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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

Assigned to: Judge Anna J. Brown

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

Pending Counts Disposition


None

Highest Offense Level (Opening)


None

Terminated Counts Disposition


KNOWING VIOLATION OF LAWS & IT IS HEREBY ORDERED AND
REGULATIONS RELATED TO ADJUDGED that the Indictment filed on
DISPOSAL OF HAZARDOUS WASTE -
June 17, 2009, in this matter be dismissed
DISPOSAL OF PLF WASTE IN
as to all defendants with prejudice signed
CINDER CONE
by Judge Anna J. Brown.
(1)
KNOWING VIOLATION OF LAWS &
IT IS HEREBY ORDERED AND
REGULATIONS RELATED TO
ADJUDGED that the Indictment filed on
DISPOSAL OF HAZARDOUS WASTE -
June 17, 2009, in this matter be dismissed
DISPOSAL OF NITRIC ACID WASTE
as to all defendants with prejudice signed
IN CINDER CONE
by Judge Anna J. Brown.
(2)
KNOWING VIOLATION OF LAWS &
REGULATIONS RELATED TO IT IS HEREBY ORDERED AND
DISPOSAL OF HAZARDOUS WASTE - ADJUDGED that the Indictment filed on
STORAGE OF PLF WASTE IN June 17, 2009, in this matter be dismissed
CONTAMINATED MACHINERY as to all defendants with prejudice signed
PARTS by Judge Anna J. Brown.
(3)
KNOWING VIOLATION OF LAWS & IT IS HEREBY ORDERED AND
REGULATIONS RELATED TO ADJUDGED that the Indictment filed on
DISPOSAL OF HAZARDOUS WASTE - June 17, 2009, in this matter be dismissed
STORAGE OF PLF WASTE IN TANKS as to all defendants with prejudice signed
(4) by Judge Anna J. Brown.

Highest Offense Level (Terminated)


Felony

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

Michelle Holman Kerin


U.S. Attorney's Office
1000 SW Third Avenue, Suite 600
Portland, OR 97204
(503) 727-1178
Fax: (503) 727-1117
Email: michelle.kerin@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

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)

06/18/2009 2  Notice of Case Assignment to Judge Ancer L. Haggerty. (mkk) (Entered:


06/18/2009)

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)

08/06/2009 4  Motion to Unseal Indictment filed by USA as to Defendant Dennis


Beetham and D.B. Western, Inc.. (mkk) (Entered: 08/06/2009)

08/06/2009 5  ORDER TO UNSEAL INDICTMENT:Granting 4 Motion to Unseal Case


as to Dennis Beetham (1) and D.B. Western, Inc. (2). Signed 8/5/09 by
Magistrate Judge John V. Acosta. (mkk) (Entered: 08/06/2009)

08/06/2009 6  Minutes of Proceedings:First Appearance before Magistrate Judge John


V. Acosta as to Dennis Beetham (Deft #1) and D.B. Western, Inc. (Deft
#2) held on 8/6/2009. Arraignment held on counts as to Dennis Beetham
(1) Counts 1,2,3,4 and D.B. Western, Inc. (2) Counts 1,2,3,4. Defendants
to proceed as named in the Indictment. Defendants waived reading of the
Indictment. Defendants advised of rights. Not guilty pleas entered. Order
Defendants appearing with retained counsel Janet Hoffman and Sarah
Adams. Detention Hearing held Dennis Beetham (1) and D.B. Western,
Inc. (2) Defendants Location-Custody status is: Released on conditions.
(See separate order). 10-Day Jury Trial is set for 10/6/2009 at 09:00AM
in Judge Haggerty's Courtroom before Judge Ancer L. Haggerty.ORDER:
Defendant will be requesting of Judge Haggerty a Status Conference to
set new discovery deadlines and designating this case as a complex
case.Counsel Present for Plaintiff: Dwight Holton and Daina
Vitolins.Counsel Present for Defendants: Janet Hoffman and Sarah
Adams.(Court Reporter FTR/Paul Gale)Courtroom Deputy: Paul Gale.
(mkk) (Entered: 08/10/2009)

08/07/2009 7  Order Setting Conditions of Release as to Defendant Dennis


Beetham.Signed 8/6/09 by Magistrate Judge John V. Acosta. (mkk)
(Entered: 08/10/2009)

08/11/2009 8  Notice of Case Reassignment: Case reassigned from Judge Ancer L.


