JC
EOG Veteran
U.S. District Court
Eastern District of Missouri (LIVE) (St. Louis)
CRIMINAL DOCKET FOR CASE #: 4:06-cr-00337-CEJ-MLM-ALL
R/R
Case title: USA v. Betonsports PLC et al Date Filed: 06/01/2006
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Betonsports PLC (1)
its predecessors holding companies,
subsidiaries and associated entities
represented byJeffrey T. Demerath
ARMSTRONG TEASDALE, LLP
One Metropolitan Square
Suite 2600
St. Louis, MO 63102-2740
314-342-4103
Fax: 314-552-4867
Email:
jdemerath@armstrongteasdale.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
SCHEME TO DEFRAUD - MAIL
(2r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
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None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Gary Stephen Kaplan (2)
also known as
Greg Champion (2)
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
USE OF COMMUNICATIONS
FACILITY TO TRANSMIT BETS
AND BETTING INFORMATION
(3r-12r)
INTERSTATE TRANSPORTATION
OF GAMBLING PARAPHERNALIA
(13r)
TAX EVASION
(14r-16r)
INTERFERENCE WITH
ADMINISTRATION OF REVENUE
LAWS
(17r-22r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
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Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Neil Scott Kaplan (3)
also known as
Scott Kaye (3)
represented byBrian Steel
THE STEEL LAW FIRM, PC
1800 Peachtree St., N.W.
Suite 300
Atlanta, GA 30309
US
404-605-0023
Fax: 404-352-5636
Email: thesteellawfirm@msn.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Susan Kister
MOLINE AND SHOSTAK
8015 Forsyth Boulevard
St. Louis, MO 63105
314-725-3200
Fax: 314-725-3275
Email: skister@msmattorneys.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
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Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Lori Beth Kaplan-Multz (4)
also known as
Beth (4)
represented byEdward L. Dowd, Jr.
DOWD BENNETT, LLP
7733 Forsyth
Suite 1410
Clayton, MO 63105
US
314-889-7301
Fax: 314-863-2111
Email: edowd@dowdbennett.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Robert F. Katzberg
KAPLAN & KATZBERG
767 Third Avenue
26th Floor
New York, NY 10017
US
212-750-3100
Fax: 212-759-8628
Email: rkatzberg@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
James F. Bennett
DOWD BENNETT, LLP
7733 Forsyth
Suite 1410
Clayton, MO 63105
US
314-889-7302
Fax: 314-863-2111
Email: jbennett@dowdbennett.com
ATTORNEY TO BE NOTICED
Designation: Retained
Robert F. Epperson, Jr.
DOWD BENNETT, LLP
7733 Forsyth
Suite 1410
Clayton, MO 63105
US
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314-889-7306
Fax: 314-863-2111
Email: repperson@dowdbennett.com
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
David Carruthers (5) represented byN. Scott Rosenblum
ROSENBLUM AND SCHWARTZ
120 S. Central Avenue
Suite 130
Clayton, MO 63105
314-862-4332
Fax: 314-862-8050
Email: srosenblum@rsrglaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Ralph Timothy Evans
EVANS AND GANDY
115 W. 2nd
Suite 202
Fort Worth, TX 76102
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US
817-332-3822
Fax: 817-332-2763
Email: timevans@egdmlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Adam D. Fein
ROSENBLUM AND SCHWARTZ
120 S. Central Avenue
Suite 130
Clayton, MO 63105
314-862-4332
Fax: 314-862-8050
Email: afein@rsrglaw.com
ATTORNEY TO BE NOTICED
Designation: Retained
Gilbert C. Sison
ROSENBLUM AND SCHWARTZ
120 S. Central Avenue
Suite 130
Clayton, MO 63105
314-862-4332
Fax: 314-862-8050
Email: gsison@rsrglaw.com
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
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Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Peter Wilson (6)
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Norman Steinberg (7)
also known as
David Norman (7)
also known as
Tom Miller (7)
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
USE OF COMMUNICATIONS
FACILITY TO TRANSMIT BETS
AND BETTING INFORMATION
(3r-12r)
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INTERFERENCE WITH
ADMINISTRATION OF REVENUE
LAWS
(17r-22r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Tim Brown (8)
also known as
Matt Brown (8)
represented byStephen R. Lacheen
LACHEEN AND DIXON, LLP
1429 Walnut Street
Suite 1301
Philadelphia, PA 19102
US
215-735-5900
Fax: 215-561-1860
Email: slacheen@concentric.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
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None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Direct Mail Expertise, Inc. (9) represented byPaul J. D'Agrosa
WOLFF AND D'AGROSA
8019 Forsyth
Clayton, MO 63105
314-725-8019
Fax: 314-725-8443
Email: wolffdagrosa@birch.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
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Referred to: Mag Judge Mary Ann L.
Medler
Defendant
DME Global Marketing &
Fulfillment, Inc. (10) represented byPaul J. D'Agrosa (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
SCHEME TO DEFRAUD - MAIL
(2r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Mobile Promotions, Inc. (11) represented byPaul J. D'Agrosa
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
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INTERSTATE TRANSPORTATION
OF GAMBLING PARAPHERNALIA
(13r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
William Hernan Lenis (12) represented byAlan S. Ross
ROBBINS TUNKEY ROSS
2250 S.W. 3rd Avenue
4th Floor
Lawyer's Plaza
Miami, FL 33129-2095
US
305-858-9550
Fax: 305-858-7491
Email: alanross@crimlawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
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None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
William Luis Lenis (13) represented byBurton H. Shostak
MOLINE AND SHOSTAK
8015 Forsyth Boulevard
St. Louis, MO 63105
314-725-3200
Fax: 314-725-3275
Email: bshostak@msmattorneys.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
INTERSTATE TRANSPORTATION
OF GAMBLING PARAPHERNALIA
(13r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
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Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Manny Gustavo Lenis (14) represented byRichard H. Sindel
SINDEL AND SINDEL
8008 Carondelet
Suite 301
Clayton, MO 63105
314-721-6040
Fax: 314-721-8545
Email: rsindel@sindellaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Monica Lenis (15) represented byJohn David Bogenschutz
BOGENSCHUTZ AND DUTKO
600 S. Andrews Avenue
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Suite 500
Fort Lauderdale, FL 33301
US
954-764-2500
Email: kkllaw@bellsouth.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
INTERSTATE TRANSPORTATION
OF GAMBLING PARAPHERNALIA
(13r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Plaintiff
USA represented byMichael K. ***an
OFFICE OF U.S. ATTORNEY
111 S. Tenth Street
20th Floor
St. Louis, MO 63102
314-539-2200
Fax: 314-539-7695
Email: michael.***an@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Marty Woelfle
U.S. DEPARTMENT OF JUSTICE
1301 New York Ave.
Room 705
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Washington, DC 20005
202-353-2373
Email: marty.woelfle@usdoj.gov
ATTORNEY TO BE NOTICED
Steven A. Muchnick
OFFICE OF U.S. ATTORNEY
111 S. Tenth Street
20th Floor
St. Louis, MO 63102
314-539-2200
Fax: 314-539-7695
Email: steven.muchnick@usdoj.gov
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
06/01/2006 1 INDICTMENT as to Betonsports PLC (1) count(s) 1, 2, Gary Stephen
Kaplan (2) count(s) 1, 3-12, 13, 14-16, 17-22, Neil Scott Kaplan (3)
count(s) 1, Lori Beth Kaplan-Multz (4) count(s) 1, David Carruthers (5)
count(s) 1, Peter Wilson (6) count(s) 1, Norman Steinberg (7) count(s) 1,
3-12, 17-22, Tim Brown (8) count(s) 1, Direct Mail Expertise, Inc. (9)
count(s) 1, DME Global Marketing & Fulfillment, Inc. (10) count(s) 1, 2,
Mobile Promotions, Inc. (11) count(s) 1, 13, William Hernan Lenis (12)
count(s) 1, William Luis Lenis (13) count(s) 1, 13, Manny Gustavo Lenis
(14) count(s) 1, Monica Lenis (15) count(s) 1, 13. (Attachments: # 1
Criminal Cover Sheet Betonsports PLC# 2 Criminal Cover Sheet G.
Kaplan# 3 Criminal Cover Sheet N. Kaplan# 4 Criminal Cover Sheet
Multz# 5 Criminal Cover Sheet Carruthers# 6 Criminal Cover Sheet
Wilson# 7 Criminal Cover Sheet Steinberg# 8 Criminal Cover Sheet
Brown# 9 Criminal Cover Sheet Direct Mail# 10 Criminal Cover Sheet
DME Global# 11 Criminal Cover Sheet W. H. Lenis# 12 Criminal Cover
Sheet W. L. Lenis# 13 Criminal Cover Sheet M. G. Lenis# 14 Criminal
Cover Sheet M. Lenis# 15 Criminal Cover Sheet Mobile Promotions,
Inc.) (SAJ) (Entered: 06/02/2006)
06/01/2006 2 REDACTED INDICTMENT as to Betonsports PLC (1): Former count 1
is now count 1r. Former count 2 is now count 2r. Gary Stephen Kaplan
(2): Former count 1 is now count 1r. Former count 3-12 is now count 3r-
12r. Former count 13 is now count 13r. Former count 14-16 is now count
14r-16r. Former count 17-22 is now count 17r-22r. Neil Scott Kaplan (3):
Former count 1 is now count 1r. Lori Beth Kaplan-Multz (4): Former
count 1 is now count 1r. David Carruthers (5): Former count 1 is now
count 1r. Peter Wilson (6): Former count 1 is now count 1r. Norman
Steinberg (7): Former count 1 is now count 1r. Former count 3-12 is now
count 3r-12r. Former count 17-22 is now count 17r-22r. Tim Brown (8):
Former count 1 is now count 1r. Direct Mail Expertise, Inc. (9): Former
count 1 is now count 1r. DME Global Marketing & Fulfillment, Inc. (10):
Former count 1 is now count 1r. Former count 2 is now count 2r. Mobile
Promotions, Inc. (11): Former count 1 is now count 1r. Former count 13
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is now count 13r. William Hernan Lenis (12): Former count 1 is now
count 1r. William Luis Lenis (13): Former count 1 is now count 1r.
Former count 13 is now count 13r. Manny Gustavo Lenis (14): Former
count 1 is now count 1r. Monica Lenis (15): Former count 1 is now count
1r. Former count 13 is now count 13r. (SAJ) Modified on 10/27/2006
(SAJ, ). (Entered: 06/02/2006)
06/01/2006 3 Order:...IT IS BY THE COURT ORDERED that said indictment shall be
sealed and suppressed by the Clerk of the Court until said defendant is in
custody or has given bail for the defendant's final appearance. Order as to
Betonsports PLC, Gary Stephen Kaplan, Neil Scott Kaplan, Lori Beth
Kaplan-Multz, David Carruthers, Peter Wilson, Norman Steinberg, Tim
Brown, Direct Mail Expertise, Inc., DME Global Marketing &
Fulfillment, Inc., Mobile Promotions, Inc., William Hernan Lenis,
William Luis Lenis, Manny Gustavo Lenis, Monica Lenis. . Signed by
Judge David D. Noce on 06/01/2006. (SAJ) (Entered: 06/02/2006)
06/01/2006 4 ENTRY OF ATTORNEY APPEARANCE Michael K. ***an appearing
for USA. (SAJ) (Entered: 06/02/2006)
06/01/2006 5 MOTION for Pretrial Detention and Hearing by USA as to defendant
Gary Stephen Kaplan. (SAJ, ) (Entered: 06/02/2006)
06/01/2006 6 MOTION for Pretrial Detention and Hearing by USA as to defendant
David Carruthers. (SAJ, ) (Entered: 06/02/2006)
06/01/2006 7 MOTION for Pretrial Detention and Hearing by USA as to defendant
Peter Wilson. (SAJ, ) (Entered: 06/02/2006)
06/01/2006 8 MOTION for Pretrial Detention and Hearing by USA as to defendant
Norman Steinberg. (SAJ, ) (Entered: 06/02/2006)
07/14/2006 Summons Issued in case as to Betonsports PLC, Direct Mail Expertise,
Inc., DME Global Marketing & Fulfillment, Inc., Mobile Promotions,
Inc. Initial Appearance set for 7/31/2006 11:30 AM in Courtroom 13S
before Mag Judge Mary Ann L. Medler. (SAJ) (Entered: 07/14/2006)
07/14/2006 REMARK - THE SUMMONS ISSUED IN THIS CASE as to
Betonsports PLC, Direct Mail Expertise, Inc., DME Global Marketing &
Fulfillment, Inc., Mobile Promotions, Inc.: WERE DIRECTLY GIVEN
TO THE IRS AGENT, JOE LUDEWIG TO SERVE ON ABOVE
MENTIONED DEFENDANTS. (SAJ) (Entered: 07/14/2006)
07/17/2006 9 LETTER LIFTING SUPPRESSION - Indictment/Superseding
Indictment unsealed as to Betonsports PLC, Gary Stephen Kaplan, Neil
Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, and Monica Lenis.
(KLK) (Entered: 07/18/2006)
07/17/2006 Arrest of defendant William Luis Lenis date of arrest: 7/17/06 (LGK, )
(Entered: 07/26/2006)
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07/17/2006 Arrest of defendant David Carruthers: date of arrest - 7/17/06 (CMA)
(Entered: 07/26/2006)
07/17/2006 Arrest of defendant Manny Gustavo Lenis date of arrest: 7/17/06 (LAH, )
(Entered: 08/01/2006)
07/17/2006 Arrest of defendant Neil Scott Kaplan date of arrest: 7/17/06 (LAH, )
(Entered: 08/01/2006)
07/17/2006 Arrest of defendant Tim Brown: date of arrest - 7/17/06 (CMA) (Entered:
08/07/2006)
07/18/2006 12 Personal Security Bond Bond Entered as to defendant William Luis Lenis
in amount of $ $1,000,000.00 . Signed by Judge Torres on 7/18/06.
(LGK, ) (Entered: 07/26/2006)
07/18/2006 13 ORDER Setting Conditions of Release by Defendant William Luis Lenis.
as to William Luis Lenis (13) $1,000,000 Personal Security Bond .
Signed by Judge Torres on 7/18/06. (LGK, ) (Entered: 07/26/2006)
07/18/2006 Arrest of defendant Monica Lenis date of arrest: 7/18/06 (LGK, )
(Entered: 07/26/2006)
07/18/2006 15 Personal Security Bond Bond Entered as to defendant Monica Lenis in
amount of $ $1,000,000, . Signed by Judge Torres on 7/18/06. (LGK, )
(Entered: 07/26/2006)
07/18/2006 16 ORDER Setting Conditions of Release by Defendant Monica Lenis. as to
Monica Lenis (15) $1,000,000 personal security bond . Signed by Judge
Torres on 7/18/06. (LGK, ) (Entered: 07/26/2006)
07/18/2006 Arrest of defendant William Hernan Lenis date of arrest: 7/18/06 (LGK, )
(Entered: 07/26/2006)
07/18/2006 18 Personal Security Bond Bond Entered as to defendant William Hernan
Lenis in amount of $ $1,000,000, . Signed by Judge Torres on 7/18/06.
(LGK, ) (Entered: 07/26/2006)
07/18/2006 19 ORDER Setting Conditions of Release by Defendant William Hernan
Lenis. as to William Hernan Lenis (12) $1,000,000 personal security
bond . Signed by Judge Torres on 7/18/06. (LGK, ) (Entered:
07/26/2006)
07/18/2006 Arrest of defendant Lori Beth Kaplan-Multz: date of arrest: 7/18/06
(CMA) (Entered: 08/16/2006)
07/24/2006 10 Summons Returned Executed on 7/16/2006 as to Betonsports PLC.
(ARL) (Entered: 07/25/2006)
07/25/2006 11 Rule 5(c)(3) Documents Received as to William Luis Lenis consisting of
docket sheet, order of removal, waiver of removal hearing, attorney
appearance form, intial appearance papers, order unsealing indictment,
and indictment. (LGK, ) (Entered: 07/26/2006)
07/25/2006 14 Rule 5(c)(3) Documents Received as to Monica Lenis consisting of
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docket sheet, order of removal, waiver of removal hearing, initial
appearance papers, and indictment. (LGK, ) (Entered: 07/26/2006)
07/25/2006 17 Rule 5(c)(3) Documents Received as to William Hernan Lenis consisting
of docket sheet, order of removal, waiver of removal hearing, initial
appearance papers, and indictment (LGK, ) (Entered: 07/26/2006)
07/25/2006 20 Warrant Returned Executed on 7/17/06 in case as to Manny Gustavo
Lenis re: indictment (LGK, ) (Entered: 07/26/2006)
07/25/2006 21 Warrant Returned Executed on 7/17/06 in case as to William Luis Lenis
re: indictment (LGK, ) (Entered: 07/26/2006)
07/25/2006 22 Warrant Returned Executed on 7/18/06 in case as to Monica Lenis re:
indictment (LGK, ) (Entered: 07/26/2006)
07/25/2006 23 Warrant Returned Executed on 7/18/06 in case as to William Hernan
Lenis re: indictment (LGK, ) (Entered: 07/26/2006)
07/26/2006 24 Rule 5(c)(3) Documents Received as to David Carruthers (CMA)
(Entered: 07/26/2006)
07/26/2006 25 ORDER HOLDING DEFENDANT TO ANSWER AND TO APPEAR
IN DISTRICT OF PROSECUTION OR DISTRICT HAVING
PROBATION JURISDICTION as to David Carruthers: The Deft having
appeared before this Court pursuant to Rule 5 Federal Rules of Criminal
Procedure, and proceedings having been concluded, and Deft ordered
detained; It is ordered that the Deft is detained w/o bond and ordered
removed to the Charging District; Signed by Judge Charles Bleil on
7/21/06 (CMA) (Entered: 07/26/2006)
07/26/2006 26 CJA 23 Financial Affidavit by David Carruthers signed on 7/17/06
(CMA) (Entered: 07/26/2006)
07/27/2006 28 MOTION for Leave to Appear Pro Hac Vice Attorney: Robert Katzberg.
by Lori Beth Kaplan-Multz. (LGK, ) (Entered: 07/28/2006)
07/27/2006 Receipt # S2006-009639 in the amount of $100.00 for ATTORNEY
ADM. FEE - PHV on behalf of KATZBERG, ROBERT F.. (CSW,)
(Entered: 07/31/2006)
07/28/2006 27 ENTRY OF ATTORNEY APPEARANCE Marty Woelfle appearing for
USA. (Woelfle, Marty) (Entered: 07/28/2006)
07/28/2006 29 MOTION for Leave to Appear Pro Hac Vice Attorney: Brian Steel. by
Neil Scott Kaplan. Receipt #S2006-9675. (ARL) (Entered: 07/31/2006)
07/28/2006 Receipt # S2006-009675 in the amount of $100.00 for ATTORNEY
ADM. FEE - PHV on behalf of STEEL, BRIAN. (CSW,) (Entered:
07/31/2006)
07/31/2006 Docket Text ORDER as to Lori Beth Kaplan-Multz re 28 MOTION for
Leave to Appear Pro Hac Vice Attorney: Robert Katzberg. filed by Lori
Beth Kaplan-Multz: Ordered: GRANTED . Signed by Judge Mary Ann
L. Medler on 7/31/06. (MLM) (Entered: 07/31/2006)
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07/31/2006 Docket Text ORDER as to Neil Scott Kaplan re 29 MOTION for Leave
to Appear Pro Hac Vice Attorney: Brian Steel. filed by Neil Scott
Kaplan: Ordered: GRANTED . Signed by Judge Mary Ann L. Medler on
7/31/06. (MLM) (Entered: 07/31/2006)
07/31/2006 30 MOTION for Leave to Appear Pro Hac Vice Attorney: Ralph Timothy
(Tim) Evans by David Carruthers; Receipt #S2006-9687; (DJO)
(Entered: 07/31/2006)
07/31/2006 31 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to Neil Scott Kaplan (3)
Count 1r held on 7/31/2006; Evidentiary Hearing set for 8/21/2006 09:30
AM in Courtroom 13S before Mag Judge Mary Ann L. Medler; (FTR
Gold Operator: D. O'Leary.) (FTR Gold : yes.) (proceedings started:
11:43 a.m.) (proceedings ended: 11:47 a.m.) (Defendant Location: bond.)
(DJO) (Entered: 07/31/2006)
07/31/2006 32 ORDER CONCERNING PRETRIAL MOTIONS as to Neil Scott
Kaplan; Forthwith each party may propound to opposing party and may
file w/the court any request for pretrial disclosure of evidence or
information not later than forthwith; The parties shall respond to any
such request for pretrial disclosure not later than 08/20/2006; Counsel for
defendant to file with the court a memorandum if defendant chooses not
to file any pretrial motions not later than 08/15/2006; Criminal Pretrial
Motion due by 8/15/2006; Evidentiary Hearing set for 8/21/2006 09:30
AM in Courtroom 13S before Mag Judge Mary Ann L. Medler; Signed
by Judge Mary Ann L. Medler on 07/31/2006; (DJO) (Entered:
07/31/2006)
07/31/2006 33 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to Lori Beth Kaplan-Multz (4)
Count 1r held on 7/31/2006; Evidentiary Hearing set for 8/21/2006 09:30
AM in Courtroom 13S before Mag Judge Mary Ann L. Medler; (FTR
Gold Operator: D. O'Leary.) (FTR Gold : yes.) (proceedings started:
11:39 a.m.) (proceedings ended: 11:42 a.m.) (Defendant Location: bond.)
(DJO) (Entered: 07/31/2006)
07/31/2006 34 ORDER CONCERNING PRETRIAL MOTIONS as to Lori Beth
Kaplan-Multz Forthwith each party may propound to opposing party and
may file w/the court any request for pretrial disclosure of evidence or
information not later than forthwith. The parties shall respond to any such
request for pretrial disclosure not later than 08/20/2006. Counsel for
defendant to file with the court a memorandum if defendant chooses not
to file any pretrial motions not later than 08/15/2006. Evidentiary
Hearing set for 8/21/2006 09:30 AM in Courtroom 13S before Mag
Judge Mary Ann L. Medler; Signed by Judge Mary Ann L. Medler on
07/31/2006; (DJO) (Entered: 07/31/2006)
07/31/2006 35 MOTION for Leave to Appear Pro Hac Vice Attorney: Stephen Robert
Lacheen by Tim Brown; receipt #2006-9691; (DJO) (Entered:
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07/31/2006)
07/31/2006 36 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to Tim Brown (8) Count 1r
held on 7/31/2006 Attorney Stephen R. Lacheen for Tim Brown added;
Evidentiary Hearing set for 8/21/2006 09:30 AM in Courtroom 13S
before Mag Judge Mary Ann L. Medler;(FTR Gold Operator: D.
O'Leary.) (FTR Gold : yes.) (proceedings started: 11:47 a.m.)
(proceedings ended: 11:50 a.m.) (Defendant Location: bond.) (DJO)
(Entered: 07/31/2006)
07/31/2006 37 ORDER CONCERNING PRETRIAL MOTIONS as to Tim Brown
Forthwith each party may propound to opposing party and may file w/the
court any request for pretrial disclosure of evidence or information not
later than forthwith. The parties shall respond to any such request for
pretrial disclosure not later than 08/20/2006. Counsel for defendant to file
with the court a memorandum if defendant chooses not to file any pretrial
motions not later than 08/15/2006. Evidentiary Hearing set for 8/21/2006
09:30 AM in Courtroom 13S before Mag Judge Mary Ann L. Medler;
Signed by Judge Mary Ann L. Medler on 07/31/2006; (DJO) (Entered:
07/31/2006)
07/31/2006 38 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to DME Global Marketing &
Fulfillment, Inc. (10) Count 1r,2r held on 7/31/2006 Attorney Paul J.
D'Agrosa for DME Global Marketing & Fulfillment, Inc. added;
Evidentiary Hearing set for 8/21/2006 09:30 AM in Courtroom 13S
before Mag Judge Mary Ann L. Medler;(FTR Gold Operator: D.
O'Leary.) (FTR Gold : yes.) (proceedings started: 12:03 p.m.)
(proceedings ended: 12:06 p.m.) (DJO) (Entered: 07/31/2006)
07/31/2006 39 ORDER CONCERNING PRETRIAL MOTIONS as to DME Global
Marketing & Fulfillment, Inc. Forthwith each party may propound to
opposing party and may file w/the court any request for pretrial
disclosure of evidence or information not later than forthwith. The parties
shall respond to any such request for pretrial disclosure not later than
08/20/2006. Counsel for defendant to file with the court a memorandum
if defendant chooses not to file any pretrial motions not later than
08/15/2006; Evidentiary Hearing set for 8/21/2006 09:30 AM in
Courtroom 13S before Mag Judge Mary Ann L. Medler; Signed by Judge
Mary Ann L. Medler on 07/31/2006; (DJO) (Entered: 07/31/2006)
07/31/2006 40 MOTION for Leave to Appear Pro Hac Vice Attorney: Alan S. Ross by
William Hernan Lenis; receipt #S2006-9685; (DJO) (Entered:
07/31/2006)
07/31/2006 41 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to William Hernan Lenis (12)
Count 1r held on 7/31/2006 Attorney Alan S. Ross for William Hernan
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Lenis added. Evidentiary Hearing set for 8/21/2006 09:30 AM in
Courtroom 13S before Mag Judge Mary Ann L. Medler; (FTR Gold
Operator: D. O'Leary.) (FTR Gold : yes.) (proceedings started: 11:50
a.m.) (proceedings ended: 11:53 a.m.) (Defendant Location: bond.)
(DJO) (Entered: 07/31/2006)
07/31/2006 42 MOTION for Protective Order by USA as to defendant Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Tim Brown, William
Hernan Lenis, William Luis Lenis, Monica Lenis. (Attachments: # 1 Text
of Proposed Order # 2 Text of Proposed Order # 3 Affidavit Service)
(Woelfle, Marty) Modified on 8/1/2006 (DJO). (Entered: 07/31/2006)
07/31/2006 43 ORDER CONCERNING PRETRIAL MOTIONS as to William Hernan
Lenis Forthwith each party may propound to opposing party and may file
w/the court any request for pretrial disclosure of evidence or information
not later than forthwith. The parties shall respond to any such request for
pretrial disclosure not later than 08/20/2006. Counsel for defendant to file
with the court a memorandum if defendant chooses not to file any pretrial
motions not later than 08/15/2006. Evidentiary Hearing set for 8/21/2006
09:30 AM in Courtroom 13S before Mag Judge Mary Ann L. Medler;
Signed by Judge Mary Ann L. Medler on 07/31/2006; (DJO) (Entered:
07/31/2006)
07/31/2006 44 MOTION for Protective Order by USA as to defendant DME Global
Marketing & Fulfillment, Inc., Manny Gustavo Lenis. (Attachments: # 1
Text of Proposed Order # 2 Text of Proposed Order Certification# 3
Affidavit Service)(Woelfle, Marty) Modified on 8/1/2006 (DJO).
(Entered: 07/31/2006)
07/31/2006 45 MOTION to Designate as Complex by USA as to defendant Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Tim Brown, William
Hernan Lenis, William Luis Lenis, Monica Lenis. (Attachments: # 1 Text
of Proposed Order # 2 Affidavit Service)(Woelfle, Marty) Modified on
8/1/2006 (DJO). (Entered: 07/31/2006)
07/31/2006 46 MOTION to Designate as complex by USA as to defendant DME Global
Marketing & Fulfillment, Inc., Manny Gustavo Lenis. (Attachments: # 1
Text of Proposed Order # 2 Affidavit Service)(Woelfle, Marty) Modified
on 8/1/2006 (DJO). (Entered: 07/31/2006)
07/31/2006 47 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to William Luis Lenis (13)
Count 1r,13r held on 7/31/2006; Attorney Alan Ross appears for
defendant for ARRAIGNMENT ONLY; Evidentiary Hearing set for
8/21/2006 09:30 AM in Courtroom 13S before Mag Judge Mary Ann L.
Medler; (FTR Gold Operator: D. O'Leary.) (FTR Gold : yes.)
(proceedings started: 11:56 a.m.) (proceedings ended: 12:00 p.m.)
(Defendant Location: bond.) (DJO) (Entered: 07/31/2006)
07/31/2006 48 ORDER CONCERNING PRETRIAL MOTIONS as to William Luis
Lenis Forthwith each party may propound to opposing party and may file
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w/the court any request for pretrial disclosure of evidence or information
not later than Forthwith. The parties shall respond to any such request for
pretrial disclosure not later than 08/20/2006. Counsel for defendant to file
with the court a memorandum if defendant chooses not to file any pretrial
motions not later than 08/15/2006. Evidentiary Hearing set for 8/21/2006
09:30 AM in Courtroom 13S before Mag Judge Mary Ann L. Medler;
Signed by Judge Mary Ann L. Medler on 07/31/2006; (DJO) (Entered:
07/31/2006)
07/31/2006 49 MOTION for Leave to Appear Pro Hac Vice Attorney: John David
Bogenschutz by Monica Lenis; Receipt #S2006-9686; (DJO) (Entered:
07/31/2006)
07/31/2006 Receipt # S2006-009685 in the amount of $100.00 for ATTORNEY
ADM. FEE - PHV on behalf of LENIS, WILLIAM HERNAN. (CSW,)
(Entered: 07/31/2006)
07/31/2006 Receipt # S2006-009686 in the amount of $100.00 for ATTORNEY
ADM. FEE - PHV on behalf of LENIS, MONICA. (CSW,) (Entered:
07/31/2006)
07/31/2006 Receipt # S2006-009687 in the amount of $100.00 for ATTORNEY
ADM. FEE - PHV on behalf of CARRUTHERS, DAVID. (CSW,)
(Entered: 07/31/2006)
07/31/2006 Receipt # S2006-009691 in the amount of $100.00 for ATTORNEY
ADM. FEE - PHV on behalf of BROWN, TIM. (CSW,) (Entered:
07/31/2006)
07/31/2006 50 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to Monica Lenis (15) Count
1r,13r held on 7/31/2006; THE COURT EXCUSED DEFENDANT'S
APPEARANCE BASED ON HER AFFIDAVIT AND HER DOCTOR'S
CERTIFICATION; Evidentiary Hearing set for 8/21/2006 09:30 AM in
Courtroom 13S before Mag Judge Mary Ann L. Medler. (FTR Gold
Operator: D. O'Leary.) (FTR Gold : yes.) (proceedings started: 11:53
a.m.) (proceedings ended: 11:56 a.m.) (Defendant Location: bond.)
