APPEAL, BOND, PROTO

U.S. District Court United States District Court for the Western District of Washington (Tacoma) CRIMINAL DOCKET FOR CASE #: 3:05−cr−05828−FDB−5
Case title: USA v. Tubbs Date Filed: 11/23/2005 Date Terminated: 06/20/2008

Assigned to: Judge Franklin D. Burgess Appeals court case numbers: '08−30114' 'CCA', '08−30222' 'cca' Defendant (5) Briana Waters TERMINATED: 06/20/2008 represented by Robert Jay Bloom ROBERT BLOOM, ATTORNEY AT LAW 3355 RICHMOND BLVD OAKLAND , CA 94611 510−595−7766 Email: BBLOOM222@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Neil Martin Fox LAW OFFICE OF NEIL FOX 2003 WESTERN AVENUE STE 330 SEATTLE , WA 98121 206−728−5440 Email: nf@neilfoxlaw.com ATTORNEY TO BE NOTICED Designation: CJA Appointment Pending Counts Conspiracy 18:371 (1) Conspiracy 18:371 (1s) Conspiracy 18:371 (1ss) Possession of an Unregistered Firearm 26:5841 &5861(d) &18:2 (4s) Possessing an Unregistered Firearm 26:5841 &5861(d) &18:2 (4ss) Arson 18:844(i) &2 (5) Arson 18:844(i) &2 (5s) 18:844(i) &2 Arson of a Building in Interstate Commerce or in Activity Affecting Interstate Commerce 18:844(i) &2 (5ss) Disposition Dismissed Dismissed Dismissed Dismissed

Dismissed Dismissed Dismissed 72 Months Incarceration, 3 Years Supervised Release with Standard and Special conditions, $200.00 Special Assessment, No Fine, $6,092,649.95 Restitution −Joint and Several with Lacey Phillabaum and Jennifer Kolar Dismissed

Using a Destructive Device During a Crime of Violence 18:924(c)(1)(A) &(c)(1)(B)(ii) &2 (6) Using a Destructive Device During a Crime of Violence 18:924(c)(1)(A) &(c)(1)(B)(ii) &2 (6s) Using a Destructive Device During a Crime of Violence 18:924(c)(1)(A) &(c)(1)(B)(ii) &2 (6ss) Arson of a Building Belonging to an Institution Receiving Federal Financial Assistance 18:844(f) &2 (7ss) Highest Offense Level (Opening) Felony Terminated Counts None Highest Offense Level (Terminated) None Complaints None Disposition Disposition Dismissed

Dismissed 72 Months Incarceration, 3 Years Supervised Release with Standard and Special conditions, $200.00 Special Assessment, No Fine, $6,092,649.95 Restitution −Joint and Several with Lacey Phillabaum and Jennifer Kolar

Plaintiff USA represented by Andrew C Friedman US ATTORNEY'S OFFICE (SEA) 700 STEWART ST STE 5220 SEATTLE , WA 98101−1271 206−553−7970 Email: Andrew.Friedman@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark N. Bartlett DAVIS WRIGHT TREMAINE (SEA) 1201 THIRD AVENUE SUITE 2200 SEATTLE , WA 98101−3045 206−622−3150 Email: MarkBartlett@dwt.com ATTORNEY TO BE NOTICED Date Filed 05/11/2006 # Docket Text

11 SECOND SUPERSEDING INDICTMENT as to Kevin Tubbs (1) count(s) 1ss, 2ss, Josephine S. Overaker (3) count(s) 1, 2, Justin Solondz (4) count(s) 1, 3, 4, 5, 6, Briana Waters (5) count(s) 1, 5, 6. (JK, ) Modified on 5/12/2006 (JK, ). (Entered: 05/12/2006)

05/11/2006 05/11/2006

12 SEALED Signature Page to 11 Indictment as to Kevin Tubbs, Josephine S. Overaker, Justin Solondz, Briana Waters. (JK, ) (Entered: 05/12/2006) 16 ORDER CONTINUING CONDITIONS OF RELEASE SECOND SUPERSEDING INDICTMENT as to Briana Waters by Judge Mary Alice Theiler. (JK, ) (Entered: 05/12/2006) 19 NOTICE OF ATTORNEY APPEARANCE Mark N. Bartlett appearing for USA. (Bartlett, Mark) (Entered: 05/19/2006) 21 NOTICE OF ATTORNEY APPEARANCE: Neil Martin Fox appearing for Briana Waters Local Counsel (Fox, Neil) (Entered: 05/31/2006) 22 MOTION to Modify Conditions of Release by Briana Waters. Noting Date 6/2/2006.(Fox, Neil) (Entered: 05/31/2006) 24 NOTICE by Briana Waters, that the following is RE−NOTED: 22 MOTION to Modify Conditions of Release; Noting Date 6/9/2006. (Fox, Neil) (Entered: 06/02/2006) 26 RESPONSE, by USA as to Briana Waters, to 22 MOTION to Modify Conditions of Release. (Friedman, Andrew) (Entered: 06/07/2006) 27 NOTICE OF HEARING as to Briana Waters (cc: USPO, PTS, USMO) Arraignment and Bond Modification Hearing set for 6/22/2006 at 02:30 PM in F Courtroom before Hon. Karen L Strombom. (TW, ) (Entered: 06/15/2006) 28 ORDER APPOINTING CO−COUNSEL Neil Martin Fox under 18:3006A as to Briana Waters by Judge Karen L Strombom. (TW, ) (Entered: 06/22/2006) 29 Minute Entry for proceedings held before Judge Karen L Strombom − CRD: Traci Whiteley; AUSA: Andrew Friedman; Def Cnsl: Neil Fox; PTS: Kelly Neumeister; Time of Hearing: 2:30pm; Courtroom: F; Session #: 06222006TF; ARRAIGNMENT and BOND MODIFICATION HEARING as to Briana Waters (5) Count 1,5,6 held on 6/22/2006. Defendant advised of rights, charges and penalties. Defendant pleads NOT GUILTY to all charges. Defense Counsel requests discovery pursuant to Local Rule. Court hears argument on motion to modify bond. Bond modified for Briana Waters (5) as follows: PR w/ PTS supervision, standard &special conditions including passport/travel document condition, firearms/dangerous weapons condition, clear all outstanding warrants, and report to PTS in Oakland CA no less than 2 times per month. Atty Neil Fox asks the Court to waive the pro hac vice fee for Mr. Bloom as it was paid in the Seattle case. Mr. Fox advised to file a written motion. Court directs the clerk to enter a minute order clarifying that the CJA appointment order on Mr. Fox was for attorney fees only. Motions due by 7/13/2006; Jury Trial is set for 8/28/2006 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (TW, ) (Entered: 06/22/2006) 30 Appearance Bond Entered as to Briana Waters (5) PR w/ PTS supervision, standard &special conditions. (cc: PTS/USPO/USMO) (TW, ) (Entered: 06/23/2006) 31 MINUTE ORDER as to Briana Waters: The Order appointing Neil Fox under 18 USC Sect 3006A for defendant Brian Waters, signed by Magistrate Judge Karen L. Strombom on June 22, 2005 28 , is for payment of attorney fees only. Any other requests for reimbursement of additional fees or costs are to be submitted to the Court by separate motion. By Traci Whiteley, Deputy Clerk, at the direction of Magistrate Judge Karen L Strombom. (cc: USPO, CJA) (TW, ) (Entered: 06/23/2006) 32 STIPULATED MOTION to Continue Trial by USA as to Briana Waters. Noting Date 6/30/2006. (Attachments: # 1 Proposed Order Continuing Trial)(Friedman, Andrew) (Entered: 06/23/2006) 33 WAIVER of Speedy Trial by Briana Waters (Attachments: # 1 Certificate of Service)(Friedman, Andrew) (Entered: 06/30/2006) 34 ORDER CONTINUING TRIAL DATE 32 STIPULATED MOTION to Continue Trial as to Briana Waters; by Judge Franklin D. Burgess. (cc: PTS/USPO, USMO) Jury Trial is set for 5/7/2007 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. Motions due by 2/16/2007; (RM, ) (Entered: 07/06/2006)

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35 MINUTE ORDER Setting Pretrial Date and Deadlines as to Briana Waters (cc: USPO) Exhibit List due by 4/19/2007. Witness List due by 4/19/2007. Voir dire/jury instructions/trial briefs due by 4/19/2007. Pretrial Conference set for 4/27/2007 at 02:30 PM in C Courtroom before Hon. Franklin D. Burgess. (RM, ) (Entered: 07/06/2006) 36 AMENDED MINUTE ORDER Setting Pretrial Date and Deadlines as to Briana Waters (cc: USPO) Exhibit List due by 4/19/2007. Witness List due by 4/19/2007. Voir dire/jury instructions/trial briefs due by 4/19/2007. Pretrial Conference set for 4/27/2007 at 02:30 PM in C Courtroom before Hon. Franklin D. Burgess. (RM, ) (Entered: 07/06/2006) NOTICE Standard Jury Instructions sent to Counsel in paper form only. (EWT, ) (Entered: 07/06/2006) 39 STIPULATED MOTION for Protective Order by USA as to Briana Waters. (Attachments: # 1 Proposed Order)(Bartlett, Mark) (Entered: 09/08/2006) 40 PROTECTIVE ORDER as to Briana Waters 39 STIPULATED MOTION for Protective Order filed by USA, by Judge Franklin D. Burgess. (RM, ) (Entered: 09/12/2006) 41 THIRD SUPERSEDING INDICTMENT as to Kevin Tubbs (1) count(s) 1sss, 2sss, Josephine S. Overaker (3) count(s) 1s, 2s, Justin Solondz (4) count(s) 1s, 3s, 5s, 6s, Briana Waters (5) count(s) 1s, 4s, 5s, 6s, Joseph M. Dibee (6) count(s) 1, 7, 8. (Attachments: # 1 Status Sheet) (JK, ) (Entered: 09/29/2006) 42 SEALED Signature Page to 41 Indictment, as to Kevin Tubbs, Josephine S. Overaker, Justin Solondz, Briana Waters, Joseph M. Dibee. (JK, ) (Entered: 09/29/2006) 47 ORDER CONTINUING CONDITIONS OF RELEASE as to Briana Waters by Judge Monica J. Benton. (JK, ) (Entered: 09/29/2006) 51 MOTION for Disclosure of Surveillance Materials and to Set Briefing Schedule by Briana Waters. Noting Date 10/20/2006.(Fox, Neil) (Entered: 10/12/2006) 52 MEMORANDUM by Briana Waters re 51 MOTION for Disclosure of Surveillance Materials and to Set Briefing Schedule filed by Briana Waters, Preliminary (Fox, Neil) (Entered: 10/12/2006) 53 PROPOSED ORDER (Unsigned) re 51 MOTION for Disclosure of Surveillance Materials and to Set Briefing Schedule (Fox, Neil) (Entered: 10/12/2006) 54 RESPONSE, by USA as to Briana Waters, to 51 MOTION for Disclosure of Surveillance Materials and to Set Briefing Schedule. (Attachments: # 1 Proposed Order Setting Briefing Schedule)(Friedman, Andrew) (Entered: 10/19/2006) 55 ORDER Setting Briefing Schedule as to Briana Waters, by Judge Franklin D. Burgess 51 MOTION for Disclosure of Surveillance Materials and to Set Briefing Schedule Opening brief due by 11/3/2006. Government's response due by 12/1/2006. Reply brief due by 12/15/2006. (RM, ) (Entered: 10/27/2006) Briefing schedule deadlines NOTED on motion calendar 51 MOTION for Disclosure of Surveillance Materials Noting Date 12/15/2006. (RM, ) (Entered: 10/27/2006) 56 MEMORANDUM in Support of Production of Surveillance Data and Material by Briana Waters re 51 Motion for Disclosure filed by Briana Waters, (Attachments: # 1 Exhibit 1−5# 2 Exhibit 6−11# 3 Exhibit 12−17# 4 Exhibit 18−29# 5 Exhibit 30−42# 6 Exhibit 43−50)(Fox, Neil) (Entered: 11/03/2006) 57 Praecipe for Issuance of Subpoena by Briana Waters (clerk issued in Seattle) (CAR, ) (Entered: 11/08/2006) 58 Praecipe for Issuance of Subpoenas by Briana Waters (iss'd in Seattle) (CAR, ) (Entered: 11/15/2006) 59 MOTION to set status conference by Briana Waters. Noting Date 12/1/2006. (Attachments: # 1 Proposed Order for a status conference)(Fox, Neil) (Entered: 11/22/2006)

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60 RESPONSE, by USA as to Briana Waters, to 59 MOTION to set status conference. (Friedman, Andrew) (Entered: 12/01/2006) 61 MOTION to Seal Document and File Overlength Brief by USA as to Briana Waters. Noting Date 12/8/2006. (Attachments: # 1 Proposed Order to Seal Response and File Overlength Brief)(Friedman, Andrew) (Entered: 12/01/2006) 62 SEALED DOCUMENT Government's Response to Defendant's Motion for Production of Surveillance Data and Materials re 61 MOTION to Seal Document and File Overlength Brief (Friedman, Andrew) (Entered: 12/01/2006) 63 ORDER denying 59 Motion Status Conference Re Discovery as to Briana Waters (5) by Judge Franklin D. Burgess. (BWM) (Entered: 12/05/2006) 64 MINUTE ORDER Granting 61 Motion to Seal Document as to Briana Waters (5) (RM, ) (Entered: 12/05/2006) 65 APPLICATION AND ORDER as to Briana Waters admitting Robert Jay Bloom pro hac vice Receipt #: T−1303 (CAR, ) (Entered: 12/08/2006) 66 REPLY, by Briana Waters, TO RESPONSE to 51 MOTION for Disclosure of Surveillance Materials and to Set Briefing Schedule (Attachments: # 1 Exhibit 51−56# 2 Exhibit 57−58# 3 Proposed Order)(Fox, Neil) (Entered: 12/14/2006) 67 NOTICE of Unavailability of attorney Neil Martin Fox from 12/18/06 to 12/26/06 (Fox, Neil) (Entered: 12/18/2006) 68 SURREPLY by USA as to Briana Waters re 51 MOTION for Disclosure of Surveillance Materials and to Set Briefing Schedule filed by Briana Waters, Supplemental Filing (Friedman, Andrew) (Entered: 12/18/2006) 69 ORDER Denying 51 MOTION for Disclosure of Surveillance Materials as to Briana Waters, by Judge Franklin D. Burgess. (RM, ) (Entered: 12/20/2006) 70 MOTION for Reconsideration re 69 Order Denying Motion for Production of Surveillance Data and Material by Briana Waters. Noting Date 12/29/2006.(Fox, Neil) (Entered: 12/26/2006) 71 ORDER denying 70 Motion for Reconsideration as to Briana Waters (5) by Judge Franklin D. Burgess. (BWM, ) (Entered: 01/04/2007) 72 Praecipe for issuance of 2 subpoenas by Briana Waters (iss'd &returned to cnsl) (CMG, ) Modified on 2/12/2007: image corrected (CMG, ). (Entered: 02/09/2007) 73 NOTICE of Corrected Image/Document as to defendant Briana Waters re 72 Praecipe−Misc. (Service of corrected image is attached). (CMG, ) (Entered: 02/12/2007) 74 STIPULATION AND PROPOSED ORDER (Protective) by parties (Attachments: # 1 Proposed Order (Protective))(Friedman, Andrew) (Entered: 02/15/2007) 75 Agreed MOTION to Continue Motions Deadline by Briana Waters. Noting Date 2/15/2007. (Attachments: # 1Proposed Order)(Fox, Neil) Modified/Described Attachment on 2/16/2007 (ECS, ). (Entered: 02/15/2007) 76 MOTION to Reassign Case to Seattle by Briana Waters. Noting Date 3/2/2007. (Attachments: # 1 Proposed Order)(Fox, Neil) (Entered: 02/16/2007) 78 ORDER Granting 75 Agreed MOTION to Continue Motions Deadline as to Briana Waters; by Judge Franklin D. Burgess. Motions due by 3/2/2007; Responses due by 3/22/2007 (RM, ) (Entered: 02/21/2007) 77 ORDER as to Briana Waters re 74 Stipulation for Protective Order by Judge Franklin D. Burgess. (BWM) (Entered: 02/20/2007) 79 MOTION To Defer Consideration of Motions Until Court Determines Venue Motion by Briana Waters. Noting Date 3/16/2007.(Fox, Neil) (Entered: 03/01/2007) 80 AMENDMENT to 79 MOTION To Defer Consideration of Motions Until Court Determines Venue Motion by Briana Waters. (Fox, Neil) (Entered: 03/01/2007)