Haggerty to Judge Anna J. Brown. (eo) (Entered: 08/11/2009)

08/11/2009 9  Scheduling Order by Judge Ancer L. Haggerty as to Dennis Beetham,


D.B. Western, Inc. Order resetting the 10 day Jury Trial currently set for
10/6/2009 at 9:00AM from Judge Haggerty's calendar to Judge Anna
Brown's calendar as this case has been reassigned to Judge Brown. (jlr)
(Entered: 08/11/2009)

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)

09/04/2009 13  Minutes of Proceedings:Scheduling Conference before Judge Anna J.


Brown as to Dennis Beetham, D.B. Western, Inc. Case is designated
COMPLEX. Case Management schedule set. Jury Trial (3-weeks) is set
for 9/21/2010 at 09:00AM before Judge Anna J. Brown. Pretrial
Conference is set for 9/9/2010 at 09:00AM before Judge Anna J. Brown.
Next Status Conference is set for 10/2/2009 at 08:30AM before Judge
Anna J. Brown. Status Report due by Noon, 9/30/2009. See Minute Order
for other case management dates and deadlines.Counsel Present for
Plaintiff: Dwight Holton, Daina Vitolins.Counsel Present for Defendant:
Janet Hoffman, Sarah Adams.(Court Reporter Amanda LeGore) (sm)
(Entered: 09/04/2009)

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)

10/02/2009 16  Minutes of Proceedings:Status Conference before Judge Anna J. Brown


as to Dennis Beetham and D.B. Western, Inc. Further Status Conference
is set for 11/18/2009 at 08:30AM in Chambers before Judge Anna J.
Brown. Status Report due by Noon, 11/16/2009.Counsel Present for
Plaintiff: Dwight Holton.Counsel Present for Defendant: Janet Hoffman,
Sarah Adams.(Court Reporter Amanda LeGore) (sm) (Entered:
10/02/2009)

11/06/2009 17  Minutes of Proceedings:Telephone Conference before Judge Anna J.


Brown as to Dennis Beetham, D.B. Western, Inc. The Court
acknowledges receipt of a Joint Statement of Calendering Issue submitted
(but not filed) by Defendants. The Court determines no conflict currently
exists and the parties are invited to raise this issue at a future time if an
actual conflict arises.Counsel Present for Plaintiff: Dwight
Holton.Counsel Present for Defendant: Janet Hoffman, Sarah Adams.
(Court Reporter Not Reported) (sm) (Entered: 11/06/2009)

11/16/2009 18  Joint Status Report filed by USA as to Dennis Beetham, D.B. Western,
Inc. (Holton, Dwight) (Entered: 11/16/2009)

11/18/2009 19  Minutes of Proceedings:Status Conference before Judge Anna J. Brown


as to Dennis Beetham, D.B. Western, Inc. Further Status Conference is set
for 12/23/2009 at 08:30AM in Chambers before Judge Anna J. Brown.
Status Report is due by Noon, 12/21/2009. Counsel Present for Plaintiff:
Dwight Holton.Counsel Present for Defendant: Janet Hoffman, Sarah
Adams.(Court Reporter Amanda LeGore) (sm) (Entered: 11/18/2009)