(DJO) (Entered: 08/01/2006)
07/31/2006 51 WAIVER of APPEARANCE by defendant Monica Lenis re Arraignment
w/ doctor's note attached; (DJO) (Entered: 08/01/2006)
07/31/2006 52 ORDER CONCERNING PRETRIAL MOTIONS as to Monica Lenis
Forthwith each party may propound to opposing party and may file w/the
court any request for pretrial disclosure of evidence or information not
later than forthwith. The parties shall respond to any such request for
pretrial disclosure not later than 08/20/2006. Counsel for defendant to file
with the court a memorandum if defendant chooses not to file any pretrial
motions not later than 08/15/2006. Evidentiary Hearing set for 8/21/2006
09:30 AM in Courtroom 13S before Mag Judge Mary Ann L. Medler;
Signed by Judge Mary Ann L. Medler on 07/31/2006; (DJO) (Entered:
08/01/2006)
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07/31/2006 53 Minute Entry for proceedings held before Judge Mary Ann L.
Medler:Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to David Carruthers (5) Count
1r held on 7/31/2006 Evidentiary Hearing set for 8/21/2006 09:30 AM
before Mag Judge Mary Ann L. Medler. (Court Reporter or FTR Gold
Operator initials: D. O'Leary.) (FTR Gold : yes.) (proceedings started:
4:01.) (proceedings ended: 4:09.) (Defendant Location: custody.) (LAH, )
(Entered: 08/01/2006)
07/31/2006 54 Rule 5(c)(3) Documents Received as to Manny Gustavo Lenis (LAH, )
(Entered: 08/01/2006)
07/31/2006 55 ORDER Setting Conditions of Release by Defendant Manny Gustavo
Lenis. Signed by United States Magistrate Judge - Southern District of
Florida on 7/19/06. (LAH, ) (Entered: 08/01/2006)
07/31/2006 56 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to Manny Gustavo Lenis (14)
Count 1r held on 7/31/2006 Attorney Richard H. Sindel for Manny
Gustavo Lenis added. Evidentiary Hearing set for 8/21/2006 09:30 AM
before Mag Judge Mary Ann L. Medler. (Court Reporter or FTR Gold
Operator initials: D. O'Leary.) (FTR Gold : yes.) (proceedings started:
12:00.) (proceedings ended: 12:02.) (Defendant Location: bond.) (LAH, )
(Entered: 08/01/2006)
07/31/2006 57 ORDER CONCERNING PRETRIAL MOTIONS as to Manny Gustavo
Lenis Forthwith each party may propound to opposing party and may file
w/the court any request for pretrial disclosure of evidence or information
not later than forthwith. The parties shall respond to any such request for
pretrial disclosure not later than 8/10/06. Counsel for defendant to file
with the court a memorandum if defendant chooses not to file any pretrial
motions not later than 8/21/06. Criminal Pretrial Motion due by
8/15/2006. Evidentiary Hearing set for 8/21/2006 09:30 AM before Mag
Judge Mary Ann L. Medler.Signed by Judge Mary Ann L. Medler on
7/31/06. (LAH, ) (Entered: 08/01/2006)
07/31/2006 58 Rule 5(c)(3) Documents Received as to Neil Scott Kaplan (LAH, )
(Entered: 08/01/2006)
07/31/2006 59 ORDER Setting Conditions of Release by Defendant Neil Scott Kaplan.
as to Neil Scott Kaplan (3) $100,000 CSB Signed by United States
Magistrate Judge, Southern District of Florida on 7/25/06. (LAH, )
(Entered: 08/01/2006)
07/31/2006 60 ORDER Setting Conditions of Release by Defendant Neil Scott Kaplan.
as to Neil Scott Kaplan (3) $900,000.00 - PSB Signed by United States
Magistrate Judge - Southern District of FL on 7/25/06. (LAH, ) (Entered:
08/01/2006)
08/01/2006 Docket Text ORDER as to David Carruthers, Tim Brown, William
Hernan Lenis, Monica Lenis: re 30 MOTION for Leave to Appear Pro
Hac Vice Attorney: Ralph Timothy (Tim) Evans, filed by David
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Carruthers; 49 MOTION for Leave to Appear Pro Hac Vice Attorney:
John David Bogenschutz, filed by Monica Lenis; 40 MOTION for Leave
to Appear Pro Hac Vice Attorney: Alan S. Ross, filed by William Hernan
Lenis; 35 MOTION for Leave to Appear Pro Hac Vice Attorney: Stephen
Robert Lacheen, filed by Tim Brown: Ordered GRANTED . Signed by
Judge Mary Ann L. Medler on 8/1/06. (MLM, ) (Entered: 08/01/2006)
08/03/2006 62 ORDER MODIFYING Conditions of Release by Defendant Lori Beth
Kaplan-Multz; Signed by Judge Mary Ann L. Medler on 08/03/2006;
(DJO) (Entered: 08/03/2006)
08/03/2006 ORDER RECEIPT: (see receipt) Thu Aug 3 09:22:34 CDT 2006 (DJO, )
(Entered: 08/03/2006)
08/03/2006 64 Warrant Returned Executed on 7/18/06 in case as to Lori Beth Kaplan-
Multz re: indictment (LAH, ) (Entered: 08/03/2006)
08/03/2006 65 Warrant Returned Executed on 7/21/06 in case as to Neil Scott Kaplan re:
indictment (LAH, ) (Entered: 08/03/2006)
08/03/2006 66 Warrant Returned Executed on 7/17/06 in case as to David Carruthers re:
indictment (LAH, ) (Entered: 08/03/2006)
08/03/2006 REMARK as to Lori Beth Kaplan-Multz: document 63 does not exist - it
was a duplicate of 61; (DJO) (Entered: 08/04/2006)
08/07/2006 67 Rule 5(c)(3) Documents Received as to Tim Brown (CMA) (Entered:
08/07/2006)
08/07/2006 68 Appearance Bond Entered as to defendant Tim Brown in the amount of
$150,000.00 Secured by Property; Signed by Steve Tomas, Deputy
Clerk, on 7/17/06 (CMA) (Entered: 08/07/2006)
08/08/2006 69 MOTION to Continue ; 8/21/06 evidentiary hearing and for enlargement
to file pre-trial motions by William Hernan Lenis. (Ross, Alan) (Entered:
08/08/2006)
08/08/2006 70 MOTION for Joinder Request for Enlargement of Time by Which to File
Pretrial Motions and for Continuance of Evidentiary/Waiver Hearing by
Manny Gustavo Lenis. (Sindel, Richard) (Entered: 08/08/2006)
08/09/2006 71 NOTICE by William Hernan Lenis of: Withdrawal of Motion to
Continue Evidentiary Hearing and For Enlargement of Time (Ross, Alan)
(Entered: 08/09/2006)
08/09/2006 72 Response to Order Concerning Pretrial Motions as to William Hernan
Lenis Request for Enlargement of Time by Which to File Pre-Trial
Motions and for Continuance of Evidentiary/Waiver Hearing (Ross,
Alan) (Entered: 08/09/2006)
08/09/2006 73 ENTRY OF ATTORNEY APPEARANCE: by N. Scott Rosenblum on
behalf of David Carruthers (Rosenblum, N.) (Entered: 08/09/2006)
08/09/2006 74 ENTRY OF ATTORNEY APPEARANCE: by Adam D. Fein on behalf
of David Carruthers (Fein, Adam) (Entered: 08/09/2006)
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08/10/2006 75 MOTION to Continue ; Order Concerning Pretrial Motions and to
Reschedule Deadlines by David Carruthers. (Evans, Ralph) (Entered:
08/10/2006)
08/10/2006 76 RESPONSE to Motion by David Carruthers re 45 MOTION for
Extension of Time - designate as complex (Evans, Ralph) (Entered:
08/10/2006)
08/11/2006 77 REPLY TO RESPONSE to Motion by USA as to Monica Lenis re 42
MOTION for Discovery Protective Order (Attachments: # 1 Text of
Proposed Order # 2 Affidavit Service)(Woelfle, Marty) (Entered:
08/11/2006)
08/11/2006 78 Joint MOTION for Reconsideration of Order Concerning Pre-Trial
Motions by Monica Lenis. (Bogenschutz, John) (Entered: 08/11/2006)
08/11/2006 79 RESPONSE to Motion by Monica Lenis re 42 MOTION for Discovery
Protective Order (Bogenschutz, John) (Entered: 08/11/2006)
08/11/2006 80 RESPONSE to Motion by USA as to Betonsports PLC, Gary Stephen
Kaplan, Neil Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers,
Peter Wilson, Norman Steinberg, Tim Brown, Direct Mail Expertise,
Inc., DME Global Marketing & Fulfillment, Inc., Mobile Promotions,
Inc., William Hernan Lenis, William Luis Lenis, Manny Gustavo Lenis,
Monica Lenis re 78 Joint MOTION for Reconsideration of Order
Concerning Pre-Trial Motions (Attachments: # 1 # 2)(***an, Michael)
(Entered: 08/11/2006)
08/14/2006 81 MOTION to Continue ; Deadlines for Filing Pretrial Motions by Neil
Scott Kaplan. (Steel, Brian) (Entered: 08/14/2006)
08/14/2006 Receipt # S2006-010227 in the amount of $1000000.00 for BOND-BAIL
on behalf of CARRUTHERS, DAVID. (CSW,) (Entered: 08/14/2006)
08/14/2006 94 AFFIDAVIT OF OWNERSHIP for David Carruthers in the amount of
$1,000,000.00 ; owner of bond Rickael Cheung's; (DJO) (Entered:
08/16/2006)
08/15/2006 82 ORDER AMENDING BAIL CONDITIONS as to defendant Tim Brown;
(See Order for details) Signed by Judge Mary Ann L. Medler on
08/15/2006; (DJO) (Entered: 08/15/2006)
08/15/2006 ORDER RECEIPT: (see receipt) Tue Aug 15 13:48:19 CDT 2006
(DJO, ) (Entered: 08/15/2006)
08/15/2006 83 REQUEST to Enlarge Time Within Which to File Pretrial Motions by
DME Global Marketing & Fulfillment, Inc. (D'Agrosa, Paul) (Modified
on 8/16/2006 to Edit Docket Text - CMA) (Entered: 08/15/2006)
08/15/2006 84 MOTION to Adopt the Joint Request for Modification of the Order
Concerning Pretrial Motions as to Manny Gustavo Lenis (Sindel,
Richard) (Note: This Document Was NOT Docketed Using the Motion
Event and Will NOT Appear on the Motion Report) (Modified on
8/16/2006 to Edit Docket Text - CMA) (Entered: 08/15/2006)
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08/15/2006 85 MOTION to Modify Conditions of Release by Lori Beth Kaplan-Multz.
(Attachments: # 1 Text of Proposed Order Amended Order)(Dowd,
Edward) (Entered: 08/15/2006)
08/16/2006 86 Minute Entry for proceedings held before Judge Mary Ann L.
Medler:Bond Execution as to David Carruthers held on 8/16/2006; Bond
executed in the amount of: $1,000,000.00; Evidentiary Hearing Set for
8/21/06 at 9:30 a.m. before Judge Medler; (Court Reporter or FTR Gold
Operator initials: C. Ahring) (FTR Gold: Yes) (proceedings started: 9:28)
(proceedings ended: 9:35) (Defendant Location: Bond) (CMA) (Entered:
08/16/2006)
08/16/2006 87 Appearance Bond Entered as to Defendant David Carruthers in the
amount of $1,000,000.00; Signed by Judge Mary Ann L. Medler on
8/16/06 (CMA) (Entered: 08/16/2006)
08/16/2006 ORDER RECEIPT: (see receipt) Wed Aug 16 12:48:58 CDT 2006
(CMA, ) (Entered: 08/16/2006)
08/16/2006 88 ORDER Setting Conditions of Release by Defendant David Carruthers:
Signed by Judge Mary Ann L. Medler on 8/16/06 (CMA) (Entered:
08/16/2006)
08/16/2006 ORDER RECEIPT: (see receipt) Wed Aug 16 12:52:00 CDT 2006
(CMA, ) (Entered: 08/16/2006)
08/16/2006 89 ORDER (Financial) as to David Carruthers: IT IS HEREBY ORDERED
that the $1,000,000.00 deposited in the Registry of the Court for the bond
of Deft David Carruthers be placed in an interest bearing account; Signed
by Judge Mary Ann L. Medler on 8/16/06 (CMA) (Entered: 08/16/2006)
08/16/2006 ORDER RECEIPT: (see receipt) Wed Aug 16 13:16:51 CDT 2006
(CMA, ) (Entered: 08/16/2006)
08/16/2006 90 AMENDED ORDER CONCERNING PRETRIAL MOTIONS: IT IS
HEREBY ORDERED that the various Motions for Extension of Time
and/or Adopt are GRANTED in part and DENIED in part 69 72 84 70 75
78 81 and 83; IT IS FURTHER ORDERED that pretrial motions shall be
filed no later than 8/29/06 subject to the below Order concerning waivers
of speedy trial; IT IS FURTHER ORDERED that an Evidentiary/Waiver
Hearing shall be held on 9/5/06 at 9:30 a.m. subject to the below Order
concerning waivers of speedy trial; IT IS FURTHER ORDERED,
provided that all Defts have filed a Waiver of Speedy Trial by 8/29/06,
the court will again amend the Scheduling Order to more closely follow
the proposed schedule in the government's Proposed Order attached its
Motion for Designation as a Complex Case; IT IS FURTHER
ORDERED that any motion to adopt the motions of another party will be
denied; granting in part and denying in part 81 Motion to Continue as to
Neil Scott Kaplan (3); granting in part and denying in part 75 Motion to
Continue as to David Carruthers (5); granting in part and denying in part
69 Motion to Continue as to William Hernan Lenis (12); granting in part
and denying in part 70 Motion for Joinder as to Manny Gustavo Lenis
(14); granting in part and denying in part 78 Motion for Reconsideration
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as to Monica Lenis (15); Criminal Pretrial Motion due by 8/29/2006;
Evidentiary Hearing set for 9/5/2006 09:30 AM in Courtroom 13S before
Mag Judge Mary Ann L. Medler; Signed by Judge Mary Ann L. Medler
on 8/16/06 (CMA) (Entered: 08/16/2006)
08/16/2006 ORDER RECEIPT: (see receipt) Wed Aug 16 15:08:14 CDT 2006
(CMA, ) (Entered: 08/16/2006)
08/16/2006 91 ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis - IT IS
HEREBY ORDERED that the government's Motion for Protective Order
as amended is GRANTED. 42 44 IT IS FURTHER ORDERED that
defendant Monica Lenis' objection to the government's Motion is
GRANTED in part and DENIED in part as more fully set out herein. To
the extent defendant Monica Lenis' requests two additional weeks to
discuss the Protective Order, the Motion is DENIED. 79 IT IS
FURTHER ORDERED that a Protective Order shall be filed
contemporaneously herewith. Signed by Judge Mary Ann L. Medler on
8/16/06. (LAH, ) (Entered: 08/16/2006)
08/16/2006 ORDER RECEIPT: (see receipt) Wed Aug 16 15:26:36 CDT 2006
(LAH, ) (Entered: 08/16/2006)
08/16/2006 92 PROTECTIVE ORDER (see order for specifics) Signed by Judge Mary
Ann L. Medler on 8/16/06. (LAH, ) (Entered: 08/16/2006)
08/16/2006 ORDER RECEIPT: (see receipt) Wed Aug 16 15:39:53 CDT 2006
(LAH, ) (Entered: 08/16/2006)
08/16/2006 93 ORDER as to William Luis Lenis - IT IS ORDERED that there shall be a
Status Conference concerning the representation of William Luis Lenis
on August 22, 2006 at 2:30 p.m. William Luis Lenis shall be present in
person or by counsel. Counsel may request a telephone conference if
appropriate. The failure to appear by William Luis Lenis or counsel may
result in adverse consequences to Mr. Lenis' bond conditions. Signed by
Judge Mary Ann L. Medler on 8/16/06. (LAH, ) (Entered: 08/16/2006)
08/16/2006 ORDER RECEIPT: (see receipt) Wed Aug 16 16:05:36 CDT 2006
(LAH, ) (Entered: 08/16/2006)
08/16/2006 95 AMENDED ORDER MODIFYING RELEASE CONDITIONS as to
Deft Lori Beth Kaplan Multz: Deft's Motion to Modify Release
Conditions is GRANTED 85; The Deft shall be supervised by the U.S.
Pretrial Services Office in St. Louis, MO with courtesy supervision by
the Pretrial Services Office of the SDNY, White Plains Division; (See
Order For Details); Signed by Judge Mary Ann L. Medler on 8/16/06
(Note: Copy Sent to Pretrial Services Office - EDMO) (CMA) (Modified
on 8/17/2006 to Add Deft Name - CMA) (Entered: 08/17/2006)
08/17/2006 ORDER RECEIPT: (see receipt) Thu Aug 17 10:50:45 CDT 2006
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(CMA, ) (Entered: 08/17/2006)
08/17/2006 96 ORDER: IT IS HEREBY ORDERED that the government's motion for
designation as a complex case 45 is granted; IT IS FURTHER
ORDERED that this action is complex w/i the meaning of the Speedy
Trial Act, 18 USC Section 3161, and, as such, time may be excluded
from the determination of compliance w/ the requirements of the Act;
Signed by Judge Carol E. Jackson on 8/17/06 (CMA) (Entered:
08/17/2006)
08/17/2006 ORDER RECEIPT: (see receipt) Thu Aug 17 15:09:59 CDT 2006
(CMA, ) (Entered: 08/17/2006)
08/17/2006 97 ENTRY OF ATTORNEY APPEARANCE: by James F. Bennett on
behalf of Lori Beth Kaplan-Multz as co-counsel (Bennett, James)
(Entered: 08/17/2006)
08/22/2006 98 ENTRY OF ATTORNEY APPEARANCE: by Susan Kister on behalf of
Neil Scott Kaplan (Kister, Susan) (Entered: 08/22/2006)
08/22/2006 99 ENTRY OF ATTORNEY APPEARANCE: by Burton Shostak on behalf
of William Luis Lenis (Shostak, Burton) (Entered: 08/22/2006)
08/22/2006 100 WAIVER of Speedy Trial by David Carruthers (ARL) (Entered:
08/22/2006)
08/23/2006 101 WAIVER by Lori Beth Kaplan-Multz ofSpeedy Trial Rights (Bennett,
James) (Entered: 08/23/2006)
08/23/2006 102 SECOND AMENDED ORDER CONCERNING PRETRIAL MOTIONS
as to Betonsports PLC, Gary Stephen Kaplan, Neil Scott Kaplan, Lori
Beth Kaplan-Multz, David Carruthers, Peter Wilson, Norman Steinberg,
Tim Brown, Direct Mail Expertise, Inc., DME Global Marketing &
Fulfillment, Inc., Mobile Promotions, Inc., William Hernan Lenis,
William Luis Lenis, Manny Gustavo Lenis, Monica Lenis; SEE ORDER
FOR FULL DETAILS ; Criminal Pretrial Motion due by 12/18/2006.
Evidentiary Hearing set for 1/22/2007 09:30 AM in Courtroom 13S
before Mag Judge Mary Ann L. Medler. Signed by Judge Mary Ann L.
Medler on 8/23/06. (ARL) (Entered: 08/23/2006)
08/25/2006 103 Joint MOTION for Reconsideration And To Vacate by Lori Beth Kaplan-
Multz. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Bennett,
James) (Entered: 08/25/2006)
08/25/2006 104 MEMORANDUM in Support by Lori Beth Kaplan-Multz re 103 Joint
MOTION for Reconsideration And To Vacate (Bennett, James) (Entered:
08/25/2006)
08/28/2006 105 RESPONSE to Motion by USA as to Neil Scott Kaplan, Lori Beth
Kaplan-Multz, David Carruthers, Tim Brown, DME Global Marketing &
Fulfillment, Inc., William Luis Lenis re 103 Joint MOTION for
Reconsideration And To Vacate (Attachments: # 1 Affidavit Service)
(Woelfle, Marty) (Entered: 08/28/2006)
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08/28/2006 106 NOTICE by DME Global Marketing & Fulfillment, Inc. of: filing of
corporate resolution (D'Agrosa, Paul) (Entered: 08/28/2006)
08/28/2006 107 WAIVER of Minimum Time to Trial by DME Global Marketing &
Fulfillment, Inc. (D'Agrosa, Paul) (Entered: 08/28/2006)
08/28/2006 108 MOTION to join MOTION for Reconsideration 103 by Manny Gustavo
Lenis. (Sindel, Richard) (Entered: 08/28/2006)
08/28/2006 109 WAIVER by Neil Scott Kaplan ofSpeedy Trial (Steel, Brian) (Entered:
08/28/2006)
08/28/2006 110 MOTION to Produce Grand Jury and Trial Jury Venire Materials by
Neil Scott Kaplan. (Steel, Brian) (Entered: 08/28/2006)
08/29/2006 Docket Text ORDER as to Manny Gustavo Lenis re 108 MOTION for
Reconsideration filed by Manny Gustavo Lenis: This motion is mis-
docketed. It should be docketed as a Motion to Join Joint Motion to
Reconsider and to Vacate. The Motion to Join is GRANTED . Signed by
Judge Mary Ann L. Medler on 8/29/06. (MLM) (Entered: 08/29/2006)
08/29/2006 111 ORDER; IT IS HEREBY ORDERED that all pleadings filed in this case
shall contain a Certificate of Service which includes all lawyers who have
entered their appearance in this case; Signed by Judge Mary Ann L.
Medler on 08/29/2006; (DJO) (Entered: 08/29/2006)
08/29/2006 113 WAIVER of Speedy Trial fld. by Monica Lenis (LAH, ) (Entered:
08/30/2006)
08/29/2006 114 WAIVER of Speedy Trial fld. by William Hernan Lenis (LAH, )
(Entered: 08/30/2006)
08/29/2006 115 WAIVER of Speedy Trial fld. by William Luis Lenis (LAH, ) (Entered:
08/30/2006)
08/29/2006 116 WAIVER of Speedy Trial fld. by Manny Gustavo Lenis (LAH, )
(Entered: 08/30/2006)
08/30/2006 112 RESPONSE to Motion by USA as to Neil Scott Kaplan re 110 MOTION
to Produce Grand Jury and Trial Jury Venire Materials (Attachments: #
1 Affidavit Service)(Woelfle, Marty) (Entered: 08/30/2006)
09/01/2006 117 WAIVER by Tim Brown of Speedy Trial Rights (Lacheen, Stephen)
(Entered: 09/01/2006)
09/06/2006 118 REPLY TO RESPONSE to Motion by Neil Scott Kaplan re 110
MOTION to Produce Grand Jury and Trial Jury Venire Materials (Steel,
Brian) (Entered: 09/06/2006)
09/07/2006 119 ORDER: IT IS HEREBY ORDERED that the Motion for Production of
Grand Jury Materials, to the extent it requests public materials, is
GRANTED pursuant to the explanation and comments of the Clerk of the
Court 110; IT IS FURTHER ORDERED that the Motion for Production
of Grand Jury Materials, to the extent it requests non-public materials, is
DENIED w/o prejudice at this time as more fully set out above 110; IT IS
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FURTHER ORDERED that the Motion for Production of Petit Jury
Materials is DENIED w/o prejudice at this time as more fully set out
above 110; granting in part and denying in part 110 Motion to Produce as
to Neil Scott Kaplan (3); Signed by Judge Mary Ann L. Medler on 9/7/06
(Attachments: # 1 Exhibit List # 2 Exhibit 1 # 3 Exhibit 2 # 4 Exhibit 3 #
5 Exhibit 4) (CMA) (Entered: 09/07/2006)
09/07/2006 120 ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis - IT IS
HEREBY ORDERED that defendants' Joint Motion to Reconsider is
GRANTED.[103-1] IT IS FURTHER ORDERED that defendants' Joint
Motion to Vacate is DENIED. [103-2] Signed by Judge Mary Ann L.
Medler on 9/7/06. (LAH, ) (Entered: 09/07/2006)
09/11/2006 121 Corrected WAIVER by Tim Brown of Speedy Trial Rights (Lacheen,
Stephen) (Modified on 9/12/2006 to Add Docket Text - CMA) (Entered:
09/11/2006)
09/19/2006 122 ENTRY OF ATTORNEY APPEARANCE: by Jeffrey T. Demerath on
behalf of Betonsports PLC (Demerath, Jeffrey) (Entered: 09/19/2006)
09/25/2006 123 MOTION to Travel (unopposed) by William Hernan Lenis. (Ross, Alan)
(Entered: 09/25/2006)
09/26/2006 Docket Text ORDER as to William Hernan Lenis re 123 MOTION to
Travel (unopposed) filed by William Hernan Lenis: Ordered:
GRANTED . Signed by Judge Mary Ann L. Medler on 9/26/06. (MLM)
(Entered: 09/26/2006)
09/27/2006 124 MOTION to Modify Conditions of Release Modify Bond Conditions by
William Luis Lenis. (Shostak, Burton) (Entered: 09/27/2006)
09/28/2006 125 ORDER; IT IS HEREBY ORDERED that defendant William Luis Lenis'
Motion to Modify Bond Conditions is GRANTED 124; IT IS FURTHER
ORDERED that defendant William Luis Lenis' Bond Conditions are
modified as follows: Defendant Williams Luis Lenis shall reside at 17845
N.W. Fifteenth Street, Pembroke Pines, Florida and the drug testing
condition is vacated; Signed by Judge Mary Ann L. Medler on
09/28/2006; (DJO) (Entered: 09/28/2006)
10/10/2006 126 Rule 5(c)(3) Documents Received as to Lori Beth Kaplan-Multz (KCM, )
(Entered: 10/13/2006)
10/10/2006 127 ORDER Setting Conditions of Release by Defendant Lori Beth Kaplan-
Multz. Signed by Judge George A. Yentis, USMJ, SDNY on 10/10/06.
(KCM, ) (Entered: 10/13/2006)
10/10/2006 128 secured Bond Entered as to defendant Lori Beth Kaplan-Multz in amount
of $ $500,000 . Signed by USMJ Judge, SDNY on 10/10/06. (KCM, )
(Entered: 10/13/2006)
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10/16/2006 129 MOTION to Travel to Orlando, Flordia by Manny Gustavo Lenis.
(Sindel, Richard) (Entered: 10/16/2006)
10/17/2006 130 First MOTION to Modify Conditions of Release by David Carruthers.
(Rosenblum, N.) (Entered: 10/17/2006)
10/18/2006 Docket Text ORDER as to Manny Gustavo Lenis . Defendant's Motion
for Leave to Travel to Orlando, Florida on October 20, 2006 and return to
his residence on October 22, 2006 is GRANTED. [Doc. 129] In addition,
defendant shall advise his Pretrial Services Officer of the time of his
departure, where he will be staying in Orlando, and the time of his return
to his residence. Signed by Judge Mary Ann L. Medler on 10/18/2006.
(sck) (Entered: 10/18/2006)
10/20/2006 131 MOTION for Bill of Particulars by Tim Brown. (Attachments: # 1
Exhibit A)(Lacheen, Stephen) (Entered: 10/20/2006)
10/20/2006 132 REQUEST for Discovery as to Tim Brown Request for Additional
Discovery (Attachments: # 1 Exhibit A# 2 Exhibit B)(Lacheen, Stephen)
(Entered: 10/20/2006)
10/20/2006 133 REQUEST for Discovery as to William Hernan Lenis In Support of
Selective Prosecution (Attachments: # 1 Appendix # 2 Appendix # 3 # 4
Appendix # 5 Appendix # 6 Appendix)(Ross, Alan) (Entered:
10/20/2006)
10/20/2006 134 MOTION for Bill of Particulars by Neil Scott Kaplan. (Attachments: # 1
Exhibit Letter to AUSA ***an and AUSA Woelfle)(Steel, Brian)
(Entered: 10/20/2006)
10/20/2006 135 REQUEST for Discovery as to Lori Beth Kaplan-Multz and for
Particulars (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8)(Bennett, James)
(Entered: 10/20/2006)
10/20/2006 136 REQUEST for Discovery as to William Luis Lenis "Additional
Discovery" (Shostak, Burton) (Entered: 10/20/2006)
10/20/2006 137 MOTION for Joinder /to Adopt William Hernan Lenis's Request for
Discovery and Support of Selected Prosecution Claim and Memorandum
of Law In Support by William Luis Lenis. (Shostak, Burton) (Entered:
10/20/2006)
10/20/2006 138 MOTION for Bill of Particulars by William Luis Lenis. (Shostak,
Burton) (Entered: 10/20/2006)
10/21/2006 139 Letter Regarding Discovery as to David Carruthers informal request for
particulars (Rosenblum, N.) (Entered: 10/21/2006)
10/23/2006 140 ORDER - IT IS HEREBY ORDERED that defendant's Motion to Modify
Conditions of Release is GRANTED in part and DENIED in part as
follows: (7)(r)(iii) Defendant may leave his residence for two hours
twicedaily. After each two hour period defendant must return to and
remainat his residence for a least a one hour period. 130 Motion to
Modify Conditions of Release as to David Carruthers (5). Signed by
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Judge Mary Ann L. Medler on 10/23/06. (ARL) (Entered: 10/23/2006)
10/23/2006 141 MOTION for Leave to File Request for Bill of Particulars by Manny
Gustavo Lenis. (Sindel, Richard) (Entered: 10/23/2006)
10/23/2006 142 REQUEST for Discovery as to Manny Gustavo Lenis Request for Bill of
Particulars (Attachments: # 1 Exhibit A)(Sindel, Richard) (Entered:
10/23/2006)
10/23/2006 143 REQUEST for Discovery as to Manny Gustavo Lenis Request to Adopt
William Hernan Lenis Request for Discovery (Sindel, Richard) (Entered:
10/23/2006)
10/24/2006 Docket Text ORDER as to Manny Gustavo Lenis re 141 MOTION for
Leave to File Request for Bill of Particulars filed by Manny Gustavo
Lenis: Ordered: Leave to File GRANTED . Signed by Judge Mary Ann
L. Medler on 10/24/06. (MLM) (Entered: 10/24/2006)
10/24/2006 144 ORDER as to Neil Scott Kaplan - IT IS HEREBY ORDERED that if
defendant Neil S. Kaplan desires the production of additional grand jury
materials, such request be made by motion. The government shall have
ten days thereafter to respond. Signed by Judge Mary Ann L. Medler on
10/24/06. (LAH, ) (Entered: 10/24/2006)
10/24/2006 145 ORDER - IT IS HEREBY ORDERED that the Request of Defendant
William Luis Lenis to Adopt William Hernan Lenis's Request for
Discovery in Support of Selective Prosecution Claim and Memorandum
of Law in Support is DENIED. 137 Signed by Judge Mary Ann L.
