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TERMINATED
U.S. District Court
District of Oregon (Portland)
CRIMINAL DOCKET FOR CASE #: 3:09-cr-00235-BR-1
Case title: USA v. Beetham et al Date Filed: 06/16/2009
Date Terminated: 08/26/2010
Defendant (1)
Dennis Beetham represented by Janet Lee Hoffman
TERMINATED: 08/26/2010 Janet Hoffman & Associates LLC
1000 S.W. Broadway
Suite 1500
Portland, OR 97205
(503) 222-1125
Fax: (503) 222-7529
Email: janet@jhoffman.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Sarah J. Adams
Janet Hoffman & Associates
1000 S.W. Broadway
Suite 1500
Portland, OR 97205
(503)222-1125
Fax: (503)222-7589
Email: sarah@jhoffman.com
ATTORNEY TO BE NOTICED
Designation: Retained
Complaints Disposition
None
Movant
Stahancyk, Kent & Hook PC represented by Kenneth Goodin
TERMINATED: 08/26/2010 ATTORNEY TO BE NOTICED
Movant
Kathy Woeck represented by Kenneth Goodin
TERMINATED: 08/26/2010 (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Movant
Ball Janik LLP represented by Richard H. Allan
TERMINATED: 08/26/2010 Ball Janik, LLP
101 SW Main Street
Suite 1100
Portland, OR 97204
503 228-2525 x276
Fax: 503 295-1058
Email: rallan@bjllp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
USA represented by Daina Arija Vitolins
Crook County District Attorney
Crook County Courthouse
300 N.E. Third
Prineville, OR 97754
(541) 447-4158
Email: Daina.vitolins@co.crook.or.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Dwight C. Holton
United States Attorney's Office
1000 S.W. Third Avenue
Suite 600
Portland, OR 97204
(503) 727-1128
Fax: (503) 727-1117
Email: dwight.holton@usdoj.gov
TERMINATED: 03/01/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
J. Ron Sutcliffe
Department of Justice
Washington Group Plaza IV
800 Park Blvd, Suite 600
Boise, ID 83712
(208) 334-9124
Fax: (208) 334-1413
Email: Ronald.Sutcliffe@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
06/16/2009 1 Sealed Indictment as to Dennis Beetham (Deft #1) and D.B. Western, Inc.
(Deft #2) for 42 USC 6928(d)(2)(A) & 18 USC 2 - KNOWING
VIOLATION OF LAWS & REGULATIONS RELATED TO
DISPOSAL OF HAZARDOUS WASTE, specifically count 1 -
DISPOSAL OF PLF WASTE IN CINDER CONE; count 2 - DISPOSAL
OF NITRIC ACID WASTE IN CINDER CONE; count 3 - STORAGE
OF PLF WASTE IN CONTAMINATED MACHINERY PARTS; and
count 4 - STORAGE OF PLF WASTE IN TANKS. (mkk) (Entered:
06/17/2009)
07/21/2009 3 Scheduling Order by Magistrate Judge Paul Papak: At the request of the
Government, a 1st Appearance/Arraignment/Detention Hearing as to
Defendants Dennis Beetham and D.B. Western, Inc. is set for 8/6/2009 at
1:30PM in Portland before the duty magistrate. (gm) (Entered:
07/21/2009)
08/18/2009 10 Notice by USA as to Dennis Beetham, D.B. Western, Inc. J. Ron Sutcliffe
Appearing as Senior Trial Attorney (Holton, Dwight) (Entered:
08/18/2009)
08/24/2009 11 Scheduling Order by Judge Anna J. Brown as to Dennis Beetham, D.B.
Western, Inc. Status Conference is set for 9/4/2009 at 10:30AM before
Judge Anna J. Brown. (sm) (Entered: 08/24/2009)
09/03/2009 12 Unopposed Motion for Hearing Complex Case Designation Oral
Argument requested. by Defendant Dennis Beetham, D.B. Western, Inc..
(Hoffman, Janet) (Entered: 09/03/2009)
09/23/2009 14 Scheduling Order by Judge Anna J. Brown as to Dennis Beetham, D.B.
