Case docket: USA v. Dunning

Case details

Court:	kyed
Docket #:	7:15-cr-00004
Case Name:	USA v. Dunning
PACER case #:	77729
Date filed:	2015-05-07
Assigned to:	Judge Danny C. Reeves
Referred to:	Magistrate Judge Edward B. Atkins

Parties

Represented Party

Attorney & Contact Info

Bret A. Dunning
Defendant (1)

Stephen W. Owens
Stephen W. Owens Law Office
237 Second Street
P.O. Box 1426
Pikeville, KY 41502
606-437-6520
Fax: 606-437-6521
Email: owens.steve@att.net
ATTORNEY TO BE NOTICED
Designation: Retained

Wesley K. Varney
P.O. Box 106
Pikeville, KY 41502
859-537-6697
Fax: 606-437-6187
Email: wkvlaw@gmail.com
ATTORNEY TO BE NOTICED
Designation: Retained

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
2015-05-07	1	0		INDICTMENT returned in open court as to Bret A. Dunning (1) count(s) 1, 2 with FORFEITURE ALLEGATION. (Attachments: # 1 Case Assignment) (TDA) (Additional attachment(s) added on 5/8/2015: # 2 Unredacted Indictment) (TDA). Modified text, security on 5/19/2015 (RCB). (Entered: 05/08/2015)
2015-05-07	2	0		STANDING REFERRAL ORDER as to as to Bret A. Dunning: 1. Pursuant to 59(a) of FRCP, Magistrate Judge shall determine any pre-trial matter that does not dispose of a charge or defense; and 2. Pursuant to Rule 59 (b) of FRCP, Magistrate Judge shall make a recommended disposition concerning any pre-trial matter that disposes of a charge or defense, including but not limited to any motion specifically listed in Rule 59(b). 3. Court excepts from this referral, and retains for initial decision, any motions to alter trial date and any motions in limine. Signed by Judge Danny C. Reeves on 6/19/2014. (TDA) cc: COR,USM,USP (Entered: 05/08/2015)
2015-05-07	3	0		SEALED MOTION to Seal Case filed by USA re Bret A. Dunning. Motions referred to Edward B. Atkins. (TDA) (Entered: 05/08/2015)
2015-05-07	4	0		ORDER as to Bret A. Dunning (1): granting 3 Motion to Seal Case. Signed by Magistrate Judge Robert E. Wier on 5/7/2015. (TDA) cc: COR,USM,USP (paper copies via US Mail) (Entered: 05/08/2015)
2015-05-07	5	0		MOTION for Issuance of Arrest Warrant by USA as to Bret A. Dunning. Motions referred to Edward B. Atkins. (TDA) (Entered: 05/08/2015)
2015-05-07	6	0		ORDER for Issuance of Arrest Warrant as to Bret A. Dunning. Signed by Judge Magistrate Judge Robert E. Wier. (TDA) cc: USP,USM service by U.S. Mail on paper Modified text, security on 5/19/2015 (RCB). (Entered: 05/08/2015)
2015-05-18	8	0		ORDER as to Bret A. Dunning: an Initial Appearance and Arraignment of above-named Dft shall be held on TUESDAY, MAY 19, 2015, at 1:30 P.M., in PIKEVILLE, Ky. Signed by Magistrate Judge Edward B. Atkins on 5/18/2015. (RCB)cc: COR,USM,USP (Entered: 05/18/2015)
2015-05-19	9	0		MOTION to Unseal Indictment and Subsequent Pleadings by USA as to Bret A. Dunning. Motions referred to Edward B. Atkins. (RCB) (Entered: 05/19/2015)
2015-05-19	10	0		ORDER UNSEALING INDICTMENT, AND SUBSEQUENT PLEADINGS as to Bret A. Dunning: re 9 the matter SHALL be UNSEALED. Signed by Magistrate Judge Edward B. Atkins on 5/19/2015. (RCB)cc: COR,USM,USP (Entered: 05/19/2015)
