Case details

Court: cacd
Docket #: 2:11-cr-00833
Case Name: USA v. Mihalik
PACER case #: 511083
Date filed: 2011-08-30
Date terminated: 2013-04-05
Assigned to: Judge Josephine L. Staton

Parties

Represented Party Attorney & Contact Info
Oytun Ayse Mihalik
Defendant (1)
TERMINATED: 04/05/2013 also known asAyse Mihalik TERMINATED: 04/05/2013 also known asAyse Oytun Atkin TERMINATED: 04/05/2013 also known asCindy Palmer TERMINATED: 04/05/2013		 
Alan Eisner
Eisner Gorin LLP
14401 Sylvan Street Suite 112
Van Nuys, CA 91401
818-781-1570
Fax: 818-781-5033
Email: alan@EGattorneys.com
ATTORNEY TO BE NOTICED
Designation: Retained

Alicia Y Blanco
Law Offices of Alicia Blanco
3607 West Magnolia Boulevard Suite F
Burbank, CA 91505
747-477-4749
Email: ali@ablancolaw.com
TERMINATED: 08/31/2011

Ashfaq G Chowdhury
Federal Public Defenders Office
321 East 2nd Street
Los Angeles, CA 90012
213-894-1456
Fax: 213-894-0081
Email: ron_chowdhury@fd.org
TERMINATED: 09/15/2011

Errol H Stambler
Errol H Stambler Law Offices, P.L.C.
10880 Wilshire Boulevard Suite 1050
Los Angeles, CA 90024
310-473-4525
Fax: 310-475-8187
Email: estambler@msn.com
ATTORNEY TO BE NOTICED
Designation: Retained

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-08-29 1 0 COMPLAINT filed as to Defendant Oytun Ayse Mihalik in violation of 18:1001. Approved by Magistrate Judge Fernando M. Olguin as to Oytun Ayse Mihalik (1). (sj) [2:11-mj-02014-DUTY] (Entered: 08/31/2011)
2011-08-29 2 0 NOTICE OF REQUEST FOR DETENTION filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (sj) [2:11-mj-02014-DUTY] (Entered: 08/31/2011)
2011-08-29 3 0 REPORT COMMENCING CRIMINAL ACTION as to Defendant Oytun Ayse Mihalik; defendants Year of Birth: 1972; date of arrest: 8/27/2011 (sj) [2:11-mj-02014-DUTY] (Entered: 08/31/2011)
2011-08-29 4 0 MINUTES OF INITIAL APPEARANCE ON LOCAL COMPLAINT held before Magistrate Judge Frederick F. Mumm as to Defendant Oytun Ayse Mihalik. Defendant arraigned and advised of the charges. Defendant states true name as Asye Oytun Mihalik. Attorney: Alicia Y Blanco for Oytun Ayse Mihalik, Deputy Federal Public Defender, present. Court orders defendant temporarily detained. Defendant remanded to the custody of the U.S. Marshal. Detention Hearing set for 9/1/2011 10:00 AM before Magistrate Judge Frederick F. Mumm. Court Smart: CS 8/29/2011. (sj) [2:11-mj-02014-DUTY] (Entered: 08/31/2011)
2011-08-29 5 0 ABSTRACT OF COURT PROCEEDING Issued by Magistrate Judge Frederick F. Mumm as to Oytun Ayse Mihalik. Recommended that the defendant be allowed to participate in religious activity - last day of Ramodan. (sj) [2:11-mj-02014-DUTY] (Entered: 08/31/2011)
2011-08-31 6 0 NOTICE OF APPEARANCE OR REASSIGNMENT of Deputy Public Defender Ashfaq G Chowdhury on behalf of Defendant Oytun Ayse Mihalik. Filed by Defendant Oytun Ayse Mihalik. (Chowdhury, Ashfaq) [2:11-mj-02014-DUTY] (Entered: 08/31/2011)
2011-08-29 7 0 FINANCIAL AFFIDAVIT filed as to Defendant Oytun Ayse Mihalik. (sj) [2:11-mj-02014-DUTY] (Entered: 08/31/2011)
2011-09-01 9 0 NOTICE of Manual Filing of Unopposed Ex Parte Application To Seal (Under Seal); [Proposed] Order Sealing Document; Memorandum in Support of Defendant Oytun Mihaliks Opposition to Governments Request for Detention filed by Defendant Oytun Ayse Mihalik (Chowdhury, Ashfaq) [2:11-mj-02014-DUTY] (Entered: 09/01/2011)
2011-08-30 10 0 INDICTMENT Filed as to Oytun Ayse Mihalik (1) count(s) 1. Offense occurred in LA. (sj) (Entered: 09/02/2011)
2011-08-30 11 0 EX PARTE APPLICATION FOR ORDER SEALING DOCUMENT; Filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik(sj) (Entered: 09/02/2011)
2011-08-30 12 0 ORDER by Magistrate Judge Ralph Zarefsky: granting 11 Ex Parte Application to Seal Case as to Oytun Ayse Mihalik (1) (sj) (Entered: 09/02/2011)
2011-08-30 13 0 CASE SUMMARY filed by AUSA Judith A Heinz as to Defendant Oytun Ayse Mihalik; defendants Year of Birth: 1972 (sj) (Entered: 09/02/2011)
2011-08-30 14 0 MEMORANDUM filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik. Re: Magistrate Judge Jacqueline Chooljian, Magistrate Judge Patrick J Walsh, Magistrate Judge Sheri Pym and Magistrate Judge Michael Wilner. (sj) (Entered: 09/02/2011)
2011-08-31 15 0 EXPARTE APPLICATION FOR ORDER SEALING DOCUMENT; as to Defendant Oytun Ayse Mihalik. Filed by Plaintiff USA (sj) (Entered: 09/02/2011)
2011-08-31 16 0 ORDER by Magistrate Judge Fernando M. Olguin: granting 15 Exparte Application to Seal Document as to Oytun Ayse Mihalik (1) (sj) (Entered: 09/02/2011)
