USA V Alber Diaz MD Docket

This is the complete trial docket. (Case on Appeal)

Date Filed # Docket Text
10/18/2017 1 REDACTED INDICTMENT as to Albert Diaz, MD (1) count(s) 1, 2-5, 6, 7-10, 11, 12-16. (Attachments: # 1 Criminal Cover Sheet) (CS) (Entered: 10/19/2017)
10/18/2017 2 NOTICE OF JUDICIAL ASSIGNMENT by USA as to Albert Diaz, MD. (CS) (Entered: 10/19/2017)
10/18/2017 3 *RESTRICTED* DOCUMENT (Unredacted Indictment) as to Albert Diaz, MD. (Attachments: # 1 Criminal Cover Sheet) (CS) (Entered: 10/19/2017)
10/18/2017 4 Praecipe for Summons by USA as to Albert Diaz, MD. (CS) (Entered: 10/19/2017)
10/20/2017 Reset Hearings as to Albert Diaz, MD: Due to a scheduling conflict with counsel for the defendant, the Initial Appearance and Arraignment are RESET for 11/1/2017 at 10:30 AM in Courtroom 683 (Gulfport) before Magistrate Judge John C. Gargiulo. (AB) (Entered: 10/20/2017)
11/01/2017 6 NOTICE OF ATTORNEY APPEARANCE: John M. Colette appearing for Albert Diaz, MD (Colette, John) (Entered: 11/01/2017)
11/01/2017 Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Initial Appearance and Arraignment as to Albert Diaz M.D. (1) Count 1,2-5,6,7-10,11,12-16 held on 11/1/2017. Defendant was sworn, advised of his rights and the charges and penalties pending. Defendant appeared with retained counsel (John Collette) and executed a Waiver of Court Appointed Counsel. Defendant waived the reading of the Indictment and entered a plea of Not Guilty. The trial order was read, acknowledged and signed. There were no objections to the standard discovery order, which was acknowledged and signed. Government is not seeking detention. Bond was set at $25,000.00 unsecured and the Court entered an Order Setting Conditions of Release. Defendant ordered released after processing. APPEARANCES: Mary Helen Wall (AUSA); John Collette (Retained Counsel); Sandra Doll (USPO); and Ricky Dedeaux (CSO). Tape Number: 11/1/2017. (AB) (Entered: 11/01/2017)
11/01/2017 7 WAIVER OF COURT APPOINTED COUNSEL by Albert Diaz, MD. (AB) (Entered: 11/01/2017)
11/01/2017 8 TRIAL ORDER as to Albert Diaz, MD: Jury Trial set for a criminal calendar commencing on 12/18/2017 at 9:00 AM in Courtroom 1 (Hattiesburg) before District Judge Keith Starrett. Pretrial Conference set for 12/7/2017 at 9:00 AM in Courtroom 1 (Hattiesburg) before District Judge Keith Starrett. Motion Dispositive Deadline due by 12/7/2017. Motion N-Dispositive Deadline due by 11/27/2017. Instruction/Exhibit/Witness List due by 12/11/2017. Plea Agreement due by 11/29/2017. Signed by Magistrate Judge John C. Gargiulo on 11/1/2017 (AB) (Entered: 11/01/2017)
11/01/2017 9 ORDER Regarding Discovery as to Albert Diaz, MD. Signed by Magistrate Judge John C. Gargiulo on 11/1/2017 (AB) (Entered: 11/01/2017)
11/01/2017 10 Unsecured Appearance Bond Entered as to Albert Diaz, MD in the amount of $25,000.00. (AB) (Entered: 11/01/2017)
11/01/2017 11 ORDER Setting Conditions of Release as to Albert Diaz M.D. (1) Unsecured Appearance Bond $25,000.00. Signed by Magistrate Judge John C. Gargiulo on 11/1/2017 (AB) (Entered: 11/01/2017)
11/01/2017 12 NOTICE OF ATTORNEY APPEARANCE: Sherwood A. Colette appearing for Albert Diaz, MD (Colette, Sherwood) (Entered: 11/01/2017)
11/01/2017 17  Digital Audio File regarding Initial Appearance and Arraignment held on 11/1/2017 before Magistrate Judge John C. Gargiulo. AUDIO FILE size(8.0 MB). (AB) (Entered: 11/02/2017)
11/02/2017 13 NOTICE OF ATTORNEY APPEARANCE Jared L. Hasten-Federal Gov appearing for USA. (Hasten-Federal Gov, Jared) (Entered: 11/02/2017)
11/02/2017 14 NOTICE OF ATTORNEY APPEARANCE Katherine Payerle-Federal Gov appearing for USA. (Payerle-Federal Gov, Katherine) (Entered: 11/02/2017)
11/02/2017 15 NOTICE OF ATTORNEY APPEARANCE Dustin M. Davis-Federal Gov appearing for USA. (Davis-Federal Gov, Dustin) (Entered: 11/02/2017)
11/02/2017 16 NOTICE OF ASSIGNMENT OF PROBATION Officer Doug Petersen as to Albert Diaz, MD. (CS) (Entered: 11/02/2017)
11/17/2017 18 NOTICE OF ATTORNEY APPEARANCE: James B. Tucker appearing for Albert Diaz, MD (Tucker, James) (Entered: 11/17/2017)
11/17/2017 19 NOTICE OF ATTORNEY APPEARANCE: Amanda B. Barbour appearing for Albert Diaz, MD (Barbour, Amanda) (Entered: 11/17/2017)
11/20/2017 20 MOTION to Continue by John M. Colette as to Albert Diaz, MD (Colette, John) (Entered: 11/20/2017)
11/22/2017 21 ORDER granting 20 Motion to Continue as to Albert Diaz M.D. (1). The trial of this matter is continued and reset for the term of Court which begins February 12, 2018. Signed by District Judge Keith Starrett on 11/22/2017 (dtj) (Entered: 11/22/2017)
11/22/2017 Reset Hearings as to Albert Diaz, MD: Jury Trial reset for the term of Court which begins 2/12/2018 in Courtroom 1 (Hattiesburg) Starrett before District Judge Keith Starrett (dtj) (Entered: 11/22/2017)
11/22/2017 22 AMENDED TRIAL ORDER as to Albert Diaz, MD: Jury Trial set for a criminal calendar commencing on 2/12/2018 at 9:00 AM in Courtroom 1 (Hattiesburg) before District Judge Keith Starrett. Pretrial Conference set for 2/1/2018 at 9:00 AM in Courtroom 1 (Hattiesburg) before District Judge Keith Starrett. Motion Dispositive Deadline due by 2/1/2018. Motion N-Dispositive Deadline due by 1/22/2018. Instruction/Exhibit/Witness List due by 2/5/2018. Plea Agreement due by 1/24/2018. Signed by Magistrate Judge John C. Gargiulo on 11/22/2017 (AB) (Entered: 11/22/2017)
01/18/2018 23 MOTION for Discovery by John M. Colette as to Albert Diaz, MD (Colette, John) (Entered: 01/18/2018)
01/18/2018 24 MOTION to Continue by John M. Colette as to Albert Diaz, MD (Colette, John) (Entered: 01/18/2018)
01/18/2018 Set Telephone Conference as to Albert Diaz, MD: Telephone Conference set for 1/18/2018, 11:00 AM before District Judge Keith Starrett. Parties are instructed to dial 877-336-1828 and enter passcode 940-8529 to join the call. (dtj) (Entered: 01/18/2018)
01/18/2018 Minute Entry for proceedings held before District Judge Keith Starrett: Telephone Conference as to Albert Diaz, MD held on 1/18/2018, on Motion of Defendant for Continuance 24 . By agreement of the parties the trial of this matter is reset to begin February 26, 2018 at 9:00 a.m. in Hattiesburg, Mississippi. February 23, 2018, is the date agreed upon by the parties and set by the Court for any dispositive motions to be heard. (dtj) (Entered: 01/18/2018)
