Case details

Court: nvd
Docket #: 2:11-cr-00267
Case Name: USA v. Nunes et al
PACER case #: 82372
Date filed: 2011-07-20
Date terminated: 2016-03-16
Assigned to: Judge Miranda M. Du
Referred to: Magistrate Judge Carl W. Hoffman

Parties

Represented Party Attorney & Contact Info
Heidi Haischer
Defendant (2)
TERMINATED: 03/16/2016		 
Lisa A Rasmussen
Law Office of Lisa Rasmussen
601 South 10th Street
Suite 100
Las Vegas, NV 89101
702-471-1436
Fax: 702-489-6619
Email: lisa@lrasmussenlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Michael J. Kennedy
Law Office Of Michael J Kennedy
333 Flint Street
Reno, NV 89501
775-221-7100
Email: michael@mjkennedylaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Franny A. Forsman
PO Box 43401
Las Vegas, NV 89116
(702) 501-8728
Email: f.forsman@cox.net
TERMINATED: 06/08/2015
Designation: Retained

Gabriel L Grasso
Gabriel L. Grasso, P.C.
9525 Hillwood Drive
Suite 190
Las Vegas, NV 89134
702-868-8866
Fax: 702-868-5778
Email: gabriel@grassodefense.com
TERMINATED: 05/06/2013
Designation: CJA Appointment

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-07-20 1 0 INDICTMENT as to Kelly Nunes (1) Counts 1 and 2 and Heidi Haischer (2) Counts 1 and 2. (SLR) (Entered: 07/20/2011)
2011-07-20 3 0 AO 257 to 1 Indictment as to Heidi Haischer. (SLR) (Entered: 07/20/2011)
2011-07-20 4 0 MINUTES OF PROCEEDINGS - Grand Jury Return as to Kelly Nunes and Heidi Haischer held on 7/20/2011 before Magistrate Judge Lawrence R. Leavitt. Crtrm Administrator: Araceli Bareng; AUSA: Rob McDonald; Court Reporter/FTR #: Norm Anderson; Time of Hearing: 1:17pm - 1:20pm; Courtroom: 3C; Summons to issue. Initial Appearance/ Arraignment and Plea set for 7/29/2011 03:00 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (Copies have been distributed pursuant to the NEF - SLR) (Entered: 07/20/2011)
2011-07-27 8 0 STIPULATION (First Request) to continue Initial appearance/arraignment & plea by Heidi Haischer. (Leventhal, Todd) Modified to show type of stipulation on 7/27/2011 (LMC). (Entered: 07/27/2011)
2011-07-29 9 0 ORDER ON STIPULATION Granting 8 Stipulation to Continue Hearing as to Heidi Haischer. Initial Appearance/ Arraignment and Plea set for 8/23/2011 03:00 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Signed by Magistrate Judge George Foley, Jr on 7/29/2011. (Copies have been distributed pursuant to the NEF - SLR) (Entered: 07/29/2011)
2011-08-12 13 0 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Robert C. Jones, as to Kelly Nunes, Heidi Haischer on 8/12/2011. IT IS ORDERED that this case is reassigned to Magistrate Judge Carl W. Hoffman for all further proceedings. Magistrate Judge Peggy A. Leen no longer assigned to case. All further documents must bear the correct case number 2:11-cr-267-JCM-CWH. (no image attached) (Copies have been distributed pursuant to the NEF - SLR) (Entered: 08/12/2011)
2011-08-23 14 0 MINUTES OF PROCEEDINGS - Initial Appearance/Arraignment & Plea as to Heidi Haischer held on 8/23/2011 before Magistrate Judge George Foley, Jr. Crtrm Administrator: Donna Smith; AUSA: Brian Young; Def Counsel: Gabriel Grasso; PTS: Tonya Jacobsen; Court Reporter/FTR #: 3:09-3:16; Time of Hearing: See FTR; Courtroom: 3A; Defendant is present at liberty with counsel. Financial Affidavit filed. CJA panel attorney is appointed as defense counsel. Attorney Gabriel L Grasso for Heidi Haischer added. Defendant is arraigned on Indictment. Defendant pleads NOT GUILTY to counts 1, 2. Order regarding Pretrial Procedure is entered. The U.S. Probation Office is directed to prepare a report detailing the defendant's criminal history, if any. The parties concur with Pretrial Services' recommendation. Defendant is released on PR bond. Bond form executed. Calendar Call set for 9/28/2011 01:30 PM in LV Courtroom 6A before Judge James C. Mahan. Jury Trial set for 10/3/2011 09:00 AM in LV Courtroom 6C before Judge James C. Mahan.(no image attached) (Copies have been distributed pursuant to the NEF - DES) (Entered: 08/23/2011)
