeared as RETAINED counsel of record. USPO Alan Hammond recognized for questions. 342 SEALED MOTION for leave to Seal a Document filed by Gerald G. Lundergan is GRANTED. US shall file within 10 days, a motion requesting leave to admit Exhibit 73E as a trial exhibit. Dft shall have 10 days after filing of motion, to submit response. Objections to PSR RESOLVED, GRANTED IN PART, AND OVERRULED for reasons stated on record. Court adopts PSR. Court FINDS recommended sentence correctly calculated. PSR filed under seal. Transcript deemed as written findings. Court's Advice of Rt Appeal provided to dft. Dft released consistent with terms of Judgment. (Court Reporter Sandy Wilder.) Signed by Judge Gregory F. VanTatenhove. (GLD)cc: COR,USM,USP (Entered: 07/17/2020)

Outcome: Defendant was sentenced to 21 months in prison followed by two years of supervised release for his role in orchestrating a multi-year scheme to funnel more than $200,000 in secret, unlawful corporate contributions into a campaign for United States Senate and for causing the concealment of those contributions from the Federal Election Commission (FEC).

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