2011-08-31 17 0 GOVERNMENT'S UNOPPOSED EX PARTE APPLICATION FOR PROTECTIVE ORDER; Filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik(sj) (Entered: 09/02/2011)
2011-08-31 18 0 ORDER by Magistrate Judge Fernando M. Olguin: granting 17 Ex Parte Application for Order as to Oytun Ayse Mihalik (1) (sj) (Entered: 09/02/2011)
2011-09-01 19 0 MINUTES OF Detention Hearing held before Magistrate Judge Frederick F. Mumm as to Defendant Oytun Ayse Mihalik, The Court Orders the defendant permanently detained. Court Smart: CS 9/1/11. (mhe) (Entered: 09/06/2011)
2011-09-01 20 0 NOTICE DIRECTING DEFENDANT TO APPEAR for Preliminary Hearing and Arraignment on Indictment/Information. Defendant Oytun Ayse Mihalik is directed to appear for Preliminary Hearing on 9/12/11 at 4:30 pm and for Post Indictment Arraignment on 9/19/11 at 8:30 AM before the Duty Magistrate Judge. (mhe) (Entered: 09/06/2011)
2011-09-01 21 0 ORDER OF DETENTION by Magistrate Judge Frederick F. Mumm as to Defendant Oytun Ayse Mihalik, (mhe) (Entered: 09/06/2011)
2011-09-02 22 0 SEALED DOCUMENT - UNOPPOSED EX PARTE APPLICATION TO FILE UNDER SEAL; Filed by Defendant Oytun Ayse Mihalik(sj) Modified on 9/27/2011 (sm). (Entered: 09/07/2011)
2011-09-02 23 0 SEALED DOCUMENT - MEMORANDUM in Support of UNOPPOSED EX PARTE APPLICATION for Order 22 filed by Defendant Oytun Ayse Mihalik. (sj) Modified on 9/27/2011 (sm). (Entered: 09/07/2011)
2011-09-02 24 0 ORDER by Magistrate Judge Fernando M. Olguin: granting 22 Ex Parte Application for Order as to Oytun Ayse Mihalik (1) (mhe) (Entered: 09/07/2011)
2011-09-09 25 0 MINUTES OF IN CHAMBERS ORDER CONTINUING PRELIMINARY HEARING by Magistrate Judge Jay C. Gandhi: as to Defendant Oytun Ayse Mihalik. On its own motion, the Court hereby continues the preliminary hearing in this matter until 2:00 p.m. on Thursday, September 15, 2011 in Courtroom 827-A of the United States Courthouse, 8th floor, 312 North Spring Street, Los Angeles, California 90012. IT IS SO ORDERED. (bem) (Entered: 09/13/2011)
2011-09-14 26 0 MINUTES OF IN CHAMBERS ORDER VACATING PRELIMINARY HEARING by Magistrate Judge Jay C. Gandhi: as to Defendant Oytun Ayse Mihalik 25 . On its own motion, the Court hereby now, in light of the indictment returned by the grand jury, VACATES the preliminary hearing scheduled for Thursday, September 15, 2011 at 2 p.m. [See Dkt. No. 10]; 18 U.S.C. § 3060(e) ("No preliminary examination... shall be required... if at any time subsequent to the initial appearance... an indictment is returned."); U.S. v. DeRosa, 670 F.2d 889, 897 n. 8 (9th Cir. 1982) ("The return of a grand jury indictment obviates the need for a preliminary hearing."); U.S. v. Anderson, 481 F.2d 685, 691 (4th Cir. 1973) ("Nor can a defendant demand a preliminary hearing after indictment..."). IT IS SO ORDERED. (bem) (Entered: 09/14/2011)
2011-09-19 27 0 CRIMINAL MOTION AND TRIAL ORDER by Judge Jacqueline H. Nguyen as to Defendant Oytun Ayse Mihalik: TRIAL DATE: October 25, 2011 at 8:30 a.m. (ama) (Entered: 09/19/2011)
2011-09-19 28 0 DESIGNATION AND APPEARANCE OF COUNSEL; filed by Alan Eisner appearing for Oytun Ayse Mihalik (tba) (Entered: 09/20/2011)
2011-09-19 29 0 STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Oytun Ayse Mihalik (tba) (Entered: 09/20/2011)
2011-09-15 30 0 REQUEST FOR APPROVAL OF SUBSTITUTION OF attorney Alan Eisner in place of attorney Ron Chowdhury Filed by Defendant Oytun Ayse Mihalik (mhe) (Entered: 09/20/2011)
2011-09-15 31 0 ORDER by Magistrate Judge Suzanne H. Segal: granting 30 Request for Approval of Substitution of Attorney Attorney Ashfaq G Chowdhury terminated as to Oytun Ayse Mihalik (1) (mhe) (Entered: 09/20/2011)
2011-09-19 32 0 MINUTES OF POST-INDICTMENT ARRAIGNMENT: held before Magistrate Judge Ralph Zarefsky as to Defendant Oytun Ayse Mihalik (1) Count 1. Defendant arraigned, states true name: As charged. Defendant entered not guilty plea to all counts as charged. Attorney: Alan Eisner, Retained present. Case assigned to Judge Jacqueline H. Nguyen. Jury Trial set for 10/25/2011 08:30 AM before Judge Jacqueline H. Nguyen. Court Smart: CS09/19/2011. (tba) (Entered: 09/20/2011)
2011-09-23 33 0 NOTICE of Intent to Use Foreign Intelligence Surveillance Act Information filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 09/23/2011)
2011-09-30 34 0 EX PARTE APPLICATION for Order for PROTECTIVE ORDER Filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Attachments: # 1 Proposed Order PROTECTIVE ORDER)(Heinz, Judith) (Entered: 09/30/2011)