12/02/2009 20  OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status


Conference as to Defendant Dennis Beetham, D.B. Western, Inc. for date
of September 4, 2009 before Judge Anna J. Brown, Court Reporter
Amanda LeGore, telephone number 503-326-8184. Transcript may be
viewed at Court's public terminal or purchased from the Court
Reporter/Transcriber before the deadline for Release of Transcript
Restriction. Afterwards it may be obtained through PACER-See Policy at
ord.uscourts.gov. Notice of Intent to Redact Transcript is due by
12/14/2009. Redaction Request due 12/28/2009. Redacted Transcript
Deadline set for 1/5/2010. Release of Transcript Restriction set for
3/5/2010. (LeGore, Amanda) (Entered: 12/02/2009)

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)

12/22/2009 23  Minutes of Proceedings:Status Conference before Judge Anna J. Brown


as to Dennis Beetham, D.B. Western, Inc. Joint Statement on discovery
issues due 1/15/2010; Status Conference is set for 1/21/2010 at 08:30 AM
in Chambers before Judge Anna J. Brown if necessary. Joint Status report
due 1/27/2010; Status Conference is set for 1/29/2010 at 08:30 AM in
Chambers before Judge Anna J. Brown. Defendant's Daubert motions due
02/16/2010; responses due 03/05/2010; hearing previously set for
02/23/2010 is rescheduled to 03/22/2010 (2 days) at 9:00 am. All other
pretrial deadlines remain as previously set. Counsel Present for Plaintiff:
Dwight Holton, Daina Vitolins, Ronald Sutcliffe.Counsel Present for
Defendant: Janet Hoffman, Shannon Rearden.(Court Reporter Amanda
LeGore) (bb) (Entered: 12/22/2009)

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)

01/21/2010 26  Minutes of Proceedings:Status Conference before Judge Anna J. Brown


as to Dennis Beetham, D.B. Western, Inc. Status Report re: current
statement of the discovery requested and not provided and its status due
01/27/2010 by noon. Status Conference for 1/29/2010 at 8:30 am remains
scheduled. Counsel Present for Plaintiff: Dwight Holton.Counsel Present
for Defendant: Janet Hoffman, Shannon Riordan, Sarah Adams.(Court
Reporter Amanda LeGore) (bb) (Entered: 01/21/2010)

01/27/2010 27  Motion to Compel Production of Expert Discovery Oral Argument


requested. by Defendant Dennis Beetham, D.B. Western, Inc.. (Hoffman,
Janet) (Entered: 01/27/2010)

01/27/2010 28  Memorandum in Support of Motion by Dennis Beetham, D.B. Western,


Inc. regarding Motion to Compel 27 filed by Defendant Dennis Beetham,
Defendant D.B. Western, Inc. Production of Expert Discovery (Hoffman,
Janet) (Entered: 01/27/2010)

01/29/2010 29  Minutes of Proceedings:Status Conference before Judge Anna J. Brown


as to Dennis Beetham, D.B. Western, Inc. Government's Response to
Motion to Compel 27 due 02/05/2010. Oral Argument on Motion to
Compel 27 is SET for 2/10/2010 at 09:00 AM before Judge Anna J.
Brown. Status Report due 02/05/2010 describing any other discovery
dispute issues that need to be resoled on 02/10/2010. Counsel Present for
Plaintiff: J. Ronald Sutcliffe, Dwight Holton.Counsel Present for
Defendant: Janet Hoffman, Shannon Riordan and Sarah Adams.(Court
Reporter Amanda LeGore) (bb) (Entered: 01/29/2010)

01/29/2010 30  OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status


Conference as to Defendant Dennis Beetham, D.B. Western, Inc. for date
of January 21, 2010 before Judge Anna J. Brown, Court Reporter Amanda
M. LeGore, telephone number 503-326-8184. Transcript may be viewed
at Court's public terminal or purchased from the Court
Reporter/Transcriber before the deadline for Release of Transcript
Restriction. Afterwards it may be obtained through PACER-See Policy at
ord.uscourts.gov. Notice of Intent to Redact Transcript is due by
2/8/2010. Redaction Request due 2/22/2010. Redacted Transcript
Deadline set for 3/4/2010. Release of Transcript Restriction set for
5/3/2010. (LeGore, Amanda) (Entered: 01/29/2010)