Medler on 10/24/06. (LAH, ) (Entered: 10/24/2006)
10/27/2006 146 MOTION to Modify Conditions of Release by Lori Beth Kaplan-Multz.
(Bennett, James) (Entered: 10/27/2006)
10/30/2006 147 SECOND AMENDED ORDER MODIFYING CONDITIONS OF
RELEASE -- IT IS HEREBY ORDERED that defendant Lori Beth
Kaplan Multz's Motion to Modify Conditions of Release Conditions is
GRANTED. 146 FURTHER ORDERED that as agreed between the US
and Defendant Multz, and ordered by the court this date, this court's
original Order dated August 3, 2006 is amended as follows: 1)The
defendant's geographical bail limitations shall be extended to include
Passaic, Bergen and Essex Counties, New Jersey. 2) All other conditions
remain in full force and effect. Signed by Judge Mary Ann L. Medler on
10/30/06. (KCM, ) (Entered: 10/30/2006)
11/03/2006 148 MOTION for Leave to File Request to File Oversize Pleading and
Motion to Seal by USA as to defendant Betonsports PLC, Gary Stephen
Kaplan, Neil Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers,
Peter Wilson, Norman Steinberg, Tim Brown, Direct Mail Expertise,
Inc., DME Global Marketing & Fulfillment, Inc., Mobile Promotions,
Inc., William Hernan Lenis, William Luis Lenis, Manny Gustavo Lenis,
Monica Lenis. (Attachments: # 1)(***an, Michael) (Entered: 11/03/2006)
11/03/2006 149 ORDER as to Betonsports PLC, et al., - IT IS HEREBY ORDERED that:
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(1) Request of the United States to file an oversize pleading is
GRANTED 148 (2) The motion of the United States to seal the
consolidated response and its attachments is GRANTED. 148 Copies of
the consolidated response may be delivered to defense counsel, which
copies are subject to this Order and the Protective Order issued by this
Court on August 16, 2006 92 The consolidated response and its
attachments shall remain sealed until further order of this Court. Signed
by Judge Mary Ann L. Medler on 11/3/06. (LAH, ) (Entered:
11/03/2006)
11/06/2006 150 CONSOLIDATED RESPONSE to Requests for Additional Discovery
and Bills of Particular by USA. FILED UNDER SEAL (KCM, )
(Entered: 11/06/2006)
11/07/2006 151 MOTION for Discovery by Lori Beth Kaplan-Multz. (Katzberg, Robert)
(Entered: 11/07/2006)
11/08/2006 Docket Text ORDER as to Lori Beth Kaplan-Multz re 151 MOTION for
Discovery filed by Lori Beth Kaplan-Multz: This document is incorrectly
docketed as a Motion for discovery. It is actually a Request to Reply to
the government's responses for additional discovery. Ordered: The
Request to Reply is GRANTED and the Reply is due within 5 days of
this order. . Signed by Judge Mary Ann L. Medler on 11/8/06. (MLM)
(Entered: 11/08/2006)
11/08/2006 152 MOTION to Modify Conditions of Release / Bond Conditions by
William Luis Lenis. (Shostak, Burton) (Entered: 11/08/2006)
11/09/2006 153 LORI BETH KAPLAN MULTZ'S REPLY TO GOVERNMENT'S
CONSOLIDATED RESPONSE TO REQUESTS FOR DISCOVERY
AND PARTICULARS [150] as to Lori Beth Kaplan-Multz (ARL)
(Entered: 11/09/2006)
11/09/2006 154 SECOND ORDER MODIFYING BOND CONDITIONS granting 152
Motion to Modify Conditions of Release as to William Luis Lenis (13).
See Order for full details... Signed by Judge Mary Ann L. Medler on
11/9/06. (ARL) (Entered: 11/09/2006)
11/14/2006 155 REPLY to Discovery as to William Hernan Lenis (William Hernan Lenis
Reply to Government's Response to Request for Additional Discovery)
(Ross, Alan) (Entered: 11/14/2006)
11/17/2006 156 MOTION to Modify Conditions of Release by Neil Scott Kaplan.
(Attachments: # 1 Text of Proposed Order Proposed Order Modifying
Bond)(Steel, Brian) (Entered: 11/17/2006)
11/21/2006 157 ORDER; IT IS HEREBY ORDERED that defendant Neil Scott Kaplan's
Motion for Modification of Bond 156 is GRANTED; (See order for
further details); Signed by Judge Mary Ann L. Medler on 11/21/2006;
(DJO) (Entered: 11/22/2006)
12/05/2006 158 Supplemental MOTION for Disclosure of Grand Jury Materials by Neil
Scott Kaplan. (Attachments: # 1 Text of Proposed Order Proposed Order
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Granting Supplememntal Production of Grand Jury Materials)(Steel,
Brian) (Entered: 12/05/2006)
12/05/2006 159 AMENDMENT/SUPPLEMENTAL PLEADING by defendant Neil Scott
Kaplan regarding 158 Supplemental MOTION for Disclosure of Grand
Jury Materials filed by Neil Scott Kaplan, (Steel, Brian) (Entered:
12/05/2006)
12/06/2006 160 NOTICE by Neil Scott Kaplan of: Filing of Exhibit (Attachments: # 1
Exhibit Letter)(Kister, Susan) (Entered: 12/06/2006)
12/11/2006 161 RESPONSE in Opposition by USA as to Neil Scott Kaplan re 158
Supplemental MOTION for Disclosure of Grand Jury Materials
(Woelfle, Marty) (Entered: 12/11/2006)
12/12/2006 162 MOTION for Leave to: File Supplemental Response to Defendant
William Hernan Lenis' Request for Discovery in Support of Claim of
Selective Prosecution 133by USA as to defendant William Hernan Lenis.
(Attachments: # 1 Text of Proposed Order # 2 Supplemental Response)
(ARL) (Entered: 12/12/2006)
12/13/2006 Docket Text ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil
Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis re 162
MOTION for Leave to: File Supplemental Response filed by USA:
Ordered: Leave to File GRANTED . Signed by Judge Mary Ann L.
Medler on 12/13/06. (MLM) (Entered: 12/13/2006)
12/13/2006 163 ORDER; IT IS HEREBY ORDERED that defendant Neil Scott Kaplan's
Motion for Bill of Particulars is DENIED 134; IT IS FURTHER
ORDERED that defendant Tim Brown's Motion for Bill of Particulars is
DENIED 131; IT IS FURTHER ORDERED that defendant William Luis
Lenis' Motion for Bill of Particulars is DENIED 138; IT IS FURTHER
ORDERED that all other requests for a Bill of Particulars were
appropriately refused by the government and would be denied by this
court if docketed as motions 135 142 139; Signed by Judge Mary Ann L.
Medler on 12/13/2006; (DJO) (Entered: 12/13/2006)
12/14/2006 164 MOTION to Travel by Monica Lenis. (Bogenschutz, John) (Entered:
12/14/2006)
12/14/2006 165 First MOTION for Extension of Time to File Pretrial Motions by David
Carruthers. (Rosenblum, N.) (Entered: 12/14/2006)
12/15/2006 Docket Text ORDER as to Monica Lenis re 164 MOTION to Travel filed
by Monica Lenis: Ordered: GRANTED . Signed by Judge Mary Ann L.
Medler on 12/15/06. (MLM) (Entered: 12/15/2006)
12/15/2006 Docket Text ORDER as to David Carruthers re 165 First MOTION for
Extension of Time to File Pretrial Motions filed by David Carruthers:
Ordered: GRANTED IN PART AND DENIED IN PART.
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Motions/waiver to be filed no later than January 12, 2006 . Signed by
Judge Mary Ann L. Medler on 12/15/06. (MLM) (Entered: 12/15/2006)
12/15/2006 166 ENTRY OF ATTORNEY APPEARANCE: by Gilbert C. Sison on behalf
of Betonsports PLC, David Carruthers (Sison, Gilbert) (Entered:
12/15/2006)
12/18/2006 167 Joint MOTION to Dismiss Indictment/Counts by Neil Scott Kaplan as to
defendant Neil Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers,
Peter Wilson, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis.
(Attachments: # 1 Memorandum in Support of Motion to Dismiss)(Steel,
Brian) (Entered: 12/18/2006)
12/18/2006 168 MOTION to Change Venue or Transfer Case by Lori Beth Kaplan-Multz.
(Attachments: # 1 Affidavit # 2 Affidavit # 3 Affidavit # 4 Supplement)
(Katzberg, Robert) (Entered: 12/18/2006)
12/18/2006 169 MOTION for Extension of Time to File Pretrial Motions to 1-12-07 by
Manny Gustavo Lenis. (Sindel, Richard) (Entered: 12/18/2006)
12/18/2006 170 REPLY TO RESPONSE to Motion by Neil Scott Kaplan re 158
Supplemental MOTION for Disclosure of Grand Jury Materials (Kister,
Susan) (Entered: 12/18/2006)
12/18/2006 171 MOTION for Extension of TIME IN WHICH TO FILE PRETRIAL
MOTIONS by William Luis Lenis. (Shostak, Burton) (Entered:
12/18/2006)
12/18/2006 173 MOTION to Dismiss Indictment/Counts for Selective Prosecution and
Motion for Discovery in Support of Same by William Hernan Lenis.
(Ross, Alan) (Entered: 12/18/2006)
12/18/2006 174 MOTION to Dismiss Indictment/Counts for Violation of United States
Treaty by William Hernan Lenis. (Ross, Alan) (Entered: 12/18/2006)
12/18/2006 175 NOTICE by William Hernan Lenis of: Joiunder in Defendant's "Joint
Motion to Dismiss the Bill of Indictment as to Count I-Rico Conspiracy
or Parts Thereof" and Defendant's Joint Memorandum of Law in Support
of the Motion to Dismiss the Bill of Indictment" Filed by Counsel on
Behalf of Defendant, Neil Scott Kaplan (Ross, Alan) (Entered:
12/18/2006)
12/18/2006 176 Memorandum in Support of Motion to Transfer Pursuant to Rule 21(b)
by William Hernan Lenis. (Ross, Alan) Modified on 12/19/2006 (LAH, ).
(Entered: 12/18/2006)
12/18/2006 177 First MOTION for Extension of Time in which to file Pretrial Motions by
Tim Brown. (Lacheen, Stephen) (Entered: 12/18/2006)
12/18/2006 178 MOTION for Reconsideration of Magistrate Judge's Order Denying Bill
of Particulars by Tim Brown. (Attachments: # 1)(Lacheen, Stephen)
(Entered: 12/18/2006)
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12/18/2006 179 MOTION to Dismiss Indictment/Counts MOTION TO DISMISS FOR
VIOLATION OF UNITED STATES TREATY by Monica Lenis.
(Bogenschutz, John) (Entered: 12/18/2006)
12/18/2006 180 MOTION to Dismiss Indictment/Counts MOTION TO DISMISS FOR
SELECTIVE PROSECUTION AND MOTION FOR DISCOVERY IN
SUPPORT OF SAME by Monica Lenis. (Bogenschutz, John) (Entered:
12/18/2006)
12/18/2006 181 MOTION for Extension of Time to File by Lori Beth Kaplan-Multz.
(Dowd, Edward) (Entered: 12/18/2006)
12/18/2006 182 MOTION to Change Venue or Transfer Case by Monica Lenis.
(Bogenschutz, John) (Entered: 12/18/2006)
12/18/2006 183 MOTION for Extension of Time to File MOTION FOR EXTENSION OF
TIME IN WHICH TO FILE ADDITIONAL MOTIONS by Monica Lenis.
(Bogenschutz, John) (Entered: 12/18/2006)
12/18/2006 184 Defendant Monica Lenis' NOTICE of JOINDER In "DEFENDANTS'
Joint Motion To Dismiss The Bill of Indictment As To Count I - Rico
Conspiracy or Parts Thereof" and "Defendant's Joint Memorandum of
Law In Support of the Motion To Dismiss The Bill of Indictment" filed
by Counsel On Behalf of Defendant, Neil Scott Kaplan (Bogenschutz,
John) Modified on 12/19/2006 (LAH, ). (Entered: 12/18/2006)
12/18/2006 185 MOTION to Sever Defendant MOTION FOR SEVERANCE by Monica
Lenis. (Bogenschutz, John) (Entered: 12/18/2006)
12/18/2006 186 MEMORANDUM in Support by Lori Beth Kaplan-Multz re 168
MOTION to Change Venue or Transfer Case (Dowd, Edward) (Entered:
12/18/2006)
12/19/2006 REMARK - Document #172 deleted due to atty docketing error. (LAH, )
(Entered: 12/19/2006)
12/19/2006 187 RESPONSE to Motion by Lori Beth Kaplan-Multz, David Carruthers,
Tim Brown, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis as
to Betonsports PLC, Gary Stephen Kaplan, Neil Scott Kaplan, Lori Beth
Kaplan-Multz, David Carruthers, Peter Wilson, Norman Steinberg, Tim
Brown, Direct Mail Expertise, Inc., DME Global Marketing &
Fulfillment, Inc., Mobile Promotions, Inc., William Hernan Lenis,
William Luis Lenis, Manny Gustavo Lenis, Monica Lenis re 181
MOTION for Extension of Time to File, 169 MOTION for Extension of
Time to File Pretrial Motions to 1-12-07, 165 First MOTION for
Extension of Time to File Pretrial Motions, 171 MOTION for Extension
of TIME IN WHICH TO FILE PRETRIAL MOTIONS, 183 MOTION
for Extension of Time to File MOTION FOR EXTENSION OF TIME IN
WHICH TO FILE ADDITIONAL MOTIONS, 177 First MOTION for
Extension of Time in which to file Pretrial Motions (Woelfle, Marty)
(Entered: 12/19/2006)
12/19/2006 188 NOTICE by Tim Brown of: Praecipe (Lacheen, Stephen) (Entered:
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12/19/2006)
12/19/2006 189 MOTION for Extension of Time to File Additional Motions by William
Hernan Lenis. (Ross, Alan) (Entered: 12/19/2006)
12/19/2006 Docket Text ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil
Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis:
NOTICE: The parties are hereby notified that the court intends to grant,
at least in part, the various pending motions for extension of time to file
pretrial motions. Motions need not be filed until aftr this court issues a
comprehensive Third Amended Case Management Order . Signed by
Judge Mary Ann L. Medler on 12/19/06. (MLM, ) (Entered: 12/19/2006)
12/22/2006 190 OBJECTION/RESPONSE to Pretrial Order by Lori Beth Kaplan-Multz
(Dowd, Edward) (Entered: 12/22/2006)
12/22/2006 191 ORAL MOTION re. Objections to Order by Lori Beth Kaplan-Multz.
(Dowd, Edward) (Entered: 12/22/2006)
12/28/2006 192 SCHEDULING ORDER as to Betonsports PLC - Arraignment set for
1/5/2007 09:30 AM in Courtroom 13S before Mag Judge Mary Ann L.
Medler. Signed by Judge Mary Ann L. Medler on 12/28/06. (ARL)
(Entered: 12/28/2006)
12/28/2006 193 THIRD AMENDED ORDER CONCERNING PRETRIAL MOTIONS -
IT IS HEREBY ORDERED that the government's request for a Uniform
Pretrial Schedule is GRANTED. 187IT IS FURTHER ORDERED that
the court's docket text Order of December 15, 2006 as to David
Carruthers' Motion for Extension of Time is VACATED. 165IT IS
FURTHER ORDERED that paragraphs 5-8 of the court's Second
Amended OrderConcerning Pretrial Motions dated August 23, 2006 are
VACATED.IT IS FURTHER ORDERED that the Motions for Extension
of Time filed by DavidCarruthers 165; Tim Brown 177; Lori Kaplan
Multz 181; Monica Lenis 183; Manny G. Lenis 169; and William Luis
Lenis 171 are GRANTED in part and DENIED in part as more fully set
out below. IT IS FURTHER ORDERED that the following schedule
shall apply TO ALL DEFENDANTS IN THIS CASE:1. No later than
February 2, 2007 all parties shall file Evidentiary or other pretrial
motions or a notice of intent to waive the filing of pretrial motions.2. No
later than February 16, 2007 all responses shall be filed.3. No later than
February 23, 2007 all replies shall be filed.4. There shall be an
Evidentiary Hearing/Waiver Hearing on March 2, 2007 at 9:30 A.M.
Signed by Judge Mary Ann L. Medler on 12/28/06. (ARL) (Entered:
12/28/2006)
01/03/2007 194 MOTION to Modify Conditions of Release by Tim Brown. (Lacheen,
Stephen) (Entered: 01/03/2007)
01/04/2007 Docket Text ORDER as to Tim Brown re 194 MOTION to Modify
Conditions of Release filed by Tim Brown: Ordered: GRANTED.
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Defendant shall be permitted to travel to Wakefield, Massachusetts on
Friday, January 5, 2007 to attend the funeral of his grandmother and shall
return to his residence before midnight January 6, 2007, subject to the
conditions set out in defendant's motion. All other conditions of bail shall
remain in full force and effect . Signed by Judge Mary Ann L. Medler on
1/4/07. (MLM) (Entered: 01/04/2007)
01/05/2007 195 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Minutes for arraignment as to Betonsports PLC held on
1/5/2007; AUSA present; Defendant failed to appear. (FTR Gold
Operator initials: DJO) (FTR Gold : yes.) (proceedings started: 9:33 a.m.)
(proceedings ended: 9:37 a.m.) (ARL) (Entered: 01/09/2007)
01/09/2007 196 ENTRY OF ATTORNEY APPEARANCE: by Robert F. Epperson, Jr on
behalf of Lori Beth Kaplan-Multz (Epperson, Robert) (Entered:
01/09/2007)
01/09/2007 197 MOTION for Order to Show Cause regarding failure to appear by USA
as to defendant Betonsports PLC, Direct Mail Expertise, Inc., Mobile
Promotions, Inc.. (Woelfle, Marty) (Entered: 01/09/2007)
01/10/2007 200 ORDER as to Betonsports PLC, Direct Mail Expertise, Inc., Mobile
Promotions, Inc. - IT IS HEREBY ORDERED that a plea of NOT
GUILTY is entered for the following defendants: BetOnSports, PLC,
Direct Mail Expertise, Inc. and Mobile Promotions, Inc. IT IS FURTHER
ORDERED that the court's previously entered Third Amended Order
Concerning Pretrial Motions 193 applies to these defendants.Signed by
Judge Mary Ann L. Medler on 1/10/07. (LAH, ) (Entered: 01/11/2007)
01/10/2007 202 Summons Returned Executed on 7/19/06. as to Mobile Promotions, Inc.
(LGK, ) (Entered: 01/11/2007)
01/10/2007 203 Summons Returned Executed on 7/19/06. as to Direct Mail Expertise,
Inc. (LGK, ) (Entered: 01/11/2007)
01/10/2007 204 Summons Returned Executed on 7/19/06. as to DME Global Marketing
& Fulfillment, Inc. (LGK, ) (Entered: 01/11/2007)
01/11/2007 198 MOTION to Modify Conditions of Release by Lori Beth Kaplan-Multz.
(Epperson, Robert) (Entered: 01/11/2007)
01/11/2007 199 MOTION to Modify Conditions of Release Amended Order Modifying
Release Conditions by Lori Beth Kaplan-Multz. (Epperson, Robert)
(Entered: 01/11/2007)
01/11/2007 201 MOTION to Strike and Redact Portions of the Above-Referenced Bill of
Indictment by Neil Scott Kaplan. (Steel, Brian) (Entered: 01/11/2007)
01/11/2007 212 Order Modifying Release Conditions as to Lori Beth Kaplan-Multz .
Signed by Judge Mary Ann L. Medler on 1/11/07. (LGK, ) (Entered:
01/12/2007)
01/12/2007 205 REQUEST FOR CLARIFICATION by USA as to defendant Betonsports
PLC, Gary Stephen Kaplan, Neil Scott Kaplan, Lori Beth Kaplan-Multz,
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David Carruthers, Peter Wilson, Norman Steinberg, Tim Brown, Direct
Mail Expertise, Inc., DME Global Marketing & Fulfillment, Inc., Mobile
Promotions, Inc., William Hernan Lenis, William Luis Lenis, Manny
Gustavo Lenis, Monica Lenis (Woelfle, Marty) (Entered: 01/12/2007)
01/12/2007 206 MOTION to Seal Document by USA as to defendant Betonsports PLC,
Gary Stephen Kaplan, Neil Scott Kaplan, Lori Beth Kaplan-Multz, David
Carruthers, Peter Wilson, Norman Steinberg, Tim Brown, Direct Mail
Expertise, Inc., DME Global Marketing & Fulfillment, Inc., Mobile
Promotions, Inc., William Hernan Lenis, William Luis Lenis, Manny
Gustavo Lenis, Monica Lenis. (Attachments: # 1 Text of Proposed Order)
(Woelfle, Marty) (Entered: 01/12/2007)
01/12/2007 207 RESPONSE by USA to Motion by Monica Lenis as to DME Global
Marketing & Fulfillment, Inc., William Hernan Lenis, William Luis
Lenis, Manny Gustavo Lenis, Monica Lenis re 185 MOTION to Sever
Defendant MOTION FOR SEVERANCE (Woelfle, Marty) (Entered:
01/12/2007)
01/12/2007 208 CONSOLIDATED RESPONSE by USA to Motions by Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Tim Brown, DME
Global Marketing & Fulfillment, Inc., William Hernan Lenis, William
Luis Lenis, Manny Gustavo Lenis, Monica Lenis re 176 MOTION to
Change Venue or Transfer Case (Memorandum in Support of Motion to
Transfer Pursuant to Rule 21(b), 182 MOTION to Change Venue or
Transfer Case, 168 MOTION to Change Venue or Transfer Case
(Woelfle, Marty) (Entered: 01/12/2007)
01/12/2007 209 CONSOLIDATED RESPONSE by USA to Motion by William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis re 180
MOTION to Dismiss Indictment/Counts MOTION TO DISMISS FOR
SELECTIVE PROSECUTION AND MOTION FOR DISCOVERY IN
SUPPORT OF SAME, 173 MOTION to Dismiss Indictment/Counts for
Selective Prosecution and Motion for Discovery in Support of Same
(Woelfle, Marty) (Entered: 01/12/2007)
01/12/2007 210 CONSOLIDATED RESPONSE by USA to Motion by Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Tim Brown, DME
Global Marketing & Fulfillment, Inc., William Hernan Lenis, William
Luis Lenis, Manny Gustavo Lenis, Monica Lenis as to Betonsports PLC,
Gary Stephen Kaplan, Neil Scott Kaplan, Lori Beth Kaplan-Multz, David
Carruthers, Peter Wilson, Norman Steinberg, Tim Brown, Direct Mail
Expertise, Inc., DME Global Marketing & Fulfillment, Inc., Mobile
Promotions, Inc., William Hernan Lenis, William Luis Lenis, Manny
Gustavo Lenis, Monica Lenis re 179 MOTION to Dismiss
Indictment/Counts MOTION TO DISMISS FOR VIOLATION OF
UNITED STATES TREATY, 174 MOTION to Dismiss Indictment/Counts
for Violation of United States Treaty (Woelfle, Marty) (Entered:
01/12/2007)
01/12/2007 211 RESPONSE by USA to Motion by Neil Scott Kaplan, re 184 MOTION
for Joinder DEFENDANT, MONICA LENIS' NOTICE OF JOINDER.,
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167 MOTION to Dismiss Count One - Rico Conspiracy (Woelfle, Marty)
(Entered: 01/12/2007)
01/12/2007 Docket Text ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil
Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis re 206
MOTION to Seal Document filed by USA: Ordered: GRANTED .
Signed by Judge Mary Ann L. Medler on 1/12/07. (MLM) (Entered:
01/12/2007)
01/12/2007 213 CONSOLIDATED RESPONSE TO: (1) OBJECTIONS TO DENIAL
OF MOTION FOR BILL OF PARTICULARS AND DISCOVERY 190
AND (2) MOTION FOR RECONSIDERATION OF ORDER
DENYING BILL OF PARTICULARS 178 (FILED UNDER SEAL)
(ARL) (Entered: 01/16/2007)
01/16/2007 214 ORDER as to Neil Scott Kaplan - IT IS HEREBY ORDERED that
Defendant Neil S. Kaplan's Supplemental Request for Production of
Grand Jury Materials is GRANTED in part and DENIED in part
consistent with this Order. 158 Signed by Judge Mary Ann L. Medler on
1/16/07. See Order for Full Details. (cc: Jury Unit) (ARL) (Entered:
01/16/2007)
01/16/2007 215 MOTION for Leave to: Travel to North Carolina by Manny Gustavo
Lenis. (Sindel, Richard) (Entered: 01/16/2007)
01/17/2007 216 MOTION for Leave to File Amendment To Motion For Order To Show
Cause by USA as to defendant Betonsports PLC, Gary Stephen Kaplan,
Neil Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter
Wilson, Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc.,
DME Global Marketing & Fulfillment, Inc., Mobile Promotions, Inc.,
William Hernan Lenis, William Luis Lenis, Manny Gustavo Lenis,
Monica Lenis. (***an, Michael) (Entered: 01/17/2007)
01/17/2007 217 ORDER MODIFYING CONDITIONS OF RELEASE - IT IS HEREBY
ORDERED that Defendant Manny G. Lenis' Motion for Leave to Travel
to Maggie Valley, North Carolina is GRANTED. 215 IT IS FURTHER
ORDERED that Defendant's Motion Bond Conditions are modified to
allow him to travel to Maggie Valley, North Carolina leaving February 3,
2007 and returning to Homestead, Florida on February 20, 2007. IT IS
FURTHER ORDERED that defendant Manny G. Lenis shall provide to
his Pretrial Services Officer, John Hinshaw, his travel plans, the address
at which he will be staying and the phone number where he will be
staying. IT IS FURTHER ORDERED that defendant shall appear in
person before his Pretrial Services Officer on February 12, 2007 during
regular business hours. Signed by Judge Mary Ann L. Medler on 1/17/07.
(LAH, ) (Entered: 01/17/2007)
01/18/2007 218 CLERK'S COMPLIANCE WITH ORDER OF THE COURT as to Neil
Scott Kaplan - By order of the Court entered January 16, 2007 214 the
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Clerk of Court has been directed to provide Defendant Neil S. Kaplan
certain items of information and documents pertaining to the
management and operation of the jury system in the United States
District Court. In compliance with that order, the Clerk hereby files in the
record the following: JS-12 Reports as directed in Paragraph #1 of the
order; report of number and dates of mailing qualification questionnaires
as directed in Paragraph #4 of the order; list of juror participants,
identified by number, who were deferred, excused or disqualified prior to
the reporting date for this grand jury panel as directed in Paragraph #6 of
the order. Signed by James G. Woodward, Clerk (Attachments: # 1)
(LAH, ) (Entered: 01/18/2007)
01/18/2007 219 ORDER - IT IS HEREBY ORDERED that the Government's Request for
Clarification is GRANTED. 205 IT IS FURTHER ORDERED that all
motions now pending will be considered to have been filed only by the
defendant named as movant if signed by the movant defendant's attorney.