01/18/2018 TEXT ORDER granting 24 Motion to Continue as to Albert Diaz M.D. (1). By agreement of the parties the trial of this matter is continued and reset to begin February 26, 2018, at 9:00 a.m. in Hattiesburg, Mississippi. Any pending dispositive motions will be heard on February 23, 2018 in Courtroom 1 in Hattiesubrg beginning at 9:30 a.m. Signed by District Judge Keith Starrett on 1/18/2018 (dtj) (Entered: 01/18/2018)
01/18/2018 Set/Reset Hearings as to Albert Diaz, MD: Motions Hearing set for 1/23/2018, 09:30 AM in Courtroom 1 (Hattiesburg) Starrett before District Judge Keith Starrett. Jury Trial set for 2/26/2018, 09:00 AM in Courtroom 1 (Hattiesburg) Starrett before District Judge Keith Starrett (dtj) (Entered: 01/18/2018)
01/18/2018 Set Hearings as to Albert Diaz, MD: PLEASE NOTE:THERE WAS A TYPOGRAPHICAL ERROR IN THE DATE OF THE HEARING IN THE PREVIOUS ENTRY. Motions Hearing set for 2/23/2018, 09:30 AM in Courtroom 1 (Hattiesburg) Starrett before District Judge Keith Starrett (dtj) (Entered: 01/18/2018)
01/24/2018 25 MOTION in Limine Omnibus by Jared L. Hasten-Federal Gov as to Albert Diaz, MD (Hasten-Federal Gov, Jared) (Entered: 01/24/2018)
01/24/2018 26 MEMORANDUM IN SUPPORT re 25 MOTION in Limine Omnibus (Hasten-Federal Gov, Jared) (Entered: 01/24/2018)
01/24/2018 27 MOTION in Limine to Exclude Nullification Argument by Jared L. Hasten-Federal Gov as to Albert Diaz, MD (Hasten-Federal Gov, Jared) (Entered: 01/24/2018)
01/24/2018 28 MEMORANDUM IN SUPPORT re 27 MOTION in Limine to Exclude Nullification Argument (Hasten-Federal Gov, Jared) (Entered: 01/24/2018)
01/24/2018 29 MOTION in Limine to Admit Proffer Statements by Jared L. Hasten-Federal Gov as to Albert Diaz, MD (Hasten-Federal Gov, Jared) (Entered: 01/24/2018)
01/24/2018 30 MEMORANDUM IN SUPPORT re 29 MOTION in Limine to Admit Proffer Statements (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Hasten-Federal Gov, Jared) (Entered: 01/24/2018)
02/01/2018 31 MOTION to Dismiss or Alternatively, to Suppress Evidence by James B. Tucker as to Albert Diaz, MD (Tucker, James) (Entered: 02/01/2018)
02/02/2018 32 MOTION to Change Venue by John M. Colette as to Albert Diaz, MD (Colette, John) (Entered: 02/02/2018)
02/02/2018 33 First MOTION for Discovery by John M. Colette as to Albert Diaz, MD (Colette, John) (Entered: 02/02/2018)
02/02/2018 34 Second MOTION for Discovery by John M. Colette as to Albert Diaz, MD (Colette, John) (Entered: 02/02/2018)
02/02/2018 Set Telephone Conference as to Albert Diaz, MD: Telephone Conference set for 2/5/2018, 10:00 AM before District Judge Keith Starrett. Parties are instructed to dial 877-336-1828 and enter passcode 940-8529 to join the call. (dtj) (Entered: 02/02/2018)
02/05/2018 Minute Entry for proceedings held before District Judge Keith Starrett:Telephone Conference as to Albert Diaz, MD held on 2/5/2018. Participating on behalf of the Government, Mary Helen Wall, Katherine Payerle and Jared Hasten. Participating on behalf of Defendant, John Colette, James Tucker and Amanda Barbour. Court Reporter Fred Jeske, Telephone Number : 601-255-6432. (dtj) (Entered: 02/05/2018)
02/05/2018 TEXT ORDER ONLY as to Albert Diaz, MD. Responses to 31 Motion to Dismiss or Alternatively Suppress Evidence and 32 Motion to Change Venue are due no later than 2/8/2018, with Replies due within 5 days. Signed by District Judge Keith Starrett on 2/5/2018 (dtj) (Entered: 02/05/2018)
02/06/2018 35 RESPONSE in Opposition by USA as to Albert Diaz, MD re 31 MOTION to Dismiss or Alternatively, to Suppress Evidence (Hasten-Federal Gov, Jared) (Entered: 02/06/2018)
02/07/2018 TEXT ONLY ORDER granting Defendant Albert Diaz, M.D.’s Motion for Discovery 23 as unopposed pursuant to Local Uniform Criminal Rule 47(C)(1). USA did not respond to the Motion or provide notice of its intent not to respond within the time allotted. On or before 2/14/2018, USA is compelled to provide the discovery sought in Motion for Discovery 23 . NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 2/7/2018 (HM) (Entered: 02/07/2018)
02/07/2018 TEXT ONLY ORDER requiring expedited briefing on Defendant Albert Diaz, M.D.’s 33 First Motion for Supplemental Discovery and 34 Second Motion for Supplemental Discovery. USA’s responses to these Motions are due 2/9/2018, with replies due within three days. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 2/7/2018 (HM) (Entered: 02/07/2018)
02/07/2018 36 NOTICE OF ATTORNEY APPEARANCE Amanda Wick-Federal Gov appearing for USA. (Wick-Federal Gov, Amanda) (Entered: 02/07/2018)
02/07/2018 37 MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Discovery by Mary Helen Wall-Federal Gov as to Albert Diaz, MD (Attachments: # 1 Exhibit A)(Wall-Federal Gov, Mary) (Entered: 02/07/2018)
02/08/2018 TEXT ONLY ORDER requiring Defendant Albert Diaz, M.D. to file an expedited response to USA’s Motion for Leave to File Out of Time Response 37 . Defendant’s response is due 2/12/2018, with a reply due 2/14/2018. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 2/8/2018 (HM) (Entered: 02/08/2018)
02/08/2018 38 Response by USA as to Albert Diaz, MD re 32 MOTION to Change Venue (Wall-Federal Gov, Mary) (Entered: 02/08/2018)
02/09/2018 39 Response by USA as to Albert Diaz, MD re 34 Second MOTION for Discovery (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Payerle-Federal Gov, Katherine) (Entered: 02/09/2018)
02/09/2018 40 Response by USA as to Albert Diaz, MD re 33 First MOTION for Discovery (Payerle-Federal Gov, Katherine) (Entered: 02/09/2018)
02/12/2018 41 REPLY TO RESPONSE to Motion by Albert Diaz, MD re 34 Second MOTION for Discovery (Colette, John) (Entered: 02/12/2018)
02/12/2018 42 RESPONSE to Motion by Albert Diaz, MD re 37 MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Discovery (Colette, John) (Entered: 02/12/2018)
02/12/2018 43 REPLY TO RESPONSE to Motion by Albert Diaz, MD re 32 MOTION to Change Venue (Colette, John) (Entered: 02/12/2018)