2015-05-19	11	0		MINUTE ENTRY for INITIAL APPEARANCE and ARRAIGNMENT as to Bret A. Dunning held on 5/19/2015 before Magistrate Judge Edward B. Atkins: Stephen W. Owens appeared as RETAINED counsel of record. Clerk shall file United States' Motion to Unseal into record. Motion to Unseal is GRANTED. Dft waives formal arraignment. Dft pleads NOT GUILTY to Counts 1 & 2. PRETRIAL MOTIONS are to be filed pursuant to Court's pretrial order to be entered. Pretrial Conference is scheduled for Monday, July 20, 2015, at 2:30 p.m., in Pikeville, Ky before Hon. Danny C. Reeves. Jury Trial is scheduled Tuesday, July 28, 2015, at 9:30 a.m., with counsel present at 9:00 a.m., in Pikeville, Ky, before Hon. Danny C. Reeves. The estimated length of trial is 3 days. Dft released pursuant to Order Setting Conditions of Release to be entered. Signed by Edward B. Atkins. (Tape #KYED-PIK_7-15-cr-04-01_20150519_130007.) (RCB)cc: COR,USM,USP (Entered: 05/19/2015)
2015-05-19	12	0		ORDER Setting Conditions of Release as to Bret A. Dunning. Signed by Magistrate Judge Edward B. Atkins on 5/19/2015. (RCB)cc: COR,USM,USP (Entered: 05/19/2015)
2015-05-19	13	0		PRETRIAL AND DISCOVERY ORDER as to Bret A. Dunning. Signed by Magistrate Judge Edward B. Atkins on 5/19/2015. (RCB)cc: COR,USM,USP (Entered: 05/19/2015)
2015-05-29	14	0		ORDER RE: COURTROOM DECORUM AND TRIAL PROCEDURES as to Bret A. Dunning: See Items 1-23. Failure to comply may result in sanctions, monetary or otherwise. Signed by Judge Danny C. Reeves on 5/29/2015. (RCB)cc: COR,USM,USP (Entered: 05/29/2015)
2015-06-01	15	0		FIRST MOTION to Continue as to Bret A. Dunning. Motions referred to Edward B. Atkins. (Owens, Stephen) (Entered: 06/01/2015)
2015-06-02	16	0		ORDER as to Bret A. Dunning: United States is DIRECTED to file a response to dft's motion to continue the jury trial 15 by Monday, June 8, 2015. United States shall confer with opposing counsel and include amount of time needed to review discovery. Signed by Judge Danny C. Reeves on 6/2/2015. (RCB)cc: COR,USM,USP (Entered: 06/02/2015)
2015-06-02	17	0		CORRECTED MOTION to Continue as to Bret A. Dunning. (Attachments: # 1 Proposed Order)Motions referred to Edward B. Atkins. (Owens, Stephen) (Entered: 06/02/2015)
2015-06-03	18	0		CORRECTED MOTION to Continue as to Bret A. Dunning. (Attachments: # 1 Proposed Order)Motions referred to Edward B. Atkins. (Owens, Stephen) (Entered: 06/03/2015)
2015-06-08	19	0		RESPONSE to Motion by USA as to Bret A. Dunning re 15 FIRST MOTION to Continue (Marye, David) (Entered: 06/08/2015)
2015-06-08	20	0		ORDER as to Bret A. Dunning: 1. The motion to continue the trial date 15 is GRANTED. The dft;s two amended motions 17 and 18 are DENIED as MOOT. 2. The trial, previously scheduled for July 28, 2015, is CONTINUED until Tuesday, October 26, 2015, at 9:30 a.m., in Pikeville, Ky. Counsel present at 9:00 a.m. 3. The pretrial conference previously scheduled for July 20, 2015, is rescheduled and CONTINUED until Thursday, October 15, 2015, at 1:00 p.m., in Pikeville, Ky. 4. The deadline for dft to file defensive moitons is extended to September 1, 2015. Any such motions requiring an evidentiary hearing will be assigned by separate order before US Mag Judge Edward Atkins. 5. The delay occasioned by continuance (July 28, 2015 to October 26, 2015) is excluded under Speedy Trial Act. Signed by Judge Danny C. Reeves on 6/8/2015. (RCB)cc: COR,USM,USP (Entered: 06/08/2015)
2015-08-20	21	0		MOTION for Discovery as to Bret A. Dunning. Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order) (Owens, Stephen) Modified text on 8/20/2015 (RCB). (Entered: 08/20/2015)