IT IS FURTHER ORDERED that any defendant wishing to file a motion
already filed by another defendant shall file such motion signed by his or
her own attorney. IT IS FURTHER ORDERED that all consolidated
motions filed subsequent to the date of this Order shall list the name of
each movant-defendant and shall be signed by the attorney foreach
movant-defendant. The failure to do so will result in the motion not being
considered as to any defendant who files improperly. IT IS FURTHER
ORDERED that if necessary, and on appropriate motion, a hearing
shallbe scheduled to conduct a Rule 44 inquiry. Signed by Judge Mary
Ann L. Medler on 1/18/07. (ARL) (Entered: 01/18/2007)
01/19/2007 220 RESPONSE to Motion by Neil Scott Kaplan re 201 MOTION to Strike
and Redact Portions of the Above-Referenced Bill of Indictment by USA
(Woelfle, Marty) (Modified on 1/22/2007 to Edit Filer - CMA) (Entered:
01/19/2007)
01/22/2007 221 MEMORANDUM in Support by Lori Beth Kaplan-Multz re 168
MOTION to Change Venue or Transfer Case (Epperson, Robert)
(Entered: 01/22/2007)
01/22/2007 222 ORDER AND CERTIFICATION OF FACTS as to Betonsports PLC,
Gary Stephen Kaplan, Neil Scott Kaplan, Lori Beth Kaplan-Multz, David
Carruthers, Peter Wilson, Norman Steinberg, Tim Brown, Direct Mail
Expertise, Inc., DME Global Marketing & Fulfillment, Inc., Mobile
Promotions, Inc., William Hernan Lenis, William Luis Lenis, Manny
Gustavo Lenis, Monica Lenis: IT IS HEREBY ORDERED that Mobile
Promotions, Inc., Direct Mail Expertise, Inc. and BetOnSports, PLS shall
show cause why they should not be held in contempt or otherwise
sanctioned for wilfully disobeying a lawful writ, process, order, rule,
decree or command of this court; IT IS FURTHER ORDERED that the
certification of facts herein is submitted to the district court pursuant to
28USC Section 636(e)(6)(B); IT IS FURTHER ORDERED that the
Honorable Carol E. Jackson has informed the undersigned that she will
set a date and time certain for a hearing at which Mobile Promotions,
Inc., Direct Mail Expertise, Inc., and BetOnSports, PLC shall show cause
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why they should not be held in contempt by reason of the facts so
certified; Signed by Judge Mary Ann L. Medler on 1/22/07 (CMA)
(Entered: 01/22/2007)
01/22/2007 223 NOTICE by Lori Beth Kaplan-Multz re [213] Response to Motion of:
Reply to Government's Response to Objections to Order of Magistrate
Judge Denying Defendant's Request for Discovery and for Particulars
(Epperson, Robert) (Entered: 01/22/2007)
01/25/2007 224 ORDER TO SHOW CAUSE as to Betonsports PLC, why they should not
be held in contempt or otherwisesanctioned for wilfully disobeying a
lawful writ, process, order,rule, decree or command of this court, by
reason of the factscertified by United States Magistrate Judge Mary Ann
L. Medler. Show Cause Hearing set for 2/2/2007 10:00 AM before
Honorable Carol E. Jackson.. Signed by Judge Carol E. Jackson on
1/25/07. (LLW, ) (Entered: 01/25/2007)
01/26/2007 225 MOTION to Dismiss Indictment/Counts Motion to Dismiss for Violation
of United States Treaty by Lori Beth Kaplan-Multz. (Epperson, Robert)
(Entered: 01/26/2007)
01/29/2007 226 RESPONSE to Motion by USA as to Lori Beth Kaplan-Multz re 225
MOTION to Dismiss Indictment/Counts Motion to Dismiss for Violation
of United States Treaty (Woelfle, Marty) (Entered: 01/29/2007)
01/30/2007 227 REPLY TO RESPONSE to Motion by Neil Scott Kaplan re 201
MOTION to Strike and Redact Portions of the Above-Referenced Bill of
Indictment (Kister, Susan) (Entered: 01/30/2007)
01/31/2007 228 ENTRY OF ATTORNEY APPEARANCE: by Paul J. D'Agrosa on
behalf of Direct Mail Expertise, Inc. (D'Agrosa, Paul) (Entered:
01/31/2007)
01/31/2007 229 ENTRY OF ATTORNEY APPEARANCE: by Paul J. D'Agrosa on
behalf of Mobile Promotions, Inc. (D'Agrosa, Paul) (Entered:
01/31/2007)
01/31/2007 230 MOTION to Vacate or set aside order to show cause by Direct Mail
Expertise, Inc. as to defendant Direct Mail Expertise, Inc., Mobile
Promotions, Inc.. (D'Agrosa, Paul) (Entered: 01/31/2007)
01/31/2007 231 ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis - IT IS
HEREBY ORDERED that the referral to United States Magistrate Judge
Mary Ann L. Medler of the motion to change venue filed by defendant
Lori Beth Kaplan-Multz 168 is WITHDRAWN. Signed by Judge Carol
E. Jackson on 1/31/07. (LAH, ) (Entered: 01/31/2007)
01/31/2007 232 ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
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Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis - IT IS
HEREBY ORDERED that the referral to United States Magistrate Judge
Mary Ann L. Medler of the motion to change venue filed by defendant
William Hernan Lenis 182 is WITHDRAWN. Signed by Judge Carol E.
Jackson on 1/31/07. (LAH) (Entered: 01/31/2007)
01/31/2007 233 RESPONSE to Motion by USA as to Direct Mail Expertise, Inc., Mobile
Promotions, Inc. re 230 MOTION to Vacate or Set Aside Order to Show
Cause (Attachments: # 1)(***an, Michael) (Entered: 01/31/2007)
02/01/2007 234 MOTION to Sever Defendant by Neil Scott Kaplan. (Kister, Susan)
(Entered: 02/01/2007)
02/01/2007 235 MOTION to Change Venue or Transfer Case Pursuant to Rule 21(B) and
Memorandum in Support by Neil Scott Kaplan. (Kister, Susan) (Entered:
02/01/2007)
02/01/2007 236 REPLY TO RESPONSE to Motion by Neil Scott Kaplan re 167
MOTION to Dismiss Indictment/Counts One-Rico Conspiracy (Kister,
Susan) (Entered: 02/01/2007)
02/01/2007 237 MOTION to Dismiss Indictment/Counts for Violations of United States
Treaty by Neil Scott Kaplan. (Kister, Susan) (Entered: 02/01/2007)
02/01/2007 238 Supplemental MOTION for Disclosure /Memorandum to Court
Regarding the Clerk's Compliance with Requests for Grand Jury
Materials by Neil Scott Kaplan. (Kister, Susan) (Entered: 02/01/2007)
02/01/2007 239 MOTION to Change Venue or Transfer Case by DME Global Marketing
& Fulfillment, Inc.. (D'Agrosa, Paul) (Entered: 02/01/2007)
02/01/2007 240 NOTICE by DME Global Marketing & Fulfillment, Inc. of: filing of
memorandum in support of motion to transfer venue (D'Agrosa, Paul)
(Entered: 02/01/2007)
02/01/2007 241 MOTION to Dismiss Indictment/Counts 1-RICO CONSPIRACY by DME
Global Marketing & Fulfillment, Inc.. (D'Agrosa, Paul) (Entered:
02/01/2007)
02/01/2007 242 NOTICE by DME Global Marketing & Fulfillment, Inc. of: filing of
memorandum in support of motion to dismiss count 1 (D'Agrosa, Paul)
(Entered: 02/01/2007)
02/01/2007 243 MOTION to Dismiss Indictment/Counts for violation of treaty by DME
Global Marketing & Fulfillment, Inc.. (D'Agrosa, Paul) (Entered:
02/01/2007)
02/01/2007 244 MOTION to Dismiss Indictment/Counts I-Rico Conspiracy, or Parts
Thereof and Memorandum of Law in Support by William Hernan Lenis.
(Ross, Alan) (Entered: 02/01/2007)
02/01/2007 245 ORDER as to Neil Scott Kaplan - IT IS HEREBY ORDERED that the
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referral to United States Magistrate Judge Mary Ann L. Medler of the
motion to change venue filed by defendant Neil Scott Kaplan 235 is
WITHDRAWN. Signed by Judge Carol E. Jackson on 2/1/07. (LAH, )
(Entered: 02/01/2007)
02/01/2007 246 REPORT AND RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE CONCERNING SELECTIVE PROSECUTION
as to William Hernan Lenis, Monica Lenis - IT IS HEREBY
RECOMMENDED that defendant William Hernan Lenis' Request for
Discovery in Aid of Selective Prosecution Claim be DENIED. 133 IT IS
FURTHER RECOMMENDED that defendant William Hernan Lenis'
Motion to Dismiss for Selective Prosecution and Motion for Discovery in
Support of Same be DENIED. 173 IT IS FURTHER RECOMMENDED
that defendant Monica Lenis' Motion to Dismiss for Selective
Prosecution and Motion for Discovery in Support of Same be DENIED.
180 The parties are advised that they have (11) days in which to file
written objections to this report and recommendation pursuant to 28
U.S.C. Sec. 636(b)(1), unless an extension of time for good cause is
obtained, and that failure to file timely objections may result in a waiver
of the right to appeal questions of fact. Objections to R&R due by
2/15/2007 Signed by Judge Mary Ann L. Medler on 2/1/07. (LAH, )
(Entered: 02/01/2007)
02/02/2007 247 MOTION to Change Venue or Transfer Case by Monica Lenis.
(Bogenschutz, John) (Entered: 02/02/2007)
02/02/2007 248 Request for Discovery in Support of Selective Prosecution Claim and
Memorandum of Law in Support (Bogenschutz, John) (Entered:
02/02/2007)
02/02/2007 249 MOTION to Dismiss Indictment/Counts by Monica Lenis. (Bogenschutz,
John) (Entered: 02/02/2007)
02/02/2007 250 MOTION to Sever Defendant by Tim Brown. (Lacheen, Stephen)
(Entered: 02/02/2007)
02/02/2007 251 MOTION to Dismiss Indictment/Counts and Memorandum of Law in
Support Thereof by Tim Brown. (Lacheen, Stephen) (Entered:
02/02/2007)
02/02/2007 252 MOTION to Dismiss Indictment/Counts for Violation of United States
Treaty by Tim Brown. (Lacheen, Stephen) (Entered: 02/02/2007)
02/02/2007 253 MOTION to Change Venue or Transfer Case Pursuant to Rule 21(b) by
Tim Brown. (Lacheen, Stephen) (Entered: 02/02/2007)
02/02/2007 254 MOTION to Produce by Monica Lenis. (Bogenschutz, John) (Entered:
02/02/2007)
02/02/2007 255 MOTION to Change Venue or Transfer Case Pursuant to Rule 21(b) and
Memorandum of Law in Support of Same by William Luis Lenis.
(Shostak, Burton) (Entered: 02/02/2007)
02/02/2007 256 MOTION to Sever Defendant by William Luis Lenis. (Shostak, Burton)
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(Entered: 02/02/2007)
02/02/2007 257 MOTION to Dismiss Indictment/Counts for Selective Prosecution and
Motion for Discovery in Support of Same by William Luis Lenis.
(Shostak, Burton) (Entered: 02/02/2007)
02/02/2007 258 MOTION to Dismiss Indictment/Counts as to Count One - RICO
Conspiracy, or Parts Thereof by William Luis Lenis. (Shostak, Burton)
(Entered: 02/02/2007)
02/02/2007 259 MOTION to Strike and Redact Portions of the Indictment by William
Luis Lenis. (Shostak, Burton) (Entered: 02/02/2007)
02/02/2007 260 MEMORANDUM in Support by William Luis Lenis re 167 MOTION to
Dismiss Indictment/Counts, 257 MOTION to Dismiss Indictment/Counts
for Selective Prosecution and Motion for Discovery in Support of Same,
258 MOTION to Dismiss Indictment/Counts as to Count One - RICO
Conspiracy, or Parts Thereof (Shostak, Burton) (Entered: 02/02/2007)
02/02/2007 261 MEMORANDUM in Support by William Luis Lenis re 167 MOTION to
Dismiss Indictment/Counts, 258 MOTION to Dismiss Indictment/Counts
as to Count One - RICO Conspiracy, or Parts Thereof for Violation of
United States Treaty (Shostak, Burton) (Entered: 02/02/2007)
02/02/2007 262 MOTION to Dismiss Indictment/Counts One - Rico Conspiracy or Parts
Thereof by Manny Gustavo Lenis. (Sindel, Richard) (Entered:
02/02/2007)
02/02/2007 263 MEMORANDUM in Support by Manny Gustavo Lenis re 262 MOTION
to Dismiss Indictment/Counts One - Rico Conspiracy or Parts Thereof
(Sindel, Richard) (Entered: 02/02/2007)
02/02/2007 264 MOTION to Change Venue or Transfer Case by Manny Gustavo Lenis.
(Attachments: # 1 Exhibit Affadvit of Manny Lenis)(Sindel, Richard)
(Entered: 02/02/2007)
02/02/2007 265 MOTION to Dismiss Indictment/Counts for Selective Prosecution by
Manny Gustavo Lenis. (Sindel, Richard) (Entered: 02/02/2007)
02/02/2007 266 MOTION to Dismiss Indictment/Counts For Violation of U.S. Treaty by
Manny Gustavo Lenis. (Sindel, Richard) (Entered: 02/02/2007)
02/02/2007 267 MOTION to Strike and Redact Portions of the Indictment by Manny
Gustavo Lenis. (Sindel, Richard) (Entered: 02/02/2007)
02/02/2007 268 MOTION for Reconsideration of Denial of Bill of Particulars by Manny
Gustavo Lenis. (Sindel, Richard) (Entered: 02/02/2007)
02/02/2007 269 MOTION to Dismiss Indictment/Counts I -- RICO Conspiracy or Parts
Thereof by David Carruthers. (Sison, Gilbert) (Entered: 02/02/2007)
02/02/2007 270 MEMORANDUM in Support by David Carruthers re 269 MOTION to
Dismiss Indictment/Counts I -- RICO Conspiracy or Parts Thereof
(Sison, Gilbert) (Entered: 02/02/2007)
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02/02/2007 271 MOTION for Leave to: File Overlength Memorandum by David
Carruthers. (Sison, Gilbert) (Entered: 02/02/2007)
02/02/2007 272 MOTION for Leave to: File Additional Pre-Trial Motions by David
Carruthers. (Sison, Gilbert) (Entered: 02/02/2007)
02/02/2007 274 Minute Entry for proceedings held before Judge Carol E. Jackson :Show
Cause Hearing as to Betonsports PLC, Direct Mail Expertise, Inc.,
Mobile Promotions, Inc. held on 2/2/2007. Sanctions will not be imposed
as to Direct Mail Expertise, Inc., and Mobile Promotions; sanctions will
be imposed as to Betonsports. Order to issue. (Court Reporter or FTR
Gold Operator initials:Gary Bond.) (FTR Gold : no.) (proceedings
started: 10:15 a.m..) (proceedings ended: 10:35 a.m..) (LGK, ) (Entered:
02/06/2007)
02/05/2007 273 ORDER as to Betonsports PLC - IT IS HEREBY ORDERED that the
defendant BetOnSports, PLC, its officers and directors are found to be in
contempt of the authority of this Court. IT IS FURTHER ORDERED that
defendant BetOnSports, PLC, its officers, directors, and each of them
shall pay to the United States a fine in the amount of Five Thousand
Dollars (US $5,000.00) per day, beginning on February 2, 2007, and
continuing until the defendant satisfies the Court that it is no longer in
contempt. Signed by Judge Carol E. Jackson on 2/5/07. (ARL) (Entered:
02/05/2007)
02/05/2007 Docket Text ORDER as to David Carruthers re 271 MOTION for Leave
to: File Overlength Memorandum filed by David Carruthers: Ordered:
GRANTED . Signed by Judge Mary Ann L. Medler on 2/5/07. (MLM)
(Entered: 02/05/2007)
02/05/2007 Docket Text ORDER as to David Carruthers re 272 MOTION for Leave
to: File Additional Pre-Trial Motions filed by David Carruthers: Ordered:
DENIED. Discovery has been available since September, therefore the
inability to review discovery is not a valid reason. Generic motions to file
additional motions are not permitted. If counsel finds the need to file a
specific motion, leave shall be sought at the time of filing . Signed by
Judge Mary Ann L. Medler on 2/5/07. (MLM) (Entered: 02/05/2007)
02/08/2007 275 OBJECTION TO REPORT AND RECOMMENDATIONS 246 by
William Hernan Lenis Concerning Selective Prosecution (Ross, Alan)
(Entered: 02/08/2007)
02/08/2007 276 ORDER as to Neil Scott Kaplan - IT IS HEREBY ORDERED that
defendant Kaplan's Motion to examine the qualification questionnaires is
GRANTED 238 under the following conditions: This examination will
take place only in the Office of the Clerk of Court at Thomas F. Eagleton
United States Courthouse during normal business and under the
supervision of a deputy clerk. No questionnaire may be photocopied, nor
may Defendant or his representatives take notes of or otherwise record
from any questionnaire the names and addresses of individual prospective
jurors. The exclusive purpose for which this examination is authorized is
to enable Defendant to verify independently that thedemographic
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information periodically reported on the Court's JS-12 forms is generally
consistent with the aggregate data on race, gender and age as reflected in
the qualification questionnaires from which that data was drawn by the
Clerk of Court. Defendant shall inform the Court in advance of the dates
(s) when this examination will take place at theThomas F. Eagleton
United States Courthouse, and the name(s) of those who will conductthis
examination on Defendant's behalf. (cc: Clerk, Jury Clerk). Signed by
Judge Mary Ann L. Medler on 2/8/07. (ARL) (Entered: 02/08/2007)
02/08/2007 277 ORDER - This matter is before the court on defendant Monica Lenis'
Motion for Production of Grand Jury and Trial Jury Materials. 254 This
Motion is identical to that filed by Neil S. Kaplan. 110 Refer to Order for
Full Details... Signed by Judge Mary Ann L. Medler on 2/8/07. (ARL)
(Entered: 02/08/2007)
02/08/2007 278 ORDER - The Clerk of the Court is directed to file in the record of this
case all of the documents and source information previously
disclosed to defendants Neil S. Kaplan and Monica Lenis. These
documents shall be available to all parties in the case. IT IS SO
ORDERED. Signed by Judge Mary Ann L. Medler on 2/8/07. (ARL)
(Entered: 02/08/2007)
02/09/2007 279 REPORT AND RECOMMENDATIONS OF UNITED STATES
MAGISTRATE JUDGE CONCERNING REDACTING THE
INDICTMENT IT IS HEREBY RECOMMENDED that defendant Neil
Kaplan's Motion to Redact and Strike Portions of the Above Referenced
Bill of Indictment be GRANTED in part and DENIED in part. 201IT IS
FURTHER RECOMMENDED that the Request for Hearing on the
Motion beDENIED. IT IS FURTHER RECOMMENDED that the
Reference to the "Kaplan GamblingEnterprise" be STRICKEN and that
the term "Gambling Enterprise" or the "Enterprise" be used instead. IT IS
FURTHER RECOMMENDED that the arrest of defendant Gary Kaplan
not be stricken from the Indictment.IT IS FURTHER RECOMMENDED
that the use of the phrase "Gary Kaplan 'and others'"not be stricken from
the Indictment. Objections to R&R due by 2/26/2007. Signed by Judge
Mary Ann L. Medler on 2/9/07. (ARL) (Entered: 02/09/2007)
02/09/2007 280 SECOND REPORT AND RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE CONCERNING REDACTING THE
INDICTMENT - IT IS HEREBY RECOMMENDED that Defendant
William Luis Lenis' Motion to Redact and Strike Portions of the
Indictment be DENIED. 259 IT IS FURTHER RECOMMENDED that
Defendant Manny Gustavo Lenis' Motion toRedact and Strike Portions of
the Indictment be DENIED. 267 Objections to R&R due by 2/26/2007.
Signed by Judge Mary Ann L. Medler on 2/9/07. (ARL) (Entered:
02/09/2007)
02/12/2007 281 RESPONSE to Motion by USA as to Neil Scott Kaplan, Tim Brown,
William Luis Lenis re 256 MOTION to Sever Defendant, 234 MOTION
to Sever Defendant, 250 MOTION to Sever Defendant (***an, Michael)
(Entered: 02/12/2007)
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02/12/2007 282 RESPONSE to Motion by USA as to David Carruthers re 269 MOTION
to Dismiss Indictment/Counts I -- RICO Conspiracy or Parts Thereof
(***an, Michael) (Entered: 02/12/2007)
02/12/2007 283 RESPONSE to Motion by USA as to Manny Gustavo Lenis re 268
MOTION for Reconsideration of Denial of Bill of Particulars (***an,
Michael) (Entered: 02/12/2007)
02/12/2007 284 RESPONSE to Motion by USA as to Neil Scott Kaplan, Tim Brown,
DME Global Marketing & Fulfillment, Inc., William Luis Lenis, Manny
Gustavo Lenis, Monica Lenis re 264 MOTION to Change Venue or
Transfer Case, 247 MOTION to Change Venue or Transfer Case, 239
MOTION to Change Venue or Transfer Case, 235 MOTION to Change
Venue or Transfer Case Pursuant to Rule 21(B) and Memorandum in
Support (***an, Michael) (Entered: 02/12/2007)
02/12/2007 285 RESPONSE to Motion by USA as to DME Global Marketing &
Fulfillment, Inc., William Hernan Lenis, William Luis Lenis, Manny
Gustavo Lenis, Monica Lenis re 244 MOTION to Dismiss
Indictment/Counts I-Rico Conspiracy, or Parts Thereof and
Memorandum of Law in Support, 262 MOTION to Dismiss
Indictment/Counts One - Rico Conspiracy or Parts Thereof, 249
MOTION to Dismiss Indictment/Counts, 258 MOTION to Dismiss
Indictment/Counts as to Count One - RICO Conspiracy, or Parts
Thereof, 241 MOTION to Dismiss Indictment/Counts 1-RICO
CONSPIRACY (***an, Michael) (Entered: 02/12/2007)
02/12/2007 286 RESPONSE to Motion by USA as to Monica Lenis re 254 MOTION to
Produce Grand and Petit Jury Selection Material (***an, Michael)
(Entered: 02/12/2007)
02/13/2007 287 MOTION for Extension of Time to File Three Response Documents a
Day Late by USA as to defendant Betonsports PLC, Gary Stephen
Kaplan, Neil Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers,
Peter Wilson, Norman Steinberg, Tim Brown, Direct Mail Expertise,
Inc., DME Global Marketing & Fulfillment, Inc., Mobile Promotions,
Inc., William Hernan Lenis, William Luis Lenis, Manny Gustavo Lenis,
Monica Lenis. (***an, Michael) (Entered: 02/13/2007)
02/13/2007 288 RESPONSE to Motion by USA as to Tim Brown, DME Global
Marketing & Fulfillment, Inc., Manny Gustavo Lenis re 252 MOTION to
Dismiss Indictment/Counts for Violation of United States Treaty, 266
MOTION to Dismiss Indictment/Counts For Violation of U.S. Treaty,
243 MOTION to Dismiss Indictment/Counts for violation of treaty
(***an, Michael) (Entered: 02/13/2007)
02/13/2007 289 RESPONSE to Motion by USA as to William Luis Lenis, Manny
Gustavo Lenis, Monica Lenis re 180 MOTION to Dismiss
Indictment/Counts MOTION TO DISMISS FOR SELECTIVE
PROSECUTION AND MOTION FOR DISCOVERY IN SUPPORT OF
SAME, 257 MOTION to Dismiss Indictment/Counts for Selective
Prosecution and Motion for Discovery in Support of Same, 265
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MOTION to Dismiss Indictment/Counts for Selective Prosecution
(***an, Michael) (Entered: 02/13/2007)
02/13/2007 290 RESPONSE to Motion by USA as to William Luis Lenis, Manny
Gustavo Lenis re 267 MOTION to Strike and Redact Portions of the
Indictment, 259 MOTION to Strike and Redact Portions of the
Indictment (***an, Michael) (Entered: 02/13/2007)
02/14/2007 Docket Text ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil
Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis re 287
MOTION for Extension of Time to File Three Response Documents a
Day Late filed by USA: Ordered: GRANTED . Signed by Judge Mary
Ann L. Medler on 2/14/07. (MLM, ) (Entered: 02/14/2007)
02/14/2007 291 SECOND REPORT AND RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE CONCERNING SELECTIVE
PROSECUTION as to William Luis Lenis, Manny Gustavo Lenis,
Monica Lenis - IT IS HEREBY RECOMMENDED that defendant
monica Lenis' [Second] Request for Discovery in Support of Selective
Prosecution Claim be DENIED. 248 IT IS FURTHER
RECOMMENDED that defendant William Luis Lenis' Motion to
Dismiss for Selective Prosecution be DENIED. 257 IT IS FURTHER
RECOMMENDED that defendant Manny Gustavo Lenis' Motion to
Dismiss for Selective Prosecution be DENIED. 265 Objections to R&R
due by 3/1/2007Signed by Judge Mary Ann L. Medler on 2/14/07.
(LAH, ) (Entered: 02/14/2007)
02/15/2007 292 MOTION to Modify Conditions of Release by Tim Brown. (Lacheen,
Stephen) (Entered: 02/15/2007)
02/20/2007 Docket Text ORDER as to Tim Brown re 292 MOTION to Modify
Conditions of Release filed by Tim Brown; Ordered: Without objection
by the government, the motion is GRANTED. Defendant my attend the
wedding of his college roommate in Malvern, Pennsylvania on Friday,
February 23, 2007 and return to his residence by 1:00 a.m. on Saturday,
February 24, 2007. He shall inform his Pretrial Services Officer of his
exact whereabouts in Malvern and his means of travel and shall report by
phone or in person, as directed by his Pretrial Services Officer, on
Monday, February 26, 2007. Signed by Judge Mary Ann L. Medler on
2/20/07. (MLM, ) (Entered: 02/20/2007)
02/21/2007 293 MOTION for Motion Hearing, Scheduling Conference, and Trial Setting
by Lori Beth Kaplan-Multz (Bennett, James) (Modified on 2/22/2007 to
Edit Docket Text - CMA) (Entered: 02/21/2007)
02/21/2007 294 NOTICE by Neil Scott Kaplan of: Examination of Grand Jury
Questionnaires (Kister, Susan) (Entered: 02/21/2007)
02/22/2007 295 MOTION for Extension of Time to File Response/Reply as to 269
MOTION to Dismiss Indictment/Counts I -- RICO Conspiracy or Parts
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Thereof by David Carruthers. (Sison, Gilbert) (Entered: 02/22/2007)
02/23/2007 Docket Text ORDER as to David Carruthers re 295 MOTION for
Extension of Time to File Response/Reply as to 269 MOTION to
Dismiss Indictment/Counts I -- RICO Conspiracy or Parts Thereof filed
by David Carruthers: Ordered: GRANTED. Defendant Carruthers' Reply
to the government's Response to his Motion to Dismiss shall be filed by
2/28/07 . Signed by Judge Mary Ann L. Medler on 2/23/07. (MLM)
(Entered: 02/23/2007)
02/23/2007 296 OBJECTION TO REPORT AND RECOMMENDATIONS 246 by
Monica Lenis (Bogenschutz, John) (Entered: 02/23/2007)
02/23/2007 297 ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis: IT IS
HEREBY ORDERED that the Evidentiary Hearing presently set on
3/2/07 is CANCELLED; IT IS FURTHER ORDERED that the
appearance is not required on 3/2/07 of the government, the Defts, or
their lawyers; Signed by Judge Mary Ann L. Medler on 2/23/07 (CMA)
(Entered: 02/23/2007)
02/26/2007 298 RESPONSE in Opposition by USA as to Monica Lenis re 246 REPORT
AND RECOMMENDATIONS as to William Hernan Lenis, Monica
Lenis re 173 MOTION to Dismiss Indictment/Counts for Selective
Prosecution and Motion for Discovery in Support of Same (Woelfle,
Marty) (Entered: 02/26/2007)
02/26/2007 299 RESPONSE in Opposition by USA as to Lori Beth Kaplan-Multz re 293
MOTION for Hearing Scheduling Conference and Trial Setting (Woelfle,
Marty) (Entered: 02/26/2007)
02/28/2007 300 OBJECTION TO REPORT AND RECOMMENDATIONS 291 by
William Luis Lenis of the United States Magistrate Judge Concerning
Selective Prosecution (Shostak, Burton) (Entered: 02/28/2007)
02/28/2007 301 OBJECTION TO REPORT AND RECOMMENDATIONS 291 by
Manny Gustavo Lenis (Sindel, Richard) (Entered: 02/28/2007)
02/28/2007 302 REPLY TO RESPONSE to Motion by David Carruthers re 269
MOTION to Dismiss Indictment/Counts I -- RICO Conspiracy or Parts
Thereof (Sison, Gilbert) (Entered: 02/28/2007)
03/07/2007 303 RESPONSE in Opposition by USA as to David Carruthers re 269
MOTION to Dismiss Indictment/Counts I -- RICO Conspiracy or Parts
Thereof (Attachments: # 1 # 2)(Woelfle, Marty) (Entered: 03/07/2007)
03/12/2007 304 ENTRY OF ATTORNEY APPEARANCE Steven A. Muchnick
appearing for USA. in addition to the other attorneys who previously
entered their appearance on behalf of the United States (Muchnick,
Steven) (Entered: 03/12/2007)
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03/13/2007 305 MEMORANDUM in Support by USA as to Betonsports PLC, Gary
Stephen Kaplan, Neil Scott Kaplan, Lori Beth Kaplan-Multz, David
Carruthers, Peter Wilson, Norman Steinberg, Tim Brown, Direct Mail
Expertise, Inc., DME Global Marketing & Fulfillment, Inc., Mobile
Promotions, Inc., William Hernan Lenis, William Luis Lenis, Manny
Gustavo Lenis, Monica Lenis re 291 REPORT AND
RECOMMENDATIONS Response to Objections filed by William Luis
and Manny Gustavo Lenis (Woelfle, Marty) (Entered: 03/13/2007)
03/15/2007 306 REPORT AND RECOMMENDATIONS as to Neil Scott Kaplan, Tim
Brown, William Luis Lenis, Monica Lenis re 256 MOTION to Sever
Defendant, 234 MOTION to Sever Defendant, 250 MOTION to Sever
Defendant, 185 MOTION to Sever Defendant MOTION FOR
SEVERANCE RECOMMENDED that the above motions be denied.
Objections to R&R due by 3/26/2007. Signed by Judge Mary Ann L.
Medler on 3/15/07. (LGK, ) (Entered: 03/15/2007)
03/20/2007 307 OBJECTION TO REPORT AND RECOMMENDATIONS 306 by Neil
Scott Kaplan (Kister, Susan) (Entered: 03/20/2007)
03/23/2007 308 OBJECTION TO REPORT AND RECOMMENDATIONS 306 by
Monica Lenis (Bogenschutz, John) (Entered: 03/23/2007)
03/26/2007 309 Second MOTION to Modify Conditions of Release by David Carruthers.
(Rosenblum, N.) (Entered: 03/26/2007)
03/28/2007 310 ORDER - IT IS HEREBY ORDERED that Defendant's Second Motion
to Modify Conditions of Release 309 is GRANTED in part and DENIED
in part as follows: (7)(r)(iii) Defendant may leave his residence for one
four hour andone two hour period daily. These periods must be separated
by a onehour period during which defendant must return to and remain at
his residence, subject to the prior approval of the Pretrial Services
Officer. Signed by Judge Mary Ann L. Medler on 3/28/07. (LAH, )
(Entered: 03/28/2007)
03/30/2007 311 RESPONSE in Opposition by USA as to Neil Scott Kaplan, Lori Beth
Kaplan-Multz re 306 REPORT AND RECOMMENDATIONS as to Neil
Scott Kaplan, Tim Brown, William Luis Lenis, Monica Lenis re 256
MOTION to Sever Defendant, 234 MOTION to Sever Defendant, 250
MOTION to Sever Defendant, 185 MOTION to Sever Defendant
MOTION FOR SEVERANCE (Woelfle, Marty) (Entered: 03/30/2007)
PACER Service Center
Transaction Receipt
04/02/2007 11:23:06
PACER
Login: mb0978 Client Code: 55101
Description: Docket
Report Search Criteria: 4:06-cr-00337-CEJ-MLM
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Billable Pages: 30 Cost: 2.40
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Eastern District of Missouri (LIVE) (St. Louis)
CRIMINAL DOCKET FOR CASE #: 4:06-cr-00337-CEJ-MLM-ALL
R/R
Case title: USA v. Betonsports PLC et al Date Filed: 06/01/2006
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Betonsports PLC (1)
its predecessors holding companies,
subsidiaries and associated entities
represented byJeffrey T. Demerath
ARMSTRONG TEASDALE, LLP
One Metropolitan Square
Suite 2600
St. Louis, MO 63102-2740
314-342-4103
Fax: 314-552-4867
Email:
jdemerath@armstrongteasdale.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
SCHEME TO DEFRAUD - MAIL
(2r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
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None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Gary Stephen Kaplan (2)
also known as
Greg Champion (2)
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
USE OF COMMUNICATIONS
FACILITY TO TRANSMIT BETS
AND BETTING INFORMATION
(3r-12r)
INTERSTATE TRANSPORTATION
OF GAMBLING PARAPHERNALIA
(13r)
TAX EVASION
(14r-16r)
INTERFERENCE WITH
ADMINISTRATION OF REVENUE
LAWS
(17r-22r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
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Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Neil Scott Kaplan (3)
also known as
Scott Kaye (3)
represented byBrian Steel
THE STEEL LAW FIRM, PC
1800 Peachtree St., N.W.
Suite 300
Atlanta, GA 30309
US
404-605-0023
Fax: 404-352-5636
Email: thesteellawfirm@msn.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Susan Kister
MOLINE AND SHOSTAK
8015 Forsyth Boulevard
St. Louis, MO 63105
314-725-3200
Fax: 314-725-3275
Email: skister@msmattorneys.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
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Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Lori Beth Kaplan-Multz (4)
also known as
Beth (4)
represented byEdward L. Dowd, Jr.