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81 MOTION to Dismiss Count(s) by Briana Waters. Noting Date 3/30/2007.Oral Argument Requested. (Attachments: # 1 Proposed Order)(Fox, Neil) (Entered: 03/02/2007) 82 MOTION to Dismiss Count(s) 6 Due to Cruel and Unusual Punishment by Briana Waters. Noting Date 3/30/2007.Oral Argument Requested. (Attachments: # 1 Proposed Order)(Fox, Neil) (Entered: 03/02/2007) 83 MOTION for Discovery Unrestricted Access to Computer Evidence by Briana Waters. Noting Date 3/30/2007.Oral Argument Requested. (Attachments: # 1 Proposed Order)(Fox, Neil) (Entered: 03/02/2007) 84 MOTION Preliminary Conspiracy Motions by Briana Waters. Noting Date 3/30/2007.Oral Argument Requested. (Attachments: # 1 Exhibit 1# 2 Proposed Order)(Fox, Neil) (Entered: 03/02/2007) 85 MOTION Suppression, Dismissal and Discovery Re: Grand Jury Abuse by Briana Waters. Noting Date 3/30/2007.Oral Argument Requested. (Attachments: # 1 Exhibit 1−6# 2 Proposed Order)(Fox, Neil) (Entered: 03/02/2007) 86 MOTION to Dismiss Count(s) 1 Because of Duplicity by Briana Waters. Noting Date 3/30/2007.Oral Argument Requested. (Attachments: # 1 Exhibit 1# 2 Proposed Order)(Fox, Neil) (Entered: 03/02/2007) 87 MOTION To Bar Unreliable Testimony by Briana Waters. Noting Date 3/30/2007.Oral Argument Requested. (Attachments: # 1 Proposed Order)(Fox, Neil) (Entered: 03/02/2007) 88 MOTION to Dismiss Count(s) 1 For Violation of Statute of Limitations by Briana Waters. Noting Date 3/30/2007.Oral Argument Requested. (Attachments: # 1 Proposed Order)(Fox, Neil) (Entered: 03/02/2007) 89 MOTION To Declare 28 USC 1865 Unconstitutional and to Dismiss the Indictment by Briana Waters. Noting Date 3/30/2007.Oral Argument Requested. (Attachments: # 1 Exhibit # 2 Proposed Order)(Fox, Neil) (Entered: 03/02/2007) 90 MOTION to Dismiss Count(s) 5 &6 Violation of Commerce Clause and Tenth Amendment by Briana Waters. Noting Date 3/30/2007.Oral Argument Requested. (Attachments: # 1 Exhibit # 2 Proposed Order)(Fox, Neil) (Entered: 03/02/2007) 91 RESPONSE, by USA as to Briana Waters, to 76 MOTION to Reassign Case to Seattle. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(Friedman, Andrew) (Entered: 03/06/2007) 92 REPLY, by Briana Waters, TO RESPONSE to 76 MOTION to Reassign Case to Seattle (Fox, Neil) (Entered: 03/07/2007) 93 ORDER Denying 76 Motion to Reassign Case &Granting 79 Motion to Defer Consideration of Other Motions; by Judge Franklin D. Burgess.(RM, ) (Entered: 03/08/2007) 94 STIPULATED MOTION to Continue Trial by USA as to Briana Waters. Noting Date 3/23/2007. (Attachments: # 1 Proposed Order Continuing Trial)(Friedman, Andrew) (Entered: 03/15/2007) 95 WAIVER of Speedy Trial by Briana Waters (Fox, Neil) (Entered: 03/15/2007) Set Hearings as to Briana Waters: Settlement Conference set for 3/21/2007 at 1:00 PM before Hon. Ricardo S. Martinez in Seattle. (LW) (Entered: 03/16/2007) ***Note as to defendant Briana Waters: 3/21/07 Settlement conference is STRICKEN at request of defense counsel. Counsel to confer and contact Judge Martinez's courtroom clerks to reschedule. (LC, ) (Entered: 03/19/2007) 96 ORDER CONTINUING TRIAL DATE as to Briana Waters; by Judge Franklin D. Burgess 94 STIPULATED MOTION to Continue Trial filed by USA (cc: PTS/USPO, USMO) Jury Trial is set for 9/17/2007 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (RM, ) (Entered: 03/21/2007)

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Set/Reset Deadlines as to Briana Waters: Pursuant to Order #96, Governments responses to pending motions due no later than 4/27/2007. Defense replies due no later than 5/11/2007. (RM, ) (Entered: 03/21/2007) 97 MINUTE ORDER Setting Pretrial Dates and Deadlines as to Briana Waters (cc: USPO) Exhibit List due by 8/30/2007. Witness List due by 8/30/2007. Voir dire/jury instructions/trial briefs due by 8/30/2007. Pretrial Conference set for 9/7/2007 at 02:30 PM in C Courtroom before Hon. Franklin D. Burgess. (RM, ) (Entered: 03/21/2007) 98 NOTICE/ORDER from CCA re Briana Waters; mtn to file the petition for a writ of mandamus #07−70152 under seal is granted; petitioner has not demonstated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus; accordingly, the petition is denied; all other pending mtns are denied as moot (MW, ) (Entered: 03/22/2007) Reset Hearings as to Briana Waters: Settlement Conference reset for 5/2/2007 at 1:00 PM before Hon. Ricardo S. Martinez. (LW) (Entered: 04/05/2007) 99 EXHIBIT Transcript from US v. Rodgers by Briana Waters re 83 MOTION for Discovery Unrestricted Access to Computer Evidence (Fox, Neil) (Entered: 04/16/2007) 100 RESPONSE, by USA as to Briana Waters, to 81 MOTION to Dismiss Count(s). (Friedman, Andrew) (Entered: 04/19/2007) 101 RESPONSE, by USA as to Briana Waters, to 82 MOTION to Dismiss Count(s) 6 Due to Cruel and Unusual Punishment. (Friedman, Andrew) (Entered: 04/19/2007) 102 RESPONSE, by USA as to Briana Waters, to 88 MOTION to Dismiss Count(s) 1 For Violation of Statute of Limitations. (Friedman, Andrew) (Entered: 04/24/2007) 103 RESPONSE, by USA as to Briana Waters, to 83 MOTION for Discovery Unrestricted Access to Computer Evidence. (Attachments: # 1 Exhibit 1)(Friedman, Andrew) (Entered: 04/24/2007) 104 RESPONSE, by USA as to Briana Waters, to 89 MOTION To Declare 28 USC 1865 Unconstitutional and to Dismiss the Indictment. (Friedman, Andrew) (Entered: 04/24/2007) 105 MOTION to Seal Document Government's Response to Waters' Motion to Bar Testimony of Jennifer Kolar and Lacey Phillabaum by USA as to Briana Waters. Noting Date 5/4/2007. (Attachments: # 1 Proposed Order to Seal)(Friedman, Andrew) (Entered: 04/25/2007) 106 SEALED DOCUMENT Government's Response to Defendant's Motion to Bar Testimony of Jennifer Kolar and Lacey Phillabaum by USA as to Briana Waters re 87 MOTION To Bar Unreliable Testimony (Friedman, Andrew) (Entered: 04/25/2007) 107 ORDER Granting 105 Motion to Seal Document; as to Briana Waters (5) by Judge Franklin D. Burgess.(RM, ) (Entered: 04/26/2007) 108 RESPONSE, by USA as to Briana Waters, to 90 MOTION to Dismiss Count(s) 5 &6 Violation of Commerce Clause and Tenth Amendment. (Friedman, Andrew) (Entered: 04/27/2007) 109 MOTION to Seal Document Government's Response to Defendant's "Preliminary Conspiracy Motion" by USA as to Briana Waters. Noting Date 5/4/2007. (Attachments: # 1 Proposed Order to Seal)(Friedman, Andrew) (Entered: 04/27/2007) 110 SEALED DOCUMENT Government's Response to Defendant's "Preliminary Conspiracy Motion" by USA as to Briana Waters re 109 MOTION to Seal Document Government's Response to Defendant's "Preliminary Conspiracy Motion" (Friedman, Andrew) (Entered: 04/27/2007) 111 RESPONSE, by USA as to Briana Waters, to 86 MOTION to Dismiss Count(s) 1 Because of Duplicity. (Attachments: # 1 Attachment A)(Bartlett, Mark) (Entered: 04/27/2007)

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112 MOTION to Seal Document Government's Response to Defendant's Motion for Suppression of Evidence, Dismissal of the Indictment, and Discovery of Grand Jury Material by USA as to Briana Waters. Noting Date 5/4/2007. (Attachments: # 1 Proposed Order to Seal)(Friedman, Andrew) (Entered: 04/27/2007) 113 SEALED DOCUMENT Government's Response to Defendant's Motion for Suppression of Evidence, Dismissal of the Indictment, and Discovery of Grand Jury Material by USA as to Briana Waters re 112 MOTION to Seal Document Government's Response to Defendant's Motion for Suppression of Evidence, Dismissal of the Indictment, and Discovery of Grand Jury Material (Attachments: # 1 Affidavit)(Friedman, Andrew) (Entered: 04/27/2007) 114 ORDER Granting 109 Motion to Seal Document; as to Briana Waters (5) by Judge Franklin D. Burgess.(RM, ) (Entered: 04/30/2007) 115 ORDER Granting 112 Motion to Seal Document; as to Briana Waters (5) by Judge Franklin D. Burgess.(RM, ) (Entered: 04/30/2007) 116 Minute Entry for proceedings held before Judge Ricardo S. Martinez − SETTLEMENT CONFERENCE as to Briana Waters held on 5/2/2007. (LW) (Entered: 05/02/2007) 117 Agreed MOTION to Continue Deadline for Filing Reply Briefs by Briana Waters. Noting Date 5/8/2007. (Attachments: # 1 Proposed Order)(Fox, Neil) (Entered: 05/08/2007) 118 ORDER Granting 117 Agreed MOTION to Continue Deadline for Filing Reply Briefs as to Briana Waters; by Judge Franklin D. Burgess. Replies due by 5/25/2007. (RM, ) (Entered: 05/10/2007) 119 MOTION to Seal Document by Briana Waters. Noting Date 5/25/2007. (Attachments: # 1 Proposed Order)(Fox, Neil) (Entered: 05/24/2007) 120 SEALED DOCUMENT Exhibits by Briana Waters re 119 MOTION to Seal Document (Fox, Neil) (Entered: 05/24/2007) 121 REPLY, by Briana Waters, TO RESPONSE to 89 MOTION To Declare 28 USC 1865 Unconstitutional and to Dismiss the Indictment (Fox, Neil) (Entered: 05/24/2007) 122 REPLY, by Briana Waters, TO RESPONSE to 83 MOTION for Discovery Unrestricted Access to Computer Evidence (Fox, Neil) (Entered: 05/24/2007) 123 REPLY, by Briana Waters, TO RESPONSE to 86 MOTION to Dismiss Count(s) 1 Because of Duplicity (Attachments: # 1 Exhibit Exhibit 2 Gov't Sentencing Memo Eugene)(Fox, Neil) (Entered: 05/24/2007) 124 REPLY, by Briana Waters, TO RESPONSE to 90 MOTION to Dismiss Count(s) 5 &6 Violation of Commerce Clause and Tenth Amendment (Fox, Neil) (Entered: 05/24/2007) 125 REPLY, by Briana Waters, TO RESPONSE to 81 MOTION to Dismiss Count(s) (Fox, Neil) (Entered: 05/25/2007) 126 REPLY, by Briana Waters, TO RESPONSE to 84 MOTION Preliminary Conspiracy Motions (Fox, Neil) (Entered: 05/25/2007) 127 REPLY, by Briana Waters, TO RESPONSE to 85 MOTION Suppression, Dismissal and Discovery Re: Grand Jury Abuse (Attachments: # 1 Exhibit Ex. 7 Watson VRP 9.02.04# 2 Exhibit No. 8 Watson Defense Sentencing Memo# 3 Exhibit No. 9 Watson Gov't Sentencing Memo# 4 Exhibit No. 10 Watson VRP 8.30.04# 5 Exhibit Nos.11−16 Subpoenas# 6 Exhibit No. 17 Watson VRP 9.10.03# 7 Exhibit No. 18 Watson VRP 10.23.03)(Fox, Neil) (Entered: 05/25/2007) 128 REPLY, by Briana Waters, TO RESPONSE to 82 MOTION to Dismiss Count(s) 6 Due to Cruel and Unusual Punishment (Fox, Neil) (Entered: 05/25/2007) 129 ORDER Granting 119 Motion to Seal Document; as to Briana Waters (5) by Judge Franklin D. Burgess.(RM, ) (Entered: 05/25/2007)