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)

02/10/2010 36  Minutes of Proceedings: Hearing on Defendants' Motion to Compel 27


before Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc.
Court GRANTED in part as stated on the record. Government shall
disclose to defendants each expert opinion the Government intends to
offer and the bases for the opinion by 03/15/2010. Daubert Motions due
04/05/2010, Response due 04/19/010. Daubert Hearing previously set for
03/22/2010 is VACATED and RESET for 5/6/2010 at 09:00AM before
Judge Anna J. Brown. Motions to Dismiss due 05/07/2010, Response due
05/21/2010, Hearing is still set for 06/10/2010 at 9:00 am. Defendants to
sign a written waiver of appearance for today's hearing. Counsel Present
for Plaintiff: J. Ronald Sutfliffe, Dwight Holton.Counsel Present for
Defendant: Sara Adams, Jane Hoffman, Shannon Riordan.(Court Reporter
Amanda LeGore) (bb) (Entered: 02/10/2010)

02/16/2010 37  Waiver of Appearance by Dennis Beetham, D.B. Western, Inc. at


February 10, 2010 Motions Hearing (Hoffman, Janet) (Entered:
02/16/2010)

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)

03/09/2010 39  OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral


Argument as to Defendant Dennis Beetham, D.B. Western, Inc. for date
of February 10, 2010 before Judge Anna J. Brown, Court Reporter
Amanda M. LeGore, telephone number 503-326-8184. Transcript may be
viewed at Court's public terminal or purchased from the Court
Reporter/Transcriber before the deadline for Release of Transcript
Restriction. Afterwards it may be obtained through PACER-See Policy at
ord.uscourts.gov. Notice of Intent to Redact Transcript is due by
3/19/2010. Redaction Request due 4/2/2010. Redacted Transcript
Deadline set for 4/12/2010. Release of Transcript Restriction set for
6/10/2010. (LeGore, Amanda) (Entered: 03/09/2010)

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 45  Memorandum in Support of Motion by Dennis Beetham, D.B. Western,


Inc. regarding Motion for Authorization to 44 filed by Defendant Dennis
Beetham, Defendant D.B. Western, Inc. (Attachments: # 1 Exhibit
Exhibits 1-6, # 2 Exhibit Exhibit 7, # 3 Exhibit Exhibits 8-13) (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)

04/12/2010 47  Memorandum in Support of Motion by Dennis Beetham, D.B. Western,


Inc. regarding Motion in Limine 46 filed by Defendant Dennis Beetham,
Defendant D.B. Western, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2,
# 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8
Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11) (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)

05/06/2010 56  Minutes of Proceedings: Oral Argument on Defendant's Motion 46 in


Limine to Exclude Expert Testimony. Evidence taken. Hearing continued
to 05/07/2010 at 9:00 am. Counsel Present for Plaintiff: Michelle Kerin, J.
Ronald Sutcliffe, Daina Vitolins.Counsel Present for Defendant: Janet
Hoffman, Sara Adams, Shannon Riordan.(Court Reporter Amanda
LeGore) (bb) (Entered: 05/07/2010)

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)

05/07/2010 57  Minutes of Proceedings:Court received evidence concerning Defendants'


Motion 46 in Limine to Exclude Expert Testimony. Concluding further
proceedings are necessary to develop the record sufficiently to resolve
Defendants' Motion, the Court directed Defendants' counsel to provide
expert witness statements to government counsel and the Court by
05/26/2010 to the extent Defendants wish the Court to consider their
experts' views as it assess the Dubert challenges to the analysis of the
government's expert witnesses. Counsel to file a Joint Status Report no
later than 6/8/10 outlining all other substantive motions still to be filed
and what additional proceedings the parties propose to complete the
record as to Motion #46. Counsel also to confer and to include in the Joint
Status Report whether the scope of the Motion 44 for Authorization to
issue Rule 17(c) Subpoena Duces Tecum can be narrowed. Counsel also
to submit no later than 6/8/10 a Proposed Jury Instruction re: the
definition of what is proscribed by U122 listing. Status conference set for
06/15/2010 at 2:00 pm before Judge Anna J. Brown.Counsel Present for
Plaintiff: Michelle Kerin, J. Ronald Sutcliffe, Daina Vitolins.Counsel
Present for Defendant: Janet Hoffman, Shannon Riordan, Sara Adams.
(Court Reporter Dennis Apodaca) (bb) (bb) (Entered: 05/11/2010)