DOWD BENNETT, LLP
7733 Forsyth
Suite 1410
Clayton, MO 63105
US
314-889-7301
Fax: 314-863-2111
Email: edowd@dowdbennett.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Robert F. Katzberg
KAPLAN & KATZBERG
767 Third Avenue
26th Floor
New York, NY 10017
US
212-750-3100
Fax: 212-759-8628
Email: rkatzberg@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
James F. Bennett
DOWD BENNETT, LLP
7733 Forsyth
Suite 1410
Clayton, MO 63105
US
314-889-7302
Fax: 314-863-2111
Email: jbennett@dowdbennett.com
ATTORNEY TO BE NOTICED
Designation: Retained
Robert F. Epperson, Jr.
DOWD BENNETT, LLP
7733 Forsyth
Suite 1410
Clayton, MO 63105
US
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314-889-7306
Fax: 314-863-2111
Email: repperson@dowdbennett.com
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
David Carruthers (5) represented byN. Scott Rosenblum
ROSENBLUM AND SCHWARTZ
120 S. Central Avenue
Suite 130
Clayton, MO 63105
314-862-4332
Fax: 314-862-8050
Email: srosenblum@rsrglaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Ralph Timothy Evans
EVANS AND GANDY
115 W. 2nd
Suite 202
Fort Worth, TX 76102
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US
817-332-3822
Fax: 817-332-2763
Email: timevans@egdmlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Adam D. Fein
ROSENBLUM AND SCHWARTZ
120 S. Central Avenue
Suite 130
Clayton, MO 63105
314-862-4332
Fax: 314-862-8050
Email: afein@rsrglaw.com
ATTORNEY TO BE NOTICED
Designation: Retained
Gilbert C. Sison
ROSENBLUM AND SCHWARTZ
120 S. Central Avenue
Suite 130
Clayton, MO 63105
314-862-4332
Fax: 314-862-8050
Email: gsison@rsrglaw.com
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
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Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Peter Wilson (6)
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Norman Steinberg (7)
also known as
David Norman (7)
also known as
Tom Miller (7)
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
USE OF COMMUNICATIONS
FACILITY TO TRANSMIT BETS
AND BETTING INFORMATION
(3r-12r)
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INTERFERENCE WITH
ADMINISTRATION OF REVENUE
LAWS
(17r-22r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Tim Brown (8)
also known as
Matt Brown (8)
represented byStephen R. Lacheen
LACHEEN AND DIXON, LLP
1429 Walnut Street
Suite 1301
Philadelphia, PA 19102
US
215-735-5900
Fax: 215-561-1860
Email: slacheen@concentric.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
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None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Direct Mail Expertise, Inc. (9) represented byPaul J. D'Agrosa
WOLFF AND D'AGROSA
8019 Forsyth
Clayton, MO 63105
314-725-8019
Fax: 314-725-8443
Email: wolffdagrosa@birch.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
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Referred to: Mag Judge Mary Ann L.
Medler
Defendant
DME Global Marketing &
Fulfillment, Inc. (10) represented byPaul J. D'Agrosa (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
SCHEME TO DEFRAUD - MAIL
(2r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Mobile Promotions, Inc. (11) represented byPaul J. D'Agrosa
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
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INTERSTATE TRANSPORTATION
OF GAMBLING PARAPHERNALIA
(13r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
William Hernan Lenis (12) represented byAlan S. Ross
ROBBINS TUNKEY ROSS
2250 S.W. 3rd Avenue
4th Floor
Lawyer's Plaza
Miami, FL 33129-2095
US
305-858-9550
Fax: 305-858-7491
Email: alanross@crimlawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
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None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
William Luis Lenis (13) represented byBurton H. Shostak
MOLINE AND SHOSTAK
8015 Forsyth Boulevard
St. Louis, MO 63105
314-725-3200
Fax: 314-725-3275
Email: bshostak@msmattorneys.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
INTERSTATE TRANSPORTATION
OF GAMBLING PARAPHERNALIA
(13r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
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Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Manny Gustavo Lenis (14) represented byRichard H. Sindel
SINDEL AND SINDEL
8008 Carondelet
Suite 301
Clayton, MO 63105
314-721-6040
Fax: 314-721-8545
Email: rsindel@sindellaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Assigned to: Honorable Carol E.
Jackson
Referred to: Mag Judge Mary Ann L.
Medler
Defendant
Monica Lenis (15) represented byJohn David Bogenschutz
BOGENSCHUTZ AND DUTKO
600 S. Andrews Avenue
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Suite 500
Fort Lauderdale, FL 33301
US
954-764-2500
Email: kkllaw@bellsouth.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts Disposition
RACKETEERING CONSPIRACY
(1r)
INTERSTATE TRANSPORTATION
OF GAMBLING PARAPHERNALIA
(13r)
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None
Plaintiff
USA represented byMichael K. ***an
OFFICE OF U.S. ATTORNEY
111 S. Tenth Street
20th Floor
St. Louis, MO 63102
314-539-2200
Fax: 314-539-7695
Email: michael.***an@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Marty Woelfle
U.S. DEPARTMENT OF JUSTICE
1301 New York Ave.
Room 705
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Washington, DC 20005
202-353-2373
Email: marty.woelfle@usdoj.gov
ATTORNEY TO BE NOTICED
Steven A. Muchnick
OFFICE OF U.S. ATTORNEY
111 S. Tenth Street
20th Floor
St. Louis, MO 63102
314-539-2200
Fax: 314-539-7695
Email: steven.muchnick@usdoj.gov
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
06/01/2006 1 INDICTMENT as to Betonsports PLC (1) count(s) 1, 2, Gary Stephen
Kaplan (2) count(s) 1, 3-12, 13, 14-16, 17-22, Neil Scott Kaplan (3)
count(s) 1, Lori Beth Kaplan-Multz (4) count(s) 1, David Carruthers (5)
count(s) 1, Peter Wilson (6) count(s) 1, Norman Steinberg (7) count(s) 1,
3-12, 17-22, Tim Brown (8) count(s) 1, Direct Mail Expertise, Inc. (9)
count(s) 1, DME Global Marketing & Fulfillment, Inc. (10) count(s) 1, 2,
Mobile Promotions, Inc. (11) count(s) 1, 13, William Hernan Lenis (12)
count(s) 1, William Luis Lenis (13) count(s) 1, 13, Manny Gustavo Lenis
(14) count(s) 1, Monica Lenis (15) count(s) 1, 13. (Attachments: # 1
Criminal Cover Sheet Betonsports PLC# 2 Criminal Cover Sheet G.
Kaplan# 3 Criminal Cover Sheet N. Kaplan# 4 Criminal Cover Sheet
Multz# 5 Criminal Cover Sheet Carruthers# 6 Criminal Cover Sheet
Wilson# 7 Criminal Cover Sheet Steinberg# 8 Criminal Cover Sheet
Brown# 9 Criminal Cover Sheet Direct Mail# 10 Criminal Cover Sheet
DME Global# 11 Criminal Cover Sheet W. H. Lenis# 12 Criminal Cover
Sheet W. L. Lenis# 13 Criminal Cover Sheet M. G. Lenis# 14 Criminal
Cover Sheet M. Lenis# 15 Criminal Cover Sheet Mobile Promotions,
Inc.) (SAJ) (Entered: 06/02/2006)
06/01/2006 2 REDACTED INDICTMENT as to Betonsports PLC (1): Former count 1
is now count 1r. Former count 2 is now count 2r. Gary Stephen Kaplan
(2): Former count 1 is now count 1r. Former count 3-12 is now count 3r-
12r. Former count 13 is now count 13r. Former count 14-16 is now count
14r-16r. Former count 17-22 is now count 17r-22r. Neil Scott Kaplan (3):
Former count 1 is now count 1r. Lori Beth Kaplan-Multz (4): Former
count 1 is now count 1r. David Carruthers (5): Former count 1 is now
count 1r. Peter Wilson (6): Former count 1 is now count 1r. Norman
Steinberg (7): Former count 1 is now count 1r. Former count 3-12 is now
count 3r-12r. Former count 17-22 is now count 17r-22r. Tim Brown (8):
Former count 1 is now count 1r. Direct Mail Expertise, Inc. (9): Former
count 1 is now count 1r. DME Global Marketing & Fulfillment, Inc. (10):
Former count 1 is now count 1r. Former count 2 is now count 2r. Mobile
Promotions, Inc. (11): Former count 1 is now count 1r. Former count 13
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is now count 13r. William Hernan Lenis (12): Former count 1 is now
count 1r. William Luis Lenis (13): Former count 1 is now count 1r.
Former count 13 is now count 13r. Manny Gustavo Lenis (14): Former
count 1 is now count 1r. Monica Lenis (15): Former count 1 is now count
1r. Former count 13 is now count 13r. (SAJ) Modified on 10/27/2006
(SAJ, ). (Entered: 06/02/2006)
06/01/2006 3 Order:...IT IS BY THE COURT ORDERED that said indictment shall be
sealed and suppressed by the Clerk of the Court until said defendant is in
custody or has given bail for the defendant's final appearance. Order as to
Betonsports PLC, Gary Stephen Kaplan, Neil Scott Kaplan, Lori Beth
Kaplan-Multz, David Carruthers, Peter Wilson, Norman Steinberg, Tim
Brown, Direct Mail Expertise, Inc., DME Global Marketing &
Fulfillment, Inc., Mobile Promotions, Inc., William Hernan Lenis,
William Luis Lenis, Manny Gustavo Lenis, Monica Lenis. . Signed by
Judge David D. Noce on 06/01/2006. (SAJ) (Entered: 06/02/2006)
06/01/2006 4 ENTRY OF ATTORNEY APPEARANCE Michael K. ***an appearing
for USA. (SAJ) (Entered: 06/02/2006)
06/01/2006 5 MOTION for Pretrial Detention and Hearing by USA as to defendant
Gary Stephen Kaplan. (SAJ, ) (Entered: 06/02/2006)
06/01/2006 6 MOTION for Pretrial Detention and Hearing by USA as to defendant
David Carruthers. (SAJ, ) (Entered: 06/02/2006)
06/01/2006 7 MOTION for Pretrial Detention and Hearing by USA as to defendant
Peter Wilson. (SAJ, ) (Entered: 06/02/2006)
06/01/2006 8 MOTION for Pretrial Detention and Hearing by USA as to defendant
Norman Steinberg. (SAJ, ) (Entered: 06/02/2006)
07/14/2006 Summons Issued in case as to Betonsports PLC, Direct Mail Expertise,
Inc., DME Global Marketing & Fulfillment, Inc., Mobile Promotions,
Inc. Initial Appearance set for 7/31/2006 11:30 AM in Courtroom 13S
before Mag Judge Mary Ann L. Medler. (SAJ) (Entered: 07/14/2006)
07/14/2006 REMARK - THE SUMMONS ISSUED IN THIS CASE as to
Betonsports PLC, Direct Mail Expertise, Inc., DME Global Marketing &
Fulfillment, Inc., Mobile Promotions, Inc.: WERE DIRECTLY GIVEN
TO THE IRS AGENT, JOE LUDEWIG TO SERVE ON ABOVE
MENTIONED DEFENDANTS. (SAJ) (Entered: 07/14/2006)
07/17/2006 9 LETTER LIFTING SUPPRESSION - Indictment/Superseding
Indictment unsealed as to Betonsports PLC, Gary Stephen Kaplan, Neil
Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, and Monica Lenis.
(KLK) (Entered: 07/18/2006)
07/17/2006 Arrest of defendant William Luis Lenis date of arrest: 7/17/06 (LGK, )
(Entered: 07/26/2006)
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07/17/2006 Arrest of defendant David Carruthers: date of arrest - 7/17/06 (CMA)
(Entered: 07/26/2006)
07/17/2006 Arrest of defendant Manny Gustavo Lenis date of arrest: 7/17/06 (LAH, )
(Entered: 08/01/2006)
07/17/2006 Arrest of defendant Neil Scott Kaplan date of arrest: 7/17/06 (LAH, )
(Entered: 08/01/2006)
07/17/2006 Arrest of defendant Tim Brown: date of arrest - 7/17/06 (CMA) (Entered:
08/07/2006)
07/18/2006 12 Personal Security Bond Bond Entered as to defendant William Luis Lenis
in amount of $ $1,000,000.00 . Signed by Judge Torres on 7/18/06.
(LGK, ) (Entered: 07/26/2006)
07/18/2006 13 ORDER Setting Conditions of Release by Defendant William Luis Lenis.
as to William Luis Lenis (13) $1,000,000 Personal Security Bond .
Signed by Judge Torres on 7/18/06. (LGK, ) (Entered: 07/26/2006)
07/18/2006 Arrest of defendant Monica Lenis date of arrest: 7/18/06 (LGK, )
(Entered: 07/26/2006)
07/18/2006 15 Personal Security Bond Bond Entered as to defendant Monica Lenis in
amount of $ $1,000,000, . Signed by Judge Torres on 7/18/06. (LGK, )
(Entered: 07/26/2006)
07/18/2006 16 ORDER Setting Conditions of Release by Defendant Monica Lenis. as to
Monica Lenis (15) $1,000,000 personal security bond . Signed by Judge
Torres on 7/18/06. (LGK, ) (Entered: 07/26/2006)
07/18/2006 Arrest of defendant William Hernan Lenis date of arrest: 7/18/06 (LGK, )
(Entered: 07/26/2006)
07/18/2006 18 Personal Security Bond Bond Entered as to defendant William Hernan
Lenis in amount of $ $1,000,000, . Signed by Judge Torres on 7/18/06.
(LGK, ) (Entered: 07/26/2006)
07/18/2006 19 ORDER Setting Conditions of Release by Defendant William Hernan
Lenis. as to William Hernan Lenis (12) $1,000,000 personal security
bond . Signed by Judge Torres on 7/18/06. (LGK, ) (Entered:
07/26/2006)
07/18/2006 Arrest of defendant Lori Beth Kaplan-Multz: date of arrest: 7/18/06
(CMA) (Entered: 08/16/2006)
07/24/2006 10 Summons Returned Executed on 7/16/2006 as to Betonsports PLC.
(ARL) (Entered: 07/25/2006)
07/25/2006 11 Rule 5(c)(3) Documents Received as to William Luis Lenis consisting of
docket sheet, order of removal, waiver of removal hearing, attorney
appearance form, intial appearance papers, order unsealing indictment,
and indictment. (LGK, ) (Entered: 07/26/2006)
07/25/2006 14 Rule 5(c)(3) Documents Received as to Monica Lenis consisting of
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docket sheet, order of removal, waiver of removal hearing, initial
appearance papers, and indictment. (LGK, ) (Entered: 07/26/2006)
07/25/2006 17 Rule 5(c)(3) Documents Received as to William Hernan Lenis consisting
of docket sheet, order of removal, waiver of removal hearing, initial
appearance papers, and indictment (LGK, ) (Entered: 07/26/2006)
07/25/2006 20 Warrant Returned Executed on 7/17/06 in case as to Manny Gustavo
Lenis re: indictment (LGK, ) (Entered: 07/26/2006)
07/25/2006 21 Warrant Returned Executed on 7/17/06 in case as to William Luis Lenis
re: indictment (LGK, ) (Entered: 07/26/2006)
07/25/2006 22 Warrant Returned Executed on 7/18/06 in case as to Monica Lenis re:
indictment (LGK, ) (Entered: 07/26/2006)
07/25/2006 23 Warrant Returned Executed on 7/18/06 in case as to William Hernan
Lenis re: indictment (LGK, ) (Entered: 07/26/2006)
07/26/2006 24 Rule 5(c)(3) Documents Received as to David Carruthers (CMA)
(Entered: 07/26/2006)
07/26/2006 25 ORDER HOLDING DEFENDANT TO ANSWER AND TO APPEAR
IN DISTRICT OF PROSECUTION OR DISTRICT HAVING
PROBATION JURISDICTION as to David Carruthers: The Deft having
appeared before this Court pursuant to Rule 5 Federal Rules of Criminal
Procedure, and proceedings having been concluded, and Deft ordered
detained; It is ordered that the Deft is detained w/o bond and ordered
removed to the Charging District; Signed by Judge Charles Bleil on
7/21/06 (CMA) (Entered: 07/26/2006)
07/26/2006 26 CJA 23 Financial Affidavit by David Carruthers signed on 7/17/06
(CMA) (Entered: 07/26/2006)
07/27/2006 28 MOTION for Leave to Appear Pro Hac Vice Attorney: Robert Katzberg.
by Lori Beth Kaplan-Multz. (LGK, ) (Entered: 07/28/2006)
07/27/2006 Receipt # S2006-009639 in the amount of $100.00 for ATTORNEY
ADM. FEE - PHV on behalf of KATZBERG, ROBERT F.. (CSW,)
(Entered: 07/31/2006)
07/28/2006 27 ENTRY OF ATTORNEY APPEARANCE Marty Woelfle appearing for
USA. (Woelfle, Marty) (Entered: 07/28/2006)
07/28/2006 29 MOTION for Leave to Appear Pro Hac Vice Attorney: Brian Steel. by
Neil Scott Kaplan. Receipt #S2006-9675. (ARL) (Entered: 07/31/2006)
07/28/2006 Receipt # S2006-009675 in the amount of $100.00 for ATTORNEY
ADM. FEE - PHV on behalf of STEEL, BRIAN. (CSW,) (Entered:
07/31/2006)
07/31/2006 Docket Text ORDER as to Lori Beth Kaplan-Multz re 28 MOTION for
Leave to Appear Pro Hac Vice Attorney: Robert Katzberg. filed by Lori
Beth Kaplan-Multz: Ordered: GRANTED . Signed by Judge Mary Ann
L. Medler on 7/31/06. (MLM) (Entered: 07/31/2006)
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07/31/2006 Docket Text ORDER as to Neil Scott Kaplan re 29 MOTION for Leave
to Appear Pro Hac Vice Attorney: Brian Steel. filed by Neil Scott
Kaplan: Ordered: GRANTED . Signed by Judge Mary Ann L. Medler on
7/31/06. (MLM) (Entered: 07/31/2006)
07/31/2006 30 MOTION for Leave to Appear Pro Hac Vice Attorney: Ralph Timothy
(Tim) Evans by David Carruthers; Receipt #S2006-9687; (DJO)
(Entered: 07/31/2006)
07/31/2006 31 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to Neil Scott Kaplan (3)
Count 1r held on 7/31/2006; Evidentiary Hearing set for 8/21/2006 09:30
AM in Courtroom 13S before Mag Judge Mary Ann L. Medler; (FTR
Gold Operator: D. O'Leary.) (FTR Gold : yes.) (proceedings started:
11:43 a.m.) (proceedings ended: 11:47 a.m.) (Defendant Location: bond.)
(DJO) (Entered: 07/31/2006)
07/31/2006 32 ORDER CONCERNING PRETRIAL MOTIONS as to Neil Scott
Kaplan; Forthwith each party may propound to opposing party and may
file w/the court any request for pretrial disclosure of evidence or
information not later than forthwith; The parties shall respond to any
such request for pretrial disclosure not later than 08/20/2006; Counsel for
defendant to file with the court a memorandum if defendant chooses not
to file any pretrial motions not later than 08/15/2006; Criminal Pretrial
Motion due by 8/15/2006; Evidentiary Hearing set for 8/21/2006 09:30
AM in Courtroom 13S before Mag Judge Mary Ann L. Medler; Signed
by Judge Mary Ann L. Medler on 07/31/2006; (DJO) (Entered:
07/31/2006)
07/31/2006 33 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to Lori Beth Kaplan-Multz (4)
Count 1r held on 7/31/2006; Evidentiary Hearing set for 8/21/2006 09:30
AM in Courtroom 13S before Mag Judge Mary Ann L. Medler; (FTR
Gold Operator: D. O'Leary.) (FTR Gold : yes.) (proceedings started:
11:39 a.m.) (proceedings ended: 11:42 a.m.) (Defendant Location: bond.)
(DJO) (Entered: 07/31/2006)
07/31/2006 34 ORDER CONCERNING PRETRIAL MOTIONS as to Lori Beth
Kaplan-Multz Forthwith each party may propound to opposing party and
may file w/the court any request for pretrial disclosure of evidence or
information not later than forthwith. The parties shall respond to any such
request for pretrial disclosure not later than 08/20/2006. Counsel for
defendant to file with the court a memorandum if defendant chooses not
to file any pretrial motions not later than 08/15/2006. Evidentiary
Hearing set for 8/21/2006 09:30 AM in Courtroom 13S before Mag
Judge Mary Ann L. Medler; Signed by Judge Mary Ann L. Medler on
07/31/2006; (DJO) (Entered: 07/31/2006)
07/31/2006 35 MOTION for Leave to Appear Pro Hac Vice Attorney: Stephen Robert
Lacheen by Tim Brown; receipt #2006-9691; (DJO) (Entered:
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07/31/2006)
07/31/2006 36 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to Tim Brown (8) Count 1r
held on 7/31/2006 Attorney Stephen R. Lacheen for Tim Brown added;
Evidentiary Hearing set for 8/21/2006 09:30 AM in Courtroom 13S
before Mag Judge Mary Ann L. Medler;(FTR Gold Operator: D.
O'Leary.) (FTR Gold : yes.) (proceedings started: 11:47 a.m.)
(proceedings ended: 11:50 a.m.) (Defendant Location: bond.) (DJO)
(Entered: 07/31/2006)
07/31/2006 37 ORDER CONCERNING PRETRIAL MOTIONS as to Tim Brown
Forthwith each party may propound to opposing party and may file w/the
court any request for pretrial disclosure of evidence or information not
later than forthwith. The parties shall respond to any such request for
pretrial disclosure not later than 08/20/2006. Counsel for defendant to file
with the court a memorandum if defendant chooses not to file any pretrial
motions not later than 08/15/2006. Evidentiary Hearing set for 8/21/2006
09:30 AM in Courtroom 13S before Mag Judge Mary Ann L. Medler;
Signed by Judge Mary Ann L. Medler on 07/31/2006; (DJO) (Entered:
07/31/2006)
07/31/2006 38 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to DME Global Marketing &
Fulfillment, Inc. (10) Count 1r,2r held on 7/31/2006 Attorney Paul J.
D'Agrosa for DME Global Marketing & Fulfillment, Inc. added;
Evidentiary Hearing set for 8/21/2006 09:30 AM in Courtroom 13S
before Mag Judge Mary Ann L. Medler;(FTR Gold Operator: D.
O'Leary.) (FTR Gold : yes.) (proceedings started: 12:03 p.m.)
(proceedings ended: 12:06 p.m.) (DJO) (Entered: 07/31/2006)
07/31/2006 39 ORDER CONCERNING PRETRIAL MOTIONS as to DME Global
Marketing & Fulfillment, Inc. Forthwith each party may propound to
opposing party and may file w/the court any request for pretrial
disclosure of evidence or information not later than forthwith. The parties
shall respond to any such request for pretrial disclosure not later than
08/20/2006. Counsel for defendant to file with the court a memorandum
if defendant chooses not to file any pretrial motions not later than
08/15/2006; Evidentiary Hearing set for 8/21/2006 09:30 AM in
Courtroom 13S before Mag Judge Mary Ann L. Medler; Signed by Judge
Mary Ann L. Medler on 07/31/2006; (DJO) (Entered: 07/31/2006)
07/31/2006 40 MOTION for Leave to Appear Pro Hac Vice Attorney: Alan S. Ross by
William Hernan Lenis; receipt #S2006-9685; (DJO) (Entered:
07/31/2006)
07/31/2006 41 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to William Hernan Lenis (12)
Count 1r held on 7/31/2006 Attorney Alan S. Ross for William Hernan
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Lenis added. Evidentiary Hearing set for 8/21/2006 09:30 AM in
Courtroom 13S before Mag Judge Mary Ann L. Medler; (FTR Gold
Operator: D. O'Leary.) (FTR Gold : yes.) (proceedings started: 11:50
a.m.) (proceedings ended: 11:53 a.m.) (Defendant Location: bond.)
(DJO) (Entered: 07/31/2006)
07/31/2006 42 MOTION for Protective Order by USA as to defendant Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Tim Brown, William
Hernan Lenis, William Luis Lenis, Monica Lenis. (Attachments: # 1 Text
of Proposed Order # 2 Text of Proposed Order # 3 Affidavit Service)
(Woelfle, Marty) Modified on 8/1/2006 (DJO). (Entered: 07/31/2006)
07/31/2006 43 ORDER CONCERNING PRETRIAL MOTIONS as to William Hernan
Lenis Forthwith each party may propound to opposing party and may file
w/the court any request for pretrial disclosure of evidence or information
not later than forthwith. The parties shall respond to any such request for
pretrial disclosure not later than 08/20/2006. Counsel for defendant to file
with the court a memorandum if defendant chooses not to file any pretrial
motions not later than 08/15/2006. Evidentiary Hearing set for 8/21/2006
09:30 AM in Courtroom 13S before Mag Judge Mary Ann L. Medler;
Signed by Judge Mary Ann L. Medler on 07/31/2006; (DJO) (Entered:
07/31/2006)
07/31/2006 44 MOTION for Protective Order by USA as to defendant DME Global
Marketing & Fulfillment, Inc., Manny Gustavo Lenis. (Attachments: # 1
Text of Proposed Order # 2 Text of Proposed Order Certification# 3
Affidavit Service)(Woelfle, Marty) Modified on 8/1/2006 (DJO).
(Entered: 07/31/2006)
07/31/2006 45 MOTION to Designate as Complex by USA as to defendant Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Tim Brown, William
Hernan Lenis, William Luis Lenis, Monica Lenis. (Attachments: # 1 Text
of Proposed Order # 2 Affidavit Service)(Woelfle, Marty) Modified on
8/1/2006 (DJO). (Entered: 07/31/2006)
07/31/2006 46 MOTION to Designate as complex by USA as to defendant DME Global
Marketing & Fulfillment, Inc., Manny Gustavo Lenis. (Attachments: # 1
Text of Proposed Order # 2 Affidavit Service)(Woelfle, Marty) Modified
on 8/1/2006 (DJO). (Entered: 07/31/2006)
07/31/2006 47 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to William Luis Lenis (13)
Count 1r,13r held on 7/31/2006; Attorney Alan Ross appears for
defendant for ARRAIGNMENT ONLY; Evidentiary Hearing set for
8/21/2006 09:30 AM in Courtroom 13S before Mag Judge Mary Ann L.
Medler; (FTR Gold Operator: D. O'Leary.) (FTR Gold : yes.)
(proceedings started: 11:56 a.m.) (proceedings ended: 12:00 p.m.)
(Defendant Location: bond.) (DJO) (Entered: 07/31/2006)
07/31/2006 48 ORDER CONCERNING PRETRIAL MOTIONS as to William Luis
Lenis Forthwith each party may propound to opposing party and may file
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w/the court any request for pretrial disclosure of evidence or information
not later than Forthwith. The parties shall respond to any such request for
pretrial disclosure not later than 08/20/2006. Counsel for defendant to file
with the court a memorandum if defendant chooses not to file any pretrial
motions not later than 08/15/2006. Evidentiary Hearing set for 8/21/2006
09:30 AM in Courtroom 13S before Mag Judge Mary Ann L. Medler;
Signed by Judge Mary Ann L. Medler on 07/31/2006; (DJO) (Entered:
07/31/2006)
07/31/2006 49 MOTION for Leave to Appear Pro Hac Vice Attorney: John David
Bogenschutz by Monica Lenis; Receipt #S2006-9686; (DJO) (Entered:
07/31/2006)
07/31/2006 Receipt # S2006-009685 in the amount of $100.00 for ATTORNEY
ADM. FEE - PHV on behalf of LENIS, WILLIAM HERNAN. (CSW,)
(Entered: 07/31/2006)
07/31/2006 Receipt # S2006-009686 in the amount of $100.00 for ATTORNEY
ADM. FEE - PHV on behalf of LENIS, MONICA. (CSW,) (Entered:
07/31/2006)
07/31/2006 Receipt # S2006-009687 in the amount of $100.00 for ATTORNEY
ADM. FEE - PHV on behalf of CARRUTHERS, DAVID. (CSW,)
(Entered: 07/31/2006)
07/31/2006 Receipt # S2006-009691 in the amount of $100.00 for ATTORNEY
ADM. FEE - PHV on behalf of BROWN, TIM. (CSW,) (Entered:
07/31/2006)
07/31/2006 50 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to Monica Lenis (15) Count
1r,13r held on 7/31/2006; THE COURT EXCUSED DEFENDANT'S
APPEARANCE BASED ON HER AFFIDAVIT AND HER DOCTOR'S
CERTIFICATION; Evidentiary Hearing set for 8/21/2006 09:30 AM in
Courtroom 13S before Mag Judge Mary Ann L. Medler. (FTR Gold
Operator: D. O'Leary.) (FTR Gold : yes.) (proceedings started: 11:53
a.m.) (proceedings ended: 11:56 a.m.) (Defendant Location: bond.)