2011-08-23 16 0 ORDER APPOINTING COUNSEL as to Heidi Haischer. CJA appointed, Attorney Gabriel Grasso as counsel for Defendant, subpoenas issued upon request with exception to out of state subpoenas which will require court approval. Signed by Magistrate Judge George Foley, Jr on 8/23/2011. (Copies have been distributed pursuant to the NEF - SLR) (Entered: 08/24/2011)
2011-08-23 17 0 ORDER REGARDING PRETRIAL PROCEDURE as to Heidi Haischer. Responses to motions to be filed and served within fourteen (14) calendar days from the date of service of the motion; and reply brief to be served within seven (7) calendar days from the date of service of the response. Motions due by 9/22/2011. Signed by Magistrate Judge George Foley, Jr on 8/23/2011. (Copies have been distributed pursuant to the NEF - SLR) (Entered: 08/24/2011)
2011-08-23 18 0 PR BOND Entered as to Heidi Haischer. (SLR) (Entered: 08/24/2011)
2011-08-24 19 0 (2nd Notice) NOTICE: of Non-Compliance with Special Order 109 : that Denis J. McInerney are in violation of Special Order 109. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register for the Courts Case Management and Electronic Case Filing (CM/ECF) program and the electronic service of pleadings. Continued failure to abide by Special Order 109 will be brought to the presiding Judges attention for appropriate action. Please visit the Courts website www.nvd.uscourts.gov, then select CM/ECF Info, to register the Attorney(s). (no image attached) (RFJ) (Entered: 08/24/2011)
2011-09-20 20 0 STIPULATION to Continue Motion and Trial Dates (First Request) by Kelly Nunes as to Kelly Nunes, Heidi Haischer. (Boulware, Richard) (Entered: 09/20/2011)
2011-09-21 21 0 ORDER TO CONTINUE - Ends of Justice - Granting 20 Stipulation to Continue Motion Deadlines and Trial Dates as to Kelly Nunes and Heidi Haischer. Time excluded from 10/3/2011 until 3/26/2012. Jury Trial set for 3/26/2012 09:00 AM in LV Courtroom 6A before Judge James C. Mahan. Calendar Call set for 3/21/2012 01:30 PM in LV Courtroom 6A before Judge James C. Mahan. Motions due by 1/16/2012. Responses due by 1/30/2012. Replies due by 2/6/2012. Proposed Voir Dire, Proposed Jury Instructions, and Trial Briefs, due by 3/21/2012 Signed by Judge James C. Mahan on 9/21/2011. (Copies have been distributed pursuant to the NEF - SLR) (Entered: 09/21/2011)
2011-09-29 22 0 STIPULATION for Protective Order by USA as to Kelly Nunes, Heidi Haischer. (Young, Brian) (Entered: 09/29/2011)
2012-02-28 23 0 NOTICE OF ATTORNEY APPEARANCE Thomas B.W. Hall appearing for USA. (Hall, Thomas) (Entered: 02/28/2012)
2012-03-01 24 0 STIPULATION to continue calendar call and trial date (second request) by Heidi Haischer. (Grasso, Gabriel) (Entered: 03/01/2012)
2012-03-02 25 0 ORDER TO CONTINUE - Ends of Justice - Granting 24 Stipulation to Continue Trial as to Heidi Haischer. Time excluded from 3/27/12 until 7/9/12. Jury Trial reset for 7/9/2012 09:00 AM in LV Courtroom 6A before Judge James C. Mahan. Calendar Call reset for 7/5/2012 01:30 PM in LV Courtroom 6A before Judge James C. Mahan. Proposed Voir Dire due by 7/5/2012. Proposed Jury Instructions due by 7/5/2012. Trial Briefs due by 7/5/2012. Signed by Judge James C. Mahan on 3/2/12. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 03/02/2012)