2015-08-21	22	0		ORDER as to Bret A. Dunning: Any response to Dfts Motion for Discovery (R. 21 ) shall be filed on or before TUESDAY, AUGUST 25, 2015. Responses shall specifically address whether any requested disclosure was declined by US. Signed by Magistrate Judge Edward B. Atkins on 8/21/2015. (TDA) cc: COR,USM,USP (Entered: 08/21/2015)
2015-08-25	23	0		RESPONSE to 21 , 22 by USA as to Bret A. Dunning (Marye, David) (Entered: 08/25/2015)
2015-08-26	24	0		NOTICE OF FILING CORRECTIONS TO RESPONSE TO DEFENDANT'S DISCOVERY REQUEST by USA as to Bret A. Dunning re 23 RESPONSE (Marye, David) (Entered: 08/26/2015)
2015-08-26	25	0		FIRST MOTION to Suppress as to Bret A. Dunning. (Attachments: # 1 Proposed Order, # 2 Exhibit A Search Warrant, # 3 INCORRECT Exhibit B) Motions referred to Edward B. Atkins. (Owens, Stephen) (Additional attachment(s) added on 8/27/2015: # 4 CORRECT Exhibit B The Child Protection System Manual Part 1, # 5 CORRECT Exhibit B The Child Protection System Manual Part 2) (RCB). Modified text, restrictions on 8/27/2015 (RCB). (Entered: 08/26/2015)
2015-08-28	26	0		ORDER as to Bret A. Dunning: Dfts Motion for Discovery (R. 21 ) is DENIED WITHOUT PREJUDICE. Signed by Magistrate Judge Edward B. Atkins on 8/28/2015. (TDA) cc: COR,USM,USP (Entered: 08/28/2015)
2015-09-04	27	0		FIRST MOTION for Reconsideration re 26 Order on Motion for Miscellaneous Relief, 23 RESPONSE filed by USA, 21 MOTION for Discovery FIRST MOTION for Discovery filed by Bret A. Dunning as to Bret A. Dunning. (Attachments: # 1 Proposed Order)Motions referred to Edward B. Atkins. (Owens, Stephen) (Entered: 09/04/2015)
2015-09-08	28	0		MOTION for Extension of Time by USA as to Bret A. Dunning. (Attachments: # 1 Affidavit of David A. Marye, # 2 Proposed Order)Motions referred to Edward B. Atkins. (Marye, David) (Entered: 09/08/2015)
2015-09-08	29	0		ORDER as to Bret A. Dunning: Pla's Motion to Extend Time R. 28 shall be GRANTED to extent the deadline for Pla's filing a Response to Dft's Motion to Suppress is WEDNESDAY, SEPTEMBER 16, 2015. Signed by Magistrate Judge Edward B. Atkins on 9/8/2015. (RCB)cc: COR,USM,USP (Entered: 09/08/2015)
2015-09-16	30	0		RESPONSE in Opposition by USA as to Bret A. Dunning re 25 FIRST MOTION to Suppress (Attachments: # 1 Affidavit of William Wiltse)(Marye, David) (Entered: 09/16/2015)
2015-09-17	31	0		ORDER as to Bret A. Dunning: re 25 Motion to Suppress, if Defendant wishes to file a REPLY to Plaintiff's Response, he should do so no later than THURSDAY, SEPTEMBER 24, 2015. Signed by Magistrate Judge Edward B. Atkins on 9/17/2015. (RCB)cc: COR,USM,USP (Entered: 09/17/2015)
2015-09-23	32	0		MOTION for Extension of Time to File Response as to 27 FIRST MOTION for Reconsideration by USA as to Bret A. Dunning. (Attachments: # 1 Proposed Order)Motions referred to Edward B. Atkins. (Marye, David) Modified text on 9/24/2015 (RCB). (Entered: 09/23/2015)
2015-09-24	33	0		REPLY TO RESPONSE to Motion by Bret A. Dunning re 25 FIRST MOTION to Suppress (Attachments: # 1 Exhibit A - Louisiana v. Daigle, No. KA 11-1209)(Owens, Stephen) Modified text on 9/25/2015 (RCB). (Entered: 09/24/2015)
2015-09-25	34	0		ORDER as to Bret A. Dunning: Plaintiff's Motion to Extend Time R. 32 shall be GRANTED to extent that the deadline for Plaintiff's filing a Response to Dft's Motion to Suppress is MONDAY, SEPTEMBER 28, 2015. Signed by Magistrate Judge Edward B. Atkins on 9/25/2015. (RCB)cc: COR,USM,USP (Entered: 09/25/2015)