(DJO) (Entered: 08/01/2006)
07/31/2006 51 WAIVER of APPEARANCE by defendant Monica Lenis re Arraignment
w/ doctor's note attached; (DJO) (Entered: 08/01/2006)
07/31/2006 52 ORDER CONCERNING PRETRIAL MOTIONS as to Monica Lenis
Forthwith each party may propound to opposing party and may file w/the
court any request for pretrial disclosure of evidence or information not
later than forthwith. The parties shall respond to any such request for
pretrial disclosure not later than 08/20/2006. Counsel for defendant to file
with the court a memorandum if defendant chooses not to file any pretrial
motions not later than 08/15/2006. Evidentiary Hearing set for 8/21/2006
09:30 AM in Courtroom 13S before Mag Judge Mary Ann L. Medler;
Signed by Judge Mary Ann L. Medler on 07/31/2006; (DJO) (Entered:
08/01/2006)
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07/31/2006 53 Minute Entry for proceedings held before Judge Mary Ann L.
Medler:Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to David Carruthers (5) Count
1r held on 7/31/2006 Evidentiary Hearing set for 8/21/2006 09:30 AM
before Mag Judge Mary Ann L. Medler. (Court Reporter or FTR Gold
Operator initials: D. O'Leary.) (FTR Gold : yes.) (proceedings started:
4:01.) (proceedings ended: 4:09.) (Defendant Location: custody.) (LAH, )
(Entered: 08/01/2006)
07/31/2006 54 Rule 5(c)(3) Documents Received as to Manny Gustavo Lenis (LAH, )
(Entered: 08/01/2006)
07/31/2006 55 ORDER Setting Conditions of Release by Defendant Manny Gustavo
Lenis. Signed by United States Magistrate Judge - Southern District of
Florida on 7/19/06. (LAH, ) (Entered: 08/01/2006)
07/31/2006 56 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Arraignment: Parties present for arraignment. Defendant waives
reading of indictment, plea of not guilty as to Manny Gustavo Lenis (14)
Count 1r held on 7/31/2006 Attorney Richard H. Sindel for Manny
Gustavo Lenis added. Evidentiary Hearing set for 8/21/2006 09:30 AM
before Mag Judge Mary Ann L. Medler. (Court Reporter or FTR Gold
Operator initials: D. O'Leary.) (FTR Gold : yes.) (proceedings started:
12:00.) (proceedings ended: 12:02.) (Defendant Location: bond.) (LAH, )
(Entered: 08/01/2006)
07/31/2006 57 ORDER CONCERNING PRETRIAL MOTIONS as to Manny Gustavo
Lenis Forthwith each party may propound to opposing party and may file
w/the court any request for pretrial disclosure of evidence or information
not later than forthwith. The parties shall respond to any such request for
pretrial disclosure not later than 8/10/06. Counsel for defendant to file
with the court a memorandum if defendant chooses not to file any pretrial
motions not later than 8/21/06. Criminal Pretrial Motion due by
8/15/2006. Evidentiary Hearing set for 8/21/2006 09:30 AM before Mag
Judge Mary Ann L. Medler.Signed by Judge Mary Ann L. Medler on
7/31/06. (LAH, ) (Entered: 08/01/2006)
07/31/2006 58 Rule 5(c)(3) Documents Received as to Neil Scott Kaplan (LAH, )
(Entered: 08/01/2006)
07/31/2006 59 ORDER Setting Conditions of Release by Defendant Neil Scott Kaplan.
as to Neil Scott Kaplan (3) $100,000 CSB Signed by United States
Magistrate Judge, Southern District of Florida on 7/25/06. (LAH, )
(Entered: 08/01/2006)
07/31/2006 60 ORDER Setting Conditions of Release by Defendant Neil Scott Kaplan.
as to Neil Scott Kaplan (3) $900,000.00 - PSB Signed by United States
Magistrate Judge - Southern District of FL on 7/25/06. (LAH, ) (Entered:
08/01/2006)
08/01/2006 Docket Text ORDER as to David Carruthers, Tim Brown, William
Hernan Lenis, Monica Lenis: re 30 MOTION for Leave to Appear Pro
Hac Vice Attorney: Ralph Timothy (Tim) Evans, filed by David
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Carruthers; 49 MOTION for Leave to Appear Pro Hac Vice Attorney:
John David Bogenschutz, filed by Monica Lenis; 40 MOTION for Leave
to Appear Pro Hac Vice Attorney: Alan S. Ross, filed by William Hernan
Lenis; 35 MOTION for Leave to Appear Pro Hac Vice Attorney: Stephen
Robert Lacheen, filed by Tim Brown: Ordered GRANTED . Signed by
Judge Mary Ann L. Medler on 8/1/06. (MLM, ) (Entered: 08/01/2006)
08/03/2006 62 ORDER MODIFYING Conditions of Release by Defendant Lori Beth
Kaplan-Multz; Signed by Judge Mary Ann L. Medler on 08/03/2006;
(DJO) (Entered: 08/03/2006)
08/03/2006 ORDER RECEIPT: (see receipt) Thu Aug 3 09:22:34 CDT 2006 (DJO, )
(Entered: 08/03/2006)
08/03/2006 64 Warrant Returned Executed on 7/18/06 in case as to Lori Beth Kaplan-
Multz re: indictment (LAH, ) (Entered: 08/03/2006)
08/03/2006 65 Warrant Returned Executed on 7/21/06 in case as to Neil Scott Kaplan re:
indictment (LAH, ) (Entered: 08/03/2006)
08/03/2006 66 Warrant Returned Executed on 7/17/06 in case as to David Carruthers re:
indictment (LAH, ) (Entered: 08/03/2006)
08/03/2006 REMARK as to Lori Beth Kaplan-Multz: document 63 does not exist - it
was a duplicate of 61; (DJO) (Entered: 08/04/2006)
08/07/2006 67 Rule 5(c)(3) Documents Received as to Tim Brown (CMA) (Entered:
08/07/2006)
08/07/2006 68 Appearance Bond Entered as to defendant Tim Brown in the amount of
$150,000.00 Secured by Property; Signed by Steve Tomas, Deputy
Clerk, on 7/17/06 (CMA) (Entered: 08/07/2006)
08/08/2006 69 MOTION to Continue ; 8/21/06 evidentiary hearing and for enlargement
to file pre-trial motions by William Hernan Lenis. (Ross, Alan) (Entered:
08/08/2006)
08/08/2006 70 MOTION for Joinder Request for Enlargement of Time by Which to File
Pretrial Motions and for Continuance of Evidentiary/Waiver Hearing by
Manny Gustavo Lenis. (Sindel, Richard) (Entered: 08/08/2006)
08/09/2006 71 NOTICE by William Hernan Lenis of: Withdrawal of Motion to
Continue Evidentiary Hearing and For Enlargement of Time (Ross, Alan)
(Entered: 08/09/2006)
08/09/2006 72 Response to Order Concerning Pretrial Motions as to William Hernan
Lenis Request for Enlargement of Time by Which to File Pre-Trial
Motions and for Continuance of Evidentiary/Waiver Hearing (Ross,
Alan) (Entered: 08/09/2006)
08/09/2006 73 ENTRY OF ATTORNEY APPEARANCE: by N. Scott Rosenblum on
behalf of David Carruthers (Rosenblum, N.) (Entered: 08/09/2006)
08/09/2006 74 ENTRY OF ATTORNEY APPEARANCE: by Adam D. Fein on behalf
of David Carruthers (Fein, Adam) (Entered: 08/09/2006)
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08/10/2006 75 MOTION to Continue ; Order Concerning Pretrial Motions and to
Reschedule Deadlines by David Carruthers. (Evans, Ralph) (Entered:
08/10/2006)
08/10/2006 76 RESPONSE to Motion by David Carruthers re 45 MOTION for
Extension of Time - designate as complex (Evans, Ralph) (Entered:
08/10/2006)
08/11/2006 77 REPLY TO RESPONSE to Motion by USA as to Monica Lenis re 42
MOTION for Discovery Protective Order (Attachments: # 1 Text of
Proposed Order # 2 Affidavit Service)(Woelfle, Marty) (Entered:
08/11/2006)
08/11/2006 78 Joint MOTION for Reconsideration of Order Concerning Pre-Trial
Motions by Monica Lenis. (Bogenschutz, John) (Entered: 08/11/2006)
08/11/2006 79 RESPONSE to Motion by Monica Lenis re 42 MOTION for Discovery
Protective Order (Bogenschutz, John) (Entered: 08/11/2006)
08/11/2006 80 RESPONSE to Motion by USA as to Betonsports PLC, Gary Stephen
Kaplan, Neil Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers,
Peter Wilson, Norman Steinberg, Tim Brown, Direct Mail Expertise,
Inc., DME Global Marketing & Fulfillment, Inc., Mobile Promotions,
Inc., William Hernan Lenis, William Luis Lenis, Manny Gustavo Lenis,
Monica Lenis re 78 Joint MOTION for Reconsideration of Order
Concerning Pre-Trial Motions (Attachments: # 1 # 2)(***an, Michael)
(Entered: 08/11/2006)
08/14/2006 81 MOTION to Continue ; Deadlines for Filing Pretrial Motions by Neil
Scott Kaplan. (Steel, Brian) (Entered: 08/14/2006)
08/14/2006 Receipt # S2006-010227 in the amount of $1000000.00 for BOND-BAIL
on behalf of CARRUTHERS, DAVID. (CSW,) (Entered: 08/14/2006)
08/14/2006 94 AFFIDAVIT OF OWNERSHIP for David Carruthers in the amount of
$1,000,000.00 ; owner of bond Rickael Cheung's; (DJO) (Entered:
08/16/2006)
08/15/2006 82 ORDER AMENDING BAIL CONDITIONS as to defendant Tim Brown;
(See Order for details) Signed by Judge Mary Ann L. Medler on
08/15/2006; (DJO) (Entered: 08/15/2006)
08/15/2006 ORDER RECEIPT: (see receipt) Tue Aug 15 13:48:19 CDT 2006
(DJO, ) (Entered: 08/15/2006)
08/15/2006 83 REQUEST to Enlarge Time Within Which to File Pretrial Motions by
DME Global Marketing & Fulfillment, Inc. (D'Agrosa, Paul) (Modified
on 8/16/2006 to Edit Docket Text - CMA) (Entered: 08/15/2006)
08/15/2006 84 MOTION to Adopt the Joint Request for Modification of the Order
Concerning Pretrial Motions as to Manny Gustavo Lenis (Sindel,
Richard) (Note: This Document Was NOT Docketed Using the Motion
Event and Will NOT Appear on the Motion Report) (Modified on
8/16/2006 to Edit Docket Text - CMA) (Entered: 08/15/2006)
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08/15/2006 85 MOTION to Modify Conditions of Release by Lori Beth Kaplan-Multz.
(Attachments: # 1 Text of Proposed Order Amended Order)(Dowd,
Edward) (Entered: 08/15/2006)
08/16/2006 86 Minute Entry for proceedings held before Judge Mary Ann L.
Medler:Bond Execution as to David Carruthers held on 8/16/2006; Bond
executed in the amount of: $1,000,000.00; Evidentiary Hearing Set for
8/21/06 at 9:30 a.m. before Judge Medler; (Court Reporter or FTR Gold
Operator initials: C. Ahring) (FTR Gold: Yes) (proceedings started: 9:28)
(proceedings ended: 9:35) (Defendant Location: Bond) (CMA) (Entered:
08/16/2006)
08/16/2006 87 Appearance Bond Entered as to Defendant David Carruthers in the
amount of $1,000,000.00; Signed by Judge Mary Ann L. Medler on
8/16/06 (CMA) (Entered: 08/16/2006)
08/16/2006 ORDER RECEIPT: (see receipt) Wed Aug 16 12:48:58 CDT 2006
(CMA, ) (Entered: 08/16/2006)
08/16/2006 88 ORDER Setting Conditions of Release by Defendant David Carruthers:
Signed by Judge Mary Ann L. Medler on 8/16/06 (CMA) (Entered:
08/16/2006)
08/16/2006 ORDER RECEIPT: (see receipt) Wed Aug 16 12:52:00 CDT 2006
(CMA, ) (Entered: 08/16/2006)
08/16/2006 89 ORDER (Financial) as to David Carruthers: IT IS HEREBY ORDERED
that the $1,000,000.00 deposited in the Registry of the Court for the bond
of Deft David Carruthers be placed in an interest bearing account; Signed
by Judge Mary Ann L. Medler on 8/16/06 (CMA) (Entered: 08/16/2006)
08/16/2006 ORDER RECEIPT: (see receipt) Wed Aug 16 13:16:51 CDT 2006
(CMA, ) (Entered: 08/16/2006)
08/16/2006 90 AMENDED ORDER CONCERNING PRETRIAL MOTIONS: IT IS
HEREBY ORDERED that the various Motions for Extension of Time
and/or Adopt are GRANTED in part and DENIED in part 69 72 84 70 75
78 81 and 83; IT IS FURTHER ORDERED that pretrial motions shall be
filed no later than 8/29/06 subject to the below Order concerning waivers
of speedy trial; IT IS FURTHER ORDERED that an Evidentiary/Waiver
Hearing shall be held on 9/5/06 at 9:30 a.m. subject to the below Order
concerning waivers of speedy trial; IT IS FURTHER ORDERED,
provided that all Defts have filed a Waiver of Speedy Trial by 8/29/06,
the court will again amend the Scheduling Order to more closely follow
the proposed schedule in the government's Proposed Order attached its
Motion for Designation as a Complex Case; IT IS FURTHER
ORDERED that any motion to adopt the motions of another party will be
denied; granting in part and denying in part 81 Motion to Continue as to
Neil Scott Kaplan (3); granting in part and denying in part 75 Motion to
Continue as to David Carruthers (5); granting in part and denying in part
69 Motion to Continue as to William Hernan Lenis (12); granting in part
and denying in part 70 Motion for Joinder as to Manny Gustavo Lenis
(14); granting in part and denying in part 78 Motion for Reconsideration
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as to Monica Lenis (15); Criminal Pretrial Motion due by 8/29/2006;
Evidentiary Hearing set for 9/5/2006 09:30 AM in Courtroom 13S before
Mag Judge Mary Ann L. Medler; Signed by Judge Mary Ann L. Medler
on 8/16/06 (CMA) (Entered: 08/16/2006)
08/16/2006 ORDER RECEIPT: (see receipt) Wed Aug 16 15:08:14 CDT 2006
(CMA, ) (Entered: 08/16/2006)
08/16/2006 91 ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis - IT IS
HEREBY ORDERED that the government's Motion for Protective Order
as amended is GRANTED. 42 44 IT IS FURTHER ORDERED that
defendant Monica Lenis' objection to the government's Motion is
GRANTED in part and DENIED in part as more fully set out herein. To
the extent defendant Monica Lenis' requests two additional weeks to
discuss the Protective Order, the Motion is DENIED. 79 IT IS
FURTHER ORDERED that a Protective Order shall be filed
contemporaneously herewith. Signed by Judge Mary Ann L. Medler on
8/16/06. (LAH, ) (Entered: 08/16/2006)
08/16/2006 ORDER RECEIPT: (see receipt) Wed Aug 16 15:26:36 CDT 2006
(LAH, ) (Entered: 08/16/2006)
08/16/2006 92 PROTECTIVE ORDER (see order for specifics) Signed by Judge Mary
Ann L. Medler on 8/16/06. (LAH, ) (Entered: 08/16/2006)
08/16/2006 ORDER RECEIPT: (see receipt) Wed Aug 16 15:39:53 CDT 2006
(LAH, ) (Entered: 08/16/2006)
08/16/2006 93 ORDER as to William Luis Lenis - IT IS ORDERED that there shall be a
Status Conference concerning the representation of William Luis Lenis
on August 22, 2006 at 2:30 p.m. William Luis Lenis shall be present in
person or by counsel. Counsel may request a telephone conference if
appropriate. The failure to appear by William Luis Lenis or counsel may
result in adverse consequences to Mr. Lenis' bond conditions. Signed by
Judge Mary Ann L. Medler on 8/16/06. (LAH, ) (Entered: 08/16/2006)
08/16/2006 ORDER RECEIPT: (see receipt) Wed Aug 16 16:05:36 CDT 2006
(LAH, ) (Entered: 08/16/2006)
08/16/2006 95 AMENDED ORDER MODIFYING RELEASE CONDITIONS as to
Deft Lori Beth Kaplan Multz: Deft's Motion to Modify Release
Conditions is GRANTED 85; The Deft shall be supervised by the U.S.
Pretrial Services Office in St. Louis, MO with courtesy supervision by
the Pretrial Services Office of the SDNY, White Plains Division; (See
Order For Details); Signed by Judge Mary Ann L. Medler on 8/16/06
(Note: Copy Sent to Pretrial Services Office - EDMO) (CMA) (Modified
on 8/17/2006 to Add Deft Name - CMA) (Entered: 08/17/2006)
08/17/2006 ORDER RECEIPT: (see receipt) Thu Aug 17 10:50:45 CDT 2006
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(CMA, ) (Entered: 08/17/2006)
08/17/2006 96 ORDER: IT IS HEREBY ORDERED that the government's motion for
designation as a complex case 45 is granted; IT IS FURTHER
ORDERED that this action is complex w/i the meaning of the Speedy
Trial Act, 18 USC Section 3161, and, as such, time may be excluded
from the determination of compliance w/ the requirements of the Act;
Signed by Judge Carol E. Jackson on 8/17/06 (CMA) (Entered:
08/17/2006)
08/17/2006 ORDER RECEIPT: (see receipt) Thu Aug 17 15:09:59 CDT 2006
(CMA, ) (Entered: 08/17/2006)
08/17/2006 97 ENTRY OF ATTORNEY APPEARANCE: by James F. Bennett on
behalf of Lori Beth Kaplan-Multz as co-counsel (Bennett, James)
(Entered: 08/17/2006)
08/22/2006 98 ENTRY OF ATTORNEY APPEARANCE: by Susan Kister on behalf of
Neil Scott Kaplan (Kister, Susan) (Entered: 08/22/2006)
08/22/2006 99 ENTRY OF ATTORNEY APPEARANCE: by Burton Shostak on behalf
of William Luis Lenis (Shostak, Burton) (Entered: 08/22/2006)
08/22/2006 100 WAIVER of Speedy Trial by David Carruthers (ARL) (Entered:
08/22/2006)
08/23/2006 101 WAIVER by Lori Beth Kaplan-Multz ofSpeedy Trial Rights (Bennett,
James) (Entered: 08/23/2006)
08/23/2006 102 SECOND AMENDED ORDER CONCERNING PRETRIAL MOTIONS
as to Betonsports PLC, Gary Stephen Kaplan, Neil Scott Kaplan, Lori
Beth Kaplan-Multz, David Carruthers, Peter Wilson, Norman Steinberg,
Tim Brown, Direct Mail Expertise, Inc., DME Global Marketing &
Fulfillment, Inc., Mobile Promotions, Inc., William Hernan Lenis,
William Luis Lenis, Manny Gustavo Lenis, Monica Lenis; SEE ORDER
FOR FULL DETAILS ; Criminal Pretrial Motion due by 12/18/2006.
Evidentiary Hearing set for 1/22/2007 09:30 AM in Courtroom 13S
before Mag Judge Mary Ann L. Medler. Signed by Judge Mary Ann L.
Medler on 8/23/06. (ARL) (Entered: 08/23/2006)
08/25/2006 103 Joint MOTION for Reconsideration And To Vacate by Lori Beth Kaplan-
Multz. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Bennett,
James) (Entered: 08/25/2006)
08/25/2006 104 MEMORANDUM in Support by Lori Beth Kaplan-Multz re 103 Joint
MOTION for Reconsideration And To Vacate (Bennett, James) (Entered:
08/25/2006)
08/28/2006 105 RESPONSE to Motion by USA as to Neil Scott Kaplan, Lori Beth
Kaplan-Multz, David Carruthers, Tim Brown, DME Global Marketing &
Fulfillment, Inc., William Luis Lenis re 103 Joint MOTION for
Reconsideration And To Vacate (Attachments: # 1 Affidavit Service)
(Woelfle, Marty) (Entered: 08/28/2006)
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08/28/2006 106 NOTICE by DME Global Marketing & Fulfillment, Inc. of: filing of
corporate resolution (D'Agrosa, Paul) (Entered: 08/28/2006)
08/28/2006 107 WAIVER of Minimum Time to Trial by DME Global Marketing &
Fulfillment, Inc. (D'Agrosa, Paul) (Entered: 08/28/2006)
08/28/2006 108 MOTION to join MOTION for Reconsideration 103 by Manny Gustavo
Lenis. (Sindel, Richard) (Entered: 08/28/2006)
08/28/2006 109 WAIVER by Neil Scott Kaplan ofSpeedy Trial (Steel, Brian) (Entered:
08/28/2006)
08/28/2006 110 MOTION to Produce Grand Jury and Trial Jury Venire Materials by
Neil Scott Kaplan. (Steel, Brian) (Entered: 08/28/2006)
08/29/2006 Docket Text ORDER as to Manny Gustavo Lenis re 108 MOTION for
Reconsideration filed by Manny Gustavo Lenis: This motion is mis-
docketed. It should be docketed as a Motion to Join Joint Motion to
Reconsider and to Vacate. The Motion to Join is GRANTED . Signed by
Judge Mary Ann L. Medler on 8/29/06. (MLM) (Entered: 08/29/2006)
08/29/2006 111 ORDER; IT IS HEREBY ORDERED that all pleadings filed in this case
shall contain a Certificate of Service which includes all lawyers who have
entered their appearance in this case; Signed by Judge Mary Ann L.
Medler on 08/29/2006; (DJO) (Entered: 08/29/2006)
08/29/2006 113 WAIVER of Speedy Trial fld. by Monica Lenis (LAH, ) (Entered:
08/30/2006)
08/29/2006 114 WAIVER of Speedy Trial fld. by William Hernan Lenis (LAH, )
(Entered: 08/30/2006)
08/29/2006 115 WAIVER of Speedy Trial fld. by William Luis Lenis (LAH, ) (Entered:
08/30/2006)
08/29/2006 116 WAIVER of Speedy Trial fld. by Manny Gustavo Lenis (LAH, )
(Entered: 08/30/2006)
08/30/2006 112 RESPONSE to Motion by USA as to Neil Scott Kaplan re 110 MOTION
to Produce Grand Jury and Trial Jury Venire Materials (Attachments: #
1 Affidavit Service)(Woelfle, Marty) (Entered: 08/30/2006)
09/01/2006 117 WAIVER by Tim Brown of Speedy Trial Rights (Lacheen, Stephen)
(Entered: 09/01/2006)
09/06/2006 118 REPLY TO RESPONSE to Motion by Neil Scott Kaplan re 110
MOTION to Produce Grand Jury and Trial Jury Venire Materials (Steel,
Brian) (Entered: 09/06/2006)
09/07/2006 119 ORDER: IT IS HEREBY ORDERED that the Motion for Production of
Grand Jury Materials, to the extent it requests public materials, is
GRANTED pursuant to the explanation and comments of the Clerk of the
Court 110; IT IS FURTHER ORDERED that the Motion for Production
of Grand Jury Materials, to the extent it requests non-public materials, is
DENIED w/o prejudice at this time as more fully set out above 110; IT IS
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FURTHER ORDERED that the Motion for Production of Petit Jury
Materials is DENIED w/o prejudice at this time as more fully set out
above 110; granting in part and denying in part 110 Motion to Produce as
to Neil Scott Kaplan (3); Signed by Judge Mary Ann L. Medler on 9/7/06
(Attachments: # 1 Exhibit List # 2 Exhibit 1 # 3 Exhibit 2 # 4 Exhibit 3 #
5 Exhibit 4) (CMA) (Entered: 09/07/2006)
09/07/2006 120 ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis - IT IS
HEREBY ORDERED that defendants' Joint Motion to Reconsider is
GRANTED.[103-1] IT IS FURTHER ORDERED that defendants' Joint
Motion to Vacate is DENIED. [103-2] Signed by Judge Mary Ann L.
Medler on 9/7/06. (LAH, ) (Entered: 09/07/2006)
09/11/2006 121 Corrected WAIVER by Tim Brown of Speedy Trial Rights (Lacheen,
Stephen) (Modified on 9/12/2006 to Add Docket Text - CMA) (Entered:
09/11/2006)
09/19/2006 122 ENTRY OF ATTORNEY APPEARANCE: by Jeffrey T. Demerath on
behalf of Betonsports PLC (Demerath, Jeffrey) (Entered: 09/19/2006)
09/25/2006 123 MOTION to Travel (unopposed) by William Hernan Lenis. (Ross, Alan)
(Entered: 09/25/2006)
09/26/2006 Docket Text ORDER as to William Hernan Lenis re 123 MOTION to
Travel (unopposed) filed by William Hernan Lenis: Ordered:
GRANTED . Signed by Judge Mary Ann L. Medler on 9/26/06. (MLM)
(Entered: 09/26/2006)
09/27/2006 124 MOTION to Modify Conditions of Release Modify Bond Conditions by
William Luis Lenis. (Shostak, Burton) (Entered: 09/27/2006)
09/28/2006 125 ORDER; IT IS HEREBY ORDERED that defendant William Luis Lenis'
Motion to Modify Bond Conditions is GRANTED 124; IT IS FURTHER
ORDERED that defendant William Luis Lenis' Bond Conditions are
modified as follows: Defendant Williams Luis Lenis shall reside at 17845
N.W. Fifteenth Street, Pembroke Pines, Florida and the drug testing
condition is vacated; Signed by Judge Mary Ann L. Medler on
09/28/2006; (DJO) (Entered: 09/28/2006)
10/10/2006 126 Rule 5(c)(3) Documents Received as to Lori Beth Kaplan-Multz (KCM, )
(Entered: 10/13/2006)
10/10/2006 127 ORDER Setting Conditions of Release by Defendant Lori Beth Kaplan-
Multz. Signed by Judge George A. Yentis, USMJ, SDNY on 10/10/06.
(KCM, ) (Entered: 10/13/2006)
10/10/2006 128 secured Bond Entered as to defendant Lori Beth Kaplan-Multz in amount
of $ $500,000 . Signed by USMJ Judge, SDNY on 10/10/06. (KCM, )
(Entered: 10/13/2006)
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10/16/2006 129 MOTION to Travel to Orlando, Flordia by Manny Gustavo Lenis.
(Sindel, Richard) (Entered: 10/16/2006)
10/17/2006 130 First MOTION to Modify Conditions of Release by David Carruthers.
(Rosenblum, N.) (Entered: 10/17/2006)
10/18/2006 Docket Text ORDER as to Manny Gustavo Lenis . Defendant's Motion
for Leave to Travel to Orlando, Florida on October 20, 2006 and return to
his residence on October 22, 2006 is GRANTED. [Doc. 129] In addition,
defendant shall advise his Pretrial Services Officer of the time of his
departure, where he will be staying in Orlando, and the time of his return
to his residence. Signed by Judge Mary Ann L. Medler on 10/18/2006.
(sck) (Entered: 10/18/2006)
10/20/2006 131 MOTION for Bill of Particulars by Tim Brown. (Attachments: # 1
Exhibit A)(Lacheen, Stephen) (Entered: 10/20/2006)
10/20/2006 132 REQUEST for Discovery as to Tim Brown Request for Additional
Discovery (Attachments: # 1 Exhibit A# 2 Exhibit B)(Lacheen, Stephen)
(Entered: 10/20/2006)
10/20/2006 133 REQUEST for Discovery as to William Hernan Lenis In Support of
Selective Prosecution (Attachments: # 1 Appendix # 2 Appendix # 3 # 4
Appendix # 5 Appendix # 6 Appendix)(Ross, Alan) (Entered:
10/20/2006)
10/20/2006 134 MOTION for Bill of Particulars by Neil Scott Kaplan. (Attachments: # 1
Exhibit Letter to AUSA ***an and AUSA Woelfle)(Steel, Brian)
(Entered: 10/20/2006)
10/20/2006 135 REQUEST for Discovery as to Lori Beth Kaplan-Multz and for
Particulars (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8)(Bennett, James)
(Entered: 10/20/2006)
10/20/2006 136 REQUEST for Discovery as to William Luis Lenis "Additional
Discovery" (Shostak, Burton) (Entered: 10/20/2006)
10/20/2006 137 MOTION for Joinder /to Adopt William Hernan Lenis's Request for
Discovery and Support of Selected Prosecution Claim and Memorandum
of Law In Support by William Luis Lenis. (Shostak, Burton) (Entered:
10/20/2006)
10/20/2006 138 MOTION for Bill of Particulars by William Luis Lenis. (Shostak,
Burton) (Entered: 10/20/2006)
10/21/2006 139 Letter Regarding Discovery as to David Carruthers informal request for
particulars (Rosenblum, N.) (Entered: 10/21/2006)
10/23/2006 140 ORDER - IT IS HEREBY ORDERED that defendant's Motion to Modify
Conditions of Release is GRANTED in part and DENIED in part as
follows: (7)(r)(iii) Defendant may leave his residence for two hours
twicedaily. After each two hour period defendant must return to and
remainat his residence for a least a one hour period. 130 Motion to
Modify Conditions of Release as to David Carruthers (5). Signed by
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Judge Mary Ann L. Medler on 10/23/06. (ARL) (Entered: 10/23/2006)
10/23/2006 141 MOTION for Leave to File Request for Bill of Particulars by Manny
Gustavo Lenis. (Sindel, Richard) (Entered: 10/23/2006)
10/23/2006 142 REQUEST for Discovery as to Manny Gustavo Lenis Request for Bill of
Particulars (Attachments: # 1 Exhibit A)(Sindel, Richard) (Entered:
10/23/2006)
10/23/2006 143 REQUEST for Discovery as to Manny Gustavo Lenis Request to Adopt
William Hernan Lenis Request for Discovery (Sindel, Richard) (Entered:
10/23/2006)
10/24/2006 Docket Text ORDER as to Manny Gustavo Lenis re 141 MOTION for
Leave to File Request for Bill of Particulars filed by Manny Gustavo
Lenis: Ordered: Leave to File GRANTED . Signed by Judge Mary Ann
L. Medler on 10/24/06. (MLM) (Entered: 10/24/2006)
10/24/2006 144 ORDER as to Neil Scott Kaplan - IT IS HEREBY ORDERED that if
defendant Neil S. Kaplan desires the production of additional grand jury
materials, such request be made by motion. The government shall have
ten days thereafter to respond. Signed by Judge Mary Ann L. Medler on
10/24/06. (LAH, ) (Entered: 10/24/2006)
10/24/2006 145 ORDER - IT IS HEREBY ORDERED that the Request of Defendant
William Luis Lenis to Adopt William Hernan Lenis's Request for
Discovery in Support of Selective Prosecution Claim and Memorandum
of Law in Support is DENIED. 137 Signed by Judge Mary Ann L.