2012-06-04 29 0 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Robert C. Jones, as to Kelly Nunes, Heidi Haischer on 6/4/2012. By Deputy Clerk: Aaron Blazevich. IT IS ORDERED that this case is reassigned to Judge Miranda M. Du for all further proceedings. Judge James C. Mahan no longer assigned to case. All further documents must bear the correct case number 2:11-cr-00267-MMD-CWH. (no image attached) (Copies have been distributed pursuant to the NEF - ASB) (Entered: 06/04/2012)
2012-06-05 30 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Kelly Nunes, Heidi Haischer on 6/5/2012. By Deputy Clerk: Peggie Vannozzi.This matter has been reassigned to Judge Du. IT IS ORDERED that the Calendar Call set for 7/5/2012 at 1:30 pm before Judge James C. Mahan is reset to 6/27/2012 at 09:00 AM in LV Courtroom 4A before Judge Miranda M. Du. IT IS FURTHER ORDERED that the Jury Trial set for 7/9/2012 at 9:00 AM before Judge James C. Mahan in Courtroom 6A is reset to 7/10/2012 at 08:30 AM in LV Courtroom 4A before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 06/05/2012)
2012-06-08 31 0 STIPULATION to continue pretrial motions and trial (Second Request) by USA as to Kelly Nunes, Heidi Haischer. (Hall, Thomas) Modified text on 6/8/2012 (LMC). (Entered: 06/08/2012)
2012-06-08 32 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Kelly Nunes, Heidi Haischer on 6/8/2012. By Deputy Clerk: Peggie Vannozzi. RE: 31 Stipulation filed by USA. Before the Court is the Stipulation to continue trial. LCR 45-4 requires stipulations to continue trial "be accompanied by a proposed order that contains factual findings and relevant statutory citations, if any." The Court directs counsel to refile the stipulation with the appropriate findings of fact and proposed order containing spaces for the Courtroom Administrator to reset the trial. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 06/08/2012)
2012-06-08 33 0 STIPULATION to continue pretrial motions and trial (Second Request) by USA as to Kelly Nunes, Heidi Haischer. (Attachments: # 1 Proposed Order)(Hall, Thomas) Modified text on 6/8/2012 (LMC). (Entered: 06/08/2012)
2012-06-11 34 0 ORDER TO CONTINUE - Ends of Justice - Granting 33 Stipulation to Continue Trial as to Kelly Nunes and Heidi Haischer. Time excluded from 7/10/12 until 9/11/12. Jury Trial reset for 9/11/2012 08:30 AM in LV Courtroom 4A before Judge Miranda M. Du. Calendar Call reset for 8/29/2012 09:00 AM in LV Courtroom 4A before Judge Miranda M. Du. Motions due by 7/6/2012. Responses due by 7/20/2012. Replies due by 7/27/2012. Proposed Voir Dire due by 9/4/2012. Proposed Jury Instructions due by 9/4/2012. Trial Briefs due by 9/4/2012. Signed by Judge Miranda M. Du on 06/11/12. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 06/11/2012)
2012-08-14 37 0 ORDER REGARDING TRIAL as to Heidi Haischer Jury Trial set for 9/11/2012 09:00 AM in LV Courtroom 4A before Judge Miranda M. Du. Calendar Call set for 8/29/2012 09:00 AM in LV Courtroom 4A before Judge Miranda M. Du. Exhibit List due by 9/4/2012. Proposed Voir Dire due by 9/4/2012. Proposed Jury Instructions due by 9/4/2012. Trial Briefs due by 9/4/2012. Signed by Judge Miranda M. Du on 8/14/2012. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 08/14/2012)