02/12/2018 44 RESPONSE to Motion by Albert Diaz, MD re 25 MOTION in Limine Omnibus (Tucker, James) (Entered: 02/12/2018)
02/12/2018 45 RESPONSE to Motion by Albert Diaz, MD re 27 MOTION in Limine to Exclude Nullification Argument (Tucker, James) (Entered: 02/12/2018)
02/12/2018 46 RESPONSE to Motion by Albert Diaz, MD re 29 MOTION in Limine to Admit Proffer Statements (Tucker, James) (Entered: 02/12/2018)
02/12/2018 47 REPLY TO RESPONSE to Motion by Albert Diaz, MD re 31 MOTION to Dismiss or Alternatively, to Suppress Evidence (Attachments: # 1 Exhibit A – Being Filed Under Seal, # 2 Exhibit B – WSJ Article)(Tucker, James) (Entered: 02/12/2018)
02/12/2018 48 MOTION to Seal Exhibit A to REPLY TO RESPONSE to Motion by Albert Diaz, MD re 31 MOTION to Dismiss or Alternatively, to Suppress Evidence by James B. Tucker as to Albert Diaz, MD (Tucker, James) (Entered: 02/12/2018)
02/13/2018 49 REPLY TO RESPONSE to Motion by USA as to Albert Diaz, MD re 37 MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Discovery (Payerle-Federal Gov, Katherine) (Entered: 02/13/2018)
02/13/2018 50 REPLY TO RESPONSE to Motion by Albert Diaz, MD re 33 First MOTION for Discovery (Tucker, James) (Entered: 02/13/2018)
02/14/2018 51 ORDER granting 48 Motion to Seal as to Albert Diaz M.D. (1). Signed by District Judge Keith Starrett on 2/14/18. (cb) (Entered: 02/14/2018)
02/15/2018 52 RESPONSE in Opposition by USA as to Albert Diaz, MD re 33 First MOTION for Discovery Supplemental Memorandum (Payerle-Federal Gov, Katherine) (Entered: 02/15/2018)
02/16/2018 53 NOTICE OF CONVENTIONAL FILING as to Albert Diaz, MD. (CS) (Entered: 02/16/2018)
02/16/2018 54 Sealed Document RE: 53 Notice of Conventional Filing, 47 Reply to Response, 51 Order on Motion to Seal. (CS) (Entered: 02/16/2018)
02/19/2018 55 MOTION for Hearing (Evidentiary) by James B. Tucker as to Albert Diaz, MD (Tucker, James) (Entered: 02/19/2018)
02/19/2018 56 Memorandum in Opposition to Motion by USA as to Albert Diaz, MD re 55 MOTION for Hearing (Evidentiary) (Hasten-Federal Gov, Jared) (Entered: 02/19/2018)
02/20/2018 Set Hearings as to Albert Diaz, MD: Telephone Conference set for 2/20/2018, 03:30 PM before District Judge Keith Starrett. Parties are instructed to dial 877-336-1828 and enter passcode 940-8529 to join the call. (dtj) (Entered: 02/20/2018)
02/20/2018 Minute Entry for proceedings held before District Judge Keith Starrett:Telephone Conference as to Albert Diaz, MD held on 2/20/2018. Participating for the Government, Mary Helen Wall, Jared Hasten, and Kate Payerle. Participating for the Defense, James Tucker and John Colette. Court Reporter Fred Jeske, Telephone Number : 601-255-6432. (dtj) (Entered: 02/20/2018)
02/20/2018 57 ORDER granting 27 Motion in Limine as to Albert Diaz M.D. (1). The Court grants the motion as unopposed. Signed by District Judge Keith Starrett on 2/20/18. (cb) (Entered: 02/20/2018)
02/20/2018 58 REPLY TO RESPONSE to Motion by Albert Diaz, MD re 55 MOTION for Hearing (Evidentiary) (Tucker, James) (Entered: 02/20/2018)
02/21/2018 59 ORDER granting in part, denying in part, and finding moot in part 34 Defendant’s Second Motion for Discovery as to Albert Diaz M.D. (1). Signed by Magistrate Judge John C. Gargiulo on 2/21/2018 (HM) (Entered: 02/21/2018)
02/21/2018 60 ORDER denying 31 Motion to Dismiss as to Albert Diaz M.D. (1); denying 55 Motion for Hearing as to Albert Diaz M.D. (1). The Court denies Defendant’s Motion for an Evidentiary Hearing 55 and denies Defendant’s Motion to Dismiss or Suppress Evidence 31 . Signed by District Judge Keith Starrett on 2/21/18. (cb) (Entered: 02/21/2018)
02/21/2018 61 MOTION for Extension of Time to File Exhibit List and Jury Instructions by John M. Colette as to Albert Diaz, MD (Colette, John) (Entered: 02/21/2018)
02/21/2018 TEXT ONLY ORDER finding moot 33 Defendant’s First Motion for Supplemental Discovery. Defendant’s Motion was “premised on the pending motion to dismiss, or alternatively, to suppress,” which was denied this date. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 2/21/2018 (HM) (Entered: 02/21/2018)
02/22/2018 TEXT ORDER granting in part 61 Motion for Extension of Time to File as to Albert Diaz M.D. (1). The witness and exhibit lists are due by 2:00 p.m. today, February 22, 2018, and the proposed jury instructions are due by 2:00 p.m. tomorrow, February 23, 2018. No further order will issue. Signed by District Judge Keith Starrett on 2/22/18 (cb) (Entered: 02/22/2018)
02/22/2018 62 MOTION in Limine by John M. Colette as to Albert Diaz, MD (Colette, John) (Entered: 02/22/2018)
02/22/2018 63 ORDER granting in part and denying in part 25 Motion in Limine as to Albert Diaz M.D. (1). Signed by District Judge Keith Starrett on 2/22/18. (cb) (Entered: 02/22/2018)
02/22/2018 64 ORDER denying Defendant Albert Diaz’s 32 Motion to Transfer Venue to the Southern Division. Signed by Magistrate Judge John C. Gargiulo on 2/22/2018 (MG) (Entered: 02/22/2018)
02/22/2018 65 ORDER denying 37 Government’s Motion for Leave to File Out of Time Its Response to Defendant’s Discovery Motion. Signed by Magistrate Judge John C. Gargiulo on 2/22/2018 (HM) (Entered: 02/22/2018)
02/22/2018 66 MOTION to Dismiss the Notice of Intent to Seek Criminal Forfeiture by James B. Tucker as to Albert Diaz, MD (Tucker, James) (Entered: 02/22/2018)
02/22/2018 67 MOTION for Reconsideration re 60 Order on Motion to Dismiss,, Order on Motion for Hearing, by James B. Tucker as to Albert Diaz, MD (Tucker, James) (Entered: 02/22/2018)
02/22/2018 68 Memorandum in Opposition to Motion by USA as to Albert Diaz, MD re 67 MOTION for Reconsideration re 60 Order on Motion to Dismiss,, Order on Motion for Hearing, (Hasten-Federal Gov, Jared) (Entered: 02/22/2018)
02/23/2018 69 MOTION to Exclude Expert Testimony of Captain Edward C. Norton, Jr. by Amanda B. Barbour as to Albert Diaz, MD (Attachments: # 1 Exhibit A – Brand Memorandum, # 2 Exhibit B – AG 11-16-17 Memorandum)(Barbour, Amanda) (Entered: 02/23/2018)