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130 DECLARATION of Neil Fox, Local Rule 16 by Briana Waters re 83 MOTION for Discovery Unrestricted Access to Computer Evidence filed by Briana Waters (Fox, Neil) (Entered: 05/30/2007) 131 PRAECIPE FOR A SUBPOENA by Briana Waters (issued and returned to counsel) (CMG, ) (Entered: 06/06/2007) 132 MOTION to Seal Document by USA as to Briana Waters. (Attachments: # 1 Proposed Order)(Friedman, Andrew) (Entered: 06/12/2007) 133 SEALED DOCUMENT Government's Supplemental Filing Concerning Defendant's Motion for Suppression of Evidence, Dismissal of the Indictment, and Discovery of Grand Jury Materials (Docket No. 85) by USA as to Briana Waters re 132 MOTION to Seal Document (Attachments: # 1 Exhibit 1)(Friedman, Andrew) (Entered: 06/12/2007) 134 SUPPLEMENT Supplemental Reply Brief by Briana Waters re 85 MOTION Suppression, Dismissal and Discovery Re: Grand Jury Abuse (Attachments: # 1 Exhibit 19 Watson Docket# 2 Exhibit Ex. 20 McIntosh Transcript# 3 Proposed Order)(Fox, Neil) (Entered: 06/13/2007) 135 MINUTE ORDER Granting 132 Motion to Seal Document; as to Briana Waters (5) (RM, ) (Entered: 06/13/2007) 136 CJA 20 as to Briana Waters: Appointment of Attorney Robert Bloom signed by Judge Franklin D. Burgess. (RM, ) (Entered: 06/14/2007) 139 PRAECIPE FOR A SUBPOENA − issd (DK, ) (Entered: 07/25/2007) 140 NOTICE of Unavailability of attorney Neil Martin Fox from August 27, 2007 to August 31, 2007 (Fox, Neil) (Entered: 07/26/2007) 141 FOURTH SUPERSEDING INDICTMENT as to Kevin Tubbs (1) count(s) 1ssss, 2ssss, Josephine S. Overaker (3) count(s) 1ss, 2ss, Justin Solondz (4) count(s) 1ss, 3ss, 5ss, 6ss, 7ss, Briana Waters (5) count(s) 1ss, 4ss, 5ss, 6ss, 7ss, Joseph M. Dibee (6) count(s) 1s, 8s, 9s. (Attachments: # 1 Status Sheet) (JK, ) (Entered: 08/01/2007) 142 SEALED Signature Page to 141 Indictment, as to Kevin Tubbs, Josephine S. Overaker, Justin Solondz, Briana Waters, Joseph M. Dibee. (JK, ) (Entered: 08/01/2007) 147 ORDER CONTINUING CONDITIONS OF RELEASE 4th SUPERSEDING INDICTMENT as to Briana Waters by Judge Monica J. Benton. cc: USMO; (JK, ) (Entered: 08/01/2007) 151 MOTION to Dismiss Defendant Compel Particular Discovery, Conduct Evidentiary Hearing, and/or Bar One or More Witnesses by Briana Waters. Noting Date 8/17/2007.Oral Argument Requested. (Attachments: # 1 Proposed Order)(Fox, Neil) (Entered: 08/03/2007) 152 MOTION to Seal Document by Briana Waters. Noting Date 8/17/2007. (Attachments: # 1 Proposed Order)(Fox, Neil) (Entered: 08/03/2007) 153 SEALED DOCUMENT Certification and Supporting Documents by Briana Waters re 152 MOTION to Seal Document (Attachments: # 1 Exhibit Part 1 pp 1−55# 2 Exhibit Certification of Neil Fox Part 2 pp 56−97# 3 Exhibit Certification of Neil Fox Part 3 pp 98−157)(Fox, Neil) (Entered: 08/03/2007) 159 PRAECIPE FOR (8) SUBPOENAS by Briana Waters (DF, ) Modified on 8/9/2007 −issued on 8/3/07 in Seattle (PL, ). (Entered: 08/08/2007) 158 ORDER granting 152 Motion to Seal Document (153); as to Briana Waters (5) Signed by Judge Franklin D. Burgess.(PL, ) (Entered: 08/07/2007) 160 STIPULATION Extending United States' Time to Respond to Motion to Dismiss by parties re 151 MOTION to Dismiss Defendant Compel Particular Discovery, Conduct Evidentiary Hearing, and/or Bar One or More Witnesses filed by Briana Waters (Friedman, Andrew) (Entered: 08/09/2007)

06/05/2007 06/12/2007 06/12/2007

06/13/2007

06/13/2007 06/14/2007 07/19/2007 07/26/2007 07/31/2007

07/31/2007

07/31/2007

08/03/2007

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08/03/2007 08/06/2007 08/09/2007

08/09/2007

161 Objection re Juror Qualification by Briana Waters re 147 Order Continuing Release/Detention, 89 MOTION To Declare 28 USC 1865 Unconstitutional and to Dismiss the Indictment filed by Briana Waters (Fox, Neil) (Entered: 08/09/2007) 162 NOTICE by Briana Waters, that the following is RE−NOTED: 151 MOTION to Dismiss Defendant Compel Particular Discovery, Conduct Evidentiary Hearing, and/or Bar One or More Witnesses ; Noting Date 8/24/2007. (Fox, Neil) (Entered: 08/09/2007) 163 MOTION to Continue Trial by Briana Waters. Noting Date 8/17/2007. (Attachments: # 1 Exhibit Declaration of Robert Bloom# 2 Proposed Order)(Fox, Neil) (Entered: 08/09/2007) 164 WAIVER of Speedy Trial by Briana Waters (Fox, Neil) (Entered: 08/09/2007) 165 MOTION to Seal Document re Declaration of J. Anthony Torres by USA as to Briana Waters. Noting Date 8/17/2007. (Attachments: # 1 Proposed Order To Seal)(Friedman, Andrew) (Entered: 08/09/2007) 166 SEALED DOCUMENT Declaration of J. Anthony Torres by USA as to Briana Waters re 165 MOTION to Seal Document re Declaration of J. Anthony Torres (Friedman, Andrew) (Entered: 08/09/2007) 167 MOTION Production of saliva sample re 166 Sealed Document Declaration of J. Anthony Torres by USA as to Briana Waters. Noting Date 8/24/2007. (Attachments: # 1 Proposed Order to Provide Saliva Sample)(Friedman, Andrew) (Entered: 08/10/2007) 169 RESPONSE, by USA as to Briana Waters, to 163 MOTION to Continue Trial. Oral Argument Requested. (Friedman, Andrew) (Entered: 08/10/2007) 170 MOTION Limit Count 6 of the Fourth Superseding Indictment to Arson of a Building Used in Interstate Commerce by Briana Waters. Noting Date 8/24/2007.Oral Argument Requested. (Attachments: # 1 Proposed Order)(Fox, Neil) (Entered: 08/10/2007) 171 MOTION to Dismiss Count(s) 7 of the Fourth Superseding Indictment by Briana Waters. Noting Date 8/24/2007.Oral Argument Requested. (Attachments: # 1 Proposed Order)(Fox, Neil) (Entered: 08/11/2007) 172 REPLY, by Briana Waters, TO RESPONSE to 163 MOTION to Continue Trial (Fox, Neil) (Entered: 08/13/2007) 173 MOTION Motion to Order The United States Marshals to Serve Subpoenas on FBI Agents by Briana Waters. Noting Date 8/24/2007. (Attachments: # 1 Exhibit # 2 Proposed Order)(Fox, Neil) (Entered: 08/14/2007) 188 PRAECIPE FOR A SUBPOENA by Briana Waters (iss'd in Seattle) (CMG, ) (Entered: 08/20/2007) 174 MOTION for Discovery by Briana Waters. Noting Date 8/24/2007. (Attachments: # 1 Proposed Order # 2 Exhibit Certification of Neil Fox and Attachments)(Fox, Neil) (Entered: 08/15/2007) 175 MEMORANDUM by Briana Waters re 173 MOTION Motion to Order The United States Marshals to Serve Subpoenas on FBI Agents filed by Briana Waters Supplemental (Fox, Neil) (Entered: 08/15/2007) 176 MINUTE ORDER as to Briana Waters − 165 GRANTING MOTION to Seal Document re Declaration of J. Anthony Torres filed by USA. (cc: USPO) (PL, ) (Entered: 08/16/2007) 177 MOTION to Seal Document by USA as to Briana Waters. Noting Date 8/24/2007. (Attachments: # 1 Proposed Order to Seal)(Bartlett, Mark) (Entered: 08/17/2007) 178 United States' Reponse in Opposition to Waters' Motion to Dismiss Indictment and Compel Discovery by USA as to Briana Waters re 177 MOTION to Seal Document, 151 MOTION to Dismiss Defendant Compel Particular Discovery, Conduct Evidentiary Hearing, and/or Bar One or More Witnesses (Attachments: # 1 Exhibit Declaration of Ted Halla# 2 Exhibit Declaration of J. Anthony Torres)(Bartlett,

08/09/2007

08/09/2007

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08/09/2007

08/10/2007

08/10/2007 08/10/2007

08/11/2007

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08/15/2007

08/16/2007

08/17/2007 08/17/2007

Mark) Modified on 4/22/2008 (CMG, ). (Entered: 08/17/2007) 08/17/2007 08/17/2007 179 RESPONSE, by USA as to Briana Waters, to 171 MOTION to Dismiss Count(s) 7 of the Fourth Superseding Indictment. (Friedman, Andrew) (Entered: 08/17/2007) 180 RESPONSE, by USA as to Briana Waters, to 170 MOTION Limit Count 6 of the Fourth Superseding Indictment to Arson of a Building Used in Interstate Commerce. (Friedman, Andrew) (Entered: 08/17/2007) 181 RESPONSE, by Briana Waters, to 167 MOTION Production of saliva sample re 166 Sealed Document Declaration of J. Anthony Torres. Oral Argument Requested. (Attachments: # 1 Exhibit)(Fox, Neil) (Entered: 08/17/2007) 182 REPLY, by Briana Waters, TO RESPONSE to 170 MOTION Limit Count 6 of the Fourth Superseding Indictment to Arson of a Building Used in Interstate Commerce (Fox, Neil) (Entered: 08/19/2007) 183 REPLY, by Briana Waters, TO RESPONSE to 171 MOTION to Dismiss Count(s) 7 of the Fourth Superseding Indictment (Fox, Neil) (Entered: 08/19/2007) 184 DECLARATION of Leigh Hearon by Briana Waters re 167 MOTION Production of saliva sample re 166 Sealed Document Declaration of J. Anthony Torres filed by USA (Fox, Neil) (Entered: 08/20/2007) 185 DECLARATION of Robert Bloom by Briana Waters re 163 MOTION to Continue Trial filed by Briana Waters (Fox, Neil) (Entered: 08/20/2007) 186 MOTION to Disqualify Counsel by Briana Waters. Noting Date 9/7/2007.Oral Argument Requested. (Attachments: # 1 Proposed Order)(Fox, Neil) (Entered: 08/20/2007) 187 RESPONSE, by USA as to Briana Waters, to 173 MOTION Motion to Order The United States Marshals to Serve Subpoenas on FBI Agents. (Friedman, Andrew) (Entered: 08/20/2007) 189 ORDER GRANTING MOTION TO CONTINUE TRIAL DATE as to Briana Waters re 163 . Signed by Judge Franklin D. Burgess. (cc: PTS/USPO, USMO) Jury Trial is rescheduled for 2/4/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. Pretrial Conference is rescheduled for 1/25/2008 at 09:00 AM. The time between 9/17/07, the old trial date, and 2/4/08 is excluded. (PL, ) (Entered: 08/20/2007) 190 RESPONSE, by USA as to Briana Waters, to 174 MOTION for Discovery. (Bartlett, Mark) (Entered: 08/21/2007) 191 MOTION to Seal Document by Briana Waters. Noting Date 8/24/2007.(Fox, Neil) (Entered: 08/22/2007) 192 SEALED DOCUMENT by Briana Waters re 191 MOTION to Seal Document (Fox, Neil) (Entered: 08/22/2007) 193 REPLY, by Briana Waters, TO RESPONSE to 174 MOTION for Discovery (Fox, Neil) (Entered: 08/22/2007) 194 REPLY, by Briana Waters, TO RESPONSE to 151 MOTION to Dismiss Defendant Compel Particular Discovery, Conduct Evidentiary Hearing, and/or Bar One or More Witnesses (Attachments: # 1 Exhibit Search Warrant Affidavit)(Fox, Neil) (Entered: 08/23/2007) 195 MOTION for Reconsideration re 189 Order Continuing Trial Date, by USA as to Briana Waters. Noting Date 8/24/2007.(Bartlett, Mark) (Entered: 08/23/2007) 196 MINUTE ORDER as to Briana Waters. (cc: USPO) 177 granting MOTION to Seal Document filed by USA. (PL, ) (Entered: 08/27/2007) 198 MOTION to Seal Document Attorney's Notes by USA as to Briana Waters. Noting Date 9/7/2007. (Attachments: # 1 Proposed Order to Seal)(Friedman, Andrew) (Entered: 08/27/2007)

08/17/2007

08/19/2007

08/19/2007 08/20/2007

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08/20/2007

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08/23/2007 08/27/2007 08/27/2007

08/27/2007

200 MOTION to Seal Document United States' Response by USA as to Briana Waters. Noting Date 9/7/2007. (Attachments: # 1 Proposed Order to Seal Response)(Friedman, Andrew) (Entered: 08/27/2007) 201 United States Response by USA as to Briana Waters re 200 MOTION to Seal Document United States' Response, 186 MOTION to Disqualify Counsel (Attachments: # 1 Exhibit)(Friedman, Andrew) Modified on 4/22/2008 − removed "sealed" language (CMG, ). (Entered: 08/27/2007) Set/Reset Deadlines as to Briana Waters: Exhibit/Witness List due by 1/17/2008. Voir dire/jury instructions/trial briefs due by 1/17/2008. (PL, ) (Entered: 08/28/2007) 203 ORDER granting 198 Motion to Seal Document Attorney's Notes as to Briana Waters filed by USA. Signed by Judge Franklin D. Burgess.(PL, ) (Entered: 08/29/2007) 204 ORDER granting 200 Motion to Seal Document United States' Response filed by USA. Signed by Judge Franklin D. Burgess.(PL, ) (Entered: 08/29/2007) 205 MOTION to Seal Document Presentence Reports by USA as to Briana Waters. Noting Date 9/7/2007. (Attachments: # 1 Proposed Order to Seal Presentence Reports)(Friedman, Andrew) (Entered: 08/30/2007) 206 MOTION for Disclosure of Presentence Reports by USA as to Briana Waters. Noting Date 9/7/2007. (Attachments: # 1 Proposed Order for Disclosure of Presentence Reports)(Friedman, Andrew) (Entered: 08/30/2007) 212 SURREPLY by USA as to Briana Waters re 151 MOTION to Dismiss Defendant Compel Particular Discovery, Conduct Evidentiary Hearing, and/or Bar One or More Witnesses filed by Briana Waters (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(Friedman, Andrew) (Entered: 08/30/2007) 214 ORDER granting 205 Motion to Seal Document; as to Briana Waters (5) by Judge Franklin D. Burgess.(CMG, ) (Entered: 09/04/2007) 215 ORDER denying 195 Motion for Reconsideration as to Briana Waters 189 to Continue Trial Date, filed by USA. Signed by Judge Franklin D. Burgess.(PL, ) (Entered: 09/04/2007) 216 MOTION to Seal Document by Briana Waters. Noting Date 9/7/2007. (Attachments: # 1 Proposed Order)(Fox, Neil) (Entered: 09/05/2007) 217 SEALED DOCUMENT by Briana Waters re 216 MOTION to Seal Document (Fox, Neil) (Entered: 09/05/2007) 218 MINUTE ORDER as to Briana Waters; Court GRANTS 191 MOTION to Seal Document filed by Briana Waters. (cc: USPO) (PL, ) (Entered: 09/06/2007) 219 MINUTE ORDER as to Briana Waters; Court GRANTS 216 MOTION to Seal Document filed by Briana Waters. (cc: USPO) (PL, ) (Entered: 09/06/2007) 220 ORDER granting 167 Motion as to Briana Waters for Production of saliva sample re 166 Sealed Document Declaration of J. Anthony Torres filed by USA. Signed by Judge Franklin D. Burgess.(PL, ) (Entered: 09/06/2007) 221 REPLY, by Briana Waters, TO RESPONSE to 186 MOTION to Disqualify Counsel (Fox, Neil) (Entered: 09/06/2007) 222 ORDER granting in part and denying in part the 173 Motion regarding Service of Subpoenas on FBI Agents filed by Briana Waters. Signed by Judge Franklin D. Burgess.(PL, ) (Entered: 09/06/2007) 223 ORDER denying 81 Motion to Dismiss Count(s); as to Briana Waters (5); denying 82 Motion to Dismiss Count(s); as to Briana Waters (5); denying 83 Motion for Discovery; as to Briana Waters (5); deferring 84 Motion as to Briana Waters (5); denying 85 Motion as to Briana Waters (5); denying 86 Motion to Dismiss Count(s); as to Briana Waters (5); denying 87 Motion as to Briana Waters (5); denying 88 Motion to Dismiss Count(s); as to Briana Waters (5); denying 89 Motion as to Briana Waters (5); denying 90 Motion to Dismiss Count(s); as to Briana Waters (5) by Judge Franklin D. Burgess.(ECS, ) (Entered: 09/07/2007)