2012-08-17 38 0 STIPULATION to continue trial by USA as to Kelly Nunes, Heidi Haischer. (Young, Brian) (Entered: 08/17/2012)
2012-08-20 39 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 8/20/2012. By Deputy Clerk: Peggie Vannozzi. RE: 38 Stipulation filed by USA. LCR 45-4 requires a stipulation to continue trial "to be accompanied by a proposed order that contains factual findings and relevant citations, if any." 38 is rejected. Counsel are directed to refile the stipulation in compliance with LCR 45-4. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 08/20/2012)
2012-08-20 40 0 STIPULATION to continue trial by USA as to Kelly Nunes, Heidi Haischer. (Attachments: # 1 Proposed Order)(Young, Brian) Modified to show stipulation only pertains to defendant Haischer on 8/22/2012 (LMC). (Entered: 08/20/2012)
2012-08-29 41 0 MINUTES OF PROCEEDINGS - Calendar Call as to Heidi Haischer held on 8/29/2012 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Thomas Hall; Def Counsel: Gabriel Grasso; Court Reporter/FTR #: Ellen Ford; Time of Hearing: 9:30 AM - 9:45; Courtroom: 4A; Defendant is present. Mr. Grasso makes representations regarding the receipt of discovery from the Government and requests additional time to prepare for trial. The Court canvasses the Defendant on her Speedy Trial Act rights. Defendant waives Speedy Trial time. The 9/11/2012 trial date is vacated. The Court makes findings for the record and will issue an order on this matter setting the Calendar Call for 10/24/2012 09:00 AM in LV Courtroom 4A before Judge Miranda M. Du and Jury Trial for 10/30/2012 09:00 AM in LV Courtroom 4A before Judge Miranda M. Du. Mr. Grasso discloses to the Court a possible conflct. The Court finds that there is no conflict. Defendant is continued on present terms of release. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 08/29/2012)
2012-08-29 42 0 ORDER TO CONTINUE - Ends of Justice - Granting 40 Stipulation to Continue Trial as to Heidi Haischer. Time excluded from 9/12/12 until 10/30/12. Jury Trial reset for 10/30/2012 09:00 AM in LV Courtroom 4A before Judge Miranda M. Du. Signed by Judge Miranda M. Du on 8/29/2012. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 08/29/2012)
2012-09-10 43 0 MOTION in Limine for Order Restricting Use of FBI 302s by USA as to Heidi Haischer. Responses due by 9/27/2012. (Young, Brian) (Entered: 09/10/2012)
2012-09-18 46 0 STATEMENT of of the Case (Joint) by USA as to Heidi Haischer. (Young, Brian) (Entered: 09/18/2012)
2012-09-20 48 0 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carl W. Hoffman, as to Heidi Haischer on 9/20/2012. RE: 47 First SEALED EX PARTE MOTION for public funds to assist in costs of her defense (sealed) filed by Heidi Haischer. Motion Hearing set for 9/27/2012 10:00 AM in LV Courtroom 3C before Magistrate Judge Carl W. Hoffman. (no image attached) (Copies have been distributed pursuant to the NEF - KMB) (Entered: 09/20/2012)
2012-09-25 49 0 STIPULATION Regarding Exhibits by USA as to Heidi Haischer. (Hall, Thomas) (Entered: 09/25/2012)
2012-09-27 51 0 RESPONSE to 43 MOTION in Limine for Order Restricting Use of FBI 302s ; filed by Heidi Haischer. Replies due by 10/3/2012. (Grasso, Gabriel) (Entered: 09/27/2012)
2012-10-01 52 0 MOTION in Limine to Exclude Evidence of Lender Negligence by USA as to Heidi Haischer. Responses due by 10/18/2012. (Young, Brian) (Entered: 10/01/2012)