Western, Inc. Daubert Hearing (3-days) set for 2/17/2009 is RESET for
2/23/2010 at 09:00AM before Judge Anna J. Brown. (sm) (Entered:
09/23/2009)
09/29/2009 15 Status Report filed by USA as to Dennis Beetham, D.B. Western, Inc.
(Holton, Dwight) (Entered: 09/29/2009)
11/16/2009 18 Joint Status Report filed by USA as to Dennis Beetham, D.B. Western,
Inc. (Holton, Dwight) (Entered: 11/16/2009)
12/15/2009 21 Scheduling Order by Judge Anna J. Brown as to Dennis Beetham, D.B.
Western, Inc. Status Conference set for 12/23/2009 is RESET for
12/22/2009 in Courtroom 14A at 09:00AM before Judge Anna J. Brown.
Counsel wishing to participate by telephone should contact the Courtroom
Deputy for instructions. (sm) (Entered: 12/15/2009)
12/21/2009 22 Status Report filed by USA as to Dennis Beetham, D.B. Western, Inc.
(Holton, Dwight) (Entered: 12/21/2009)
01/15/2010 24 Joint Status Report by Dennis Beetham, D.B. Western, Inc. Discovery
Status (Hoffman, Janet) (Entered: 01/15/2010)
01/19/2010 25 Scheduling Order by Judge Anna J. Brown as to Dennis Beetham, D.B.
Western, Inc. Status Conference is rescheduled for 1/21/2010 at 08:45
AM before Judge Anna J. Brown. (bb) (Entered: 01/19/2010)
02/05/2010 31 Response to Motion by USA as to Dennis Beetham, D.B. Western, Inc.
regarding Motion to Compel 27 filed by Defendant Dennis Beetham,
Defendant D.B. Western, Inc. (Holton, Dwight) (Entered: 02/05/2010)
02/05/2010 32 Joint Motion for Leave to File Reply by Defendant Dennis Beetham, D.B.
Western, Inc.. (Hoffman, Janet) (Entered: 02/05/2010)
02/05/2010 33 Joint Status Report by Dennis Beetham, D.B. Western, Inc. and Request
for Daubert Setover (Hoffman, Janet) (Entered: 02/05/2010)
02/08/2010 34 ORDER by Judge Anna J. Brown. Granting Defendants' Joint Motion for
Leave to File Reply as to Dennis Beetham (1), D.B. Western, Inc. (2).
Reply due 02/09/2010 by NOON. (bb) (Entered: 02/08/2010)
02/09/2010 35 Reply to Response to Motion by Dennis Beetham, D.B. Western, Inc.
regarding Motion to Compel 27 (Hoffman, Janet) (Entered: 02/09/2010)
03/01/2010 38 Notice of Attorney Substitution: Attorney Michelle Holman Kerin added
for Plaintiff USA regarding Defendant Dennis Beetham, D.B. Western,
Inc. in place and stead of Attorney Dwight C. Holton. (Kerin, Michelle)
(Entered: 03/01/2010)
03/15/2010 40 Motion for Extension of Time For Revised Expert Disclosures and Other
Court Dates filed by USA as to Defendant Dennis Beetham, D.B.
Western, Inc.. (Kerin, Michelle) (Entered: 03/15/2010)
03/15/2010 41 Declaration by Michelle Holman Kerin regarding Motion for Extension of
Time For Revised Expert Disclosures and Other Court Dates 40 filed by
Plaintiff USA (Kerin, Michelle) (Entered: 03/15/2010)
03/18/2010 42 Scheduling Order as to Dennis Beetham, D.B. Western, Inc. by Judge
Anna J. Brown. Status Conference is set for 3/19/2010 at 02:30 PM
before Judge Anna J. Brown to discuss Motion for Extension of Time For
Revised Expert Disclosures and Other Court Dates 40 . (bb) (Entered:
03/18/2010)
03/19/2010 43 Minutes of Proceedings: Status Conference before Judge Anna J. Brown
as to Dennis Beetham, D.B. Western, Inc. Court Granted Government's
Unopposed Motion 40 to Extend Deadline for Revised Expert Disclosures
and Other Court Dates. Government's Revised Expert Disclosures due
03/25/2010; Defendants' deadline for filing Daubert Motions due
04/12/2010; Government's Response to Motions due 04/19/2010. Hearing
on Daubert Motions remains as set for 05/06/2010.Counsel Present for
Plaintiff: Michelle Kerin, J. Ronald Sutcliffe (telephonically).Counsel
Present for Defendant: Janet Hoffman, Shannon Riordan.(Court Reporter
Amanda LeGore) (bb) (Entered: 03/19/2010)
04/12/2010 44 Motion for Authorization to Issue Rule 17(c) Subpoenas Duces Tecum
Oral Argument requested. by Defendant Dennis Beetham, D.B. Western,
Inc.. (Hoffman, Janet) (Entered: 04/12/2010)
04/12/2010 46 Motion in Limine to Exclude Expert Testimony Oral Argument requested.