02/23/2018 70 ORDER granting in part 29 Motion in Limine as to Albert Diaz M.D. (1); granting as unopposed 62 Motion in Limine as to Albert Diaz M.D. (1); granting in part as unopposed 66 Motion to Dismiss as to Albert Diaz M.D. (1); denying 67 Motion for Reconsideration as to Albert Diaz M.D. (1); and denying Defendant’s ore tenus Motion to Continue the trial. Signed by District Judge Keith Starrett on 2/23/18. (cb) (Entered: 02/23/2018)
02/23/2018 Minute Entry for proceedings held before District Judge Keith Starrett:Motions Hearing as to Albert Diaz, MD held on 2/23/2018. Trial is set to begin Monday, February 26, 2018. Court Reporter Fred Jeske, Telephone Number : 601-255-6432. (dtj) (Entered: 02/23/2018)
02/23/2018 71 EXHIBIT LIST to hearing held 2/23/2018 as to Albert Diaz, MD (dtj) (Entered: 02/23/2018)
02/23/2018 72 EXHIBITS to Hearing held 2/23/2018 as to Albert Diaz, MD (Attachments: # 1 Exhibit D-1, # 2 Exhibit D-2, # 3 Exhibit D-3, # 4 Exhibit D-4)(dtj) (Entered: 02/23/2018)
02/25/2018 73 NOTICE re Defendant’s Statements by USA as to Albert Diaz, MD (Payerle-Federal Gov, Katherine) (Entered: 02/25/2018)
02/26/2018 74 Memorandum in Opposition to Motion by USA as to Albert Diaz, MD re 69 MOTION to Exclude Expert Testimony of Captain Edward C. Norton, Jr. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Hasten-Federal Gov, Jared) (Entered: 02/26/2018)
02/26/2018 75 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice Attorney: Jonathan T. Skrmetti. (Paid $100 PHV fee; receipt number 0538-3646099)by Amanda B. Barbour as to Albert Diaz, MD (Attachments: # 1 Exhibit A – Certificate of Good Standing)(Barbour, Amanda) (Entered: 02/26/2018)
02/26/2018 TEXT ONLY ORDER granting 75 Motion for Leave to Appear Pro Hac Vice. Jonathan T. Skrmetti is hereby admitted pro hac vice. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on February 26, 2018 (KPM) (Entered: 02/26/2018)
02/26/2018 Attorney update in case as to Albert Diaz, MD. Attorney Jonathan T. Skrmetti – PHV for Albert Diaz, MD added. (CS) (Entered: 02/26/2018)
02/26/2018 Minute Entry for proceedings held before District Judge Keith Starrett:Jury Trial began as to Albert Diaz, MD on 2/26/2018. Jury selected, opening statements, witness testified and evidence entered. Trial not completed. Trial will continue on 2/27/18 at 8:30 a.m. Court Reporter Fred Jeske, Telephone Number : 601-255-6432. (dtj) (Entered: 02/26/2018)
02/27/2018 Minute Entry for proceedings held before District Judge Keith Starrett:Jury Trial as to Albert Diaz, MD continued on 2/27/2018. Witnesses testified, evidence entered. Trial not completed. Trial will continue 2/28/2018 at 8:30 a.m. Court Reporter Fred Jeske, Telephone Number : 601-255-6432. (dtj) (Entered: 02/27/2018)
02/28/2018 Minute Entry for proceedings held before District Judge Keith Starrett:Jury Trial as to Albert Diaz, MD continued on 2/28/2018. Witnesses testified and exhibits entered. Trial not completed. Trial will continue on 3/1/2018 at 8:30 a.m. Court Reporter Fred Jeske, Telephone Number : 601-255-6432. (dtj) (Entered: 02/28/2018)
03/01/2018 Minute Entry for proceedings held before District Judge Keith Starrett:Jury Trial continued as to Albert Diaz, MD on 3/1/2018. Witnesses testified and evidence entered. Both sides rested. Trial will continue 3/2/18 at 9:30 a.m. Court Reporter Fred Jeske, Telephone Number : 601-255-6432. (dtj) (Entered: 03/01/2018)
03/02/2018 76 JURY MEAL ORDER as to Albert Diaz, MD. Signed by District Judge Keith Starrett on 3/2/2018. (CS) (Entered: 03/02/2018)
03/02/2018 Minute Entry for proceedings held before District Judge Keith Starrett:Jury Trial as to Albert Diaz, MD completed on 3/2/2018. Witnesses testified, exhibits entered, closing arguments, jury deliberations. The jury found the defendant Guilty to all counts, 1-16. Court Reporter Fred Jeske, Telephone Number : 601-255-6432. (dtj) (Entered: 03/05/2018)
03/02/2018 Set Hearings as to Albert Diaz, MD: Sentencing set for 5/22/2018, 09:30 AM in Courtroom 1 (Hattiesburg) Starrett before District Judge Keith Starrett (dtj) (Entered: 03/05/2018)
03/02/2018 77 *RESTRICTED* JURY VERDICT (UN-REDACTED) as to Albert Diaz M.D. (1) Guilty on Count 1,2-5,6,7-10,11,12-16. (dtj) (Entered: 03/05/2018)
03/02/2018 78 JURY VERDICT (REDACTED) as to Albert Diaz M.D. (1) Guilty on Count 1,2-5,6,7-10,11,12-16. (dtj) (Entered: 03/05/2018)
03/06/2018 79 MOTION for Bond Pending Sentencing by John M. Colette as to Albert Diaz, MD (Colette, John) (Entered: 03/06/2018)
03/06/2018 DOCKET ANNOTATION as to 77 , 78 . Documents replaced to include “Filed” stamp of March 2, 2018. (dtj) (Entered: 03/06/2018)
03/06/2018 TEXT ONLY ORDER requiring expedited briefing on Defendant Albert Diaz’s Motion for Bail Pending Sentencing 79 . The United States of America must file a response to Defendant’s Motion for Bail on or before March 9, 2018. Defendant must file a reply on or before March 12, 2018. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 3/6/2018 (HM) (Entered: 03/06/2018)
03/06/2018 81 GOVERNMENT EXHIBIT LIST to Trial Held February 26 – March 2, 2018 as to Albert Diaz, MD (dtj) (Entered: 03/06/2018)
03/06/2018 83 DEFENSE EXHIBIT LIST to Trial Held February 26 – March 2, 2018 as to Albert Diaz, MD (dtj) (Entered: 03/06/2018)
03/06/2018 NOTICE OF HEARING ON MOTION in case as to Albert Diaz, MD 79 MOTION for Bond Pending Sentencing : Motion Hearing set for 3/13/2018 at 10:00 AM in Courtroom 683 (Gulfport) before Magistrate Judge John C. Gargiulo. (AB) (Entered: 03/06/2018)
03/06/2018 89 COURT EXHIBIT LIST to trial held February 26 – March 2, 2018 as to Albert Diaz, MD (dtj) (Entered: 03/14/2018)
03/09/2018 84 Memorandum in Opposition to Motion by USA as to Albert Diaz, MD re 79 MOTION for Bond Pending Sentencing (Attachments: # 1 Exhibit, # 2 Exhibit)(Hasten-Federal Gov, Jared) (Entered: 03/09/2018)
03/12/2018 DOCKET ANNOTATION as to 84 : Exhibits not properly identified. U.L.Cr.R.47(B) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (LDR) (Entered: 03/12/2018)
03/12/2018 85 REPLY TO RESPONSE to Motion by Albert Diaz, MD re 79 MOTION for Bond Pending Sentencing (Attachments: # 1 Exhibit A – Sun Herald Article)(Tucker, James) (Entered: 03/12/2018)