2012-10-02 53 0 ORDER REGARDING TRIAL as to Heidi Haischer Jury Trial set for 10/30/2012 09:00 AM in LV Courtroom 4A before Judge Miranda M. Du. Calendar Call set for 10/17/2012 09:00 AM in LV Courtroom 4A before Judge Miranda M. Du. Exhibit List due by 10/16/2012. Proposed Voir Dire due by 10/23/2012. Proposed Jury Instructions due by 10/23/2012. Trial Briefs due by 10/23/2012. Signed by Judge Miranda M. Du on 10/2/2012. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 10/02/2012)
2012-10-03 54 0 REPLY to Response to 43 MOTION in Limine for Order Restricting Use of FBI 302s filed by USA as to Heidi Haischer. (Young, Brian) (Entered: 10/03/2012)
2012-10-03 55 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 10/3/2012. By Deputy Clerk: Peggie Vannozzi. 53 Order Regarding Trial contained the wrong date for calendar call. Calendar Call set for 10/17/2012 at 9:00 AM is reset to 10/24/2012 09:00 AM in LV Courtroom 4A before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 10/03/2012)
2012-10-04 56 0 JOINT DISCOVERY AGREEMENT filed by USA as to Heidi Haischer. (Young, Brian) (Entered: 10/04/2012)
2012-10-09 57 0 First MOTION in Limine to deny admission of tax returns by Heidi Haischer. Responses due by 10/26/2012. (Grasso, Gabriel) (Entered: 10/09/2012)
2012-10-10 58 0 MOTION in Limine to exclude evidence of duress by USA as to Heidi Haischer. Responses due by 10/27/2012. (Young, Brian) (Entered: 10/10/2012)
2012-10-11 59 0 EXHIBIT LIST by USA as to Heidi Haischer (Hall, Thomas) (Entered: 10/11/2012)
2012-10-16 62 0 EXHIBIT LIST by Heidi Haischer (Grasso, Gabriel) (Entered: 10/16/2012)
2012-10-18 63 0 PROPOSED Voir Dire by USA as to Heidi Haischer (Young, Brian) (Entered: 10/18/2012)
2012-10-18 64 0 ORDER Denying 43 Motion in Limine as to Heidi Haischer. IT IS FURTHER ORDERED that 44 Motion in Limine as to Heidi Haischer is Granted. IT IS FURTHER ORDERED that 45 Motion to Seal as to Heidi Haischer is Granted. IT IS FURTHER ORDERED that 57 Motion in Limine as to Heidi Haischer is Denied. IT IS FURTHER ORDERED that 61 Motion to Seal as to Heidi Haischer is Granted. Signed by Judge Miranda M. Du on 10/17/2012. (Copies have been distributed pursuant to the NEF - SLD) (Entered: 10/18/2012)
2012-10-18 65 0 EXHIBIT LIST by Heidi Haischer first amended trial exhibit list (Grasso, Gabriel) (Entered: 10/18/2012)
2012-10-18 66 0 MINUTES OF PROCEEDINGS - Calendar Call as to Heidi Haischer held on 10/17/2012 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Brian Young (via telephone); Def Counsel: Zohra Bakhetary and Julian Gregory for Gabriel Grasso ; Court Reporter/FTR #: Ellen Ford; Time of Hearing: 9:24 AM - 9:25 AM; Courtroom: 4A; Defendant is not present. Mr. Young advises the Court that the trial will take 2 1/2 to 3 days. Defense counsel indicate that their case in chief should take 1 to 1/2 days. The Court will revisit this case next Wednesday at calendar call but advises counsel that this matter will not go first on the Court's trial calendar. The Court will wait on responses on the motions. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) Modified on 10/18/2012 (PAV). (Entered: 10/18/2012)
2012-10-18 67 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 10/18/2012. By Deputy Clerk: Peggie Vannozzi. Jury Voir Dire is set for 11/6/2012 09:00 AM in LV Courtroom 4A before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 10/18/2012)
2012-10-19 69 0 EXHIBIT LIST by USA as to Heidi Haischer (First Amended Exhibit List) (Hall, Thomas) (Entered: 10/19/2012)
2012-10-19 70 0 RESPONSE in opposition to 58 MOTION in Limine to exclude evidence of duress filed by Heidi Haischer. Replies due by 10/25/2012. (Grasso, Gabriel) Modified to remove duplicate wording on 10/19/2012 (LMC). (Entered: 10/19/2012)