Medler on 10/24/06. (LAH, ) (Entered: 10/24/2006)
10/27/2006 146 MOTION to Modify Conditions of Release by Lori Beth Kaplan-Multz.
(Bennett, James) (Entered: 10/27/2006)
10/30/2006 147 SECOND AMENDED ORDER MODIFYING CONDITIONS OF
RELEASE -- IT IS HEREBY ORDERED that defendant Lori Beth
Kaplan Multz's Motion to Modify Conditions of Release Conditions is
GRANTED. 146 FURTHER ORDERED that as agreed between the US
and Defendant Multz, and ordered by the court this date, this court's
original Order dated August 3, 2006 is amended as follows: 1)The
defendant's geographical bail limitations shall be extended to include
Passaic, Bergen and Essex Counties, New Jersey. 2) All other conditions
remain in full force and effect. Signed by Judge Mary Ann L. Medler on
10/30/06. (KCM, ) (Entered: 10/30/2006)
11/03/2006 148 MOTION for Leave to File Request to File Oversize Pleading and
Motion to Seal by USA as to defendant Betonsports PLC, Gary Stephen
Kaplan, Neil Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers,
Peter Wilson, Norman Steinberg, Tim Brown, Direct Mail Expertise,
Inc., DME Global Marketing & Fulfillment, Inc., Mobile Promotions,
Inc., William Hernan Lenis, William Luis Lenis, Manny Gustavo Lenis,
Monica Lenis. (Attachments: # 1)(***an, Michael) (Entered: 11/03/2006)
11/03/2006 149 ORDER as to Betonsports PLC, et al., - IT IS HEREBY ORDERED that:
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(1) Request of the United States to file an oversize pleading is
GRANTED 148 (2) The motion of the United States to seal the
consolidated response and its attachments is GRANTED. 148 Copies of
the consolidated response may be delivered to defense counsel, which
copies are subject to this Order and the Protective Order issued by this
Court on August 16, 2006 92 The consolidated response and its
attachments shall remain sealed until further order of this Court. Signed
by Judge Mary Ann L. Medler on 11/3/06. (LAH, ) (Entered:
11/03/2006)
11/06/2006 150 CONSOLIDATED RESPONSE to Requests for Additional Discovery
and Bills of Particular by USA. FILED UNDER SEAL (KCM, )
(Entered: 11/06/2006)
11/07/2006 151 MOTION for Discovery by Lori Beth Kaplan-Multz. (Katzberg, Robert)
(Entered: 11/07/2006)
11/08/2006 Docket Text ORDER as to Lori Beth Kaplan-Multz re 151 MOTION for
Discovery filed by Lori Beth Kaplan-Multz: This document is incorrectly
docketed as a Motion for discovery. It is actually a Request to Reply to
the government's responses for additional discovery. Ordered: The
Request to Reply is GRANTED and the Reply is due within 5 days of
this order. . Signed by Judge Mary Ann L. Medler on 11/8/06. (MLM)
(Entered: 11/08/2006)
11/08/2006 152 MOTION to Modify Conditions of Release / Bond Conditions by
William Luis Lenis. (Shostak, Burton) (Entered: 11/08/2006)
11/09/2006 153 LORI BETH KAPLAN MULTZ'S REPLY TO GOVERNMENT'S
CONSOLIDATED RESPONSE TO REQUESTS FOR DISCOVERY
AND PARTICULARS [150] as to Lori Beth Kaplan-Multz (ARL)
(Entered: 11/09/2006)
11/09/2006 154 SECOND ORDER MODIFYING BOND CONDITIONS granting 152
Motion to Modify Conditions of Release as to William Luis Lenis (13).
See Order for full details... Signed by Judge Mary Ann L. Medler on
11/9/06. (ARL) (Entered: 11/09/2006)
11/14/2006 155 REPLY to Discovery as to William Hernan Lenis (William Hernan Lenis
Reply to Government's Response to Request for Additional Discovery)
(Ross, Alan) (Entered: 11/14/2006)
11/17/2006 156 MOTION to Modify Conditions of Release by Neil Scott Kaplan.
(Attachments: # 1 Text of Proposed Order Proposed Order Modifying
Bond)(Steel, Brian) (Entered: 11/17/2006)
11/21/2006 157 ORDER; IT IS HEREBY ORDERED that defendant Neil Scott Kaplan's
Motion for Modification of Bond 156 is GRANTED; (See order for
further details); Signed by Judge Mary Ann L. Medler on 11/21/2006;
(DJO) (Entered: 11/22/2006)
12/05/2006 158 Supplemental MOTION for Disclosure of Grand Jury Materials by Neil
Scott Kaplan. (Attachments: # 1 Text of Proposed Order Proposed Order
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Granting Supplememntal Production of Grand Jury Materials)(Steel,
Brian) (Entered: 12/05/2006)
12/05/2006 159 AMENDMENT/SUPPLEMENTAL PLEADING by defendant Neil Scott
Kaplan regarding 158 Supplemental MOTION for Disclosure of Grand
Jury Materials filed by Neil Scott Kaplan, (Steel, Brian) (Entered:
12/05/2006)
12/06/2006 160 NOTICE by Neil Scott Kaplan of: Filing of Exhibit (Attachments: # 1
Exhibit Letter)(Kister, Susan) (Entered: 12/06/2006)
12/11/2006 161 RESPONSE in Opposition by USA as to Neil Scott Kaplan re 158
Supplemental MOTION for Disclosure of Grand Jury Materials
(Woelfle, Marty) (Entered: 12/11/2006)
12/12/2006 162 MOTION for Leave to: File Supplemental Response to Defendant
William Hernan Lenis' Request for Discovery in Support of Claim of
Selective Prosecution 133by USA as to defendant William Hernan Lenis.
(Attachments: # 1 Text of Proposed Order # 2 Supplemental Response)
(ARL) (Entered: 12/12/2006)
12/13/2006 Docket Text ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil
Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis re 162
MOTION for Leave to: File Supplemental Response filed by USA:
Ordered: Leave to File GRANTED . Signed by Judge Mary Ann L.
Medler on 12/13/06. (MLM) (Entered: 12/13/2006)
12/13/2006 163 ORDER; IT IS HEREBY ORDERED that defendant Neil Scott Kaplan's
Motion for Bill of Particulars is DENIED 134; IT IS FURTHER
ORDERED that defendant Tim Brown's Motion for Bill of Particulars is
DENIED 131; IT IS FURTHER ORDERED that defendant William Luis
Lenis' Motion for Bill of Particulars is DENIED 138; IT IS FURTHER
ORDERED that all other requests for a Bill of Particulars were
appropriately refused by the government and would be denied by this
court if docketed as motions 135 142 139; Signed by Judge Mary Ann L.
Medler on 12/13/2006; (DJO) (Entered: 12/13/2006)
12/14/2006 164 MOTION to Travel by Monica Lenis. (Bogenschutz, John) (Entered:
12/14/2006)
12/14/2006 165 First MOTION for Extension of Time to File Pretrial Motions by David
Carruthers. (Rosenblum, N.) (Entered: 12/14/2006)
12/15/2006 Docket Text ORDER as to Monica Lenis re 164 MOTION to Travel filed
by Monica Lenis: Ordered: GRANTED . Signed by Judge Mary Ann L.
Medler on 12/15/06. (MLM) (Entered: 12/15/2006)
12/15/2006 Docket Text ORDER as to David Carruthers re 165 First MOTION for
Extension of Time to File Pretrial Motions filed by David Carruthers:
Ordered: GRANTED IN PART AND DENIED IN PART.
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Motions/waiver to be filed no later than January 12, 2006 . Signed by
Judge Mary Ann L. Medler on 12/15/06. (MLM) (Entered: 12/15/2006)
12/15/2006 166 ENTRY OF ATTORNEY APPEARANCE: by Gilbert C. Sison on behalf
of Betonsports PLC, David Carruthers (Sison, Gilbert) (Entered:
12/15/2006)
12/18/2006 167 Joint MOTION to Dismiss Indictment/Counts by Neil Scott Kaplan as to
defendant Neil Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers,
Peter Wilson, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis.
(Attachments: # 1 Memorandum in Support of Motion to Dismiss)(Steel,
Brian) (Entered: 12/18/2006)
12/18/2006 168 MOTION to Change Venue or Transfer Case by Lori Beth Kaplan-Multz.
(Attachments: # 1 Affidavit # 2 Affidavit # 3 Affidavit # 4 Supplement)
(Katzberg, Robert) (Entered: 12/18/2006)
12/18/2006 169 MOTION for Extension of Time to File Pretrial Motions to 1-12-07 by
Manny Gustavo Lenis. (Sindel, Richard) (Entered: 12/18/2006)
12/18/2006 170 REPLY TO RESPONSE to Motion by Neil Scott Kaplan re 158
Supplemental MOTION for Disclosure of Grand Jury Materials (Kister,
Susan) (Entered: 12/18/2006)
12/18/2006 171 MOTION for Extension of TIME IN WHICH TO FILE PRETRIAL
MOTIONS by William Luis Lenis. (Shostak, Burton) (Entered:
12/18/2006)
12/18/2006 173 MOTION to Dismiss Indictment/Counts for Selective Prosecution and
Motion for Discovery in Support of Same by William Hernan Lenis.
(Ross, Alan) (Entered: 12/18/2006)
12/18/2006 174 MOTION to Dismiss Indictment/Counts for Violation of United States
Treaty by William Hernan Lenis. (Ross, Alan) (Entered: 12/18/2006)
12/18/2006 175 NOTICE by William Hernan Lenis of: Joiunder in Defendant's "Joint
Motion to Dismiss the Bill of Indictment as to Count I-Rico Conspiracy
or Parts Thereof" and Defendant's Joint Memorandum of Law in Support
of the Motion to Dismiss the Bill of Indictment" Filed by Counsel on
Behalf of Defendant, Neil Scott Kaplan (Ross, Alan) (Entered:
12/18/2006)
12/18/2006 176 Memorandum in Support of Motion to Transfer Pursuant to Rule 21(b)
by William Hernan Lenis. (Ross, Alan) Modified on 12/19/2006 (LAH, ).
(Entered: 12/18/2006)
12/18/2006 177 First MOTION for Extension of Time in which to file Pretrial Motions by
Tim Brown. (Lacheen, Stephen) (Entered: 12/18/2006)
12/18/2006 178 MOTION for Reconsideration of Magistrate Judge's Order Denying Bill
of Particulars by Tim Brown. (Attachments: # 1)(Lacheen, Stephen)
(Entered: 12/18/2006)
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12/18/2006 179 MOTION to Dismiss Indictment/Counts MOTION TO DISMISS FOR
VIOLATION OF UNITED STATES TREATY by Monica Lenis.
(Bogenschutz, John) (Entered: 12/18/2006)
12/18/2006 180 MOTION to Dismiss Indictment/Counts MOTION TO DISMISS FOR
SELECTIVE PROSECUTION AND MOTION FOR DISCOVERY IN
SUPPORT OF SAME by Monica Lenis. (Bogenschutz, John) (Entered:
12/18/2006)
12/18/2006 181 MOTION for Extension of Time to File by Lori Beth Kaplan-Multz.
(Dowd, Edward) (Entered: 12/18/2006)
12/18/2006 182 MOTION to Change Venue or Transfer Case by Monica Lenis.
(Bogenschutz, John) (Entered: 12/18/2006)
12/18/2006 183 MOTION for Extension of Time to File MOTION FOR EXTENSION OF
TIME IN WHICH TO FILE ADDITIONAL MOTIONS by Monica Lenis.
(Bogenschutz, John) (Entered: 12/18/2006)
12/18/2006 184 Defendant Monica Lenis' NOTICE of JOINDER In "DEFENDANTS'
Joint Motion To Dismiss The Bill of Indictment As To Count I - Rico
Conspiracy or Parts Thereof" and "Defendant's Joint Memorandum of
Law In Support of the Motion To Dismiss The Bill of Indictment" filed
by Counsel On Behalf of Defendant, Neil Scott Kaplan (Bogenschutz,
John) Modified on 12/19/2006 (LAH, ). (Entered: 12/18/2006)
12/18/2006 185 MOTION to Sever Defendant MOTION FOR SEVERANCE by Monica
Lenis. (Bogenschutz, John) (Entered: 12/18/2006)
12/18/2006 186 MEMORANDUM in Support by Lori Beth Kaplan-Multz re 168
MOTION to Change Venue or Transfer Case (Dowd, Edward) (Entered:
12/18/2006)
12/19/2006 REMARK - Document #172 deleted due to atty docketing error. (LAH, )
(Entered: 12/19/2006)
12/19/2006 187 RESPONSE to Motion by Lori Beth Kaplan-Multz, David Carruthers,
Tim Brown, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis as
to Betonsports PLC, Gary Stephen Kaplan, Neil Scott Kaplan, Lori Beth
Kaplan-Multz, David Carruthers, Peter Wilson, Norman Steinberg, Tim
Brown, Direct Mail Expertise, Inc., DME Global Marketing &
Fulfillment, Inc., Mobile Promotions, Inc., William Hernan Lenis,
William Luis Lenis, Manny Gustavo Lenis, Monica Lenis re 181
MOTION for Extension of Time to File, 169 MOTION for Extension of
Time to File Pretrial Motions to 1-12-07, 165 First MOTION for
Extension of Time to File Pretrial Motions, 171 MOTION for Extension
of TIME IN WHICH TO FILE PRETRIAL MOTIONS, 183 MOTION
for Extension of Time to File MOTION FOR EXTENSION OF TIME IN
WHICH TO FILE ADDITIONAL MOTIONS, 177 First MOTION for
Extension of Time in which to file Pretrial Motions (Woelfle, Marty)
(Entered: 12/19/2006)
12/19/2006 188 NOTICE by Tim Brown of: Praecipe (Lacheen, Stephen) (Entered:
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12/19/2006)
12/19/2006 189 MOTION for Extension of Time to File Additional Motions by William
Hernan Lenis. (Ross, Alan) (Entered: 12/19/2006)
12/19/2006 Docket Text ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil
Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis:
NOTICE: The parties are hereby notified that the court intends to grant,
at least in part, the various pending motions for extension of time to file
pretrial motions. Motions need not be filed until aftr this court issues a
comprehensive Third Amended Case Management Order . Signed by
Judge Mary Ann L. Medler on 12/19/06. (MLM, ) (Entered: 12/19/2006)
12/22/2006 190 OBJECTION/RESPONSE to Pretrial Order by Lori Beth Kaplan-Multz
(Dowd, Edward) (Entered: 12/22/2006)
12/22/2006 191 ORAL MOTION re. Objections to Order by Lori Beth Kaplan-Multz.
(Dowd, Edward) (Entered: 12/22/2006)
12/28/2006 192 SCHEDULING ORDER as to Betonsports PLC - Arraignment set for
1/5/2007 09:30 AM in Courtroom 13S before Mag Judge Mary Ann L.
Medler. Signed by Judge Mary Ann L. Medler on 12/28/06. (ARL)
(Entered: 12/28/2006)
12/28/2006 193 THIRD AMENDED ORDER CONCERNING PRETRIAL MOTIONS -
IT IS HEREBY ORDERED that the government's request for a Uniform
Pretrial Schedule is GRANTED. 187IT IS FURTHER ORDERED that
the court's docket text Order of December 15, 2006 as to David
Carruthers' Motion for Extension of Time is VACATED. 165IT IS
FURTHER ORDERED that paragraphs 5-8 of the court's Second
Amended OrderConcerning Pretrial Motions dated August 23, 2006 are
VACATED.IT IS FURTHER ORDERED that the Motions for Extension
of Time filed by DavidCarruthers 165; Tim Brown 177; Lori Kaplan
Multz 181; Monica Lenis 183; Manny G. Lenis 169; and William Luis
Lenis 171 are GRANTED in part and DENIED in part as more fully set
out below. IT IS FURTHER ORDERED that the following schedule
shall apply TO ALL DEFENDANTS IN THIS CASE:1. No later than
February 2, 2007 all parties shall file Evidentiary or other pretrial
motions or a notice of intent to waive the filing of pretrial motions.2. No
later than February 16, 2007 all responses shall be filed.3. No later than
February 23, 2007 all replies shall be filed.4. There shall be an
Evidentiary Hearing/Waiver Hearing on March 2, 2007 at 9:30 A.M.
Signed by Judge Mary Ann L. Medler on 12/28/06. (ARL) (Entered:
12/28/2006)
01/03/2007 194 MOTION to Modify Conditions of Release by Tim Brown. (Lacheen,
Stephen) (Entered: 01/03/2007)
01/04/2007 Docket Text ORDER as to Tim Brown re 194 MOTION to Modify
Conditions of Release filed by Tim Brown: Ordered: GRANTED.
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Defendant shall be permitted to travel to Wakefield, Massachusetts on
Friday, January 5, 2007 to attend the funeral of his grandmother and shall
return to his residence before midnight January 6, 2007, subject to the
conditions set out in defendant's motion. All other conditions of bail shall
remain in full force and effect . Signed by Judge Mary Ann L. Medler on
1/4/07. (MLM) (Entered: 01/04/2007)
01/05/2007 195 Minute Entry for proceedings held before Judge Mary Ann L.
Medler :Minutes for arraignment as to Betonsports PLC held on
1/5/2007; AUSA present; Defendant failed to appear. (FTR Gold
Operator initials: DJO) (FTR Gold : yes.) (proceedings started: 9:33 a.m.)
(proceedings ended: 9:37 a.m.) (ARL) (Entered: 01/09/2007)
01/09/2007 196 ENTRY OF ATTORNEY APPEARANCE: by Robert F. Epperson, Jr on
behalf of Lori Beth Kaplan-Multz (Epperson, Robert) (Entered:
01/09/2007)
01/09/2007 197 MOTION for Order to Show Cause regarding failure to appear by USA
as to defendant Betonsports PLC, Direct Mail Expertise, Inc., Mobile
Promotions, Inc.. (Woelfle, Marty) (Entered: 01/09/2007)
01/10/2007 200 ORDER as to Betonsports PLC, Direct Mail Expertise, Inc., Mobile
Promotions, Inc. - IT IS HEREBY ORDERED that a plea of NOT
GUILTY is entered for the following defendants: BetOnSports, PLC,
Direct Mail Expertise, Inc. and Mobile Promotions, Inc. IT IS FURTHER
ORDERED that the court's previously entered Third Amended Order
Concerning Pretrial Motions 193 applies to these defendants.Signed by
Judge Mary Ann L. Medler on 1/10/07. (LAH, ) (Entered: 01/11/2007)
01/10/2007 202 Summons Returned Executed on 7/19/06. as to Mobile Promotions, Inc.
(LGK, ) (Entered: 01/11/2007)
01/10/2007 203 Summons Returned Executed on 7/19/06. as to Direct Mail Expertise,
Inc. (LGK, ) (Entered: 01/11/2007)
01/10/2007 204 Summons Returned Executed on 7/19/06. as to DME Global Marketing
& Fulfillment, Inc. (LGK, ) (Entered: 01/11/2007)
01/11/2007 198 MOTION to Modify Conditions of Release by Lori Beth Kaplan-Multz.
(Epperson, Robert) (Entered: 01/11/2007)
01/11/2007 199 MOTION to Modify Conditions of Release Amended Order Modifying
Release Conditions by Lori Beth Kaplan-Multz. (Epperson, Robert)
(Entered: 01/11/2007)
01/11/2007 201 MOTION to Strike and Redact Portions of the Above-Referenced Bill of
Indictment by Neil Scott Kaplan. (Steel, Brian) (Entered: 01/11/2007)
01/11/2007 212 Order Modifying Release Conditions as to Lori Beth Kaplan-Multz .
Signed by Judge Mary Ann L. Medler on 1/11/07. (LGK, ) (Entered:
01/12/2007)
01/12/2007 205 REQUEST FOR CLARIFICATION by USA as to defendant Betonsports
PLC, Gary Stephen Kaplan, Neil Scott Kaplan, Lori Beth Kaplan-Multz,
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David Carruthers, Peter Wilson, Norman Steinberg, Tim Brown, Direct
Mail Expertise, Inc., DME Global Marketing & Fulfillment, Inc., Mobile
Promotions, Inc., William Hernan Lenis, William Luis Lenis, Manny
Gustavo Lenis, Monica Lenis (Woelfle, Marty) (Entered: 01/12/2007)
01/12/2007 206 MOTION to Seal Document by USA as to defendant Betonsports PLC,
Gary Stephen Kaplan, Neil Scott Kaplan, Lori Beth Kaplan-Multz, David
Carruthers, Peter Wilson, Norman Steinberg, Tim Brown, Direct Mail
Expertise, Inc., DME Global Marketing & Fulfillment, Inc., Mobile
Promotions, Inc., William Hernan Lenis, William Luis Lenis, Manny
Gustavo Lenis, Monica Lenis. (Attachments: # 1 Text of Proposed Order)
(Woelfle, Marty) (Entered: 01/12/2007)
01/12/2007 207 RESPONSE by USA to Motion by Monica Lenis as to DME Global
Marketing & Fulfillment, Inc., William Hernan Lenis, William Luis
Lenis, Manny Gustavo Lenis, Monica Lenis re 185 MOTION to Sever
Defendant MOTION FOR SEVERANCE (Woelfle, Marty) (Entered:
01/12/2007)
01/12/2007 208 CONSOLIDATED RESPONSE by USA to Motions by Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Tim Brown, DME
Global Marketing & Fulfillment, Inc., William Hernan Lenis, William
Luis Lenis, Manny Gustavo Lenis, Monica Lenis re 176 MOTION to
Change Venue or Transfer Case (Memorandum in Support of Motion to
Transfer Pursuant to Rule 21(b), 182 MOTION to Change Venue or
Transfer Case, 168 MOTION to Change Venue or Transfer Case
(Woelfle, Marty) (Entered: 01/12/2007)
01/12/2007 209 CONSOLIDATED RESPONSE by USA to Motion by William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis re 180
MOTION to Dismiss Indictment/Counts MOTION TO DISMISS FOR
SELECTIVE PROSECUTION AND MOTION FOR DISCOVERY IN
SUPPORT OF SAME, 173 MOTION to Dismiss Indictment/Counts for
Selective Prosecution and Motion for Discovery in Support of Same
(Woelfle, Marty) (Entered: 01/12/2007)
01/12/2007 210 CONSOLIDATED RESPONSE by USA to Motion by Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Tim Brown, DME
Global Marketing & Fulfillment, Inc., William Hernan Lenis, William
Luis Lenis, Manny Gustavo Lenis, Monica Lenis as to Betonsports PLC,
Gary Stephen Kaplan, Neil Scott Kaplan, Lori Beth Kaplan-Multz, David
Carruthers, Peter Wilson, Norman Steinberg, Tim Brown, Direct Mail
Expertise, Inc., DME Global Marketing & Fulfillment, Inc., Mobile
Promotions, Inc., William Hernan Lenis, William Luis Lenis, Manny
Gustavo Lenis, Monica Lenis re 179 MOTION to Dismiss
Indictment/Counts MOTION TO DISMISS FOR VIOLATION OF
UNITED STATES TREATY, 174 MOTION to Dismiss Indictment/Counts
for Violation of United States Treaty (Woelfle, Marty) (Entered:
01/12/2007)
01/12/2007 211 RESPONSE by USA to Motion by Neil Scott Kaplan, re 184 MOTION
for Joinder DEFENDANT, MONICA LENIS' NOTICE OF JOINDER.,
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167 MOTION to Dismiss Count One - Rico Conspiracy (Woelfle, Marty)
(Entered: 01/12/2007)
01/12/2007 Docket Text ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil
Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis re 206
MOTION to Seal Document filed by USA: Ordered: GRANTED .
Signed by Judge Mary Ann L. Medler on 1/12/07. (MLM) (Entered:
01/12/2007)
01/12/2007 213 CONSOLIDATED RESPONSE TO: (1) OBJECTIONS TO DENIAL
OF MOTION FOR BILL OF PARTICULARS AND DISCOVERY 190
AND (2) MOTION FOR RECONSIDERATION OF ORDER
DENYING BILL OF PARTICULARS 178 (FILED UNDER SEAL)
(ARL) (Entered: 01/16/2007)
01/16/2007 214 ORDER as to Neil Scott Kaplan - IT IS HEREBY ORDERED that
Defendant Neil S. Kaplan's Supplemental Request for Production of
Grand Jury Materials is GRANTED in part and DENIED in part
consistent with this Order. 158 Signed by Judge Mary Ann L. Medler on
1/16/07. See Order for Full Details. (cc: Jury Unit) (ARL) (Entered:
01/16/2007)
01/16/2007 215 MOTION for Leave to: Travel to North Carolina by Manny Gustavo
Lenis. (Sindel, Richard) (Entered: 01/16/2007)
01/17/2007 216 MOTION for Leave to File Amendment To Motion For Order To Show
Cause by USA as to defendant Betonsports PLC, Gary Stephen Kaplan,
Neil Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter
Wilson, Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc.,
DME Global Marketing & Fulfillment, Inc., Mobile Promotions, Inc.,
William Hernan Lenis, William Luis Lenis, Manny Gustavo Lenis,
Monica Lenis. (***an, Michael) (Entered: 01/17/2007)
01/17/2007 217 ORDER MODIFYING CONDITIONS OF RELEASE - IT IS HEREBY
ORDERED that Defendant Manny G. Lenis' Motion for Leave to Travel
to Maggie Valley, North Carolina is GRANTED. 215 IT IS FURTHER
ORDERED that Defendant's Motion Bond Conditions are modified to
allow him to travel to Maggie Valley, North Carolina leaving February 3,
2007 and returning to Homestead, Florida on February 20, 2007. IT IS
FURTHER ORDERED that defendant Manny G. Lenis shall provide to
his Pretrial Services Officer, John Hinshaw, his travel plans, the address
at which he will be staying and the phone number where he will be
staying. IT IS FURTHER ORDERED that defendant shall appear in
person before his Pretrial Services Officer on February 12, 2007 during
regular business hours. Signed by Judge Mary Ann L. Medler on 1/17/07.
(LAH, ) (Entered: 01/17/2007)
01/18/2007 218 CLERK'S COMPLIANCE WITH ORDER OF THE COURT as to Neil
Scott Kaplan - By order of the Court entered January 16, 2007 214 the
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Clerk of Court has been directed to provide Defendant Neil S. Kaplan
certain items of information and documents pertaining to the
management and operation of the jury system in the United States
District Court. In compliance with that order, the Clerk hereby files in the
record the following: JS-12 Reports as directed in Paragraph #1 of the
order; report of number and dates of mailing qualification questionnaires
as directed in Paragraph #4 of the order; list of juror participants,
identified by number, who were deferred, excused or disqualified prior to
the reporting date for this grand jury panel as directed in Paragraph #6 of
the order. Signed by James G. Woodward, Clerk (Attachments: # 1)
(LAH, ) (Entered: 01/18/2007)
01/18/2007 219 ORDER - IT IS HEREBY ORDERED that the Government's Request for
Clarification is GRANTED. 205 IT IS FURTHER ORDERED that all
motions now pending will be considered to have been filed only by the
defendant named as movant if signed by the movant defendant's attorney.