2015-09-25	35	0		AMENDED ORDER as to Bret A. Dunning: re 34 Pla's Motion to Extend Time R. 32 shall be GRANTED to extent that deadline for Pla's filing a Response to Dft's Motion for Reconsideration is MONDAY, SEPTEMBER 28, 2015. Signed by Magistrate Judge Edward B. Atkins on 9/25/2015. (RCB)cc: COR,USM,USP (Entered: 09/25/2015)
2015-09-28	36	0		RESPONSE in Opposition by USA as to Bret A. Dunning re 27 FIRST MOTION for Reconsideration re 26 Order on Motion for Miscellaneous Relief, 23 RESPONSE filed by USA, 21 MOTION for Discovery FIRST MOTION for Discovery filed by Bret A. Dunning Affidavit of William Wiltse (Attachments: # 1 Affidavit)(Marye, David) (Entered: 09/28/2015)
2015-09-29	37	0		INCORRECTLY FILE MOTION to Supplement by USA Response to Defendant's First Motion to Suppress as to Bret A. Dunning. Motions referred to Edward B. Atkins. (Marye, David) Modified text, termed motion on 9/30/2015 (RCB). See DE 39 for correct entry. (Entered: 09/29/2015)
2015-09-29	38	0		AMENDED RESPONSE 36 to Motion by USA as to Bret A. Dunning re 27 FIRST MOTION for Reconsideration (Attachments: # 1 Affidavit of William Wiltse)(Marye, David) Modified text, link on 9/29/2015 (RCB). (Entered: 09/29/2015)
2015-09-29	39	0		SUPPLEMENT TO RESPONSE 30 in Opposition to Dunning's First Motion to Suppress 25 by USA as to Bret A. Dunning. (RCB) Filed pursuant to QC re DE 37 . (Entered: 09/30/2015)
2015-10-01	40	0		MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION as to Bret A. Dunning: For above reasons, it is RECOMMENDED that Dft's Motion to Suppress R. 25 be DENIED. Specific objections to this R&R must be filed within 14 days from date of service thereof or further appeal is waived. Signed by Magistrate Judge Edward B. Atkins on 10/1/2015. (RCB)cc: COR,USM,USP (Entered: 10/01/2015)
2015-10-01	41	0		ORDER as to Bret A. Dunning: Dft's Motion for Reconsideration R. 27 is DENIED. Signed by Magistrate Judge Edward B. Atkins on 10/1/2015. (RCB)cc: COR,USM,USP (Entered: 10/01/2015)
2015-10-06	42	0		MOTION to Continue by USA Pretrial Conference and Trial as to Bret A. Dunning. (Attachments: # 1 Proposed Order)Motions referred to Edward B. Atkins. (Marye, David) (Entered: 10/06/2015)
2015-10-06	43	0		ORDER as to Bret A. Dunning: 1. United States' motion to continue trial 42 is GRANTED. 2. The trial, previously scheduled for October 26, 2015, is SET ASIDE. A new trial date will be set at time of pretrial conference which remains scheduled for October 15, 2015. 3. United States motion to continue pretrial conference 42 is DENIED. Signed by Judge Danny C. Reeves on 10/6/2015. (RCB)cc: COR,USM,USP (Entered: 10/06/2015)
2015-10-09	44	0		INCORRECTLY FILED RESPONSE TO OBJECTIONS TO REPORT AND RECOMMENDATIONS 40 by Bret A. Dunning as to Bret A. Dunning (Owens, Stephen) Modified text, restrictions on 10/13/2015 (RCB). See DE 45 for correct entry. (Entered: 10/09/2015)
2015-10-09	45	0		OBJECTIONS TO REPORT AND RECOMMENDATIONS 40 by Bret A. Dunning as to Bret A. Dunning (RCB) Filed pursuant to QC re 44 (Entered: 10/13/2015)
2015-10-15	46	0		MEMORANDUM OPINION AND ORDER as to Bret A. Dunning: 1. Report and Recommendation of Mag Judge Edward B. Atkins 40 is ADOPTED and INCORPORATED by reference; 2. Dft Bret A. Dunning's objections to Mag Judge's Report and Recommendation 45 are OVERRULED; and 3. Dft Bret A. Dunning's motion to suppress 25 is DENIED. Signed by Judge Danny C. Reeves on 10/15/2015. (RCB)cc: COR,USM,USP (Entered: 10/15/2015)