03/13/2018 Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Motion Hearing as to Albert Diaz, MD held on 3/13/2018 re 79 MOTION for Bond Pending Sentencing filed by Albert Diaz, M.D. Defendant appeared with his retained counsel, John M. Colette, James B. Tucker and Sherwood A. Colette. Defense Counsel presented argument and called Billy W. Cruthirds, Father Ryan Michael McCoy, Dr. Michael Diaz and Marilyn Seymour who were each placed under oath and testified. The Court heard argument. The Court took the matter under advisement. APPEARANCES: Mary Helen Wall, Dustin M. Davis, Jared L. Hasten, Katherine Payerle (AUSAs); John M. Colette, James B. Tucker and Sherwood A. Colette (Retained Counsel); Kevin Hayward (USPO); Scott Dial, Ivy Jenkins, Jeremy Stilwell, Matthew Issman and Bobby Grice (DUSMs); Ricky Dedeaux and Charles Bodie (CSOs). Court Reporter/Transcriber Teri Norton, Telephone Number : 228-563-1748. (AB) (Entered: 03/13/2018)
03/13/2018 86 ORDER denying 79 Motion for Bail Pending Sentencing as to Albert Diaz M.D. (1). Signed by Magistrate Judge John C. Gargiulo on 3/13/2018 (HM) (Entered: 03/13/2018)
03/15/2018 90 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of BOND HEARING as to Albert Diaz, MD held on 3/13/2018 before Judge John Gargiulo. Court Reporter/Transcriber Teri Norton, Telephone Number : 228-563-1748. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/5/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/13/2018. (TN) (Entered: 03/15/2018)
03/15/2018 92 MOTION for Extension of Time to File Motion for New Trial by John M. Colette as to Albert Diaz, MD (Colette, John) (Entered: 03/15/2018)
03/16/2018 93 ORDER granting 92 Motion for Extension of Time to File Motion for New Trial as to Albert Diaz M.D. (1). The deadline for filing the motion for new trial on any basis other than newly discovered evidence is extended to March 20, 2018. Signed by District Judge Keith Starrett on 3/16/2018 (dtj) (Entered: 03/16/2018)
03/19/2018 94 NOTICE OF ASSIGNMENT OF PROBATION Officer Robert Walters as to Albert Diaz, MD. (CS) (Entered: 03/19/2018)
03/20/2018 95 **DOCUMENT STRICKEN FROM THE RECORD PURSUANT TO 96 ORDER** MOTION for New Trial by James B. Tucker as to Albert Diaz, MD (Tucker, James) Modified on 3/22/2018 (LDR). (Entered: 03/20/2018)
03/21/2018 96 ORDER as to Albert Diaz, MD re 95 MOTION for New Trial filed by Albert Diaz, M.D.. Defendant’s Motion for New Trial 95 is stricken from the record. Defendant may file another, complete motion for new trial on or before April 5, 2018.. Signed by District Judge Keith Starrett on 2:17cr31 (cb) (Entered: 03/21/2018)
03/22/2018 Reset Hearings as to Albert Diaz, MD: PLEASE NOTE CHANGE OF DATE AND TIME OF HEARING. Sentencing reset for 5/21/2018, 01:30 PM in Courtroom 1 (Hattiesburg) Starrett before District Judge Keith Starrett (dtj) (Entered: 03/22/2018)
03/23/2018 97 MOTION to Amend/Correct 86 Order on Motion for Bond by John M. Colette as to Albert Diaz, MD (Colette, John) (Entered: 03/23/2018)
03/26/2018 98 ORDER as to Albert Diaz, MD re 97 MOTION to Amend/Correct 86 Order on Motion for Bond filed by Albert Diaz, M.D.. The Government shall respond to Defendant’s motion on or before April 3, 2018, and Defendant may reply on or before April 9, 2018. Signed by District Judge Keith Starrett on 3/26/18. (cb) (Entered: 03/26/2018)
04/03/2018 99 Memorandum in Opposition to Motion by USA as to Albert Diaz, MD re 97 MOTION to Amend/Correct 86 Order on Motion for Bond (Hasten-Federal Gov, Jared) (Entered: 04/03/2018)
04/05/2018 100 MOTION for New Trial by James B. Tucker as to Albert Diaz, MD (Tucker, James) (Entered: 04/05/2018)
04/05/2018 101 MEMORANDUM in Support by Albert Diaz, MD re 100 MOTION for New Trial (Tucker, James) (Entered: 04/05/2018)
04/06/2018 102 ORDER as to Albert Diaz, MD re 100 MOTION for New Trial filed by Albert Diaz, M.D.. Response due on or before April 16, 2018. Reply due on or before April 23, 2016. Signed by District Judge Keith Starrett on 4/6/18. (cb) (Entered: 04/06/2018)
04/09/2018 103 REPLY TO RESPONSE to Motion by Albert Diaz, MD re 97 MOTION to Amend/Correct 86 Order on Motion for Bond (Colette, John) (Entered: 04/09/2018)
04/16/2018 104 Memorandum in Opposition to Motion by USA as to Albert Diaz, MD re 100 MOTION for New Trial (Hasten-Federal Gov, Jared) (Entered: 04/16/2018)
04/23/2018 105 REPLY TO RESPONSE to Motion by Albert Diaz, MD re 100 MOTION for New Trial (Attachments: # 1 Exhibit A – Diaz Documents)(Tucker, James) (Entered: 04/23/2018)
05/02/2018 106 NOTICE OF FILING OF OFFICIAL JURY TRIAL TRANSCRIPT, Volume I, of Proceedings as to Albert Diaz, MD held on 2/26/18 before Judge Keith Starrett. Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432. Tape Number: 2/26/18. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/23/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 7/31/2018. (FWJ) (Entered: 05/02/2018)
05/02/2018 107 NOTICE OF FILING OF OFFICIAL JURY TRIAL TRANSCRIPT, Volume II, of Proceedings as to Albert Diaz, MD held on 2/27/18 before Judge Keith Starrett. Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432. Tape Number: 2/27/18. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/23/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 7/31/2018. (FWJ) (Entered: 05/02/2018)
05/02/2018 108 NOTICE OF FILING OF OFFICIAL JURY TRIAL TRANSCRIPT, Volume III, of Proceedings as to Albert Diaz, MD held on 2/28/2018 before Judge Keith Starrett. Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432. Tape Number: 2/28/18. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/23/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 7/31/2018. (FWJ) (Entered: 05/02/2018)
05/02/2018 109 NOTICE OF FILING OF OFFICIAL JURY TRIAL TRANSCRIPT, Volume IV, of Proceedings as to Albert Diaz, MD held on 3/1/2018 before Judge Keith Starrett. Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432. Tape Number: 3/1/18. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/23/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 7/31/2018. (FWJ) (Entered: 05/02/2018)