08/27/2007

08/28/2007 08/29/2007 08/29/2007 08/30/2007

08/30/2007

08/30/2007

08/31/2007 09/04/2007

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09/07/2007

09/10/2007

224 AGREED REQUEST/MOTION Filed by Daniel McGowan, an interested party,for Extension of Time to File Response re 206 MOTION for Disclosure of Presentence Reports by Briana Waters. (PL, ) (Entered: 09/10/2007) 225 STIPULATION AND ORDER GRANTING Additional Time to file 224 response to 206 MOTION for Disclosure of Presentence Reports. Any response due by 9/27/07. Signed by Judge Franklin D. Burgess. (PL, ) (Entered: 09/10/2007) 227 REPLY, by Briana Waters, TO RESPONSE to 151 MOTION to Dismiss Defendant Compel Particular Discovery, Conduct Evidentiary Hearing, and/or Bar One or More Witnesses (Fox, Neil) (Entered: 09/13/2007) 228 ORDER denying 186 Motion to Disqualify Counsel. as to Briana Waters (5) by Judge Franklin D. Burgess.(BWM) (Entered: 09/14/2007) 229 ORDER denying Defendant Water's (5) 151 Motion to Dismiss the Indictment, Compel Particular Discovery, Conduct an Evidentiary hearing, and/or Bar One or More Witnesses is denied by Judge Franklin D. Burgess.(CMG, ) (Entered: 09/17/2007) 230 ORDER denying 170 Motion to limit Count 6 of the Indictment to Arson of a building used in interstate commerce as to Briana Waters (5) by Judge Franklin D. Burgess.(CMG, ) (Entered: 09/17/2007) 231 ORDER that Defendant's Waters' Discovery Motion 174 is found to be MOOT as to items Nos 1,2,3,5,6, and 8; and is DENIED as to item No. 4; and is DENIED as to item No. 7 by Judge Franklin D. Burgess.(CMG, ) (Entered: 09/17/2007) 232 REPLY, by Briana Waters, TO RESPONSE to 206 MOTION for Disclosure of Presentence Reports (Fox, Neil) (Entered: 09/19/2007) 233 ORDER denying 171 Motion to Dismiss Count 7 of the Fourth Superseding Indictment; as to Briana Waters (5) by Judge Franklin D. Burgess.(BWM) Additional attachment(s) added on 9/19/2007 (BWM, ). (Entered: 09/19/2007) 234 NOTICE of Corrected Image/Document as to defendant Briana Waters re 233 Order on Motion to Dismiss Count(s). (Service of corrected image is attached). (BWM, ) (Entered: 09/19/2007) 235 MOTION for Reconsideration re 231 Order on Motion for Discovery by Briana Waters. Noting Date 9/28/2007.(Fox, Neil) (Entered: 09/27/2007) 236 PRAECIPE FOR A SUBPOENA by Briana Waters issued and returned (DF, ) (Entered: 09/28/2007) 237 Return of Service by defendant Briana Waters re Subpoena unexecuted on 10/1/07 upon Special Agent John Ferreira. (DF, ) (Entered: 10/01/2007) 238 ORDER denying 235 Motion for Reconsideration as to Briana Waters (5) by Judge Franklin D. Burgess.(BWM) (Entered: 10/02/2007) 239 Return of Service by Neil M. Fox, Cohen &Iaria, Attorney for defendant Waters re subpoena served on 10/10/07 upon John Lindsay Ferreira. (DF, ) (Entered: 10/16/2007) 240 ORDER denying as premature 206 Motion for Disclosure of presentence reports; as to Briana Waters (5) by Judge Franklin D. Burgess.(BWM) (Entered: 10/24/2007) 245 PRAECIPE FOR A SUBPOENA by Briana Waters (DF, ) (Entered: 11/16/2007) 242 MOTION for Reconsideration re 223 Order on Motion to Dismiss Count(s), Order on Motion for Discovery, Order on Motion for Miscellaneous Relief Regarding Juror Qualification Issue by Briana Waters. Noting Date 11/23/2007.(Fox, Neil) Modified on 11/19/2007 (ECS, ). (Entered: 11/16/2007) 249 ORDER denying Defendant Waters' Motion 242 for Reconsideration of Order re: Juror Qualifications. Signed by Judge Franklin D. Burgess.(PL, ) (Entered: 11/29/2007)

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09/13/2007

09/14/2007 09/17/2007

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09/27/2007 09/28/2007 10/01/2007 10/02/2007 10/15/2007

10/24/2007 11/15/2007 11/16/2007

11/29/2007

12/24/2007 12/26/2007 01/02/2008 01/03/2008 01/07/2008 01/09/2008

252 NOTICE of Unavailability of attorney Neil Martin Fox from 12/26/2007 to 01/02/2008 (Fox, Neil) (Entered: 12/24/2007) 253 MOTION for Court to Conduct Status Conference by Briana Waters. Noting Date 1/4/2008. (Attachments: # 1 Appendix A−G)(Fox, Neil) (Entered: 12/26/2007) 254 RESPONSE, by USA as to Briana Waters, to 253 MOTION for Court to Conduct Status Conference. (Friedman, Andrew) (Entered: 01/02/2008) 255 REPLY, by Briana Waters, TO RESPONSE to 253 MOTION for Court to Conduct Status Conference (Fox, Neil) (Entered: 01/03/2008) 256 ORDER denying 253 Motion that Court conduct a status conference; as to Briana Waters (5) by Judge Franklin D. Burgess.(BWM) (Entered: 01/07/2008) HEARING CONTINUED as to Briana Waters: Jury Trial set for 2/4/08 is rescheduled to 2/11/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. Pretrial Conference remains scheduled for 1/25/08 at 9:00 AM. (PL, ) (Entered: 01/09/2008) 257 TRIAL BRIEF by Briana Waters (Fox, Neil) (Entered: 01/17/2008) 258 Proposed Voir Dire by Briana Waters (Fox, Neil) (Entered: 01/17/2008) 259 Proposed Jury Instructions by Briana Waters Cited and Uncited (Fox, Neil) (Entered: 01/17/2008) 260 MOTION Issues Related to Destructive Device Issues by Briana Waters. Noting Date 1/25/2008.Oral Argument Requested.(Fox, Neil) (Entered: 01/17/2008) 261 Proposed Jury Instructions by USA as to Briana Waters (Friedman, Andrew) (Entered: 01/17/2008) 262 Proposed Voir Dire by USA as to Briana Waters (Friedman, Andrew) (Entered: 01/17/2008) 263 WITNESS LIST by USA as to Briana Waters (Friedman, Andrew) (Entered: 01/17/2008) 264 MOTION in Limine by Briana Waters. Noting Date 1/25/2008.Oral Argument Requested.(Fox, Neil) (Entered: 01/17/2008) 265 TRIAL BRIEF by USA as to Briana Waters (Attachments: # 1 Exhibit 1)(Friedman, Andrew) (Entered: 01/17/2008) 266 EXHIBIT LIST by USA as to Briana Waters (Friedman, Andrew) (Entered: 01/17/2008) 267 WITNESS LIST by Briana Waters (Fox, Neil) (Entered: 01/17/2008) 268 MOTION in Limine to Exclude Proposed Defense Experts by USA as to Briana Waters. Noting Date 1/25/2008. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Friedman, Andrew) (Entered: 01/17/2008) 269 EXHIBIT LIST by Briana Waters (Fox, Neil) (Entered: 01/17/2008) 270 EXHIBIT CVs of Government Witnesses by Briana Waters re 260 MOTION Issues Related to Destructive Device Issues (Fox, Neil) (Entered: 01/17/2008) 271 RESPONSE, by USA as to Briana Waters, to 264 MOTION in Limine. (Bartlett, Mark) (Entered: 01/23/2008) 272 RESPONSE, by USA as to Briana Waters, to 260 MOTION Issues Related to Destructive Device Issues. (Bartlett, Mark) (Entered: 01/23/2008) 273 MEMORANDUM Responsive to Government's Motions and Trial Brief by Briana Waters re 265 Trial Brief filed by USA, 268 Motion in Limine filed by USA (Attachments: # 1 Exhibit 1−8)(Fox, Neil) (Entered: 01/23/2008) 274 EXHIBIT by Briana Waters re 257 Trial Brief (Fox, Neil) (Entered: 01/23/2008)

01/17/2008 01/17/2008 01/17/2008 01/17/2008 01/17/2008 01/17/2008 01/17/2008 01/17/2008 01/17/2008 01/17/2008 01/17/2008 01/17/2008

01/17/2008 01/17/2008 01/23/2008 01/23/2008 01/23/2008

01/23/2008

01/24/2008

HEARING CONTINUED as to Briana Waters: To accommodate the courts calendar, the Pretrial Conference set for 1/25/08 is rescheduled for 1/29/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) (Entered: 01/24/2008) 275 ORDER On Issues Relating to Destructive Devices by Judge Franklin D. Burgess. (SPH, ) (Entered: 01/25/2008) 276 MOTION for Reconsideration re 275 Order Related to Destructive Devices by Briana Waters. Noting Date 2/1/2008.(Fox, Neil) (Entered: 01/27/2008) 277 REPLY, by Briana Waters, TO RESPONSE to 264 MOTION in Limine (Fox, Neil) (Entered: 01/27/2008) 280 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: P LeFrois; AUSA: Mark Bartlett /Andrew Friedman; Def Cnsl: Neil Fox/Robert Bloom; Court Reporter: Teri Hendrix; PRETRIAL CONFERENCE as to Briana Waters held on 1/29/2008. Counsel and Defendant Briana Waters present.Mr Bloom requests the court open the courtroom to the public and for Defendants life−partner, John Landgraf be admitted. Court denies request as to opening the courtroom to the public. Government has no objection to Mr Landgraf being present, Court grants request as long as he is not a witness in the case.Arraignment on 4th SS Indictment − Review of counts, Defendant advised of charges/penalties. Defendant pleads Not Guilty to all Charges.Government requests FBI Special Agent Halla, lead investigator, to sit at Governments table; Defense objects. Court grants request. Review of Motions in Limine − See Minute Order, Docket # 281 for Court rulings on Motions in Limine.General Trial Procedures discussed. Court advises Rulings are final, no need to re−object. Jury Instructions to be dealt with at later date.Hours of trial discussed, Court will make final decision first day of trial. Court will advise by Wednesday, if working on Friday. Trial to begin at 8:30 AM 2/11/08. Counsel to meet each morning at 8:00 AM for any issues needing discussion, to be ready for jury at 9:00 AM.Counsel advised to prepare 1 page statement of case. 14 Jurors, 2 alternates to be decided after arguments. Peremptory challenges − Defense 10, Government 6.Court inquires if further settlement negotiations would be of benefit.Court directs parties to file additional briefing as to issues discussed and to work on discovery materials. Counsel advise Court opening statements should take 1 and 1/2 hours each side. Length of trial 3−4 weeks. Defendant remains on bond. (PL, ) (Entered: 02/01/2008) 278 SEALED ORDER Denying renewed motions re Certain out−of−state witnesses and Sealing this order signed by Judge Franklin D. Burgess. (DF, ) (Entered: 01/30/2008) 282 PRAECIPE FOR A SUBPOENA by Briana Waters (iss'd) (DF, ) (Entered: 02/04/2008) 279 NOTICE Offer of Proof re: James Wedick by Briana Waters re 268 MOTION in Limine to Exclude Proposed Defense Experts (Fox, Neil) (Entered: 02/01/2008) 281 MINUTE ORDER as to Briana Waters re 280 Pretrial Conference held on 1/29/08 − Rulings on Motions in Limine. (cc: USPO) (PL, ) Additional attachment(s) added on 2/1/2008 (PL, ). (Entered: 02/01/2008) NOTICE of Docket Text Modification as to defendant Briana Watersre 281 Minute Order : Attached pdf document (PL, ) (Entered: 02/01/2008) 283 RESPONSE to Waters' Offer of Proof Regarding James Wedick by USA as to Briana Waters re 279 Notice−Other filed by Briana Waters (Bartlett, Mark) (Entered: 02/04/2008) 284 REPLY regarding James Wedick by Briana Waters re 279 Notice−Other filed by Briana Waters (Fox, Neil) (Entered: 02/05/2008) 285 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of the Pretrial Conference held on 1/29/2008 has been filed. This transcript is SEALED for 90 days following the filing date. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court

01/25/2008 01/27/2008 01/27/2008 01/29/2008

01/30/2008 01/31/2008 02/01/2008 02/01/2008

02/01/2008 02/04/2008

02/05/2008 02/06/2008

reporter for a 90 day period. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. (PVO, ) (Entered: 02/06/2008) 02/06/2008 02/06/2008 02/06/2008 286 REQUEST Statement of the Case by Briana Waters (Fox, Neil) (Entered: 02/06/2008) 287 MEMORANDUM Supplemental Motions in Limine by Briana Waters (Fox, Neil) (Entered: 02/06/2008) 288 ORDER as to Briana Waters (5) granting 268 MOTION in Limine to Exclude Proposed Defense Expert James Wedick filed by USA. Signed by Judge Franklin D. Burgess.(PL, ) (Entered: 02/07/2008) 289 RESPONSE TO WATERS' SUPPLEMENTAL MOTIONS IN LIMINE by USA as to Briana Waters re 287 Memorandum filed by Briana Waters (Bartlett, Mark) (Entered: 02/07/2008) 290 Praecipe by USA as to Briana Waters re 289 Response (Attachments: # 1 Page 3)(Bartlett, Mark) (Entered: 02/07/2008) 291 STATEMENT of the Case by the United States by USA as to Briana Waters (Friedman, Andrew) (Entered: 02/07/2008) 292 SUPPLEMENT Response to Defendant's Supplemental Motions in Limine by USA as to Briana Waters re 287 Memorandum, 289 Response (Friedman, Andrew) (Entered: 02/08/2008) 293 Third MOTION in Limine TO EXCLUDE REFERENCE TO COMPLAINTS AGAINST AGENTS AND TO EXCLUDE REFERENCE TO AND/OR USE OF AGENTS NOTES AND REPORTS by USA as to Briana Waters. Noting Date 2/11/2008.(Friedman, Andrew) (Entered: 02/08/2008) 294 EXHIBIT LIST by Briana Waters (Fox, Neil) (Entered: 02/09/2008) 295 MEMORANDUM RE Motion for Court to Order Government Witnesses to be Interviewed by Briana Waters (Fox, Neil) (Entered: 02/09/2008) 296 DEMAND by Briana Waters (Fox, Neil) (Entered: 02/09/2008) 297 MOTION for Disclosure Order Requiring FBI Disclosure by USA as to Briana Waters. Noting Date 2/11/2008. (Attachments: # 1 Proposed Order Requiring FBI Disclosure)(Bartlett, Mark) (Entered: 02/09/2008) 298 RESPONSE in Opposition to Defendant's Motion to Compel Interviews by USA as to Briana Waters re 295 Memorandum filed by Briana Waters (Friedman, Andrew) (Entered: 02/10/2008) 299 RESPONSE TO WATERS' DISCOVERY DEMANDS by USA as to Briana Waters re 296 Demand filed by Briana Waters (Bartlett, Mark) (Entered: 02/10/2008) 300 WITNESS LIST by Briana Waters (Fox, Neil) (Entered: 02/10/2008) 301 MEMORANDUM Motion in Limine Regarding Tiffany Tudder by Briana Waters (Fox, Neil) (Entered: 02/10/2008) 302 MEMORANDUM Reply Regarding Ex. 612 by Briana Waters re 287 Memorandum filed by Briana Waters (Fox, Neil) (Entered: 02/10/2008) 303 MEMORANDUM Reply on Issue Involving Witness Interviews by Briana Waters re 295 Memorandum filed by Briana Waters (Fox, Neil) (Entered: 02/10/2008) 304 AMENDMENT to 266 Exhibit List by USA as to Briana Waters (Friedman, Andrew) (Entered: 02/10/2008) 305 AMENDMENT to 263 Witness List by USA as to Briana Waters (Friedman, Andrew) (Entered: 02/10/2008)