2011-09-30 35 0 PROTECTIVE ORDER by Judge Jacqueline H. Nguyen: granting 34 Ex Parte Application for Order for Protective Order as to Oytun Ayse Mihalik (1). (ama) (Entered: 09/30/2011)
2011-10-11 36 0 NOTICE of Manual Filing of UNDER SEAL DOCUMENT filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 10/11/2011)
2011-10-13 37 0 NOTICE of INTENT TO INVOKE CLASSIFIED INFORMATION PROCEDURES ACT (CIPA) filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 10/13/2011)
2011-10-13 38 0 STIPULATION to Continue TRIAL DATE from OCTOBER 25, 2011 to NOVEMBER 29, 2011 filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Attachments: # 1 Proposed Order CONTINUING TRIAL DATE AND FINDINGS REGARDING EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACT)(Heinz, Judith) (Entered: 10/13/2011)
2011-10-14 39 0 ORDER CONTINUING TRIAL DATE AND FINDINGS REGARDING EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACT by Judge Jacqueline H. Nguyen as to Defendant Oytun Ayse Mihalik: Jury Trial continued to 11/29/2011 08:30 AM before Judge Jacqueline H. Nguyen. (ama) (Entered: 10/14/2011)
2011-10-13 40 0 ORDER ALLOWING DISCLOSURE OF GRAND JURY TESTIMONY by Judge Jacqueline H. Nguyen as to Defendant Oytun Ayse Mihalik. (rrey) (Entered: 10/17/2011)
2011-10-13 41 0 SEALED DOCUMENT- Government's Unopposed Exparte Application for an Order Allowing Disclosure of Grand Jury Testimony; Memorandum of Points and Authorities; Declaration of Judith A. Heinz. (mat) (Entered: 10/19/2011)
2011-11-14 42 0 STIPULATION to Continue TRIAL DATE from NOVEMBER 29, 2011 to FEBRUARY 14, 2012 filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Attachments: # 1 Proposed Order CONTINUING TRIAL DATE AND FINDINGS REGARDING EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACT)(Heinz, Judith) (Entered: 11/14/2011)
2011-11-14 43 0 NOTICE OF IN CAMERA FILING filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 11/14/2011)
2011-11-15 44 0 ORDER CONTINUING TRIAL DATE AND FINDINGS REGARDING EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACT by Judge Jacqueline H. Nguyen as to Defendant Oytun Ayse Mihalik: Jury Trial continued to 2/14/2012 08:30 AM before Judge Jacqueline H. Nguyen. The time period of November 29, 2011 to February 14, 2012, inclusive, is excluded in computing the time within which the trial must commence, pursuant to 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(i), and (h)(7)(B)(iv). (ama) (Entered: 11/15/2011)
2011-12-21 45 0 FIRST SUPERSEDING INDICTMENT Filed as to Oytun Ayse Mihalik (1) count(s) 1s-3s, 4s. (bp) (Entered: 12/27/2011)
2011-12-21 46 0 CASE SUMMARY filed by AUSA Judith A. Heinze as to Defendant Oytun Ayse Mihalik; defendants Year of Birth: 1972 (bp) (Entered: 12/27/2011)
2011-12-21 47 0 MEMORANDUM filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik. is seeking authority for an investigative action, being filed on 10/5/03, in a matter pending in the the Major Frauds Section of the U. S. Attorneys Office before the date on which Magistrate Judge Jacqueline Chooljian resigned his appointment, was personally involved or on which said Magistrate Judge was personally consulted while employed in the U. S. Attorneys Office. (bp) (Entered: 12/27/2011)
2012-01-27 49 0 STIPULATION to Continue TRIAL DATE from FEBRUARY 14, 2012 to APRIL 24, 2012 filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Attachments: # 1 Proposed Order CONTINUING TRIAL DATE AND FINDINGS REGARDING EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACT)(Heinz, Judith) (Entered: 01/27/2012)
2012-01-30 50 0 EX PARTE APPLICATION for Order for MODIFICATION OF PROTECTIVE ORDER Filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Attachments: # 1 Proposed Order MODIFIED PROTECTIVE ORDER)(Heinz, Judith) (Entered: 01/30/2012)
2012-01-30 51 0 DESIGNATION AND APPEARANCE OF COUNSEL; filed by Errol H Stambler appearing for Oytun Ayse Mihalik as co-counsel with Alan Eisner (Stambler, Errol) (Entered: 01/30/2012)
2012-01-30 52 0 ORDER CONTINUING TRIAL DATE AND FINDINGS REGARDING EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACT by Judge Jacqueline H. Nguyen as to Defendant Oytun Ayse Mihalik: Jury Trial continued to 4/24/2012 08:30 AM before Judge Jacqueline H. Nguyen. The time period of February 14, 2012 to April 24, 2012, inclusive, is excluded in computing the time within which the trial must commence, pursuant to 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(I), and (h)(7)(B)(iv). (ama) (Entered: 01/30/2012)