by Defendant Dennis Beetham, D.B. Western, Inc.. (Hoffman, Janet)
(Entered: 04/12/2010)
04/13/2010 48 Scheduling Order by Judge Anna J. Brown as to Dennis Beetham, D.B.
Western, Inc. Status Conference is set for 4/14/2010 at 03:30 PM before
Judge Anna J. Brown. (bb) (Entered: 04/13/2010)
04/14/2010 49 Minutes of Proceedings: Status Conference before Judge Anna J. Brown
as to Dennis Beetham, D.B. Western, Inc. Next Status Conference is SET
for 4/29/2010 at 01:30 PM before Judge Anna J. Brown. Counsel to file a
Joint Status Report no later than 4/27/2010 by NOON. Counsel Present
for Plaintiff: Michelle Kerin, J. Ronald Sutcliffe (telephonic).Counsel
Present for Defendant: Sara Adams, Shannon Riordan, Janet Hoffman
(telephonic).(Court Reporter Amanda LeGore) (bb) (Entered: 04/14/2010)
04/19/2010 50 Response to Motion by USA as to Dennis Beetham, D.B. Western, Inc.
regarding Motion in Limine 46 filed by Defendant Dennis Beetham,
Defendant D.B. Western, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B,
# 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Kerin, Michelle) (Entered:
04/19/2010)
04/22/2010 51 Notice as to Dennis Beetham, D.B. Western, Inc. Intent to Call Experts
(Hoffman, Janet) (Entered: 04/22/2010)
04/23/2010 52 Response to Motion by USA as to Dennis Beetham, D.B. Western, Inc.
regarding Motion for Authorization 44 filed by Defendant Dennis
Beetham, Defendant D.B. Western, Inc. (Attachments: # 1 Attachment)
(Kerin, Michelle) (Entered: 04/23/2010)
04/27/2010 53 Joint Status Report by Dennis Beetham, D.B. Western, Inc. and Request
for Setover (Hoffman, Janet) (Entered: 04/27/2010)
04/29/2010 54 Minutes of Proceedings: Status Conference held. Court heard re: Joint
Status Report 53 and Request to Setover. Hearing on Motions to Suppress
RESET for 09/21/2010. Motions to be filed no later than 08/10/2010;
Government oppositions to defendants' motions due 08/31/2010. Jury
Trial (3 wks) RESET for 03/21/2011. Pretrial Conference RESET for
03/14/2011 at 9:00 am. Pretrial Documents due 02/23/2011 by NOON.
Pursuant to 18 U.S.C. § 3161(h)(7)(A), the Court finds the ends of justice
outweigh the best interests of the public and the defendant in a speedy
trial because the failure to grant the continuance is likely to result in a
miscarriage of justice (§3161(h)(7)(B)(i)) and likely would deny
defendant's counsel the reasonable time necessary for effective
preparation, taking into account the exercise of due diligence (§ 3161(h)
(7)(B)(iv)). The time from 09/21/2010 to 03/21/2011 shall be
excluded.Counsel Present for Plaintiff: Michelle Kerin, J. Ronald
Sutcliffe.Counsel Present for Defendant: Janet Hoffman, Shannon
Riordan.(Court Reporter Amanda LeGore) (bb) (Entered: 04/30/2010)
05/07/2010 55 Reply to Response to Motion by Dennis Beetham, D.B. Western, Inc.