05/02/2018 110 NOTICE OF FILING OF OFFICIAL JURY TRIAL TRANSCRIPT, Volume V, of Proceedings as to Albert Diaz, MD held on 3/2/2018 before Judge Keith Starrett. Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432. Tape Number: 3/2/2018. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/23/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 7/31/2018. (FWJ) (Entered: 05/02/2018)
05/03/2018 111 MOTION to Continue Sentencing by John M. Colette as to Albert Diaz, MD (Colette, John) (Entered: 05/03/2018)
05/03/2018 Set Hearings as to Albert Diaz, MD: Telephone Conference set for 5/3/2018, 03:00 PM before District Judge Keith Starrett. Parties are instructed to dial 877-336-1828 and enter passcode 940-8529 to join the call. (dtj) (Entered: 05/03/2018)
05/03/2018 Minute Entry for proceedings held before District Judge Keith Starrett:Telephone Conference as to Albert Diaz, MD held on 5/3/2018. Participating for the Government, Mary Helen Wall, Jared Hasten and Kate Payerle. Participating for the Defendant, John Colette and James Tucker. The sentencing of this matter will be reset to June 7, 2018. (dtj) (Entered: 05/03/2018)
05/03/2018 TEXT ORDER granting 111 Motion to Continue as to Albert Diaz M.D. (1). The sentencing hearing in this matter is continued and reset to June 7, 2018, at 1:00 p.m. Signed by District Judge Keith Starrett on 5/3/2018 (dtj) (Entered: 05/03/2018)
05/03/2018 Reset Hearings as to Albert Diaz, MD: Sentencing reset for 6/7/2018, 01:00 PM in Courtroom 1 (Hattiesburg) Starrett before District Judge Keith Starrett (dtj) (Entered: 05/03/2018)
05/04/2018 DOCKET ANNOTATION as to 111 : Incorrect division listed. Attorney is advised to use new division name, “Eastern Division” in future filings and is advised to include the judge assignment of KS-JCG on future filed pleadings. (CS) (Entered: 05/04/2018)
05/31/2018 112 *RESTRICTED* Sentencing Memorandum by Jared L. Hasten-Federal Gov as to Albert Diaz, MD (Attachments: # 1 Exhibit One)(Hasten-Federal Gov, Jared) Modified on 6/1/2018 (CS). (Entered: 05/31/2018)
06/01/2018 DOCKET ANNOTATION as to 112 : United States’ Sentencing Memorandum was incorrectly filed as a motion. Wrong event chosen. Document was entered as a motion but should have been docketed as an Sentencing Memorandum. Court staff has made the correction and terminated the motion created. (CS) Modified on 6/1/2018 (CS). (Entered: 06/01/2018)
06/05/2018 113 MEMORANDUM OPINION AND ORDER denying 97 Motion to Amend/Correct as to Albert Diaz M.D. (1); denying 100 Motion for New Trial as to Albert Diaz M.D. (1). Signed by District Judge Keith Starrett on 6/5/18. (cb) (Entered: 06/05/2018)
06/07/2018 Minute Entry for proceedings held before District Judge Keith Starrett: Sentencing held on 6/7/2018 for Albert Diaz, M.D. (1) The sentence of the Court is a term of 42 Months Imprisonment as to Count(s) 1,2-5,6,7-10,11, and 12-16 Sentences for all counts to run concurrently. 3 years Supervised Release per Count to run concurrently. The term of Supervised Release is subject to the standard, mandatory and special conditions listed on the judgment order. No Fine is ordered. Restitution to be determined by the Court at a hearing to be held at a later date. $100 Special Assessment per count for a total of $1600.00. The Court requests defendant be housed in a prison camp facility as near to his home as possible. Defendant in custody and to remain. Court Reporter Fred Jeske, Telephone Number : 601-255-6432. (dtj) (Entered: 06/07/2018)
06/08/2018 114 EXHIBIT LIST to Sentencing Hearing held 6/7/2018 as to Albert Diaz, MD (dtj) (Entered: 06/08/2018)
06/08/2018 115 DEFENSE EXHIBITS to Sentencing Hearing held 6/7/2018 as Albert Diaz, MD (Attachments: # 1 Exhibit D-1(B), # 2 Exhibit D-2, # 3 Exhibit D-3, # 4 Exhibit D-4)(dtj) (Entered: 06/08/2018)
06/08/2018 116 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Albert Diaz, MD (Attachments: # 1 Addendum to Presentence Report)(dtj) (Entered: 06/08/2018)
06/08/2018 117 OBJECTIONS TO PRESENTENCE INVESTIGATION REPORT by Albert Diaz, MD (dtj) (Entered: 06/08/2018)
06/09/2018 118  Digital Audio File of sentencing, PART 1, as to Albert Diaz, MD held on 6/7/2018 before Judge Keith Starrett.AUDIO FILE size(42.2 MB) (FWJ) (Entered: 06/09/2018)
06/09/2018 119  Digital Audio File of sentencing, Part 2, as to Albert Diaz, MD held on 6/7/2018 before Judge Keith Starrett.AUDIO FILE size(21.9 MB) (FWJ) (Entered: 06/09/2018)
06/12/2018 120 *RESTRICTED* STATEMENT OF REASONS as to Albert Diaz, MD (dtj) (Entered: 06/12/2018)
06/12/2018 121 JUDGMENT as to Albert Diaz, M.D. (1), Count(s) 1,2-5,6,7-10,11,12-16, 42 months imprisonment as to counts 1,2-5,6,7-10,11, and 12-16, sentences for all counts to run concurrently. 3 years Supervised Release per count to run concurrently. No fine. $100 Special Assessment per count for a total of $1600.00. Signed by District Judge Keith Starrett on 06/12/2018. (CS) (Entered: 06/12/2018)
06/14/2018 122 NOTICE OF FILING OF OFFICIAL SENTENCING TRANSCRIPT of Proceedings as to Albert Diaz, MD held on 6/7/2018 before Judge Keith Starrett. Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432. Tape Number: 6/7/2018. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/5/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/12/2018. (FWJ) (Entered: 06/14/2018)
06/18/2018 123 NOTICE OF APPEAL by Albert Diaz, MD re 121 Judgment, Filing fee $ 505, receipt number 0538-3737330. (Colette, John) (Entered: 06/18/2018)
06/18/2018 124 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice Attorney: Cynthia Orr. (Paid $100 PHV fee; receipt number 0538-3737351)by John M. Colette as to Albert Diaz, MD (Attachments: # 1 Exhibit Exhibit A – Certificate of Good Standing)(Colette, John) (Entered: 06/18/2018)
06/19/2018 DOCKET ANNOTATION as to 123 : Pursuant to the Administrative Procedures for Electronic Case Filing Section 2.C. and FED.R.Civ.P.11 an attorney’s password issued by the court combined with the user’s identification (login) serves as the attorney’s signature for Rule 11 and other purposes. The signature of the attorney on the document should match the attorney’s name in the docket entry. Attorney is directed to file the corrected Notice of Appeal using the attorney’s signature on the docket entry and use the event “Amended Notice of Appeal.” DOCKET ANNOTATION as to 124 : Attorney is advised to include the judge assignment of KS-JCG on future filed pleadings. (CS) (Entered: 06/19/2018)