02/07/2008

02/07/2008 02/07/2008 02/08/2008

02/08/2008

02/09/2008 02/09/2008 02/09/2008 02/09/2008

02/10/2008

02/10/2008 02/10/2008 02/10/2008 02/10/2008 02/10/2008 02/10/2008 02/10/2008

02/11/2008

307 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: PLeFrois; AUSA: A Freidman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day 1 as to Briana Waters held on 2/11/2008.9:10. Court takes up procedural matters. Recess. FDB says court is open to public/press, however, jury will be seated first. Mr. Bloom has concerns about juror questionnaires and challenges. Court explains procedure. Court has seen and will review recently filed motions in limine, (#293) Bloom intends to use in opening statements. 9:45, Jury panel enter/sworn. Court conducts voir dire. RECESS. 11:15, Voir dire resumes. 12:30 − 1:30 Jurors excused for lunch break.Government gives Court questions for cause, Defense to prepare during lunch break.Mr Fox moves for mistrial. Court denies motion. 1:30, Court resumes outside presence of jurors. Defense counsel requests more time to prepare jury questions. Court gives counsel until 2:00 pm to prepare questions. Recess. 2:20 − court resumes outside presence of jurors. Jury selection procedures discussed. 2:25, Court resumes with jurors. Voir dire resumes. Challenges for cause will be put on the record. Jury empaneled/sworn. Jury excused. Mr. Fox objects to gov' challenge of juror #28. Government responds to court, gives answers. Record is made. Court finds nothing wrong with governments decision to strike juror. Trial procedures discussed. 3:25, jury enters and is excused until 9:00 am on 2/12/2008. Court makes oral rulings on following issues:Court to issue order granting Governments motion re parking pass.Court denies request for witnesses, Kolar, Phillabaum, Savoie and attorney Michael Martin to be interviewed by Defendants.Following Motions are Moot: re OIG complaint, re Corrina and Larson, re Tiffany Tutters testimony, re Reference to 612 exhibit.Court advises counsel to conduct themselves professionally regarding public/press.Counsel and Ms Waters to be here at 8:30, jury to resume at 9:00.4:10 Court adjourns, jury trial day two set for February 12, 2008 at 9:00 am in Courtroom C before Honorable Franklin D Burgess. Defendant remains on bond. Defendant remains on bond. (PL, ) (Entered: 02/12/2008) Set Hearings as to Briana Waters: Jury Trial (Day Two) is set for 2/12/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) (Entered: 02/12/2008) 339 STIPULATION regarding admissibility of documents. (DF, ) (Entered: 02/25/2008) 340 STIPULATION regarding admissibility of documents. (DF, ) (Entered: 02/25/2008) 306 ORDER granting 297 MOTION for Disclosure Order Requiring FBI Disclosure by USA as to Briana Waters, by Judge Franklin D. Burgess.(DF, ) (Entered: 02/12/2008) 308 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: PLeFrois; AUSA: A Freidman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day Two as to Briana Waters held on 2/12/2008. 8:30 Review of issues; Government has objections re FBI agents testimony; Court advises issue is premature. Mr Bloom advises he forgot notes for Opening Statement, requests leave to get them. Mr Fox objects beginning opening before he returns. Government agrees to take recess until Mr Bloom returns. 8:45−9:15 Recess.9:20 Government has issue re agents notes, if Mr Bloom intends to bring in during opening statement. 9:30 − Jury present. 9:35−10:30 − Mr Friedman,Opening Statement for Government. Recess 10:40. 10:55− 12:10 − Mr Bloom, Opening Statement for Defendant.Lunch Break 12:15 − 1:15− jurors excused. 1:20 Government calls Agent John Comery. Exhibits admitted.2:35−Recess. 2:50−Jurors return. Mr Comery resumes stand.4:00 jury excused. Government has issues to be taken up outside of the jury.Court advises counsel and Ms Waters to be here by 8:30am each morning.4:15 Court adjourned Defendant remains on Bond. Jury Trial is set for 2/13/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) (Entered: 02/12/2008) 309 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of the Opening Statements held on 2/12/2008 has been filed. This transcript is SEALED for 90 days following the filing date. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court reporter for a 90 day period. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

02/11/2008 02/11/2008 02/11/2008 02/12/2008 02/12/2008

02/13/2008

To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. (PVO, ) (Entered: 02/13/2008) 02/13/2008 312 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: P LeFrois; AUSA: A Friedman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day Three as to Briana Waters held on 2/13/2008. 8:50am Mr Fox requests, witness John Comery to remain close, in case recall is necessary. Government advises he will be available. Government has redacted exhibit # 562 to 1 page as directed.9:05 Jury enters. Mr John Comery resumes stand; cross by Mr Fox.A177 − admitted/illustrative only; # A97, 505, 514B=Reserved.Recess 10:25−10:50.11:05 − Government calls Cheryl Glenn, Brennan Phillips.Lunch Break 12:00−1:00.1:05 jurors return; Mr Phillips resumes stand. Break 2:20−2:40 Exhibits marked/admitted.Witnesses called for Day 3=John Comery, Cheryl Glenn, Donald Rice, Bradley Cooper, Brennan Phillips, Ron Trezise, Daniel Priest.4:10 Jurors excused for the day; counsel review reserved exhibits − A97, 505 &514B=now admitted.4:15 − Court adjourned to return on 2/14/08 at 9:00 am. Counsel and Ms Waters to be here at 8:30am.Defendant remains on Bond. Jury Trial is set for 2/14/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) (Entered: 02/13/2008) 313 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of the Testimony of Dan Priest held on 2/13/2008 has been filed. This transcript is SEALED for 90 days following the filing date. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court reporter for a 90 day period. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. (MW, ) (Entered: 02/14/2008) 02/14/2008 314 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: P LeFrois; AUSA: A Friedman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day Four as to Briana Waters held on 2/14/2008. 9:05am Jurors enter courtroom.Government calls witnesses: 9:08 Eric Lindahl, 9:40 Jane Stephan,10:45 Ronald Kelly; 11:05 Donald Sachtleben, 1:55 Lacey Phillabaum.Exhibits marked/admitted. Exhibits used for illustrative only: #982, #308, #330B.Break 10:20 − 10:45.Lunch Break 12:00−1:00 − jurors return.Mr Sachtleben resumes stand.2:35−2:55−Afternoon break.4:00 Jurors excused; counsel discuss motion in limine re Letter by Lacey Phillabaum. Court to hear argument on 2/15/08 at 8:30am.4:10 Court adjourned. Defendant remains on bond. Jury Trial is coninues 2/15/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) Modified on 2/15/2008−correct spelling (PL, ). (Entered: 02/14/2008) 315 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of the Testimony of Lacey Phillabaum held on 2/14/2008 has been filed. This transcript is SEALED for 90 days following the filing date. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court reporter for a 90 day period. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. (MW, ) (Entered: 02/15/2008) 02/14/2008 02/15/2008 330 STIPULATION regarding Fingerprint Cards by parties (CMG, ) (Entered: 02/22/2008) 316 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: P LeFrois; AUSA: A Friedman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day Five as to Briana Waters held on 2/15/2008. 9:00

02/13/2008

02/14/2008

Jurors enter courtroom.9:05 Lacey Phillabaum resumes stand, cross by Mr Bloom.Exhibits marked/admitted. Witnesses called: 9:05−Lacey Phillabaum, 3:45−Megan Roop.Break 10:30−10:45.Lunch Break 12:00−1:00 − jurors return.Ms Phillabaum resumes stand; cross continued by Mr Bloom. Redirect by Mr Friedman.2:30−2:45−Afternoon break.4:00 Jurors excused; Counsel discuss issues outside the presence of the jurors.Counsel and Ms Waters to be here at 8:30 am on 2/19/08.4:20 Court adjourned. Defendant remains on bond. Jury Trial continues 2/19/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) (Entered: 02/15/2008) 02/15/2008 319 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of the Testimony of Lacey Phillabaum − Continued held on 2/15/2008 has been filed. This transcript is SEALED for 90 days following the filing date. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court reporter for a 90 day period. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. (PVO, ) (Entered: 02/19/2008) 02/15/2008 02/18/2008 02/19/2008 02/19/2008 332 PRAECIPE FOR A SUBPOENA by Briana Waters (iss'd) (CMG, ) (Entered: 02/22/2008) 317 MEMORANDUM Supplemental Motions in Limine by Briana Waters (Fox, Neil) (Entered: 02/18/2008) 318 MOTION in Limine Concerning Witness Robert Corrina by USA as to Briana Waters. Noting Date 2/19/2008.(Friedman, Andrew) (Entered: 02/19/2008) 320 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: P LeFrois; AUSA: A Friedman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day Six as to Briana Waters held on 2/19/2008. 8;30−Counsel discuss issues re motions in limine.9:05 Jurors enter courtroom.Exhibits Marked/Admitted. Government calls witnesses: 9:10 Sarah Reichard, 10:52 Tiffany Tudder; 10:05 Toby Bradshaw; 11:08 Thomas Hinckley; 11:40 Gary Quarforth; 1:15 David Gratzer; 1:20 Robert Corrina; Objections made/Noted for the record.Break 10:35−10:55. (10:50 Counsel review issue re exhibit 740C).Lunch Break 12:05−1:05. Counsel discuss issues; 1:15 jurors return. Afternoon Break 2:35−2:50.Jurors excused 4:00pm; Counsel discuss issues re Lacey Phillabaum video/subpoena of David Carr. Counsel and Ms Waters to be here at 8:30 am.Court adjourned 4:10pm. Defendant remains on bond. Jury Trial continued on 2/20/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) (Entered: 02/19/2008) 321 MEMORANDUM Renewal of Motion for Issuance of Out of District Subpoena by Briana Waters (Fox, Neil) (Entered: 02/19/2008) 322 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of the Testimony of Robert Corrina held on 2/19/2008 has been filed. This transcript is SEALED for 90 days following the filing date. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court reporter for a 90 day period. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. (PVO, ) (Entered: 02/20/2008)

02/19/2008 02/20/2008

02/20/2008

323 RESPONSE to Defendant's Supplemental Motion in Limine by USA as to Briana Waters re 317 Memorandum filed by Briana Waters (Friedman, Andrew) (Entered: 02/20/2008) 324 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: P LeFrois; AUSA: A Friedman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day Seven as to Briana Waters held on 2/20/2008. 8:55 Issues discussed by counsel.9:05 Jurors enter courtroom.Exhibits Marked/Admitted. Government calls witnesses: 9:05 Robert Corrina resumes stand − cross by Mr Bloom; 11:30 Jackie Brown; 11:50 Dona Kravis; 1:05 Dave Peterson; 1:18 Jennifer Kolar − 3:35 cross by Neil Fox.Objections made/Noted for the record.Break 10:25−10:45.Lunch Break 12:00−1:00. 2:20−2:40 Afternoon Break.Stipulation re Testimony of Michael Martin published.4:00 jurors excused; 4:10pm Court adjourned. Counsel and Ms Waters to be present at 8:30am. Defendant remains on bond. Jury Trial continues on 2/21/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) (Entered: 02/20/2008) 326 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of the Testimony of Robert Corrina − Continued held on 2/20/2008 has been filed. This transcript is SEALED for 90 days following the filing date. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court reporter for a 90 day period. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. (PVO, ) (Entered: 02/21/2008)

02/20/2008

02/20/2008

02/20/2008

327 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of the Testimony of Jennifer Kolar held on 2/20/2008 has been filed. This transcript is SEALED for 90 days following the filing date. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court reporter for a 90 day period. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. (PVO, ) (Entered: 02/21/2008)

02/20/2008 02/20/2008 02/21/2008

331 STIPULATION regarding Testimony of Michael Martin by parties (CMG, ) (Entered: 02/22/2008) 356 STIPULATION regarding photographs. (DF, ) (Entered: 02/29/2008) 325 RESPONSE to Defendant's Motion for Out−of−State Subpoena by USA as to Briana Waters re 321 Memorandum filed by Briana Waters (Friedman, Andrew) (Entered: 02/21/2008) 328 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: P LeFrois; AUSA: A Friedman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day Eight as to Briana Waters held on 2/21/2008. 9:05 Jurors enter courtroom.Exhibits Marked/Admitted. Government calls witnesses: 9:05 Jennifer Kolar resumes stand − cross by Neil Fox; 1:08 Bill Wake; 1:15 Jennifer Kolar resumes stand; 2:50 Valerie Betty; 3:45 Tim Watkins. Objections made/Noted for the record.Break 10:30−10:50.Lunch Break 11:55−1:05. 2:20−2:50 Afternoon Break.4:00 jurors excused; Counsel discuss issues outside the presence of the jurors; renewal of motions for out of district subpoenas, Defendants additional witnesses, subpoena for records from St Peters Hospital, jury instructions and status for trial schedule. Counsel and Ms Waters to be here at 8:30 am.4:20pm Court adjourned. Defendant remains on bond. Jury Trial is continued on 2/22/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) Modified on 2/21/2008−added