2012-01-30 53 0 NOTICE OF MOTION AND MOTION to Suppress FISA Derived Evidence Filed by Defendant Oytun Ayse Mihalik Motion set for hearing on 2/27/2012 at 09:00 AM before Judge Jacqueline H. Nguyen. (Eisner, Alan) (Entered: 01/30/2012)
2012-01-30 54 0 MINUTES OF POST-INDICTMENT ARRAIGNMENT: held before Magistrate Judge Paul L. Abrams as to Defendant Oytun Ayse Mihalik (1) Count 1,1s-3s,4s. Defendant arraigned, states true name: As charged. Defendant entered not guilty plea to all counts as charged. Attorney: Alan Eisner, Retained present. Case assigned to Judge Jacqueline H. Nguyen. Jury Trial set for 2/14/2012 08:30 AM before Judge Jacqueline H. Nguyen. Court Smart: CS01/30/2012. (tba) (Entered: 01/31/2012)
2012-01-31 55 0 MODIFIED PROCTECIVE ORDER by Judge Jacqueline H. Nguyen: granting 50 Ex Parte Application for Order for PROTECTIVE ORDER as to Oytun Ayse Mihalik (1) (bp) (Entered: 01/31/2012)
2012-01-30 56 0 STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Oytun Ayse Mihalik (tba) (Entered: 01/31/2012)
2012-02-06 57 0 EX PARTE APPLICATION for Extension of Time to File Response/Reply as to MOTION to Suppress FISA Derived Evidence 53 Filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Attachments: # 1 Proposed Order GRANTING GOVERNMENT'S UNOPPOSED EX PARTE APPLICATION FOR EXTENSION OF TIME TO FILE AN OPPOSITION TO DEFENDANT'S MOTION TO SUPPRESS FISA DERIVED EVIDENCE)(Heinz, Judith) (Entered: 02/06/2012)
2012-02-07 58 0 ORDER GRANTING GOVERNMENTS UNOPPOSED EX PARTE APPLICATION FOR EXTENSION OF TIME TO FILE AN OPPOSITION TO DEFENDANTS MOTION TO SUPPRESS FISA DERIVED EVIDENCE by Judge Jacqueline H. Nguyen: granting 57 Ex Parte Application for Extension of Time to File Response/Reply as to Oytun Ayse Mihalik (1). Thegovernments opposition shall be filed no later than March 27, 2012. (ama) (Entered: 02/07/2012)
2012-02-21 59 0 STIPULATION to Continue HEARING from FEBRUARY 27, 2012 to APRIL 9, 2012 Re: MOTION to Suppress FISA Derived Evidence 53 filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Attachments: # 1 Proposed Order CONTINUING HEARING ON DEFENDANT'S MOTION TO SUPPRESS FISA DERIVED EVIDENCE)(Heinz, Judith) (Entered: 02/21/2012)
2012-02-22 60 0 ORDER CONTINUING HEARING ON DEFENDANTS MOTION TO SUPPRESS FISA DERIVED EVIDENCE by Judge Jacqueline H. Nguyen as to Defendant Oytun Ayse Mihalik: re Stipulation to Continue, 59 , MOTION to Suppress 53 . The hearing on the Motion is continued to 4/9/2012 at 09:00 AM before Judge Jacqueline H. Nguyen. (ama) (Entered: 02/22/2012)
2012-03-06 61 0 NOTICE OF IN CAMERA FILING filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 03/06/2012)
2012-03-16 64 0 STIPULATION to Continue Trial Date from April 24, 2012 to May 29, 2012 and Findings of Excludable Time Periods Pursuant to Speedy Trial Act filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Attachments: # 1 Proposed Order)(Heinz, Judith) (Entered: 03/16/2012)
2012-03-19 65 0 ORDER CONTINUING TRIAL DATE AND FINDINGS REGARDING EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACT by Judge Jacqueline H. Nguyen as to Defendant Oytun Ayse Mihalik: Jury Trial continued to 5/29/2012 08:30 AM before Judge Jacqueline H. Nguyen. The time period of April 24, 2012 to May 29, 2012, inclusive, is excluded in computing the time within which the trial must commence, pursuant to 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(I), and (h)(7)(B)(iv). (ama) (Entered: 03/19/2012)
2012-03-27 66 0 OPPOSITION to MOTION to Suppress FISA Derived Evidence 53 filed by Plaintiff USA as to Defendant Mihalik. (Attachments: # 1 Declaration and Claim of Privilege)(Heinz, Judith) (Entered: 03/27/2012)
2012-03-27 67 0 NOTICE OF IN CAMERA FILING filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 03/27/2012)
2012-04-03 68 0 STIPULATION to Continue Motion Hearing Date from April 9, 2012 to May 7, 2012 filed by Defendant Oytun Ayse Mihalik (Attachments: # 1 Proposed Order to Continue Hearing Date)(Eisner, Alan) (Entered: 04/03/2012)
2012-04-04 69 0 ORDER TO CONTINUE MOTION HEARING DATE by Judge Jacqueline H. Nguyen as to Defendant Oytun Ayse Mihalik: re: Stipulation to Continue 68 , MOTION to Suppress 53 . Motion reset for hearing on 5/7/2012 at 09:00 AM before Judge Jacqueline H. Nguyen. (ama) (Entered: 04/04/2012)