regarding Motion for Authorization to 44 (Hoffman, Janet) (Entered:
05/07/2010)
05/19/2010 58 Motion for Extension of Time to Produce Expert Reports by Defendant
Dennis Beetham, D.B. Western, Inc.. (Hoffman, Janet) (Entered:
05/19/2010)
05/20/2010 59 Scheduling Order as to Dennis Beetham, D.B. Western, Inc. by Judge
Anna J. Brown. Defendants' Motion for Extension of Time to Produce
Expert Reports 58 is GRANTED. The deadline is extended to June 2,
2010. All dates previously ordered by the Court remain in effect. (sm)
(Entered: 05/20/2010)
05/27/2010 60 Unopposed Motion for Extension of Time to Produce Expert Reports and
File Joint Status Report by Defendant Dennis Beetham, D.B. Western,
Inc.. (Hoffman, Janet) (Entered: 05/27/2010)
06/08/2010 63 Minute Order by Judge Anna J. Brown as to Dennis Beetham, D.B.
Western, Inc. The Court directs that the joint proposed Status Report due
6/11/10 shall be filed no later than 10:00 a.m. on 6/11/2010. (bb)
(Entered: 06/08/2010)
06/11/2010 64 Joint Status Report by Dennis Beetham, D.B. Western, Inc. (Attachments:
# 1 Exhibit 2, # 2 Exhibit 1) (Hoffman, Janet) (Entered: 06/11/2010)
06/15/2010 65 Notice of Change of Address entered by Janet Lee Hoffman as to Dennis
Beetham, D.B. Western, Inc. (Hoffman, Janet) (Entered: 06/15/2010)
06/15/2010 66 Minutes of Proceedings: Status Conferenc held before Judge Anna J.
Brown as to Dennis Beetham, D.B. Western, Inc. Court DENIED as moot
Defendants' Motion 44 for Authorization to Issue Rule 17(c) Subpoenas
Duces Tecum. Counsel to exchange with each other proposed jury
instructions re: U122 no later than 06/25/2010. Counsel to submit to the
Court their Memorandum re: respective position as to the proposed jury
instruction re: U122 by 07/09/2010. Court advised counsel of proposed
dates for a continuation of the Daubert hearing. Counsel to confer and to
advise the courtroom deputy. Counsel Present for Plaintiff: Michelle
Kerin, Daina Vitolins, J. Ronald Sutcliffe (telephonic).Counsel Present
for Defendant: Janet Hoffman, Sarah Adams, Shannon Riordan.(Court
Reporter Bonita Shumway) (bb) (Entered: 06/16/2010)
06/18/2010 67 Unopposed Motion for Authorization to Issue Subpoenas Duces Tecum
Oral Argument requested. by Defendant Dennis Beetham, D.B. Western,
Inc.. (Hoffman, Janet) (Entered: 06/18/2010)
06/30/2010 70 Scheduling Order by Judge Anna J. Brown as to Dennis Beetham, D.B.
Western, Inc. Status Conference on Defendant's Unopposed Rule 17(c)
Motion for Issuance of Subpoenas Duces Tecum is SET for 7/1/2010 at
02:30 PM before Judge Anna J. Brown. (bb) (Entered: 06/30/2010)
07/07/2010 72 ORDER: Granting 67 Defendants' Unopposed Rule 17(c) Motion for
Issuance of Subpoenas Duces Tecum as to Defendants Dennis Beetham
(1) and D.B. Western, Inc. (2); (See 3-page Order for full text); by Judge
Anna J. Brown; signed on 7/7/10. (kw) (Entered: 07/07/2010)
07/08/2010 73 Unopposed Motion for Extension of Time to Wednesday, July 14, 2010
filed by USA as to Defendant Dennis Beetham, D.B. Western, Inc..
(Kerin, Michelle) (Entered: 07/08/2010)
07/15/2010 77 Motion for Extension of Time to File Supplemental Daubert Briefs filed
by USA as to Defendant Dennis Beetham, D.B. Western, Inc.. (Kerin,
Michelle) (Entered: 07/15/2010)
07/29/2010 81 Joint Status Report filed by Dennis Beetham as to Dennis Beetham, D.B.
Western, Inc. re Defendants' Subpoenas (Hoffman, Janet) (Entered:
07/29/2010)
07/30/2010 82 Exhibits by Dennis Beetham, D.B. Western, Inc. (Menikoff, Carrie)
(Entered: 07/30/2010)
07/30/2010 83 Minute Order by Judge Anna J. Brown as to Dennis Beetham, D.B.