IT IS FURTHER ORDERED that any defendant wishing to file a motion
already filed by another defendant shall file such motion signed by his or
her own attorney. IT IS FURTHER ORDERED that all consolidated
motions filed subsequent to the date of this Order shall list the name of
each movant-defendant and shall be signed by the attorney foreach
movant-defendant. The failure to do so will result in the motion not being
considered as to any defendant who files improperly. IT IS FURTHER
ORDERED that if necessary, and on appropriate motion, a hearing
shallbe scheduled to conduct a Rule 44 inquiry. Signed by Judge Mary
Ann L. Medler on 1/18/07. (ARL) (Entered: 01/18/2007)
01/19/2007 220 RESPONSE to Motion by Neil Scott Kaplan re 201 MOTION to Strike
and Redact Portions of the Above-Referenced Bill of Indictment by USA
(Woelfle, Marty) (Modified on 1/22/2007 to Edit Filer - CMA) (Entered:
01/19/2007)
01/22/2007 221 MEMORANDUM in Support by Lori Beth Kaplan-Multz re 168
MOTION to Change Venue or Transfer Case (Epperson, Robert)
(Entered: 01/22/2007)
01/22/2007 222 ORDER AND CERTIFICATION OF FACTS as to Betonsports PLC,
Gary Stephen Kaplan, Neil Scott Kaplan, Lori Beth Kaplan-Multz, David
Carruthers, Peter Wilson, Norman Steinberg, Tim Brown, Direct Mail
Expertise, Inc., DME Global Marketing & Fulfillment, Inc., Mobile
Promotions, Inc., William Hernan Lenis, William Luis Lenis, Manny
Gustavo Lenis, Monica Lenis: IT IS HEREBY ORDERED that Mobile
Promotions, Inc., Direct Mail Expertise, Inc. and BetOnSports, PLS shall
show cause why they should not be held in contempt or otherwise
sanctioned for wilfully disobeying a lawful writ, process, order, rule,
decree or command of this court; IT IS FURTHER ORDERED that the
certification of facts herein is submitted to the district court pursuant to
28USC Section 636(e)(6)(B); IT IS FURTHER ORDERED that the
Honorable Carol E. Jackson has informed the undersigned that she will
set a date and time certain for a hearing at which Mobile Promotions,
Inc., Direct Mail Expertise, Inc., and BetOnSports, PLC shall show cause
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why they should not be held in contempt by reason of the facts so
certified; Signed by Judge Mary Ann L. Medler on 1/22/07 (CMA)
(Entered: 01/22/2007)
01/22/2007 223 NOTICE by Lori Beth Kaplan-Multz re [213] Response to Motion of:
Reply to Government's Response to Objections to Order of Magistrate
Judge Denying Defendant's Request for Discovery and for Particulars
(Epperson, Robert) (Entered: 01/22/2007)
01/25/2007 224 ORDER TO SHOW CAUSE as to Betonsports PLC, why they should not
be held in contempt or otherwisesanctioned for wilfully disobeying a
lawful writ, process, order,rule, decree or command of this court, by
reason of the factscertified by United States Magistrate Judge Mary Ann
L. Medler. Show Cause Hearing set for 2/2/2007 10:00 AM before
Honorable Carol E. Jackson.. Signed by Judge Carol E. Jackson on
1/25/07. (LLW, ) (Entered: 01/25/2007)
01/26/2007 225 MOTION to Dismiss Indictment/Counts Motion to Dismiss for Violation
of United States Treaty by Lori Beth Kaplan-Multz. (Epperson, Robert)
(Entered: 01/26/2007)
01/29/2007 226 RESPONSE to Motion by USA as to Lori Beth Kaplan-Multz re 225
MOTION to Dismiss Indictment/Counts Motion to Dismiss for Violation
of United States Treaty (Woelfle, Marty) (Entered: 01/29/2007)
01/30/2007 227 REPLY TO RESPONSE to Motion by Neil Scott Kaplan re 201
MOTION to Strike and Redact Portions of the Above-Referenced Bill of
Indictment (Kister, Susan) (Entered: 01/30/2007)
01/31/2007 228 ENTRY OF ATTORNEY APPEARANCE: by Paul J. D'Agrosa on
behalf of Direct Mail Expertise, Inc. (D'Agrosa, Paul) (Entered:
01/31/2007)
01/31/2007 229 ENTRY OF ATTORNEY APPEARANCE: by Paul J. D'Agrosa on
behalf of Mobile Promotions, Inc. (D'Agrosa, Paul) (Entered:
01/31/2007)
01/31/2007 230 MOTION to Vacate or set aside order to show cause by Direct Mail
Expertise, Inc. as to defendant Direct Mail Expertise, Inc., Mobile
Promotions, Inc.. (D'Agrosa, Paul) (Entered: 01/31/2007)
01/31/2007 231 ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis - IT IS
HEREBY ORDERED that the referral to United States Magistrate Judge
Mary Ann L. Medler of the motion to change venue filed by defendant
Lori Beth Kaplan-Multz 168 is WITHDRAWN. Signed by Judge Carol
E. Jackson on 1/31/07. (LAH, ) (Entered: 01/31/2007)
01/31/2007 232 ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
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Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis - IT IS
HEREBY ORDERED that the referral to United States Magistrate Judge
Mary Ann L. Medler of the motion to change venue filed by defendant
William Hernan Lenis 182 is WITHDRAWN. Signed by Judge Carol E.
Jackson on 1/31/07. (LAH) (Entered: 01/31/2007)
01/31/2007 233 RESPONSE to Motion by USA as to Direct Mail Expertise, Inc., Mobile
Promotions, Inc. re 230 MOTION to Vacate or Set Aside Order to Show
Cause (Attachments: # 1)(***an, Michael) (Entered: 01/31/2007)
02/01/2007 234 MOTION to Sever Defendant by Neil Scott Kaplan. (Kister, Susan)
(Entered: 02/01/2007)
02/01/2007 235 MOTION to Change Venue or Transfer Case Pursuant to Rule 21(B) and
Memorandum in Support by Neil Scott Kaplan. (Kister, Susan) (Entered:
02/01/2007)
02/01/2007 236 REPLY TO RESPONSE to Motion by Neil Scott Kaplan re 167
MOTION to Dismiss Indictment/Counts One-Rico Conspiracy (Kister,
Susan) (Entered: 02/01/2007)
02/01/2007 237 MOTION to Dismiss Indictment/Counts for Violations of United States
Treaty by Neil Scott Kaplan. (Kister, Susan) (Entered: 02/01/2007)
02/01/2007 238 Supplemental MOTION for Disclosure /Memorandum to Court
Regarding the Clerk's Compliance with Requests for Grand Jury
Materials by Neil Scott Kaplan. (Kister, Susan) (Entered: 02/01/2007)
02/01/2007 239 MOTION to Change Venue or Transfer Case by DME Global Marketing
& Fulfillment, Inc.. (D'Agrosa, Paul) (Entered: 02/01/2007)
02/01/2007 240 NOTICE by DME Global Marketing & Fulfillment, Inc. of: filing of
memorandum in support of motion to transfer venue (D'Agrosa, Paul)
(Entered: 02/01/2007)
02/01/2007 241 MOTION to Dismiss Indictment/Counts 1-RICO CONSPIRACY by DME
Global Marketing & Fulfillment, Inc.. (D'Agrosa, Paul) (Entered:
02/01/2007)
02/01/2007 242 NOTICE by DME Global Marketing & Fulfillment, Inc. of: filing of
memorandum in support of motion to dismiss count 1 (D'Agrosa, Paul)
(Entered: 02/01/2007)
02/01/2007 243 MOTION to Dismiss Indictment/Counts for violation of treaty by DME
Global Marketing & Fulfillment, Inc.. (D'Agrosa, Paul) (Entered:
02/01/2007)
02/01/2007 244 MOTION to Dismiss Indictment/Counts I-Rico Conspiracy, or Parts
Thereof and Memorandum of Law in Support by William Hernan Lenis.
(Ross, Alan) (Entered: 02/01/2007)
02/01/2007 245 ORDER as to Neil Scott Kaplan - IT IS HEREBY ORDERED that the
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referral to United States Magistrate Judge Mary Ann L. Medler of the
motion to change venue filed by defendant Neil Scott Kaplan 235 is
WITHDRAWN. Signed by Judge Carol E. Jackson on 2/1/07. (LAH, )
(Entered: 02/01/2007)
02/01/2007 246 REPORT AND RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE CONCERNING SELECTIVE PROSECUTION
as to William Hernan Lenis, Monica Lenis - IT IS HEREBY
RECOMMENDED that defendant William Hernan Lenis' Request for
Discovery in Aid of Selective Prosecution Claim be DENIED. 133 IT IS
FURTHER RECOMMENDED that defendant William Hernan Lenis'
Motion to Dismiss for Selective Prosecution and Motion for Discovery in
Support of Same be DENIED. 173 IT IS FURTHER RECOMMENDED
that defendant Monica Lenis' Motion to Dismiss for Selective
Prosecution and Motion for Discovery in Support of Same be DENIED.
180 The parties are advised that they have (11) days in which to file
written objections to this report and recommendation pursuant to 28
U.S.C. Sec. 636(b)(1), unless an extension of time for good cause is
obtained, and that failure to file timely objections may result in a waiver
of the right to appeal questions of fact. Objections to R&R due by
2/15/2007 Signed by Judge Mary Ann L. Medler on 2/1/07. (LAH, )
(Entered: 02/01/2007)
02/02/2007 247 MOTION to Change Venue or Transfer Case by Monica Lenis.
(Bogenschutz, John) (Entered: 02/02/2007)
02/02/2007 248 Request for Discovery in Support of Selective Prosecution Claim and
Memorandum of Law in Support (Bogenschutz, John) (Entered:
02/02/2007)
02/02/2007 249 MOTION to Dismiss Indictment/Counts by Monica Lenis. (Bogenschutz,
John) (Entered: 02/02/2007)
02/02/2007 250 MOTION to Sever Defendant by Tim Brown. (Lacheen, Stephen)
(Entered: 02/02/2007)
02/02/2007 251 MOTION to Dismiss Indictment/Counts and Memorandum of Law in
Support Thereof by Tim Brown. (Lacheen, Stephen) (Entered:
02/02/2007)
02/02/2007 252 MOTION to Dismiss Indictment/Counts for Violation of United States
Treaty by Tim Brown. (Lacheen, Stephen) (Entered: 02/02/2007)
02/02/2007 253 MOTION to Change Venue or Transfer Case Pursuant to Rule 21(b) by
Tim Brown. (Lacheen, Stephen) (Entered: 02/02/2007)
02/02/2007 254 MOTION to Produce by Monica Lenis. (Bogenschutz, John) (Entered:
02/02/2007)
02/02/2007 255 MOTION to Change Venue or Transfer Case Pursuant to Rule 21(b) and
Memorandum of Law in Support of Same by William Luis Lenis.
(Shostak, Burton) (Entered: 02/02/2007)
02/02/2007 256 MOTION to Sever Defendant by William Luis Lenis. (Shostak, Burton)
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(Entered: 02/02/2007)
02/02/2007 257 MOTION to Dismiss Indictment/Counts for Selective Prosecution and
Motion for Discovery in Support of Same by William Luis Lenis.
(Shostak, Burton) (Entered: 02/02/2007)
02/02/2007 258 MOTION to Dismiss Indictment/Counts as to Count One - RICO
Conspiracy, or Parts Thereof by William Luis Lenis. (Shostak, Burton)
(Entered: 02/02/2007)
02/02/2007 259 MOTION to Strike and Redact Portions of the Indictment by William
Luis Lenis. (Shostak, Burton) (Entered: 02/02/2007)
02/02/2007 260 MEMORANDUM in Support by William Luis Lenis re 167 MOTION to
Dismiss Indictment/Counts, 257 MOTION to Dismiss Indictment/Counts
for Selective Prosecution and Motion for Discovery in Support of Same,
258 MOTION to Dismiss Indictment/Counts as to Count One - RICO
Conspiracy, or Parts Thereof (Shostak, Burton) (Entered: 02/02/2007)
02/02/2007 261 MEMORANDUM in Support by William Luis Lenis re 167 MOTION to
Dismiss Indictment/Counts, 258 MOTION to Dismiss Indictment/Counts
as to Count One - RICO Conspiracy, or Parts Thereof for Violation of
United States Treaty (Shostak, Burton) (Entered: 02/02/2007)
02/02/2007 262 MOTION to Dismiss Indictment/Counts One - Rico Conspiracy or Parts
Thereof by Manny Gustavo Lenis. (Sindel, Richard) (Entered:
02/02/2007)
02/02/2007 263 MEMORANDUM in Support by Manny Gustavo Lenis re 262 MOTION
to Dismiss Indictment/Counts One - Rico Conspiracy or Parts Thereof
(Sindel, Richard) (Entered: 02/02/2007)
02/02/2007 264 MOTION to Change Venue or Transfer Case by Manny Gustavo Lenis.
(Attachments: # 1 Exhibit Affadvit of Manny Lenis)(Sindel, Richard)
(Entered: 02/02/2007)
02/02/2007 265 MOTION to Dismiss Indictment/Counts for Selective Prosecution by
Manny Gustavo Lenis. (Sindel, Richard) (Entered: 02/02/2007)
02/02/2007 266 MOTION to Dismiss Indictment/Counts For Violation of U.S. Treaty by
Manny Gustavo Lenis. (Sindel, Richard) (Entered: 02/02/2007)
02/02/2007 267 MOTION to Strike and Redact Portions of the Indictment by Manny
Gustavo Lenis. (Sindel, Richard) (Entered: 02/02/2007)
02/02/2007 268 MOTION for Reconsideration of Denial of Bill of Particulars by Manny
Gustavo Lenis. (Sindel, Richard) (Entered: 02/02/2007)
02/02/2007 269 MOTION to Dismiss Indictment/Counts I -- RICO Conspiracy or Parts
Thereof by David Carruthers. (Sison, Gilbert) (Entered: 02/02/2007)
02/02/2007 270 MEMORANDUM in Support by David Carruthers re 269 MOTION to
Dismiss Indictment/Counts I -- RICO Conspiracy or Parts Thereof
(Sison, Gilbert) (Entered: 02/02/2007)
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02/02/2007 271 MOTION for Leave to: File Overlength Memorandum by David
Carruthers. (Sison, Gilbert) (Entered: 02/02/2007)
02/02/2007 272 MOTION for Leave to: File Additional Pre-Trial Motions by David
Carruthers. (Sison, Gilbert) (Entered: 02/02/2007)
02/02/2007 274 Minute Entry for proceedings held before Judge Carol E. Jackson :Show
Cause Hearing as to Betonsports PLC, Direct Mail Expertise, Inc.,
Mobile Promotions, Inc. held on 2/2/2007. Sanctions will not be imposed
as to Direct Mail Expertise, Inc., and Mobile Promotions; sanctions will
be imposed as to Betonsports. Order to issue. (Court Reporter or FTR
Gold Operator initials:Gary Bond.) (FTR Gold : no.) (proceedings
started: 10:15 a.m..) (proceedings ended: 10:35 a.m..) (LGK, ) (Entered:
02/06/2007)
02/05/2007 273 ORDER as to Betonsports PLC - IT IS HEREBY ORDERED that the
defendant BetOnSports, PLC, its officers and directors are found to be in
contempt of the authority of this Court. IT IS FURTHER ORDERED that
defendant BetOnSports, PLC, its officers, directors, and each of them
shall pay to the United States a fine in the amount of Five Thousand
Dollars (US $5,000.00) per day, beginning on February 2, 2007, and
continuing until the defendant satisfies the Court that it is no longer in
contempt. Signed by Judge Carol E. Jackson on 2/5/07. (ARL) (Entered:
02/05/2007)
02/05/2007 Docket Text ORDER as to David Carruthers re 271 MOTION for Leave
to: File Overlength Memorandum filed by David Carruthers: Ordered:
GRANTED . Signed by Judge Mary Ann L. Medler on 2/5/07. (MLM)
(Entered: 02/05/2007)
02/05/2007 Docket Text ORDER as to David Carruthers re 272 MOTION for Leave
to: File Additional Pre-Trial Motions filed by David Carruthers: Ordered:
DENIED. Discovery has been available since September, therefore the
inability to review discovery is not a valid reason. Generic motions to file
additional motions are not permitted. If counsel finds the need to file a
specific motion, leave shall be sought at the time of filing . Signed by
Judge Mary Ann L. Medler on 2/5/07. (MLM) (Entered: 02/05/2007)
02/08/2007 275 OBJECTION TO REPORT AND RECOMMENDATIONS 246 by
William Hernan Lenis Concerning Selective Prosecution (Ross, Alan)
(Entered: 02/08/2007)
02/08/2007 276 ORDER as to Neil Scott Kaplan - IT IS HEREBY ORDERED that
defendant Kaplan's Motion to examine the qualification questionnaires is
GRANTED 238 under the following conditions: This examination will
take place only in the Office of the Clerk of Court at Thomas F. Eagleton
United States Courthouse during normal business and under the
supervision of a deputy clerk. No questionnaire may be photocopied, nor
may Defendant or his representatives take notes of or otherwise record
from any questionnaire the names and addresses of individual prospective
jurors. The exclusive purpose for which this examination is authorized is
to enable Defendant to verify independently that thedemographic
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information periodically reported on the Court's JS-12 forms is generally
consistent with the aggregate data on race, gender and age as reflected in
the qualification questionnaires from which that data was drawn by the
Clerk of Court. Defendant shall inform the Court in advance of the dates
(s) when this examination will take place at theThomas F. Eagleton
United States Courthouse, and the name(s) of those who will conductthis
examination on Defendant's behalf. (cc: Clerk, Jury Clerk). Signed by
Judge Mary Ann L. Medler on 2/8/07. (ARL) (Entered: 02/08/2007)
02/08/2007 277 ORDER - This matter is before the court on defendant Monica Lenis'
Motion for Production of Grand Jury and Trial Jury Materials. 254 This
Motion is identical to that filed by Neil S. Kaplan. 110 Refer to Order for
Full Details... Signed by Judge Mary Ann L. Medler on 2/8/07. (ARL)
(Entered: 02/08/2007)
02/08/2007 278 ORDER - The Clerk of the Court is directed to file in the record of this
case all of the documents and source information previously
disclosed to defendants Neil S. Kaplan and Monica Lenis. These
documents shall be available to all parties in the case. IT IS SO
ORDERED. Signed by Judge Mary Ann L. Medler on 2/8/07. (ARL)
(Entered: 02/08/2007)
02/09/2007 279 REPORT AND RECOMMENDATIONS OF UNITED STATES
MAGISTRATE JUDGE CONCERNING REDACTING THE
INDICTMENT IT IS HEREBY RECOMMENDED that defendant Neil
Kaplan's Motion to Redact and Strike Portions of the Above Referenced
Bill of Indictment be GRANTED in part and DENIED in part. 201IT IS
FURTHER RECOMMENDED that the Request for Hearing on the
Motion beDENIED. IT IS FURTHER RECOMMENDED that the
Reference to the "Kaplan GamblingEnterprise" be STRICKEN and that
the term "Gambling Enterprise" or the "Enterprise" be used instead. IT IS
FURTHER RECOMMENDED that the arrest of defendant Gary Kaplan
not be stricken from the Indictment.IT IS FURTHER RECOMMENDED
that the use of the phrase "Gary Kaplan 'and others'"not be stricken from
the Indictment. Objections to R&R due by 2/26/2007. Signed by Judge
Mary Ann L. Medler on 2/9/07. (ARL) (Entered: 02/09/2007)
02/09/2007 280 SECOND REPORT AND RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE CONCERNING REDACTING THE
INDICTMENT - IT IS HEREBY RECOMMENDED that Defendant
William Luis Lenis' Motion to Redact and Strike Portions of the
Indictment be DENIED. 259 IT IS FURTHER RECOMMENDED that
Defendant Manny Gustavo Lenis' Motion toRedact and Strike Portions of
the Indictment be DENIED. 267 Objections to R&R due by 2/26/2007.
Signed by Judge Mary Ann L. Medler on 2/9/07. (ARL) (Entered:
02/09/2007)
02/12/2007 281 RESPONSE to Motion by USA as to Neil Scott Kaplan, Tim Brown,
William Luis Lenis re 256 MOTION to Sever Defendant, 234 MOTION
to Sever Defendant, 250 MOTION to Sever Defendant (***an, Michael)
(Entered: 02/12/2007)
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02/12/2007 282 RESPONSE to Motion by USA as to David Carruthers re 269 MOTION
to Dismiss Indictment/Counts I -- RICO Conspiracy or Parts Thereof
(***an, Michael) (Entered: 02/12/2007)
02/12/2007 283 RESPONSE to Motion by USA as to Manny Gustavo Lenis re 268
MOTION for Reconsideration of Denial of Bill of Particulars (***an,
Michael) (Entered: 02/12/2007)
02/12/2007 284 RESPONSE to Motion by USA as to Neil Scott Kaplan, Tim Brown,
DME Global Marketing & Fulfillment, Inc., William Luis Lenis, Manny
Gustavo Lenis, Monica Lenis re 264 MOTION to Change Venue or
Transfer Case, 247 MOTION to Change Venue or Transfer Case, 239
MOTION to Change Venue or Transfer Case, 235 MOTION to Change
Venue or Transfer Case Pursuant to Rule 21(B) and Memorandum in
Support (***an, Michael) (Entered: 02/12/2007)
02/12/2007 285 RESPONSE to Motion by USA as to DME Global Marketing &
Fulfillment, Inc., William Hernan Lenis, William Luis Lenis, Manny
Gustavo Lenis, Monica Lenis re 244 MOTION to Dismiss
Indictment/Counts I-Rico Conspiracy, or Parts Thereof and
Memorandum of Law in Support, 262 MOTION to Dismiss
Indictment/Counts One - Rico Conspiracy or Parts Thereof, 249
MOTION to Dismiss Indictment/Counts, 258 MOTION to Dismiss
Indictment/Counts as to Count One - RICO Conspiracy, or Parts
Thereof, 241 MOTION to Dismiss Indictment/Counts 1-RICO
CONSPIRACY (***an, Michael) (Entered: 02/12/2007)
02/12/2007 286 RESPONSE to Motion by USA as to Monica Lenis re 254 MOTION to
Produce Grand and Petit Jury Selection Material (***an, Michael)
(Entered: 02/12/2007)
02/13/2007 287 MOTION for Extension of Time to File Three Response Documents a
Day Late by USA as to defendant Betonsports PLC, Gary Stephen
Kaplan, Neil Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers,
Peter Wilson, Norman Steinberg, Tim Brown, Direct Mail Expertise,
Inc., DME Global Marketing & Fulfillment, Inc., Mobile Promotions,
Inc., William Hernan Lenis, William Luis Lenis, Manny Gustavo Lenis,
Monica Lenis. (***an, Michael) (Entered: 02/13/2007)
02/13/2007 288 RESPONSE to Motion by USA as to Tim Brown, DME Global
Marketing & Fulfillment, Inc., Manny Gustavo Lenis re 252 MOTION to
Dismiss Indictment/Counts for Violation of United States Treaty, 266
MOTION to Dismiss Indictment/Counts For Violation of U.S. Treaty,
243 MOTION to Dismiss Indictment/Counts for violation of treaty
(***an, Michael) (Entered: 02/13/2007)
02/13/2007 289 RESPONSE to Motion by USA as to William Luis Lenis, Manny
Gustavo Lenis, Monica Lenis re 180 MOTION to Dismiss
Indictment/Counts MOTION TO DISMISS FOR SELECTIVE
PROSECUTION AND MOTION FOR DISCOVERY IN SUPPORT OF
SAME, 257 MOTION to Dismiss Indictment/Counts for Selective
Prosecution and Motion for Discovery in Support of Same, 265
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MOTION to Dismiss Indictment/Counts for Selective Prosecution
(***an, Michael) (Entered: 02/13/2007)
02/13/2007 290 RESPONSE to Motion by USA as to William Luis Lenis, Manny
Gustavo Lenis re 267 MOTION to Strike and Redact Portions of the
Indictment, 259 MOTION to Strike and Redact Portions of the
Indictment (***an, Michael) (Entered: 02/13/2007)
02/14/2007 Docket Text ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil
Scott Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis re 287
MOTION for Extension of Time to File Three Response Documents a
Day Late filed by USA: Ordered: GRANTED . Signed by Judge Mary
Ann L. Medler on 2/14/07. (MLM, ) (Entered: 02/14/2007)
02/14/2007 291 SECOND REPORT AND RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE CONCERNING SELECTIVE
PROSECUTION as to William Luis Lenis, Manny Gustavo Lenis,
Monica Lenis - IT IS HEREBY RECOMMENDED that defendant
monica Lenis' [Second] Request for Discovery in Support of Selective
Prosecution Claim be DENIED. 248 IT IS FURTHER
RECOMMENDED that defendant William Luis Lenis' Motion to
Dismiss for Selective Prosecution be DENIED. 257 IT IS FURTHER
RECOMMENDED that defendant Manny Gustavo Lenis' Motion to
Dismiss for Selective Prosecution be DENIED. 265 Objections to R&R
due by 3/1/2007Signed by Judge Mary Ann L. Medler on 2/14/07.
(LAH, ) (Entered: 02/14/2007)
02/15/2007 292 MOTION to Modify Conditions of Release by Tim Brown. (Lacheen,
Stephen) (Entered: 02/15/2007)
02/20/2007 Docket Text ORDER as to Tim Brown re 292 MOTION to Modify
Conditions of Release filed by Tim Brown; Ordered: Without objection
by the government, the motion is GRANTED. Defendant my attend the
wedding of his college roommate in Malvern, Pennsylvania on Friday,
February 23, 2007 and return to his residence by 1:00 a.m. on Saturday,
February 24, 2007. He shall inform his Pretrial Services Officer of his
exact whereabouts in Malvern and his means of travel and shall report by
phone or in person, as directed by his Pretrial Services Officer, on
Monday, February 26, 2007. Signed by Judge Mary Ann L. Medler on
2/20/07. (MLM, ) (Entered: 02/20/2007)
02/21/2007 293 MOTION for Motion Hearing, Scheduling Conference, and Trial Setting
by Lori Beth Kaplan-Multz (Bennett, James) (Modified on 2/22/2007 to
Edit Docket Text - CMA) (Entered: 02/21/2007)
02/21/2007 294 NOTICE by Neil Scott Kaplan of: Examination of Grand Jury
Questionnaires (Kister, Susan) (Entered: 02/21/2007)
02/22/2007 295 MOTION for Extension of Time to File Response/Reply as to 269
MOTION to Dismiss Indictment/Counts I -- RICO Conspiracy or Parts
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Thereof by David Carruthers. (Sison, Gilbert) (Entered: 02/22/2007)
02/23/2007 Docket Text ORDER as to David Carruthers re 295 MOTION for
Extension of Time to File Response/Reply as to 269 MOTION to
Dismiss Indictment/Counts I -- RICO Conspiracy or Parts Thereof filed
by David Carruthers: Ordered: GRANTED. Defendant Carruthers' Reply
to the government's Response to his Motion to Dismiss shall be filed by
2/28/07 . Signed by Judge Mary Ann L. Medler on 2/23/07. (MLM)
(Entered: 02/23/2007)
02/23/2007 296 OBJECTION TO REPORT AND RECOMMENDATIONS 246 by
Monica Lenis (Bogenschutz, John) (Entered: 02/23/2007)
02/23/2007 297 ORDER as to Betonsports PLC, Gary Stephen Kaplan, Neil Scott
Kaplan, Lori Beth Kaplan-Multz, David Carruthers, Peter Wilson,
Norman Steinberg, Tim Brown, Direct Mail Expertise, Inc., DME Global
Marketing & Fulfillment, Inc., Mobile Promotions, Inc., William Hernan
Lenis, William Luis Lenis, Manny Gustavo Lenis, Monica Lenis: IT IS
HEREBY ORDERED that the Evidentiary Hearing presently set on
3/2/07 is CANCELLED; IT IS FURTHER ORDERED that the
appearance is not required on 3/2/07 of the government, the Defts, or
their lawyers; Signed by Judge Mary Ann L. Medler on 2/23/07 (CMA)
(Entered: 02/23/2007)
02/26/2007 298 RESPONSE in Opposition by USA as to Monica Lenis re 246 REPORT
AND RECOMMENDATIONS as to William Hernan Lenis, Monica
Lenis re 173 MOTION to Dismiss Indictment/Counts for Selective
Prosecution and Motion for Discovery in Support of Same (Woelfle,
Marty) (Entered: 02/26/2007)
02/26/2007 299 RESPONSE in Opposition by USA as to Lori Beth Kaplan-Multz re 293
MOTION for Hearing Scheduling Conference and Trial Setting (Woelfle,
Marty) (Entered: 02/26/2007)
02/28/2007 300 OBJECTION TO REPORT AND RECOMMENDATIONS 291 by
William Luis Lenis of the United States Magistrate Judge Concerning
Selective Prosecution (Shostak, Burton) (Entered: 02/28/2007)
02/28/2007 301 OBJECTION TO REPORT AND RECOMMENDATIONS 291 by
Manny Gustavo Lenis (Sindel, Richard) (Entered: 02/28/2007)
02/28/2007 302 REPLY TO RESPONSE to Motion by David Carruthers re 269
MOTION to Dismiss Indictment/Counts I -- RICO Conspiracy or Parts
Thereof (Sison, Gilbert) (Entered: 02/28/2007)
03/07/2007 303 RESPONSE in Opposition by USA as to David Carruthers re 269
MOTION to Dismiss Indictment/Counts I -- RICO Conspiracy or Parts
Thereof (Attachments: # 1 # 2)(Woelfle, Marty) (Entered: 03/07/2007)
03/12/2007 304 ENTRY OF ATTORNEY APPEARANCE Steven A. Muchnick
appearing for USA. in addition to the other attorneys who previously
entered their appearance on behalf of the United States (Muchnick,
Steven) (Entered: 03/12/2007)
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03/13/2007 305 MEMORANDUM in Support by USA as to Betonsports PLC, Gary
Stephen Kaplan, Neil Scott Kaplan, Lori Beth Kaplan-Multz, David
Carruthers, Peter Wilson, Norman Steinberg, Tim Brown, Direct Mail
Expertise, Inc., DME Global Marketing & Fulfillment, Inc., Mobile
Promotions, Inc., William Hernan Lenis, William Luis Lenis, Manny
Gustavo Lenis, Monica Lenis re 291 REPORT AND
RECOMMENDATIONS Response to Objections filed by William Luis
and Manny Gustavo Lenis (Woelfle, Marty) (Entered: 03/13/2007)
03/15/2007 306 REPORT AND RECOMMENDATIONS as to Neil Scott Kaplan, Tim
Brown, William Luis Lenis, Monica Lenis re 256 MOTION to Sever
Defendant, 234 MOTION to Sever Defendant, 250 MOTION to Sever
Defendant, 185 MOTION to Sever Defendant MOTION FOR
SEVERANCE RECOMMENDED that the above motions be denied.
Objections to R&R due by 3/26/2007. Signed by Judge Mary Ann L.
Medler on 3/15/07. (LGK, ) (Entered: 03/15/2007)
03/20/2007 307 OBJECTION TO REPORT AND RECOMMENDATIONS 306 by Neil
Scott Kaplan (Kister, Susan) (Entered: 03/20/2007)
03/23/2007 308 OBJECTION TO REPORT AND RECOMMENDATIONS 306 by
Monica Lenis (Bogenschutz, John) (Entered: 03/23/2007)
03/26/2007 309 Second MOTION to Modify Conditions of Release by David Carruthers.
(Rosenblum, N.) (Entered: 03/26/2007)
03/28/2007 310 ORDER - IT IS HEREBY ORDERED that Defendant's Second Motion
to Modify Conditions of Release 309 is GRANTED in part and DENIED
in part as follows: (7)(r)(iii) Defendant may leave his residence for one
four hour andone two hour period daily. These periods must be separated
by a onehour period during which defendant must return to and remain at
his residence, subject to the prior approval of the Pretrial Services
Officer. Signed by Judge Mary Ann L. Medler on 3/28/07. (LAH, )
(Entered: 03/28/2007)
03/30/2007 311 RESPONSE in Opposition by USA as to Neil Scott Kaplan, Lori Beth
Kaplan-Multz re 306 REPORT AND RECOMMENDATIONS as to Neil
Scott Kaplan, Tim Brown, William Luis Lenis, Monica Lenis re 256
MOTION to Sever Defendant, 234 MOTION to Sever Defendant, 250
MOTION to Sever Defendant, 185 MOTION to Sever Defendant
MOTION FOR SEVERANCE (Woelfle, Marty) (Entered: 03/30/2007)
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