2012-04-26 70 0 NOTICE of Manual Filing of Application and orders and application and order to file udner seal filed by Defendant Oytun Ayse Mihalik (Stambler, Errol) (Entered: 04/26/2012)
2012-04-27 71 0 STIPULATION to Continue TRIAL DATE from May 29, 2012 to September 4, 2012 filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Attachments: # 1 Proposed Order CONTINUING TRIAL DATE AND FINDINGS REGARDING EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACT)(Heinz, Judith) (Entered: 04/27/2012)
2012-04-27 72 0 STIPULATION to Continue Hearing Date from May 7, 2012 to June 4, 2012 filed by Defendant Oytun Ayse Mihalik (Attachments: # 1 Proposed Order to Cointinue Hearing)(Eisner, Alan) (Entered: 04/27/2012)
2012-04-27 73 0 APPLICATION TO SEAL as to Defendant Oytun Ayse Mihalik. Filed by Defendant Oytun Ayse Mihalik Lodged Proposed Order. (bp) (Entered: 04/30/2012)
2012-04-30 74 0 ORDER CONTINUING TRIAL DATE AND FINDINGS REGARDING EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACTby Judge Jacqueline H. Nguyen as to Defendant Oytun Ayse Mihalik: Jury Trial continued to 9/4/2012 08:30 AM before Judge Jacqueline H. Nguyen. The time period of May 29, 2012 to September 4, 2012, inclusive, is excluded in computing the time within which the trial must commence, pursuant to 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(I), (h)(7)(B)(ii), and (h)(7)(B)(iv). (ama) (Entered: 04/30/2012)
2012-04-30 75 0 ORDER CONTINUING HEARING ON DEFENDANTS MOTION TO SUPPRESS FISA DERIVED EVIDENCE by Judge Jacqueline H. Nguyen as to Defendant Oytun Ayse Mihalik: re: Stipulation to Continue 72 . Motion reset for hearing on 6/4/2012 at 09:00 AM before Judge Jacqueline H. Nguyen. (ama) (Entered: 04/30/2012)
2012-04-30 76 0 SEALED DOCUMENT- EXPARTE APPLICATION and Order for Funds for Psychologist. (mat) (Entered: 05/04/2012)
2012-04-30 77 0 SEALED DOCUMENT- ORDER (mat) (Entered: 05/07/2012)
2012-04-30 78 0 SEALED DOCUMENT- ORDER (mat) (Entered: 05/07/2012)
2012-04-30 79 0 SEALED DOCUMENT- ORDER (mat) (Entered: 05/07/2012)
2012-05-08 80 0 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned District Judge is no longer available. Pursuant to directive of the Chief District Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case, as to Defendant Oytun Ayse Mihalik, has been reassigned to Judge Josephine Staton Tucker for all further proceedings. Case number will now read CR 11-00833 JST. (rn) (Entered: 05/09/2012)
2012-05-17 81 0 REPLY Reply in Support MOTION to Suppress FISA Derived Evidence 53 filed by Defendant Mihalik. (Eisner, Alan) (Entered: 05/17/2012)
2012-05-17 82 0 NOTICE OF MOTION AND MOTION to Unseal Motion to Have Documents Previously Filed Under Seal And In Camera Unsealed Filed by Defendant Oytun Ayse Mihalik Motion set for hearing on 6/4/2012 at 10:30 AM before Judge Josephine Staton Tucker. (Eisner, Alan) (Entered: 05/17/2012)
2012-05-22 83 0 OPPOSITION to MOTION to Unseal Motion to Have Documents Previously Filed Under Seal And In Camera Unsealed 82 filed by Plaintiff USA as to Defendant OYTUN AYSE MIHALIK. (Heinz, Judith) (Entered: 05/22/2012)
2012-05-31 84 0 NOTICE OF IN CAMERA FILING filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Fitzgerald, Patrick) (Entered: 05/31/2012)
2012-05-31 85 0 MINUTES OF IN CHAMBERS ORDER by Judge Josephine Staton Tucker, ON TRANSFER OF CASE: as to Defendant Oytun Ayse Mihalik: Defendant's Motion to Suppress Foreign Intelligence Surveillance Act (FISA) Derived Evidence [Doc. 53] and Defendant's Motion to Have Documents Previously Filed Under Seal and In Camera Unsealed [Doc. 82] are ordered continued from June 4, 2012, at 9:00 a.m., to July 6, 2012, at 10:30 a.m. The Jury Trial remains scheduled for September 4, 2012, however the trial will commence at 9:00 a.m. instead of 8:30 a.m. Counsel and defendant are ordered to attend these proceedings. Counsels attention is directed to the Courts Order re Criminal Pre-Trial Motions, Trials, andSentencing filed concurrently with this minute order. (rla) (Entered: 05/31/2012)
2012-05-31 86 0 ORDER by Judge Josephine Staton Tucker RE CRIMINAL PRE-TRIAL MOTIONS, TRIALS, AND SENTENCINGas to Defendant Oytun Ayse Mihalik: The above matter is set for trial before the Honorable Josephine Staton Tucker, United States District Judge, Courtroom 10A, Ronald Reagan Federal Building and United States Courthouse, 411 West Fourth Street, Santa Ana, CA 92701. Counsel preparing for trial before this Court shall comply with this Order. Failure to comply with this order may subject counsel to sanctions. (See document for further details.) IT IS SO ORDERED. (rla) (Entered: 05/31/2012)