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)

05/28/2010 61  ORDER by Judge Anna J. Brown. Granting Defendants' Unopposed


Motion 60 for Extension of Time to Produce Expert Reports and File
Joint Status Report as to Dennis Beetham (1), D.B. Western, Inc. (2).
Defendants' Daubert Rebuttal Expert Reports due 06/09/2010; Joint Status
Report due 06/11/2010 by NOON. Status Conference remains set for
06/15/2010 at 2:00 pm. (bb) (Entered: 05/28/2010)

06/04/2010 62  OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Daubert


Hearing, Volume 1 as to Defendant Dennis Beetham, D.B. Western, Inc.
for date of May 6, 2010 before Judge Anna J. Brown, Court Reporter
Amanda M. LeGore, telephone number 503-326-8184. Transcript may be
viewed at Court's public terminal or purchased from the Court
Reporter/Transcriber before the deadline for Release of Transcript
Restriction. Afterwards it may be obtained through PACER-See Policy at
ord.uscourts.gov. Notice of Intent to Redact Transcript is due by
6/14/2010. Redaction Request due 6/28/2010. Redacted Transcript
Deadline set for 7/8/2010. Release of Transcript Restriction set for
9/7/2010. (LeGore, Amanda) (Entered: 06/04/2010)

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)

06/18/2010 68  Memorandum in Support of Motion by Dennis Beetham, D.B. Western,


Inc. regarding Unopposed Motion for Authorization to Issue Subpoenas
Duces Tecum 67 filed by Defendant Dennis Beetham, Defendant D.B.
Western, Inc. (Attachments: # 1 Exhibit Exhibits 1 - 13) (Hoffman, Janet)
(Entered: 06/18/2010)
06/24/2010 69  Scheduling Order by Judge Anna J. Brown as to Dennis Beetham, D.B.
Western, Inc. Continued Daubert Hearing is SET for 7/22/2010 at 01:00
PM and 08/06/2010 at 9:00 am before Judge Anna J. Brown. (bb)
(Entered: 06/24/2010)

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)

07/01/2010 71  Minutes of Proceedings: Court GRANTS Defendants' Unopposed Rule


17(c) Motion for Issuance of Subpoenas Duces Tecum. Counsel to submit
Order to the Court. Materials to be produced to the chambers of Judge
Anna J. Brown no later than 07/30/2010 by NOON. Counsel Present for
Plaintiff: Michelle Kerin.Counsel Present for Defendant: Janet Hoffman.
(Court Reporter Amanda LeGore) (bb) (Entered: 07/02/2010)

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)

07/09/2010 74  ORDER by Judge Anna J. Brown. Granting Government's Unoppposed


Motion 73 for Extension of Time to Extend Deadline to Brief Proposed
Jury Instruction as to Dennis Beetham (1), D.B. Western, Inc. (2). Legal
Briefing regarding proposed jury instruction due 07/14/2010. (bb)
(Entered: 07/09/2010)

07/14/2010 75  Memorandum in Support Proposed Jury Instructions by Dennis Beetham,


D.B. Western, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, C)
(Hoffman, Janet) (Entered: 07/14/2010)

07/14/2010 76  Memorandum in Support of Motion by USA as to Dennis Beetham, D.B.