02/21/2008

witness (PL, ). (Entered: 02/21/2008) 02/21/2008 337 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of the Testimony of Jennifer Kolar − Continued held on 2/21/2008 has been filed. This transcript is SEALED for 90 days following the filing date. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court reporter for a 90 day period. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. (PVO, ) (Entered: 02/25/2008) 02/21/2008 02/22/2008 02/22/2008 346 PRAECIPE FOR A SUBPOENA by Briana Waters (issued) (CMG, ) (Entered: 02/27/2008) 329 MOTION in Limine Concerning Plea Agreements by USA as to Briana Waters. Noting Date 2/22/2008.(Friedman, Andrew) (Entered: 02/22/2008) 333 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: P LeFrois; AUSA: A Friedman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day Nine as to Briana Waters held on 2/22/2008. 8:50 − counsel discuss issues; reverse proffer; negotiations between Defendant and Government; Exhibit 401 /402. 9:10 Jurors enter courtroom.Exhibits Marked/Admitted. Objections made/Noted for the record.Government calls witnesses: 9:10 Tim Watkins resumes the stand; 9:14 Michael Morgan; 10:00 Agent Ted Halla.10:50 − Counsel review objections re exhibits # 401/402 − Mr Fox advises parts are irrelevant; Government will redact portions per oral ruling. Break 10:30−10:50 Jurors enter 11:10 Lunch Break 11:50−1:05 − Jurors return; Agent Halla resumes stand; 3:10 Cross by Mr Fox. 2:30−3:00 Afternoon Break 2:45 Counsel argue re exhibit 722 outside the presence of the jurors; Court admits pages 75, 76 &81 only of #722.Jurors excused 4:00 ; Counsel discuss issues; Defendants renewed Motion regarding David Carr and Joshua Harper is denied. The DVD re Lacey Phillabaum will not be admitted. Government requests lists/information regarding Defendants witnesses and exhibits. Mr Bloom will e−mail the requested information on 2/23/08 to the Government.Counsel and Ms Waters to be here at 8:30 am.Court adjourned 4:25 pm. Defendant remains on bond. Jury Trial is set for 2/25/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) (Entered: 02/22/2008) 334 MEMORANDUM Motion to Strike Evidence, Declare Mistrial and/or Give Cautionary Instruction by Briana Waters (Fox, Neil) (Entered: 02/24/2008) 335 MOTION in Limine by USA as to Briana Waters. Noting Date 2/25/2008.(Friedman, Andrew) (Entered: 02/24/2008) 336 RESPONSE, by Briana Waters, to 335 MOTION in Limine. (Fox, Neil) (Entered: 02/24/2008) 338 STIPULATION regarding telephone number (212)599−3405.(DF, ) (Entered: 02/25/2008) 341 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: P LeFrois; AUSA: A Friedman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day 10 as to Briana Waters held on 2/25/2008. 8:50 − counsel discuss issues; motion re Defendants witness list; Exhibit # 402/612 reserved. 9:05 Jurors enter courtroom.Exhibits Marked/Admitted. Objections made/Noted for the record; Stipulation re Telephone number 212−599−3405 read to jurors.Government calls witnesses: 9:05 Agent Ted Halla resumes stand − Mr Fox continues cross.Break 10:30−10:50. Government Rests 11:25. Jurors excused. Counsel discuss issues:Mr Fox moves to dismiss the Indictment and for Mistrial.Counsel argue. Court denies both Motions.Defendant calls first witness: 11:40 Anthony Torres;Lunch Break 12:00 −1:00 − Jurors return; Defense calls 2 witnesses out of order; 1:05−Haila Silvertrees; 1:23−LaVerne Troxel; 1:55− Anthony

02/24/2008 02/24/2008 02/24/2008 02/25/2008 02/25/2008

Torres resumes stand − cross by Mr Bloom.Afternoon Break 2:30− 2:50 Jurors excused 4:00 ; Court adjourned. 4:05.Counsel and Ms Waters to be here at 8:30 am.Defendant remains on bond. Jury Trial continues 2/26/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) (Entered: 02/25/2008) 02/25/2008 02/25/2008 342 Proposed Jury Instructions by Briana Waters Supplemental (Fox, Neil) (Entered: 02/25/2008) 343 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of the Excerpt of Testimony of John Comery held on 2/13/2008 has been filed. This transcript is SEALED for 90 days following the filing date. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court reporter for a 90 day period. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. (PVO, ) (Entered: 02/26/2008) 02/26/2008 344 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: P LeFrois; AUSA: A Friedman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day Eleven as to Briana Waters held on 2/26/2008. 9:05 Jurors enter courtroom.Exhibits Marked/Admitted. Objections made/Noted for the record.Defense calls Witnesses: 9:05 Anthony Torres resumes stand; 1:05 Heather Moore; 1:30 James Dawson; 1:45 Julie Frank; 1:50 Gregory Grove; 2:00 Sarah Wald; 2:45 Daria Wrubel; 2:50 Jay Doane; 2:55 Lawson Dumbeck; 3:10 Laurie Meeker; 3:23 Gary Varnell; 9:15 Jurors/Witness excused; counsel argue re questions asked, inconsistent statements and repeated issues.9:25 Jurors return. Break 10:20−10:50.Jurors/witness excused 10:20 − Counsel argue re difference of proffer and confession; 11:50 counsel argue re objections.Lunch Break 11:50 −1:00.Afternoon Break 2:20−2:45. Jurors excused−2:55; Court inquires of Mr Bloom regarding testimony of witnesses − if fact or character witness. 3:05 jurors return.Jurors excused 4:00 ; Counsel discuss witnesses, admissibility of video. Court adjourned. 4:15.Counsel and Ms Waters to be here at 8:30 am.Defendant remains on bond. Jury Trial continues on 2/27/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) (Entered: 02/26/2008) 345 REQUEST UNITED STATES' FILING CONCERNING JURY INSTRUCTIONS by USA as to Briana Waters (Friedman, Andrew) (Entered: 02/27/2008) 347 STIPULATION regarding exhibit A−97. (DF, ) (Entered: 02/27/2008) 348 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: P LeFrois; AUSA: A Friedman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day Twelve as to Briana Waters held on 2/27/2008. 8:45 Counsel discuss issues: Objections to Witnesses, Court rules on Exhibit A−169 Video − Not Admitted; Mr Bloom motions court to obtain the tape recording of Jennifer Kolar from attorney Michael Martin.9:10 Jurors enter courtroom; Stipulation re Exhibit A−97 published to jurors.Defendant calls Witnesses: 9:15−Jupac Lin; 9:30 Dale Mann; 11:00 Briana Waters.9:30 Jurors excused; Mr Mann questioned re testimony; Court reads Order previously issued. Court denies admission of A−180. Jurors return.Break 10:25−10:50 − Jurors excused; counsel discuss objection re Mr Manns testimony.Lunch Break 12:00−1:05. Ms Waters resumes stand;1:40− cross by Mr Bartlett ; 3:00 −redirect by Mr Bloom.Afternoon Break 2:30−2:45. Jurors return 3:05.Defense rests 3:40; Jurors excused at 4:00; Counsel discuss rebuttal witnesses, objections, time schedules.5:00pm−Proposed jury instrustions given to Counsel 5:00.Exhibits Marked/Admitted. Objections made/Noted for the record.Counsel and Ms Waters to be here at 8:30 am to review proposed jury instructions. Jurors to return at 10:00.Defendant remains on bond. Jury Trial continues 2/28/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) (Entered: 02/27/2008) 353 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of the Testimony of Dale Mann held on 2/27/2008 has been filed.

02/27/2008 02/27/2008 02/27/2008

02/27/2008

This transcript is SEALED for 90 days following the filing date. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court reporter for a 90 day period. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. (PVO, ) (Entered: 02/29/2008) 02/27/2008 354 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of the Testimony of Briana Waters held on 2/27/2008 has been filed. This transcript is SEALED for 90 days following the filing date. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court reporter for a 90 day period. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. (PVO, ) (Entered: 02/29/2008) 02/28/2008 02/28/2008 02/28/2008 02/28/2008 349 PROPOSED JURY VERDICT FORM by USA as to Briana Waters (Friedman, Andrew) (Entered: 02/28/2008) 350 AMENDMENT to 349 Proposed Jury Verdict by USA as to Briana Waters (Friedman, Andrew) (Entered: 02/28/2008) 351 SUPPLEMENTAL Proposed Jury Instructions by Defendant Briana Waters (DF, ) (Entered: 02/28/2008) 355 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: P LeFrois; AUSA: A Friedman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day Thirteen as to Briana Waters held on 2/28/2008. 8:40 Mr Friedman, Mr Fox and Defendant present to review proposed jury instructions; objections made.9:30 Mr Bloom present.9:50 Court and counsel review final proposed jury instructions; exceptions made on the record.10:50 Jurors enter courtroom. Government calls Christopher Walls as rebuttal witness; cross by Mr Fox.Exhibits Marked/Admitted. Objections made/Noted for the record.Lunch Break 11:00− 12:00. Counsel given final draft of instructions. 12:15−Court instructs Jury. 12:45−2:20−Closing by Mr Bartlett. (40 minutes for rebuttal) 2:20−2:35 Afternoon Break 2:35−5:00−Closing by Mr Bloom.5:00−5:15 Break; Jurors return; Rebuttal by Mr Friedman 5:20−6:00.6:00 Alternates excused.6:10 Jurors excused; Counsel discuss issues. Mr Fox Motions the Court for Mistrial−Court denies Motion. Jury to begin deliberations at 9:00.Counsel and Ms Waters to be here at 8:30 am.6:10 Court adjourned. Defendant remains on bond. Jury Trial continues 2/29/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) (Entered: 02/29/2008) 352 REQUEST for Additional Jury Instruction by USA as to Briana Waters (Friedman, Andrew) (Entered: 02/29/2008) 357 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: P LeFrois; AUSA: A Friedman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL − Jury in Deliberation Only Day Fourteen of trial as to Briana Waters held on 2/29/2008. 9:00 Jurors in deliberation.9:20 Mr Bloom motions for mistrial re referral to Exhibit 745. Government requests curative instruction. Court rules Exhibit #745 will not be admitted; Court Denies Motion for Mistrial. Counsel agree Stipulations not to be sent to jury. 9:40 − Jury enters courtroom; Court reads instruction #33. 9:45−Jurors excused to deliberate.9:45− Court denies request by Mr Fox to change policy and keep exhibits after end of trial. Court Denies Mr Blooms Motion for Mistrial re curative instruction. Counsel argue−Objections made/Noted for the record.9:42−Note from jury; Counsel review questions. Court issues response. 3:10−Note from jury, 3:35−Counsel review questions. Court issues response.4:45−Jury excused for day, advised to return 3/3/08

02/29/2008 02/29/2008

at 9:00 for further deliberations. Counsel advised to contact clerk at 10:00 on 3/3/08 for status of trial.4:50−Court adjourned.Defendant remains on Bond. (PL, ) (Entered: 02/29/2008) 02/29/2008 358 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: P LeFrois; AUSA: A Freidman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day Fourteen as to Briana Waters held on 2/29/2008. 9:00 Jurors in deliberation.9:20 Mr Bloom motions for mistrial re referral to Exhibit 745. Government requests curative instruction. Court rules Exhibit #745 will not be admitted; Court Denies Motion for Mistrial. Counsel agree Stipulations not to be sent to jury. 9:40 − Jury enters courtroom; Court reads instruction #33. 9:45−Jurors excused to deliberate.9:45− Court denies request by Mr Fox to change policy and keep exhibits after end of trial. Court Denies Mr Blooms Motion for Mistrial re curative instruction. Counsel argue−Objections made/Noted for the record.9:42−Note from jury; Counsel review questions. Court issues response. 3:10−Note from jury, 3:35−Counsel review questions. Court issues response.4:45−Jury excused for day, advised to return 3/3/08 at 9:00 for further deliberations. Counsel advised to contact clerk at 10:00 on 3/3/08 for status of trial.4:50−Court adjourned. Defendant remains on bond. Jury Trial continues 3/3/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) (Entered: 03/03/2008) 359 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: P LeFrois; AUSA: A Freidman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day Fifteen as to Briana Waters held on 3/3/2008. 9:00 Jurors in deliberation.9:50 Counsel discuss fire in Woodinville &how it may impact jurors. Counsel give recommendations. Mr Bloom requests jurors be individually questioned; Governemnt states question jurors as whole.10:15− Jurors enter courtroom; Court questions panel, if story will influence any deliberations or if they can follow instructions previously made. No jurors respond of any problems. Jury excused to deliberate. Mr. Bloom, given the Courts approach, advises Defendant may want to Motion for Mistrial. Mr Bloom states he is unable to tell what individual jurors are thinking. Mr Bartlett states for the record, he saw jurors nod when Court asked if jurors could follow instructions. 10:20−Court in recess.10:40 Counsel and Ms Waters present. Mr Bloom Motions for Mistrial re issue with the arson fire in Woodinville.Mr Bartlett states for the record, the articles were on website not in newspapers. Court states the jury has been instructed, his ruling stands. Court Denies Motion for Mistrial. 4:30−Counsel present without jury. Mr Bloom requests instruction for jurors not to watch TV. No objection by Government.Jurors enter courtroom. Court advises not to discuss case, avoid TV or Radio Broadcasts. 4:35−Jurors excused.Counsel advised to report to clerk at 10:00.4:40−Court adjourned. Defendant remains on bond. Jury Deliiberations continues 3/4/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) (Entered: 03/04/2008) 360 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: P LeFrois; AUSA: A Friedman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day Sixteen as to Briana Waters held on 3/4/2008. 9:00 Jurors in deliberation.11:25−Note from Jury11:50 − Counsel present to review note; Court to issue response.4:30 Counsel and Defendant present; Mr Fox requests Court to again advise jurors to stay away from the media. Jurors enter; Court advises jurors not to discuss case and avoid any TV, Radio media.4:40 Jury excused.Counsel advised to report to clerk at 10:00.Court adjourned. Defendant remains on bond. Jury Deliberations continue 3/5/2006 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) (Entered: 03/04/2008) 361 SUPPLEMENTAL MATERIALS by Briana Waters in support of 359 Mistrial Motion (CMG, ) (Entered: 03/07/2008) 362 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: P LeFrois; AUSA: A Freidman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day Seventeen as to Briana Waters held on 3/5/2008. 9:00−Jurors in deliberation.4:45−Note from Jury.4:30−Counsel present to review note; Court issues response. 4:45− Jurors enter; Court questions jurors regarding decision/verdict. Court advises jurors to return 3/6/08 for further deliberations, not to discuss case and avoid any TV, Radio or media.4:50 Jury excused.Counsel advised to report to courtroom at 10:00.4:51−Court adjourned. Defendant remains on bond. Jury