2012-06-05 87 0 STIPULATION to Continue HEARING from JULY 6, 2012 to JULY 13, 2012 filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Attachments: # 1 Proposed Order CONTINUING HEARING ON DEFENDANT'S MOTIONS TO SUPPRESS FISA DERIVED EVIDENCE AND TO UNSEAL DOCUMENTS FILED PREVIOUSLY UNDER SEAL AND IN CAMERA)(Heinz, Judith) (Entered: 06/05/2012)
2012-06-05 88 0 ORDER by Judge Josephine Staton Tucker as to Defendant Oytun Ayse Mihalik: Granting Stipulation Continuing 87 Hearing on Defendant's Motions to Suppress FISA Derived Evidence and to Unseal Documents filed Previously Under Seal and In Camera to 7/13/2012 at 10:30 AM before Judge Josephine Staton Tucker. (mt) (Entered: 06/05/2012)
2012-07-02 89 0 REPLY in support of MOTION to Unseal Motion to Have Documents Previously Filed Under Seal And In Camera Unsealed 82 filed by Defendant Oytun Mihalik. (Eisner, Alan) (Entered: 07/02/2012)
2012-07-13 90 0 MINUTES OF Motion Hearing held before Judge Josephine Staton Tucker as to Defendant Oytun Ayse Mihalik, re Defendant's Motion to Suppress Foreign Intelligence Surveillance Act Derived Evidence 53 ; Defendant's Motion to have Documents previously filed Under Seal and In Camera Unsealed 82 . Defendant motions are DENIED. Status Conference set for 8/24/2012 04:00 PM before Judge Josephine Staton Tucker. Trial remains scheduled for September 4, 2012 at 9:00 am. Court Reporter: Deborah Parker. (mt) (Entered: 07/16/2012)
2012-07-16 91 0 MINUTES OF IN CHAMBERS ORDER by Judge Josephine Staton Tucker as to Defendant Oytun Ayse Mihalik. Order Re Disclosure of Documents Titles. (mt) (Entered: 07/16/2012)
2012-07-19 92 0 RESPONSE to Minutes of In Chambers Order/Directive - no proceeding held 91 ,filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 07/19/2012)
2012-08-06 93 0 NOTICE of Manual Filing of Three Under Seal Documents filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Fitzgerald, Patrick) (Entered: 08/06/2012)
2012-08-07 94 0 MINUTES OF IN CHAMBERS ORDER by Judge Josephine Staton Tucker: SETTING CHANGE OF PLEA as to Defendant Oytun Ayse Mihalik, Upon the filing of the plea agreement in this matter, a change of plea hearing is scheduled for the following date and time approved by counsel: August 10, 2012, at 9:30 a.m. Defendant and counsel are ordered to attend. (rla) (Entered: 08/07/2012)
2012-08-08 95 0 NOTICE OF APPEARANCE OR REASSIGNMENT of AUSA Patrick R Fitzgerald on behalf of Plaintiff USA. Filed by Plaintiff USA. (Fitzgerald, Patrick) (Entered: 08/08/2012)
2012-08-08 96 0 NOTICE of Manual Filing of ex parte application and order for funds and application and order to file udner seal filed by Defendant Oytun Ayse Mihalik (Stambler, Errol) (Entered: 08/08/2012)
2012-08-09 97 0 SEALED DOCUMENT** EXPARTE APPLICATION TO SEAL DOCUMENT as to Defendant Oytun Ayse Mihalik. (twdb) (Entered: 08/10/2012)
2012-08-09 98 0 **SEALED DOCUMENT** PLEA AGREEMENT FOR Defendant Oytun Ayse Mihalik (twdb) Modified on 8/10/2012 (twdb). (Entered: 08/10/2012)
2012-08-09 99 0 ORDER by Judge Josephine Staton Tucker: granting 97 Exparte Application to Seal Document as to Oytun Ayse Mihalik (1) (twdb) (Entered: 08/10/2012)
2012-08-10 100 0 MINUTES OF Change of Plea Hearing held before Judge Josephine Staton Tucker as to Defendant Oytun Ayse Mihalik. Defendant sworn. Court questions defendant regarding the plea. The Defendant Oytun Ayse Mihalik (1) pleads GUILTY to Count 1s. The plea is accepted. The Court ORDERS the preparation of a Presentence Report. Sentencing set for 12/14/2012 10:30 AM before Judge Josephine Staton Tucker. Court Reporter: Deborah Parker. (rla) (Entered: 08/13/2012)
2012-08-10 101 0 APPLICATION TO File Under SEAL as to Defendant Oytun Ayse Mihalik. Filed by Defendant Oytun Ayse Mihalik (twdb) (Entered: 08/15/2012)
2012-08-10 102 0 ORDER by Judge Josephine Staton Tucker: granting 101 Application to Seal Document as to Oytun Ayse Mihalik (1) (dg) (Entered: 08/15/2012)
2012-08-10 103 0 **SEALED DOCUMENT** RE: EX PARTE APPLICATION AND ORDER FOR FUNDS(dg) (Entered: 08/16/2012)
2012-08-10 104 0 **SEALED DOCUMENT** RE: ORDER (dg) (Entered: 08/16/2012)
2012-09-10 105 0 MINUTES OF IN CHAMBERS ORDER by Judge Josephine Staton Tucker: as to Defendant Oytun Ayse Mihalik. Accordingly, the Government is ORDERED to identify and disclose the non-classified title of each of the documents filed as Docket Nos. 36, 43, 61, 67, and 84. (twdb) (Entered: 09/13/2012)