Western, Inc. Its Proposed RCRA Jury Instructions (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6
Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11
Exhibit K) (Kerin, Michelle) (Entered: 07/14/2010)

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)

07/15/2010 78  ORDER by Judge Anna J. Brown. Granting Government's Unopposed


Motion 77 to Extend Deadline to File Supplemental Daubert Briefs as to
Dennis Beetham (1), D.B. Western, Inc. (2). Supplemental Brief is due by
7/30/2010. (bb) (Entered: 07/15/2010)

07/21/2010 79  Waiver of of Appearance at 7/22/10, hearing by defendantDennis


Beetham (schm) (Entered: 07/21/2010)
07/22/2010 80  Minutes of Proceedings: Continued argument heard on Defendants'
Motion 46 in Limine to Exclude Expert Testimony. Oral Argument
continued to 08/06/2010 at 9:00 am before Judge Anna J. Brown.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: 07/26/2010)

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)

08/09/2010 86  OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED


Motions Hearing as to Defendant Dennis Beetham, D.B. Western, Inc. for
date of July 22, 2010 before Judge Anna J. Brown, Court Reporter
Amanda M. LeGore, telephone number 503-326-8184. Transcript may be
viewed at Court's public terminal or purchased from the Court
Reporter/Transcriber before the deadline for Release of Transcript
Restriction. Afterwards it may be obtained through PACER-See Policy at
ord.uscourts.gov. Notice of Intent to Redact Transcript is due by
8/19/2010. Redaction Request due 9/2/2010. Redacted Transcript
Deadline set for 9/13/2010. Release of Transcript Restriction set for
11/11/2010. (LeGore, Amanda) (Entered: 08/09/2010)

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 88  Response to Defendant's Subpoena Duces Tecum filed by Stahancyk,


Kent & Hook PC as to Dennis Beetham, D.B. Western, Inc. (schm)
(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 90  Memorandum in Support of Movant's Motion to Quash Subpoena Duces


Tecum to Movant and for Protective Order 89 by Stahancyk, Kent &
Hook PC as to Dennis Beetham, D.B. Western, Inc. filed by Stahancyk,
Kent & Hook PC (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 93  Memorandum in Support of Motion to Quash 92 by Kathy Woeck as to


Dennis Beetham, D.B. Western, Inc. filed by Kathy Woeck (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)

08/13/2010 97  Memorandum in Support of Motion to Quash Subpoena 95 and Motion


for Protective Order 96 by Ball Janik LLP as to Dennis Beetham, D.B.
Western, Inc. (schm) (Entered: 08/16/2010)

08/16/2010 98  Declaration by of Peter Ehrlichman regarding Motion to Quash 87 filed


by Dorsey and Whitney LLP (Ehrlichman, Peter) (Entered: 08/16/2010)
08/19/2010 99  Unopposed Motion to Dismiss Indictment filed by USA as to Defendant
Dennis Beetham, D.B. Western, Inc.. (Kerin, Michelle) (Entered:
08/19/2010)

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)

08/26/2010 101  ORDER Granting 99 Motion to Dismiss Indictment as to D.B. Western,


Inc, (1), Dennis Beetham, (2) by Judge Anna J. Brown signed on 8/25/10.
(schm) (Entered: 08/30/2010)

09/17/2010 102  OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status


Conference as to Defendant Dennis Beetham, D.B. Western, Inc. for date
of August 6, 2010 before Judge Anna J. Brown, Court Reporter Amanda
M. LeGore, telephone number 503-326-8184. Transcript may be viewed
at Court's public terminal or purchased from the Court
Reporter/Transcriber before the deadline for Release of Transcript
Restriction. Afterwards it may be obtained through PACER-See Policy at
ord.uscourts.gov. Notice of Intent to Redact Transcript is due by
9/27/2010. Redaction Request due 10/12/2010. Redacted Transcript
Deadline set for 10/21/2010. Release of Transcript Restriction set for
12/20/2010. (LeGore, Amanda) (Entered: 09/17/2010)

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