Western, Inc. The Court has completed its consideration of the July 29,
2010, Joint Status Report 81 of the parties in which an extension of time
is requested for subpoenaed third-parties to make their return or to move
to quash or otherwise to respond to recently served subpoenas. The Court
hereby extends that deadline from July 30, 2010, to August 13, 2010. The
Court also acknowledges receipt of a message from counsel requesting
that continued proceedings scheduled for August 6, 2010, concerning
Defendants' pending Daubert Motions 46 be postponed to allow time for
the government to consider how it may choose to proceed in light of the
Daubert issues developed to date. Although the Court agrees it is unwise
to proceed with the Daubert hearing until the government has had some
additional time to evaluate these matters, and, accordingly, the Court
relieves the parties from preparing to continue the Daubert hearing on
August 6, the Court nonetheless concludes it will be helpful to conduct a
status hearing at the August 6 setting originally planned for the Daubert
proceeding. Accordingly, the Court will conduct a status conference with
the parties on August 6, 2010, at 9:00 a.m. and expects at that hearing to
set a new schedule for the timely resolution of this matter. To assist the
Court in that effort, the Court requests the parties to file no later than
Noon on August 5, 2010, a joint proposal for further handling. (bb)
(Entered: 07/30/2010)
08/05/2010 84 Joint Status Report filed by USA as to Dennis Beetham, D.B. Western,
Inc. (Kerin, Michelle) (Entered: 08/05/2010)
08/06/2010 85 Minutes of Proceedings: Status Conference before Judge Anna J. Brown
as to Dennis Beetham, D.B. Western, Inc. Furter Status Conference is
SET for 8/23/2010 at 03:00 PM before Judge Anna J. Brown. Counsel to
file a Joint Status Report by 08/19/2010. Hearing on Defendant's Motion
to Suppress set for 09/21/2010 is STRICKEN. All other dates and
deadlines remain as previously set.Counsel Present for Plaintiff: Michelle
Kerin, Daina Vitolins, J. Ronald Sutcliffe.Counsel Present for Defendant:
Janet Hoffman, Sarah Adams.(Court Reporter Amanda LeGore) (bb)
(Entered: 08/06/2010)
08/12/2010 87 Motion to Quash Subpoena Directed to Dorsey and Whitney LLP filed by
Dorsey and Whitney LLP as to Defendants Dennis Beetham and D.B.
Western, Inc.. (kw) (Entered: 08/16/2010)
08/13/2010 89 Motion to Quash Subpoena Duces Tecum to Movant and for Protective
Order filed by Stahancyk, Kent & Hook PC as to Defendant Dennis
Beetham, D.B. Western, Inc. (schm) (Entered: 08/16/2010)
08/13/2010 91 Response to Defendant's Subpoena Duces Tecum filed by Kathy Woeck
as to Dennis Beetham, D.B. Western, Inc. (schm) (Entered: 08/16/2010)
08/13/2010 92 Motion to Quash Subpoena Duces Tecum to Movant and for Protective
Order filed by Kathy Woeck, (Movant) as to Defendant Dennis Beetham,
D.B. Western, Inc.. (schm) (Entered: 08/16/2010)
08/13/2010 94 Response to Defendant's Subpoena filed by Ball Janik LLP as to Dennis
Beetham, D.B. Western, Inc. (schm) (Entered: 08/16/2010)
08/13/2010 95 Movant Ball Janik LLP'S Motion to Quash Subpoena to Movant filed by
Ball Janik LLP as to Defendant Dennis Beetham, D.B. Western, Inc..
(schm) (Entered: 08/16/2010)
08/13/2010 96 Movant Ball Janik LLP'S Motion for Protective Order filed by Ball Janik
LLP as to Defendant Dennis Beetham, D.B. Western, Inc.. (schm)
(Entered: 08/16/2010)
08/19/2010 100 Scheduling Order by Judge Anna J. Brown as to Dennis Beetham, D.B.
Western, Inc. Status Conference set for 8/23/2010 is STRICKEN. (sm)
(Entered: 08/19/2010)
09/20/2010 20:43:07
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