2012-09-25 106 0 RESPONSE to Minutes of In Chambers Order/Directive - no proceeding held, 105 ,filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 09/25/2012)
2012-10-05 107 0 MINUTES OF IN CHAMBERS by Judge Josephine Staton Tucker as to Defendant Oytun Ayse Mihalik: Order Denying Defendant's MOTION to Have Documents Previously Filed Under Seal and In Camera Unsealed 82 . (mt) (Entered: 10/09/2012)
2012-10-03 108 0 MINUTES OF IN CHAMBERS by Judge Josephine Staton Tucker as to Defendant Oytun Ayse Mihalik: Order Denying Defendant's MOTION to Suppress FISA Derived Evidence 53 . (mt) (Entered: 10/09/2012)
2012-10-31 111 0 POSITION WITH RESPECT TO PRESENTENCE REPORT filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 10/31/2012)
2012-11-14 112 0 CONCURRENCE OF IMMIGRATION AND CUSTOMS ENFORCEMENT IN STIPULATED REQUEST FOR JUDICIAL REMOVAL filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 11/14/2012)
2012-11-14 113 0 NOTICE OF LODGING filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Attachments: # 1 Proposed Order RE JUDICIAL REMOVAL OF DEFENDANT OYTUN AYSE MIHALIK)(Heinz, Judith) (Entered: 11/14/2012)
2012-11-28 114 0 STIPULATION to Continue SENTENCING from December 14, 2012 to February 15, 2013 filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Attachments: # 1 Proposed Order)(Heinz, Judith) (Entered: 11/28/2012)
2012-11-29 115 0 ORDER by Judge Josephine Staton Tucker as to Defendant Oytun Ayse Mihalik: Continuing Sentencing to 2/15/2013 08:30 AM before Judge Josephine Staton Tucker. (mt) (Entered: 11/30/2012)
2013-02-01 116 0 NOTICE of Manual Filing of UNDER SEAL DOCUMENTS filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 02/01/2013)
2013-02-01 117 0 NOTICE of CLASSIFIED, IN CAMERA, EX PARTE, UNDER SEAL FILING filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 02/01/2013)
2013-02-04 118 0 PROOF OF SERVICE of GOVERNMENT'S SENTENCING POSITION PAPER, served on February 1, 2013, filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 02/04/2013)
2013-02-05 119 0 NOTICE of Manual Filing of Manual Filing filed by Defendant Oytun Ayse Mihalik (Eisner, Alan) (Entered: 02/05/2013)
2013-02-06 120 0 OBJECTION to Notice of Manual Filing (G-92) 119 , filed by Defendant Oytun Ayse Mihalik (Attachments: # 1 Exhibit Notice of filing, # 2 Exhibit email request, # 3 Exhibit letter denying request)(Stambler, Errol) (Entered: 02/06/2013)
2013-02-06 121 0 RESPONSE IN OPPOSITION to Objections (non-motion) 120 , filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 02/06/2013)
2013-02-04 122 0 SEALED DOCUMENT RE GOVERNMENT'S EXPARTE APPLICATION FOR FILING DOCUMENT UNDER SEAL (mt) (Entered: 02/06/2013)
2013-02-04 123 0 SEALED DOCUMENT RE ORDER SEALING DOCUMENT (mt) (Entered: 02/06/2013)
2013-02-04 124 0 SEALED DOCUMENT RE GOVERNMENT'S SENTENCING POSITION PAPER (mt) (Entered: 02/06/2013)
2013-02-07 125 0 NOTICE OF IN CAMERA FILING filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 02/07/2013)
2013-02-08 126 0 NOTICE of Manual Filing of UNDER SEAL DOCUMENTS filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 02/08/2013)
2013-02-12 127 0 ORDER TO CONTINUE Sentencing by Judge Josephine Staton Tucker as to Defendant Oytun Ayse Mihalik. Sentencing continued to 3/15/2013 08:30 AM before Judge Josephine Staton Tucker. (twdb) (Entered: 02/12/2013)
2013-02-06 128 0 *SEALED DOCUMENT* RE: EXPARTE APPLICATION TO SEAL (dg) (Entered: 02/12/2013)
2013-02-06 129 0 *SEALED DOCUMENT* RE: ORDER (dg) (Entered: 02/12/2013)
2013-02-06 130 0 *SEALED DOCUMENT* RE: SENTENCING MEMORANDUM (Attachments: # 1 part 2, # 2 part 3)(dg) (Entered: 02/12/2013)
2013-02-14 131 0 SENTENCING MEMORANDUM filed by Defendant Oytun Ayse Mihalik (Attachments: # 1 Exhibit Defendant's Letter, # 2 Exhibit Criminal History from Turkey, # 3 Exhibit Redacted, # 4 Exhibit Redacted, # 5 Exhibit Romanoff CV, # 6 Exhibit Interview of Orozco, # 7 Exhibit Oytun's Mother's Medical Report, # 8 Exhibit Redacted, # 9 Exhibit Redacted, # 10 Exhibit Redacted, # 11 Exhibit Oytun's Degrees and Licenses, # 12 Exhibit Oytun's CVS Employment, # 13 Exhibit Letters of Support, # 14 Exhibit US v Abdallah, # 15 Exhibit US v Abdoulah, # 16 Exhibit US v Abdow, # 17 Exhibit US v Akl, # 18 Exhibit US v Ali Duranni, # 19 Exhibit US v Al-Arian, # 20 Exhibit US v Al-Hanooti, # 21 Exhibit US v Hupper, # 22 Exhibit US v Wright et al., # 23 Exhibit US v Issa et al., # 24 Exhibit Redacted, # 25 Exhibit Redacted, # 26 Exhibit Redacted)(Eisner, Alan) (Entered: 02/14/2013)