2015-10-16	47	0		FIRST MOTION for Rearraignment as to Bret A. Dunning. (Attachments: # 1 Proposed Order)Motions referred to Edward B. Atkins. (Owens, Stephen) (Entered: 10/16/2015)
2015-10-16	48	0		AFFIDAVIT by Bret A. Dunning 47 FIRST MOTION for Rearraignment filed by Bret A. Dunning (Owens, Stephen) (Entered: 10/16/2015)
2015-10-15	49	0		MINUTE ENTRY FOR PRETRIAL CONFERENCE as to Bret A. Dunning: proceedings held on 10/15/2015; 1) Trial shall begin on Monday, October 26, 2015, at 9:30 A.M. in Pikeville, KY. Counsel shall be present at 9:00 A.M. Trial expected to take 3 days. 2) Clerk call 55 prospective jurors. Court shall conduct initial voir dire examination of prospective jurors. Counsel may tender questions to include in its inquiry. Counsel given an addtl 15-20 minutes for follow-up voir dire. If counsel intends to use a particular exhibit he should confirm that there is no objection by opposing counsel. Challenges for cause shall be addressed at bench. 3) By October 21, 2015, US shall file an in camera witness list with a brief summary of expected testimony, a list of expected exhibits and proposed jury instructions. 4) By October 23, 2015, dfts counsel shall submit any tendered jury instructions. 5) Counsel shall tender a joint statement of the case. In event counsel cannot agree, they may submit separate statements by October 23, 2015. 6) Two groups of prospective jurors will be called. First group of 28 will comprise main panel. Second group of 4 will comprise alternate panel. Dft may exercise 10 peremptory challenges against main panel and 1 peremptory challenge against alternate panel. US may exercise 6 peremptory challenges against main panel and 1 peremptory challenge against alternate panel. First 12 prospective jurors called but not stricken from main panel shall comprise jury panel. First 2 alternates called but not stricken from second panel will be seated as alternate trial jurors. 7) Counsel for parties shall inform Court by October 19, 2015 if there are any issues which may require a continuance. 8) Dft is release on bond subject to terms & conditions previously set. Signed by Danny C. Reeves. (Court Reporter JOAN AVERDICK) (TDA) cc: COR,USM,USP (Entered: 10/16/2015)
2015-10-16	50	0		ORDER as to Bret A. Dunning: 1. Dft Dunning's motion (Record No. 47 ) is GRANTED. 2. Re-arraignment of Dft Dunning on charges contained in Indictment shall be held on Friday, October 23, 2015, at 11:30 a.m., in LONDON, KY. 3. The trial date previously scheduled for October 26, 2015, is CANCELED. Signed by Judge Danny C. Reeves on 10/16/2015. (TDA) cc: COR,USM,USP & LonCD (Entered: 10/16/2015)
2015-10-22	51	0		FIRST MOTION to Supplement as to Bret A. Dunning. (Attachments: # 1 Exhibit Supplement to First Motion to Suppress)Motions referred to Edward B. Atkins. (Owens, Stephen) (Entered: 10/22/2015)
2015-10-22	52	0		VIRTUAL ORDER as to Bret A. Dunning: 51 FIRST MOTION to Supplement filed by Bret A. Dunning is DENIED. No basis for the motion has been demonstrated and no supporting memorandum has been filed. Signed by Judge Danny C. Reeves on 10/22/2015. (RCB)cc: COR,USM,USP (Entered: 10/22/2015)