06/19/2018 125 MOTION to Amend/Correct 113 Order on Motion to Amend/Correct, Order on Motion for New Trial by James B. Tucker as to Albert Diaz, MD (Tucker, James) (Entered: 06/19/2018)
06/19/2018 126 AMENDED NOTICE OF APPEAL by Albert Diaz, MD re 113 Order denying New Trial, re 121 Judgment. (Colette, John) Modified on 6/25/2018 (LDR). (Entered: 06/19/2018)
06/19/2018 127 Sealed Document (dtj) (Entered: 06/19/2018)
06/19/2018 Appeal Remark re 123 Notice of Appeal, 126 Amended Notice of Appeal: Transcript Order Form mailed to Attorney John Colette. (CS) (Entered: 06/19/2018)
06/20/2018 TEXT ONLY ORDER denying 124 Motion for Leave to Appear Pro Hac Vice of Cynthia Orr as to Albert Diaz M.D. (1). The certificate of good standing attached to the motion had expired as of the date of the application. The motion is hereby denied without prejudice to movant’s right to refile when an updated certificate is obtained. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 6/20/2018 (AB) (Entered: 06/20/2018)
06/21/2018 128 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice Attorney: Cynthia Orr. by John M. Colette as to Albert Diaz, MD (Attachments: # 1 Exhibit Exhibit A – Certificate of Good Standing)(Colette, John) (Entered: 06/21/2018)
06/22/2018 129 NOTICE OF ATTORNEY APPEARANCE J. Wesley Webb-Federal Gov appearing for USA. (Webb-Federal Gov, J.) (Entered: 06/22/2018)
06/22/2018 130 TRANSCRIPT REQUEST Form by Albert Diaz, MD for proceedings held on 2-5-2018 to 6-7-2018 before Judge Keith Starrett. (Colette, John) (Entered: 06/22/2018)
06/22/2018 131 USCA Case Number and Initial Letter as to Albert Diaz, MD 18-60455 for 123 Notice of Appeal – Final Judgment, 126 Amended Notice of Appeal filed by Albert Diaz, M.D. (LDR) (Entered: 06/22/2018)
06/22/2018 Appeal Remark re 123 Notice of Appeal – Final Judgment: TRANSCRIPT ORDER received from Appellant Mr. Albert Diaz, M.D.. (LDR) (Entered: 06/22/2018)
06/25/2018 132 ORDER denying 125 Motion to Amend/Correct as to Albert Diaz M.D. (1). Signed by District Judge Keith Starrett on 6/25/18. (cb) (Entered: 06/25/2018)
06/25/2018 TEXT ONLY ORDER granting 128 Motion for Leave to Appear Pro Hac Vice of Cynthia Orr as to Albert Diaz M.D. (1). Cynthia Orr is admitted pro hac vice in this case on behalf of Defendant Albert Diaz, M.D. in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 6/25/2018 (AB) Modified on 7/3/2018 to correct typo(AB). (Entered: 06/25/2018)
06/25/2018 DOCKET ANNOTATION as to 126 : Docket text modified to reflect Notice of Appeal as to 113 Order re Motion for New Trial and 121 Judgment. (LDR) (Entered: 06/25/2018)
06/25/2018 Attorney update in case as to Albert Diaz, MD. Attorney Cynthia Orr – PHV for Albert Diaz, MD added. (LDR) (Entered: 06/25/2018)
06/28/2018 Set Hearings as to Albert Diaz, MD: Telephone Conference set for 6/28/2018, 03:30 PM before District Judge Keith Starrett. Parties are instructed to dial 877-336-1828 and enter passcode 940-8529 to join the call. (dtj) (Entered: 06/28/2018)
06/28/2018 Minute Entry for proceedings held before District Judge Keith Starrett:Telephone Conference as to Albert Diaz, MD held on 6/28/2018. Participating on behalf of the Government, Mary Helen Wall, Kate Payerle, and Jared Hasten. Participating for the defense, John Colette and Cynthia Orr. Also, USPO Robert Walters participated in the call. (dtj) (Entered: 06/28/2018)
06/29/2018 133 TRIAL/HEARING EXHIBIT – GOVERNMENT as to Albert Diaz, MD (Attachments: # 1 Exhibit G-1, # 2 Exhibit G-1(A), # 3 Exhibit G-1(B) and (C), # 4 Exhibit G-2, # 5 Exhibit G-2(A), # 6 Exhibit G-2(B-Q), # 7Exhibit G-7, # 8 Exhibit G-7(A), # 9 Exhibit G-7(B), # 10 Exhibit G-7(C), # 11 Exhibit G-8, # 12 Exhibit G-8(A), # 13 Exhibit G-10, # 14 Exhibit G-11, # 15 Exhibit G-11(A), # 16 Exhibit G-11(B), # 17 Exhibit G-11(C), # 18 Exhibit G-11(D), # 19 Exhibit G-11(E), # 20 Exhibit G-11(F), # 21 Exhibit G-11(G), # 22 Exhibit G-11(H), # 23 Exhibit G-11(I), # 24 Exhibit G-11(J), # 25 Exhibit G-11(K), # 26 Exhibit G-11(L), # 27Exhibit GH-11(M), # 28 Exhibit G-12, # 29 Exhibit G-26, # 30 Exhibit G-27, # 31 Exhibit G-28, # 32 Exhibit G-29, # 33 Exhibit G-30, # 34 Exhibit G-30(A), # 35 Exhibit G-30(B), # 36 Exhibit G-30(C), # 37 Exhibit G-30(D), # 38 Exhibit G-30(E), # 39 Exhibit G-30(F), # 40 Exhibit G-30(G), # 41 Exhibit G-31, # 42 Exhibit G-33, # 43 Exhibit G-33(A), # 44 Exhibit G-33(B), # 45 Exhibit G-33(C), # 46 Exhibit G-35, # 47 Exhibit G-36, # 48 Exhibit G-37, # 49 Exhibit G-37(A), # 50 Exhibit G-37(B), # 51 Exhibit G-37(C), # 52 Exhibit G-37(D), # 53 Exhibit G-38, # 54 Exhibit G-39, # 55 Exhibit G-40, # 56 Exhibit G-41, # 57 Exhibit G-42, # 58 Exhibit G-43, # 59 Exhibit G-53, # 60 Exhibit G-54, # 61 Exhibit G-60, # 62 Exhibit G-61, # 63 Exhibit G-62, # 64 Exhibit G-63, # 65 Exhibit G-64, # 66 Exhibit G-65, # 67 Exhibit G-66, # 68 Exhibit D-67)(dtj) (Entered: 06/29/2018)
06/29/2018 Appeal Remark re 123 Notice of Appeal – Final Judgment, 126 Amended Notice of Appeal: Acknowledgment Transcript Order: Court Reporter: Fred Jeske, Est. Completion Dt: 07/15/2018, Est. No.of Pgs: 32, Dt. Trans. to be Filed: 07/22/2018, Proceeding Type and Date: Telephone Conference 02/05/2018, Telephone Conference 02/20/2018, Motion Hearing 02/23/2018, Jury Trial 02/26/2018 – 03/02/2018, Sentencing 06/07/2018. Ct. Reporter Acknowledgment ddl satisfied. Transcript Due/Court Reporter Discount Date is 07/23/2018 for Fred Jeske, Court Reporter [18-60455] (CS) (Entered: 06/29/2018)
07/02/2018 134 TRIAL/HEARING EXHIBIT – DEFENSE by Albert Diaz, MD (Attachments: # 1 Exhibit D-6, # 2 Exhibit D-6(A), # 3 Exhibit D-6(B), # 4 Exhibit D-11(A-K), # 5 Exhibit D-44, # 6 Exhibit D-57, # 7 Exhibit D-58, # 8Exhibit D-60, # 9 Exhibit D-61, # 10 Exhibit D-62, # 11 Exhibit D-63(A), # 12 Exhibit D-63(B), # 13 Exhibit D-63(C), # 14 Exhibit D-63(D), # 15 Exhibit D-63(E), # 16 Exhibit D-63(F), # 17 Exhibit D-63(G), # 18Exhibit D-63(H), # 19 Exhibit D-64, # 20 Exhibit D-65(A), # 21 Exhibit D-65(B), # 22 Exhibit D-65(C), # 23 Exhibit D-67)(dtj) (Entered: 07/02/2018)