2013-02-18 132 0 EX PARTE APPLICATION to Continue Sentencing from March 15, 2013 at 8:30 A.M. to March 29, 2013 at 8:30 A.M.. No objections by the Government Filed by Defendant Oytun Ayse Mihalik (Attachments: # 1 Proposed Order)(Stambler, Errol) (Entered: 02/18/2013)
2013-02-20 133 0 ORDER by Judge Josephine Staton Tucker as to Defendant Oytun Ayse Mihalik: Granting EX PARTE APPLICATION to Continue 132 Sentencing to 3/29/2013 08:30 AM before Judge Josephine Staton Tucker. NOTE CHANGES MADE BY THE COURT. (mt) (Entered: 02/20/2013)
2013-02-22 134 0 SEALED DOCUMENT RE GOVERNMENT'S EXPARTE APPLICATION FOR FILING DOCUMENT UNDER SEAL; DECLARATION OF JUDITH A HEINZ (mt) (Entered: 02/25/2013)
2013-02-22 135 0 SEALED DOCUMENT RE ORDER SEALING DOCUMENT (mt) (Entered: 02/25/2013)
2013-02-22 136 0 SEALED DOCUMENT RE GOVERNMENT'S RESPONSE TO DEFENDANT'S SENTENCING MEMORANDUM (mt) (Entered: 02/25/2013)
2013-02-27 137 0 NOTICE of COURT'S CLASSIFIED, UNDER SEAL ORDERS ISSUED PURSUANT TO CLASSIFIED INFORMATION PROCEDURES ACT, SECTION 4, AND FEDERAL RULE OF CRIMINAL PROCEDURE 16 (d) (1) filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 02/27/2013)
2013-03-04 138 0 RESPONSE to Sentencing Memorandum,,, 131 ,filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Attachments: # 1 Exhibit Exhibit A-E)(Heinz, Judith) (Entered: 03/04/2013) 2017-02-13 12:11:02 692a581d5a79abfc58fde41076c0e38683ec4c55
2013-03-05 139 0 NOTICE of Manual Filing of CD-EXHIBIT B filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 03/05/2013)
2013-03-05 140 0 NOTICE OF FILING OF CD-ROM filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (mt) (Entered: 03/08/2013)
2013-04-01 141 0 ORDER RE JUDICIAL REMOVAL by Judge Josephine Staton Tucker as to Defendant Oytun Ayse Mihalik: IT IS ORDERED pursuant to Title 8, United States Code, Sections 1227 and 1228(c)(5) that defendant be removed from the United States to Turkey promptly upon her satisfaction of any sentence of imprisonment, and that the United States Department of Homeland Security execute this ORDER of removal according to the applicable laws and regulations of the United States. (dg) (Entered: 04/02/2013)
2013-03-29 142 0 MINUTES OF SENTENCING Hearing held before Judge Josephine Staton Tucker as to Defendant Oytun Ayse Mihalik. Defendant Oytun Ayse Mihalik (1), Count(s) 1, 2s-3s, 4s, Ordered dismissed by the Court. Count(s) 1s, Committed to 60 months on Count 1 of the First Superseding Indictment to the Bureau of Prisons. All fines waived. Special Assessment $100. Supervised release one year under the terms and conditions of the U.S. Probation Office and General Order 05-02. Defendant advised of right of appeal. Court Reporter: Deborah Parker. (rla) (Entered: 04/08/2013)
2013-04-05 143 0 JUDGMENT AND COMMITMENT by Judge Josephine Staton Tucker as to Defendant Oytun Ayse Mihalik (1), Count(s) 1, 2s-3s, 4s, Ordered dismissed by the Court. Count(s) 1s, Committed to 60 months on Count 1 of the First Superseding Indictment to the Bureau of Prisons. All fines waived. Special Assessment $100. Supervised release one year under the terms and conditions of the U.S. Probation Office and General Order 05-02. (rla) (Entered: 04/08/2013)
2014-04-04 145 0 NOTICE of SUPPLEMENTAL NOTICE REGARDING USE OF FOREIGN INTELLIGENCE SURVEILLANCE ACT INFORMATION filed by Plaintiff USA as to Defendant Oytun Ayse Mihalik (Heinz, Judith) (Entered: 04/04/2014) 2014-11-19 19:15:13 3b36aae87dcfe0b7bb30e9e46836f64f3b04715b
2014-04-09 146 0 APPLICATION for Order for to correct the arrest date No Objection by the Government Filed by Defendant Oytun Ayse Mihalik (Attachments: # 1 Proposed Order to correct arrest date, # 2 Exhibit Arrest Date (CR-64))(Stambler, Errol) (Entered: 04/09/2014) 2014-10-08 18:33:47 21f2b0c945966a2c6307f8512ced98f3c8c2f7a1
2014-04-11 147 0 ORDER by Judge Josephine L. Staton as to Oytun Ayse Mihalik: Granting Application for Order to correct the arrest date 146 . IT IS HEREBY ORDERED THAT the Pre-Sentence Report shall be corrected by the United States Probation Department to reflect that Defendant's arrest date is August 27, 2011. The United States Marshal Service shall forthwith serve the corrected Pre-Sentence Report on the Bureau of Prisons to correct the arrest date for Oytun Ayse Mihalik, Reg.# 61427-112, to August 27, 2011. (mt) (Entered: 04/11/2014)