03/03/2008

03/04/2008

03/04/2008 03/05/2008

Trial deliberations continues 3/6/2008 at 09:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) (Entered: 03/07/2008) 03/06/2008 363 Minute Entry for proceedings held before Judge Franklin D. Burgess − CRD: p LeFrois; AUSA: A Freidman/M Bartlett; Def Cnsl: N Fox/R Bloom; Court Reporter: Teri Hendrix; JURY TRIAL Day Eighteen completed on 3/6/2008. Finding Briana Waters (5) Guilty on Count 5ss and 7ss. 9:00 Jurors in deliberation.10:15− All parties present; Court advises a note will be sent to jurors re which counts are unanimous. Mr Fox requests jurors be advised if partial verdict reached, it is final. 10:20 Recess10:30− Jurors reach a Partial Verdict − Guilty on Count 5ss and 7ss; Jurors not able to reach a unanimous decision on Count 1, 4 and 6; Jury polled.10:42−Court advises jurors not to have contact with counsel without an order from the Court; Jurors Excused. 11:00 Government moves for Defendant to be remanded. Mr Bloom objects, states Defendant is no flight risk or danger to others. Mr Bloom motions for her release until Sentencing.Mr. Bloom states for the record non−frivolous issues for appeal. Mr Bartlett states his objections. Court denies motion for release. Defendant to be remanded. Court advises it is Defendants right to have a Detention Hearing, Counsel advised to review statutes 3143 and 3145. Recess−11:40.Court in session 2:26. Court denies Mr Foxs motion for Electronic Home Monitoring for Defendant until Detention Hearing. Judge Burgess is out of district several days next week; Detention Hearing set before Honorable J Kelley Arnold on 3/12/08 at 1:30 pm.Court denies Mr Foxs motion to contact the jurors regarding the Woodinville fires. Defendant remanded. Sentencing set for 5/30/2008 at 10:00 AM in C Courtroom before Hon. Franklin D. Burgess. (PL, ) (Entered: 03/07/2008) 364 NOTICE OF HEARING as to Briana Waters (cc: USPO, PTS, USMO) Detention Hearing set for 3/12/2008 at 01:30 PM in D Courtroom before Hon. J. Kelley Arnold. (PL, ) (Entered: 03/07/2008) 366 COURT'S JURY TRIAL WITNESS LISTS as to Briana Waters (PL, ) Modified on 3/11/2008 (PL, ). (Entered: 03/11/2008) 368 Court's Jury Instructions as to Briana Waters (PL, ) (Entered: 03/11/2008) 369 JURY VERDICT as to Briana Waters Guilty on counts 5 and 7. Not Guilty on counts 1,4 and 6. (cc: USPO, PTS) (PL, ) (Entered: 03/11/2008) 370 ORDER FOR SENTENCING PROCEDURE as to Briana Waters, Signed by Judge Franklin D. Burgess. (cc: USPO, PTS) (PL, ) (Entered: 03/11/2008) 367 COURT'S JURY TRIAL EXHIBIT LISTS as to Briana Waters (PL, ) Modified on 3/11/2008 (PL, ). (Entered: 03/11/2008) 371 MEMORANDUM In Opposition to Government's Motion for Detention by Briana Waters (Attachments: # 1 Exhibit Ex 1−4# 2 Exhibit Ex 5−7)(Fox, Neil) (Entered: 03/11/2008) 372 MEMORANDUM Government's Filing in Connection with Hearing to Detain Defendant Following Conviction by USA as to Briana Waters (Bartlett, Mark) (Entered: 03/12/2008) 373 Minute Entry for proceedings held before Judge J. Kelley Arnold − CRD: K Miller; AUSA: Mark Bartlett and Andrew Friedman; Def Cnsl: Robert Bloom and Neil Fox; PTS: Sarah Cavendish; Court Reporter: Teri Hendrix; Time of Hearing: 1:30 PM; Courtroom: D; DETENTION HEARING as to Briana Waters held on 3/12/2008. Parties argue the issue. Defendant ORDERED detained pending sentencing. Defendant remanded to custody. (KAM, ) (Entered: 03/13/2008) 374 MINUTE ORDER Re: Detention as to Briana Waters by Judge J. Kelley Arnold. (cc: USPO) cc: USMO; (KAM, ) (Entered: 03/13/2008) 375 MOTION for Extension of Time to File Motion Pursuant to FRCrP 29(c) by Briana Waters. Noting Date 3/13/2008.(Fox, Neil) (Entered: 03/13/2008) 376 MOTION Pursuant to FRCrP 29, 33 and 34 by Briana Waters. Noting Date 3/28/2008.(Fox, Neil) (Entered: 03/17/2008)

03/06/2008

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03/12/2008

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03/13/2008 03/13/2008 03/17/2008

03/17/2008

380 DISREGARD − POSTED IN ERROR −ORDER as to Briana Waters Setting date for Motion to be filed 375 − Defendant Waters' Motion for Judgment of Acquittal shall be filed no later than Friday, May 2, 2008 ; Signed by Judge Franklin D. Burgess. (PL, ) Modified on 3/24/2008 (PL ). (Entered: 03/24/2008) 377 ORDER finding as moot 375 Motion for Extension of Time; as to Briana Waters (5) by Judge Franklin D. Burgess.(BWM) (Entered: 03/18/2008) 378 Emergency MOTION Requesting Release from Custody Pending Sentencing by Briana Waters. Noting Date 3/20/2008.(Fox, Neil) (Entered: 03/20/2008) 379 MINUTE ORDER as to Briana Waters − The Government shall file a response by Wednesday, March 26, 2008 to Water's 378 MOTION Seeking Release from Custody Pending Sentencing. (cc: USPO) Reply due by 3/26/2008. (PL, ) (Entered: 03/21/2008) NOTICE of Docket Text Modification as to defendant Briana Waters re 380 Order, : DISREGARD − Clerk Posted in Error. (PL, ) (Entered: 03/24/2008) 381 RESPONSE, by USA as to Briana Waters, to 376 MOTION Pursuant to FRCrP 29, 33 and 34. (Friedman, Ronald) (Entered: 03/24/2008) 382 PRAECIPE to attach document re 380 Order, by USA as to Briana Waters (Attachments: # 1)(Friedman, Andrew) (Entered: 03/24/2008) 383 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of the Detention Hearing held on 3/12/2008 has been filed. This transcript is SEALED for 90 days following the filing date. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court reporter for a 90 day period. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. (PVO, ) (Entered: 03/25/2008)

03/18/2008 03/20/2008 03/21/2008

03/24/2008 03/24/2008 03/24/2008 03/24/2008

03/26/2008

384 MOTION TO FILE A BRIEF IN EXCESS OF TWELVE PAGES by USA as to Briana Waters. Noting Date 4/4/2008. (Attachments: # 1 Proposed Order)(Friedman, Andrew) (Entered: 03/26/2008) 385 RESPONSE TO APPEAL FROM MAGISTRATE JUDGE'S DETENTION ORDER by USA as to Briana Waters re 384 Motion for Miscellaneous Relief filed by USA, 379 Minute Order, Set Deadlines (Attachments: # 1 Exhibit 1 − Cover Page# 2 Transcript of Detention Hearing)(Friedman, Andrew) (Entered: 03/26/2008) 386 REPLY, by Briana Waters, TO RESPONSE to 378 Emergency MOTION Requesting Release from Custody Pending Sentencing (Attachments: # 1 Exhibit Documents from US v. Phillabaum)(Fox, Neil) (Entered: 03/27/2008) 387 STIPULATION Non−Prosecution Agreement and Agreement to Extend/Toll the Statute of Limitations by parties (Friedman, Andrew) (Entered: 03/27/2008) 388 ORDER granting 384 MOTION TO FILE A BRIEF IN EXCESS OF TWELVE PAGES as to Briana Waters(5), by Judge Franklin D. Burgess.(DF, ) (Entered: 03/28/2008) 389 ORDER denying 376 Motion Judgment of Acquittal, New Trial, Arrest of Judgment; as to Briana Waters (5) by Judge Franklin D. Burgess.(BWM) (Entered: 03/28/2008) 390 ORDER Affirming Magistrate Judge's Detention Order, re 378 Motion to Overrule Magistrate Judge's Detention Order and Release Waters Pending Sentencing; cc: USMO; as to Briana Waters (5) by Judge Franklin D. Burgess.(BWM) Additional attachment(s) added on 3/28/2008 (BWM, ). (Entered: 03/28/2008) 391 NOTICE of Corrected Image/Document as to defendant Briana Waters re 390 Order Affirming Magistrate Judge's Detention Order. (Service of corrected image is attached). (BWM) (Entered: 03/28/2008)

03/26/2008

03/27/2008

03/27/2008 03/27/2008

03/28/2008 03/28/2008

03/28/2008

04/01/2008

392 NOTICE OF APPEAL by Briana Waters re 390 Order on Motion for Miscellaneous Relief, (Fox, Neil) Modified on 4/2/2008, re−filed, see 393 (MW, ) (Entered: 04/01/2008) 393 NOTICE OF APPEAL #08−30114 by Briana Waters re 390 Order re Motion for release of D' Waters pending sentencing (Fox, Neil) Modified on 4/17/2008−add appeal number &text (MW, ). (Entered: 04/02/2008) NO Appeal Fees: aplt granted IFP in CA, CJA counsel, as to Briana Waters re 393 Notice of Appeal : (MW, ) (Entered: 04/02/2008) 394 TIME SCHEDULE ORDER as to 393 Notice of Appeal filed by Briana Waters. A non−designation will be filed, or the transcript(s) will be ordered by 4/23/08; Transcripts due by 5/23/08; Appellant opening brief due by 7/2/08; Appellee response brief due by 8/1/08; Appellant optional reply brief due by 8/15/08. (MW, ) Modified on 4/11/2008−the time schedule order is vacated, 9(a) detention appeal (MW, ). (Entered: 04/02/2008) 395 APPEAL NOTIFICATION packet as to Briana Waters sent to US Court of Appeals re 393 Notice of Appeal (Attachments: # 1 docket report)(MW, ) (Entered: 04/02/2008) 396 MOTION for Reconsideration Re Juror Contact by Briana Waters. Noting Date 4/11/2008. (Attachments: # 1 Exhibit Selections from Transcript)(Fox, Neil) (Entered: 04/07/2008) 397 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of the Proceedings held on 3/6/2008 has been filed. This transcript is SEALED for 90 days following the filing date. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court reporter for a 90 day period. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. (PVO, ) (Entered: 04/08/2008)

04/02/2008

04/02/2008 04/02/2008

04/02/2008

04/07/2008

04/07/2008

04/08/2008 04/11/2008 04/17/2008 04/22/2008

398 ORDER denying 396 Motion for Reconsideration Re Juror Contact as to Briana Waters (5) by Judge Franklin D. Burgess.(BWM) (Entered: 04/08/2008) NOTICE of Docket Text Modification as to defendant Briana Watersre 394 Time Schedule Order, : vacated time schedule order (MW, ) (Entered: 04/11/2008) 399 ORDER of USCA as to Briana Waters re 393 Notice of Appeal #08−30114, governed by FRAP 9(a) (MW, ) (Entered: 04/17/2008) 400 MOTION to Unseal Document by USA as to Briana Waters. Noting Date 5/2/2008. (Attachments: # 1 Proposed Order to Unseal)(Friedman, Andrew) (Entered: 04/22/2008) 401 Order Unsealing Documents 400 as to Briana Waters re documents 201 Sealed Document and 178 Sealed Document, by Judge Franklin D. Burgess. (CMG, ) (Entered: 04/22/2008) 402 ORDER of USCA as to Briana Waters re 393 Notice of Appeal #08−30114, LIMITED REMAND of appeal to US District Court (MW, ) (Entered: 04/23/2008) 403 PROPOSED ORDER (Unsigned) re 402 Order of USCA, 385 Response (non motion), Response (non motion) filed by USA United States' Proposed Findings of Fact and Conclusions of Law Concerning Detention Pending Sentencing (Friedman, Andrew) (Entered: 04/28/2008) 404 ORDER In Response to 402 Remand for Limited Purpose to Clarify Basis for Detention as to Briana Waters by Judge Franklin D. Burgess. (SPH, ) (Entered: 04/28/2008)

04/22/2008

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04/28/2008

04/29/2008

405 Letter from Robert Bloom with copies of other letters written on behalf of Defendant, Brana Waters, for consideration of the Court in imposing sentence. (PL, ) (Entered: 04/29/2008) 406 USCA Case Number as to Briana Waters 08−30114 for 393 Notice of Appeal filed by Briana Waters. (MW, ) (Entered: 05/02/2008) NOTICE of Docket Text Modification as to defendant Briana Watersre 285 Notice of Filing of Official Transcript,,,,, : unsealed transcript (PVO, ) (Entered: 05/05/2008) 407 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 1, held on 2/11/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008)

05/02/2008 05/05/2008 05/05/2008

05/05/2008

408 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 2 held on 2/12/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008)

05/05/2008

409 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 3 held on 2/13/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008)

05/05/2008

410 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 4 held on 2/14/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal.

Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008) 05/05/2008 411 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 5 held on 2/15/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008) 05/05/2008 412 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 6 held on 2/19/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008) 05/05/2008 413 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 7 held on 2/20/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008) 05/05/2008 414 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 8 held on 2/21/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008) 05/05/2008 416 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 9 held on 2/22/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008) 05/05/2008 417 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 10 held on 2/25/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008) 05/05/2008 418 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 11 held on 2/26/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar

days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008) 05/05/2008 419 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 12 held on 2/27/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008) 05/05/2008 420 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 13 held on 2/28/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008) 05/05/2008 421 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 14 held on 2/29/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008)

05/05/2008

423 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 15 held on 3/3/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008)

05/05/2008

424 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 16 held on 3/4/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008)

05/05/2008

425 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 17 held on 3/5/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008)

05/05/2008

426 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Vol 18 held on 3/6/2008 before Judge Franklin D. Burgess. 393 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be

found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 8/4/2008; (PVO, ) (Entered: 05/08/2008) 05/08/2008 05/08/2008 05/13/2008 415 ORDER of USCA as to Briana Waters re 393 Notice of Appeal #08−30114; US District Court's detention order is Affirmed. (PVO, ) (Entered: 05/08/2008) 422 MOTION to Dismiss Count(s) 1, 4, and 6 by USA as to Briana Waters Noting Date 5/16/2008; (Friedman, Andrew) (Entered: 05/08/2008) NOTICE of Docket Text Modification as to defendant Briana Waters re 309 Notice of Filing of Official Transcript 315 Notice of Filing of Official Transcript, 313 Notice of Filing of Official Transcript,: unsealed Transcript (PVO, ) (Entered: 05/13/2008) NOTICE of Docket Text Modification as to defendant Briana Watersre 319 Notice of Filing of Official Transcript,: unsealed Transcript (PVO, ) (Entered: 05/15/2008) 427 CRIMINAL ORDER OF DISMISSAL without prejudice as to Counts 1, 4 and 6 of Fourth Superseding Indictment against Briana Waters; by Judge Franklin D. Burgess. (cc: PTS, USMO) (RM, ) (Entered: 05/15/2008) NOTICE of Docket Text Modification as to defendant Briana Watersre 326 Notice of Filing of Official Transcript, 322 Notice of Filing of Official Transcript, 327 Notice of Filing of Official Transcript, : unsealed Transcript (PVO, ) (Entered: 05/20/2008) SENTENCING HEARING CONTINUED as to Briana Waters: Pursuant to the request and agreement of Counsel, to accommodate a scheduling conflict, the sentencing hearing is rescheduled for 6/2/2008 at 09:00 AM in C Courtroom before Judge Franklin D. Burgess. The Presentence Report is due no later than 5/23/2008. Counsel shall file their Sentencing Memorandum no later than 5/27/2008. (RM, ) (Entered: 05/21/2008) NOTICE of Docket Text Modification as to defendant Briana Watersre 337 Notice of Filing of Official Transcript: unsealed Transcript (PVO, ) (Entered: 05/21/2008) 428 Letter from Supporters regarding Briana Waters as to defendant Briana Waters (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit Part 4, # 5 Exhibit Part 5, # 6 Exhibit Part 6)(Fox, Neil) (Entered: 05/26/2008) 429 SENTENCING MEMORANDUM and Motion to Depart from Sentencing Guidelines by Briana Waters (Attachments: # 1 Exhibit Objections to Presentence Report, # 2 Exhibit Indictment from Eastern District of CA, # 3 Exhibit Selections from Ms. Kolar's Testimony, # 4 Exhibit Certification of Leigh Hearon, # 5 Exhibit Solondz Credit Records, # 6 Exhibit UW Loss Amount, # 7 Exhibit Selections from Gov't Sentencing Memo in OR, # 8 Exhibit Selection from Savoie Sentencing Transcript)(Fox, Neil) (Entered: 05/27/2008) NOTICE of Docket Text Modification as to defendant Briana Watersre 354 Notice of Filing of Official Transcript, 353 Notice of Filing of Official Transcript, 343 Notice of Filing of Official Transcript: unsealed Transcript (PVO, ) (Entered: 05/27/2008) 430 MEMORANDUM Regarding Terrorism Enhancement by Briana Waters re 429 Sentencing Memorandum,, filed by Briana Waters (Attachments: # 1 Exhibit 1975 Guardian Article, # 2 Exhibit Except from McGowan Plea, # 3 Exhibit Phillabaum Testimony, # 4 Exhibit Instructions Nos. 24 &26)(Fox, Neil) (Entered: 05/27/2008) 431 SENTENCING MEMORANDUM by USA as to Briana Waters (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)(Friedman, Andrew) (Entered: 05/27/2008) 432 NOTICE Correction to Defendant's Sentencing Memorandum by Briana Waters re 429 Sentencing Memorandum,, (Fox, Neil) (Entered: 05/27/2008) 433 EXHIBIT Impeachment Materials Re: Stanislas Meyerhoff by Briana Waters re 429 Sentencing Memorandum,, (Fox, Neil) (Entered: 05/29/2008)