07/03/2018 Trial Exhibits/Disks marked G-1, G-1(B), G-1(C), G-2, G-2(B) through G-2(I), G-2(J) through G-2(Q), G-7, G-8, G-37, received in the Clerk’s Office and placed in the vault. (CS) (Entered: 07/03/2018)
07/05/2018 135 NOTICE OF FILING OF OFFICIAL TELECONFERENCE TRANSCRIPT filed as to Albert Diaz, MD for dates of 2/5/2018 before Judge Keith Starrett, re 123 Notice of Appeal – Final Judgment Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432. Tape Number: 2/5/18. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/26/2018. Redacted Transcript Deadline set for 8/6/2018. Release of Transcript Restriction set for 10/3/2018. (FWJ) (Entered: 07/05/2018)
07/05/2018 136 NOTICE OF FILING OF OFFICIAL TELECONFERENCE TRANSCRIPT filed as to Albert Diaz, MD for dates of 2/20/2018 before Judge Keith Starrett, re 123 Notice of Appeal – Final Judgment Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432. Tape Number: 2/20/18. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/26/2018. Redacted Transcript Deadline set for 8/6/2018. Release of Transcript Restriction set for 10/3/2018. (FWJ) (Entered: 07/05/2018)
07/06/2018 137 NOTICE OF FILING OF OFFICIAL MOTIONS HEARING TRANSCRIPT filed as to Albert Diaz, MD for dates of 02/23/2018 before Judge Keith Starrett, re 123 Notice of Appeal – Final Judgment Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432. Tape Number: 2/23/18. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/27/2018. Redacted Transcript Deadline set for 8/6/2018. Release of Transcript Restriction set for 10/4/2018. (FWJ) (Entered: 07/06/2018)
07/06/2018 138 MOTION for Bond Pending Appeal by Cynthia Orr – PHV as to Albert Diaz, MD (Orr – PHV, Cynthia) (Entered: 07/06/2018)
07/06/2018 139 Memorandum in Support of 138 Motion by Cynthia Orr – PHV as to Albert Diaz, MD (Orr – PHV, Cynthia) Modified on 7/9/2018 (CS). (Entered: 07/06/2018)
07/09/2018 140 ORDER as to Albert Diaz, MD re 138 MOTION for Bond Pending Appeal filed by Albert Diaz, M.D. Response due on or before 7/17/18; reply due on or before 7/23/18. Signed by District Judge Keith Starrett on 7/9/18. (cb) (Entered: 07/09/2018)
07/09/2018 DOCKET ANNOTATION as to 139 : Incorrect event chosen. This document should have been docketed as a Memorandum in Support of Motion. Court staff has made the correction and terminated the motion created. (CS) (Entered: 07/09/2018)
07/10/2018 141 NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF INITIAL APPEARANCE AND ARRAIGNMENT filed as to Albert Diaz, MD for dates of 11/1/2017 before Judge John Gargiulo, re 123 Notice of Appeal – Final Judgment Court Reporter/Transcriber Teri Norton, Telephone Number : 228-563-1748. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/31/2018. Redacted Transcript Deadline set for 8/10/2018. Release of Transcript Restriction set for 10/9/2018. (TN) (Entered: 07/10/2018)
07/11/2018 Appeal Remark re 123 Notice of Appeal, 126 Amended Notice of Appeal: Transcript Order received from Appellant Mr. Albert Diaz, M.D.. DETAILS: Transcript Order: Court Reporter: Fred Jeske, Proceeding Type and Date: Telephone Conference 05/03/2018, Telephone Conference 01/18/2018. Ct. Reporter Acknowledgment due on 07/23/2018 for Fred Jeske, Court Reporter. (CS) (Entered: 07/11/2018)
07/13/2018 Appeal Remark re 123 Notice of Appeal, 126 Amended Notice of Appeal: Transcript received from Appellant Mr. Albert Diaz, M.D.. DETAILS: Transcript Order: Court Reporter: Teri Barker Norton, Proceeding Type and Date: Initial Appearance 11/01/2017 – Transcript already on file in DC; Transcript Order: Court Reporter: Fred Jeske, Proceeding Type and Date: Sentencing 06/07/2018. Ct. Reporter Acknowledgment due on 07/23/2018 for Teri Norton, Court Reporter. (CS) (Entered: 07/13/2018)
07/13/2018 Appeal Remark re 123 Notice of Appeal, 126 Amended Notice of Appeal: Acknowledgment. Ct. Reporter Acknowledgment ddl satisfied. (CS) (Entered: 07/13/2018)
07/17/2018 142 Memorandum in Opposition to Motion by USA as to Albert Diaz, MD re 138 MOTION for Bond Pending Appeal (Hasten-Federal Gov, Jared) (Entered: 07/17/2018)
07/18/2018 Appeal Remark re 123 Notice of Appeal, 126 Amended Notice of Appeal: Digital Audio Files 17 , 118 , 119 will not be made a part of the EROA. (CS) (Entered: 07/18/2018)
07/18/2018 Appeal Remark re 123 Notice of Appeal, 126 Amended Notice of Appeal: Original record created and certified, awaiting 5th Circuit review and acceptance; attorneys/parties will be notified when the appeal record is ready for appeal purposes. (CS) (Entered: 07/18/2018)
07/23/2018 143 REPLY TO RESPONSE to Motion by Albert Diaz, MD re 138 MOTION for Bond Pending Appeal, 139 MOTION for Bond Memorandum in support of Motion (Orr – PHV, Cynthia) (Entered: 07/23/2018)
07/24/2018 144 MOTION to Amend/Correct 142 Memorandum in Opposition to 138 Motion filed by USA by Jared L. Hasten-Federal Gov as to Albert Diaz, MD (Hasten-Federal Gov, Jared) (Entered: 07/24/2018)
07/25/2018 145 ORDER granting 144 Motion to Amend/Correct as to Albert Diaz M.D. (1). Signed by District Judge Keith Starrett on 7/25/18. (cb) (Entered: 07/25/2018)
07/25/2018 ELECTRONIC RECORD ON APPEAL ACCEPTED as to Albert Diaz, MD: The Court of Appeals has accepted the Electronic Record on Appeal and it is available for attorney access and download at http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf using credentials provided to you by the Clerk of that Court. COUNSEL MUST HAVE AN APPEARANCE FORM ON FILE. If you have not filed it and/or have just filed it, please allow 3-5 days for processing. Requirements: Java 1.7, Adobe Acrobat Reader 11, turn off pop up blockers or add CM/ECF filing system to approved pop up settings. (CS) (Entered: 07/25/2018)
07/30/2018 146 Appeal Remark re 123 Notice of Appeal, 126 Amended Notice of Appeal: No Court Reporter Acknowledgment Received for Mr. Fred Jeske. Transcript Order: Court Reporter: Fred Jeske. Transcript deadlines created – Ct. Reporter Acknowledgment deadline canceled. Transcript Due/Court Reporter Discount Date is 08/10/2018 for Fred Jeske, Court Reporter. (Attachments: # 1 Transcript Order Form) (CS) (Entered: 07/30/2018)