05/15/2008 05/15/2008

05/20/2008

05/21/2008

05/21/2008 05/26/2008

05/27/2008

05/27/2008

05/27/2008

05/27/2008

05/27/2008 05/29/2008

05/29/2008 05/29/2008

434 MOTION to Seal Document by Briana Waters. (Attachments: # 1 Proposed Order) Noting Date 5/29/2008; (Fox, Neil) (Entered: 05/29/2008) 435 SEALED DOCUMENT Sealed Exhibits by Briana Waters re 434 MOTION to Seal Document (Attachments: # 1 Exhibit Nos. 2, 3, 4, # 2 Exhibit Ex. 10 Yee Certification and Photos)(Fox, Neil) (Entered: 05/29/2008) 436 MOTION to Continue Sentencing by Briana Waters. (Attachments: # 1 Exhibit Letter from Mr. Bartlett) Noting Date 6/2/2008; (Fox, Neil) (Entered: 05/30/2008) 437 RESPONSE, by USA as to Briana Waters, to 436 MOTION to Continue Sentencing. (Friedman, Andrew) (Entered: 05/30/2008) 438 MINUTE ORDER as to Briana Waters − Granting the 434 MOTION to Seal Document filed by Briana Waters. The 435 Sealed Document shall remain sealed. (cc: USPO), (PL, ) (Entered: 05/30/2008) 439 REPLY, by Briana Waters, TO RESPONSE to 436 MOTION to Continue Sentencing (Fox, Neil) (Entered: 05/30/2008) 440 NOTICE as to Briana Waters; The Sentencing Hearing scheduled for 6/02/08 is STRICKEN. Clerk shall reschedule at a later date. Defendant to remain detained pending further order of the Court. (PL, ) (Entered: 05/30/2008) 441 MANDATE of USCA (certified copy) as to Briana Waters re 393 Notice of Appeal 08−30114; Judgment entered on 5/8/08, Affirming US District Court's detention order, takes effect this date. (PVO) (Entered: 06/02/2008) HEARING CONTINUED as to Briana Waters: The Sentencing set for 6/02/2008 is continued to 6/19/2008 at 09:00 AM in C Courtroom before Judge Franklin D. Burgess. The Presentence Report is due no later than 6/11/2008. Counsel shall file their Sentencing Memorandum no later than 6/13/2008. (PL) (Entered: 06/10/2008) 442 MOTION Release Pending Appeal by Briana Waters. Noting Date 6/19/2008; (Fox, Neil) (Entered: 06/12/2008) 443 STATEMENT of Defendant by Briana Waters (Fox, Neil) (Entered: 06/12/2008) 444 PROPOSED ORDER (Unsigned) (Attachments: # 1 Proposed Order Re PSR, # 2 Proposed Order Re: Designation, # 3 Proposed Order RE: Release)(Fox, Neil) (Entered: 06/17/2008) 445 MOTION to Seal Document by Briana Waters. (Attachments: # 1 Proposed Order) Noting Date 6/19/2008; (Fox, Neil) (Entered: 06/18/2008) 446 SEALED DOCUMENT Guilty Plea Documents Suzanne Savoie by Briana Waters re 445 MOTION to Seal Document (Fox, Neil) (Entered: 06/18/2008) 447 MINUTE ORDER as to Briana Waters − The 445 MOTION to Seal Document 446 filed by Briana Waters, is GRANTED and shall remain sealed until further order of the Court. (cc: USPO) (PL) (Entered: 06/19/2008) 448 NOTICE OF APPEAL #08−30222 by Briana Waters. Filing Fee:. (Fox, Neil) Modified on 6/20/2008−added appeal number(PVO). (Entered: 06/19/2008) 449 Minute Entry for proceedings held before Judge Franklin D. Burgess− CRD: P LeFrois; AUSA: r Friedman/Mark Bartlett; Def Cnsl: Neil Fox / R Bloom−not present; USPO: Kalen Thomas; Court Reporter: Julaine Ryen; SENTENCING held on 6/19/2008 for Briana Waters (5), Counts 1, 1s, 1ss, 4s, 4ss, 5, 5s, 6, 6s, 6ss, Dismissed;Convicted on Counts 5ss, 7ss. Court states all reports, letters and memorandums reviewed. Mr Bartlett addresses the Court regarding following issues: 10 years extremely lenient, "terrorism enhancement", seriousness of action, expense to students, faculty and community, states objections to Defendant's response to PSR, Defendant's perjury and not taking responsibility of actions. Mr Fox addresses the Court regarding following issues: objections to Government's statements, Ms Water's life and dedication to family and community, concern for others, disagreement but acceptance of jury verdict, plans to appeal, objections to 302 report of Stan Meyerhoff, conviction of only 1 arson, conviction as an accomplice not conspiracy, "terrorism enhancement", power of Court to suspend mandatory minimum sentence,

05/30/2008 05/30/2008 05/30/2008

05/30/2008 05/30/2008

06/02/2008

06/10/2008

06/12/2008 06/12/2008 06/17/2008

06/18/2008 06/18/2008 06/19/2008

06/19/2008 06/19/2008

requests 5 years and suspension of 3 years, request for placement at Dublin, CA. and appeal bond. Ms Waters, Marilyn Waters−Mother, John Landgraf−partner and Linda Chalker−Scott−UW victim address the Court. Parties discuss guidelines. Court believes that "enhancement of terrorism" is accepted/utilized. Court declines to grant "obstruction of judgment" enhancement and involvement with the "Susanville" arson. Court is bound to mandatory−not going to suspend, also dealing with large restitution amount. Court orders Probation officer to delete any referrals to " Susanvile" arson and reference to the "family". Court will recommend incarceration at Dublin, CA, however denies signing/attaching the proposed order by Defedant. Court will not address appeal bond at this hearing. Mr Friedman states Ms Waters is not eligible for release, CCA affirmed the Courts' decision and there are no changes to warrant her release. JUDGMENT= Court imposes 72 Months Incarceration for Count 5 and 7 of the Indictment, 3 Years Supervised Release with Standard and Special conditions, $200.00 Special Assessment, No Fine, $6,092,649.95 Restitution −Joint and Several with Lacey Phillabaum and Jennifer Kolar, recommendation for placement at Dublin, CA. Written Judgment presented/accepted. Appeal rights advised.− Defendant remanded to custody. (PL) Modified wording on 6/23/2008 (PL). (Entered: 06/20/2008) 06/19/2008 06/20/2008 NO Appeal Fees: appellant granted IFP 6/22/06 as to Briana Waters re 448 Notice of Appeal : (MW) (Entered: 06/20/2008) 450 JUDGMENT IN A CRIMINAL CASE as to Briana Waters, Signed by Judge Franklin D. Burgess. (cc: USPO, PTS, FLU, Fin., USMO, Sea Tac Det) (PL) (Entered: 06/20/2008) 451 TIME SCHEDULE ORDER as to 448 Notice of Appeal filed by Briana Waters. A non−designation will be filed, or the transcript(s) will be ordered by 7/11/08; Transcripts due by 8/11/08; Appellant opening brief due by 9/22/08; Appellee response brief due by 10/22/08; Appellant optional reply brief due by 11/5/08. (MW) (Entered: 06/20/2008) 452 APPEAL NOTIFICATION packet as to Briana Waters sent to US Court of Appeals re 448 Notice of Appeal (Attachments: # 1 docket report)(MW) (Entered: 06/20/2008) 453 USCA Case Number as to Briana Waters 08−30222 for 448 Notice of Appeal filed by Briana Waters. (PVO) (Entered: 06/20/2008) NOTICE of Docket Text Modification as to defendant Briana Watersre 383 Notice of Filing of Official Transcript: unsealed Transcript (PVO) (Entered: 06/24/2008) 454 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Sentencing held on 6/19/2008 before Judge Franklin D. Burgess. 448 Notice of Appeal. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Julaine Ryen by telephone at 253−882−3832. Release of Transcript Restriction set for 9/23/2008; (PVO) (Entered: 06/26/2008) 06/27/2008 455 AMENDED NOTICE OF APPEAL by Briana Waters re 450 Judgment. (Fox, Neil) Modified on 6/30/2008−add text (MW). Modified on 6/30/2008 re−filed, see 456 (MW). (Entered: 06/27/2008) 456 SECOND AMENDED NOTICE OF APPEAL by Briana Waters re 450 Judgment. Filing Fee:. (Fox, Neil) Modified on 6/30/2008−add text (MW). (Entered: 06/27/2008)

06/20/2008

06/20/2008

06/20/2008 06/24/2008 06/25/2008

06/27/2008

06/30/2008

457 AMENDED APPEAL NOTIFICATION packet as to Briana Waters sent to US Court of Appeals re 456 Notice of Appeal (Attachments: # 1 docket report)(MW) (Entered: 06/30/2008) 458 ORDER of USCA as to Briana Waters re 393 Notice of Appeal #08−30114, 448 Notice of Appeal #08−30222; aplt's mtn for bail pending appeal (#08−30114) is DENIED; briefing schedule established previously shall remain in effect (MW) (Entered: 07/02/2008) NOTICE of Docket Text Modification as to defendant Briana Watersre 397 Notice of Filing of Official Transcript, unsealed transcript (MW) (Entered: 07/07/2008) 459 ORDER of USCA as to Briana Waters re 456 Amended Notice of Appeal, 448 Notice of Appeal #08−30222; mtn of Neil Fox to w/draw as counsel is granted; Dennis Riordan entered as aplt's retained counsel; aplt to show cause why IFP status should not be revoked and why case should not be referred to District Court to determine whether aplt should reimburse CJA Fund; briefing schedule remains in effect (MW) (Entered: 07/15/2008) 460 TRANSCRIPT DESIGNATION FORM by Briana Waters for proceedings held on 1/29/08−6/19/08 Requesting Attorney: Robert Jay Bloom. (PVO) (Entered: 08/05/2008) Set/Reset Deadlines as to Briana Waters re 448 Notice of Appeal : term transcript deadlines (MW) (Entered: 08/14/2008) 461 ORDER of USCA as to Briana Waters re 448 Notice of Appeal #08−30222; court has recd aplt's response to the 7/10/08 order to show cause; aplt's mtn to seal the response is denied; aplt to retain IFP status on appeal−Robert Bloom to be appointed counsel; briefing schedule entered previously remains in effect (MW) (Entered: 08/12/2008) Set/Reset Deadlines as to Briana Waters re 456 Notice of Appeal, 393 Notice of Appeal, 448 Notice of Appeal : (PVO) (Entered: 08/14/2008) 462 ORDER of USCA regarding briefing schedule, certificate of record, oversized brief, and captions as to Briana Waters re 448 Notice of Appeal #08−30222. (PVO) (Entered: 09/17/2008) 463 CERTIFICATE OF RECORD Transmitted to USCA as to Briana Waters re 448 Notice of Appeal 08−30222 (PVO) (Entered: 09/17/2008) 464 MOTION for recommendation to the Attorney General on Placement pending Appeal by Briana Waters. (Attachments: # 1 Proposed Order) Noting Date 10/3/2008 (CMG) (Entered: 10/01/2008) 465 RESPONSE, by USA as to Briana Waters, to 464 MOTION for recommendation to the Attorney Gneerla on Placement pending Appeal. (Friedman, Andrew) (Entered: 10/03/2008) 466 ORDER denying 464 Motion that Court Recommend confinement near place of appeal; as to Briana Waters (5) by Judge Franklin D. Burgess.(BWM) (Entered: 10/06/2008) 467 ORDER of USCA as to Briana Waters re 448 Notice of Appeal #08−30222; aplt's frivolous mtn for partial summary judgment &remand is denied (MW) (Entered: 12/05/2008) 468 MOTION/Letter to Amend/Modify Judgment regarding restitution by Briana Waters. Noting Date 11/13/2009, (Clerk noted motion)(PL) (Entered: 10/27/2009) 469 RESPONSE, by USA as to Briana Waters, to 468 MOTION to Amend Judgment. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Friedman, Andrew) (Entered: 11/13/2009) 470 RESPONSE, by Briana Waters, to 468 MOTION to Amend Judgment. (Fox, Neil) (Entered: 11/13/2009) 471 Certificate of Service by USA as to Briana Waters re 469 Response to Motion to Reduce Restitution Payments (Friedman, Andrew) (Entered: 11/13/2009)

07/01/2008

07/07/2008 07/10/2008

08/04/2008

08/04/2008 08/07/2008

08/14/2008 09/17/2008

09/17/2008 09/25/2008

10/03/2008

10/06/2008

12/05/2008

10/01/2009 11/13/2009

11/13/2009 11/13/2009

11/13/2009 12/14/2009

472 Certificate of Service by USA as to Briana Waters re 471 Certificate of Service (Friedman, Andrew) (Entered: 11/13/2009) 473 ORDER DIRECTING RETURN OF PASSPORT TO US DEPARTMENT OF STATE as to Briana Waters by Judge Franklin D. Burgess. This expired travel document will be forwarded to the US Department of State for final disposal. (cc: PTS and Passport Clk) (KAM) (Entered: 12/15/2009) Return of Passport to the Passport Legal Office, pursuant to Order (dkt #473), as to Briana Waters. Passport issued by United States. (PV) (Entered: 12/28/2009) 474 Letter from Briana Waters regarding Restitution payments as to defendant Briana Waters. (PL) (Entered: 01/04/2010) 475 ORDER denying 468 Motion to Amend Judgment to Modify Restitution Schedule; cc: USPO, USMO; as to Briana Waters (5) by Judge Franklin D. Burgess.(SPH) (Entered: 01/14/2010) 476 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury voir dire held on 2/11/2008 before Judge Franklin D Burgess. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Teri Hendrix by telephone at 253−882−3831. Release of Transcript Restriction set for 5/24/2010, (MW) (Entered: 02/24/2010)

12/28/2009 12/30/2009 01/14/2010

02/23/2010

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