2012-10-19 71 0 RESPONSE in opposition to 52 MOTION in Limine to Exclude Evidence of Lender Negligence filed by Heidi Haischer. Replies due by 10/25/2012. (Grasso, Gabriel) Modified to remove duplicate wording on 10/19/2012 (LMC). (Entered: 10/19/2012)
2012-10-22 72 0 MOTION in Limine to Exclude Defense Exhibits 530, 531, and 532 by USA as to Heidi Haischer. Responses due by 11/8/2012. (Attachments: # 1 Exhibit 530, # 2 Exhibit 531, # 3 Exhibit 532)(Young, Brian) (Entered: 10/22/2012)
2012-10-22 73 0 REPLY to Response to 52 MOTION in Limine to Exclude Evidence of Lender Negligence filed by USA as to Heidi Haischer. (Young, Brian) (Entered: 10/22/2012)
2012-10-23 74 0 EXHIBIT LIST by Heidi Haischer second amended trial exhibit list (Grasso, Gabriel) (Entered: 10/23/2012)
2012-10-23 75 0 EXHIBIT LIST by USA as to Heidi Haischer (second amended) (Young, Brian) (Entered: 10/23/2012)
2012-10-23 76 0 PROPOSED Jury Instructions by Heidi Haischer (Grasso, Gabriel) (Entered: 10/23/2012)
2012-10-23 77 0 RESPONSE in opposition to 72 MOTION in Limine to Exclude Defense Exhibits 530, 531, and 532 filed by Heidi Haischer. Replies due by 10/29/2012. (Grasso, Gabriel) Modified to remove duplicate wording on 10/24/2012 (LMC). (Entered: 10/23/2012)
2012-10-23 78 0 PROPOSED Voir Dire by Heidi Haischer (Grasso, Gabriel) Modified text on 10/24/2012 (LMC). (Entered: 10/23/2012)
2012-10-23 79 0 PROPOSED Jury Instructions by USA as to Heidi Haischer (Young, Brian) (Entered: 10/23/2012)
2012-10-24 80 0 MINUTES OF PROCEEDINGS - Calendar Call as to Heidi Haischer held on 10/24/2012 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Thomas Hall and Brian Young ; Def Counsel: Gabriel Grasso ; Court Reporter/FTR #: Ellen Ford; Time of Hearing: 9:00 AM - 9:25 AM; Courtroom: 4A; Defendant is present. The Court advises that it will issue an order today granting 52 Motion in Limine as to Heidi Haischer (2) and 58 Motion in Limine as to Heidi Haischer (2). The Court will allow Defense counsel to request an evidentiary hearing on the issue of duress. Mr. Grasso asks for the hearing. Mr. Grasso also asks that the Court reset the trial to allow him to attend a conference in Atlanta, GA 11/8 through 11/9. The Court will not change the trial date. Jury selection is set for 11/6/2012 at 9:00 AM. The trial will commence 11/7/2012. Evidentiary Hearing on duress is set for 11/5/2012 03:00 PM in LV Courtroom 4A before Judge Miranda M. Du. The defendant is continued on conditions of pretrial release. (Copies have been distributed pursuant to the NEF - PAV) Modified on 10/24/2012 to reflect correct attorneys(PAV). (Entered: 10/24/2012)
2012-10-24 81 0 ORDER Granting 43 MOTION in Limine for Order Restricting Use of FBI 302s filed by USA. IT IS FURTHER ORDERED that 52 MOTION in Limine to Exclude Evidence of Lender Negligence filed by USA is GRANTED. The Court will rule on 58 MOTION in Limine to exclude evidence of duress filed by USA following the pre-trial hearing. Signed by Judge Miranda M. Du on 10/24/2012. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 10/24/2012)
2012-10-26 82 0 REPLY to Response to 72 MOTION in Limine to Exclude Defense Exhibits 530, 531, and 532 filed by USA as to Heidi Haischer. (Young, Brian) (Entered: 10/26/2012)
2012-10-29 83 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 10/29/2012. By Deputy Clerk: Peggie Vannozzi. RE: 72 MOTION in Limine to Exclude Defense Exhibits 530, 531, and 532 filed by USA. Motion Hearing set for 11/5/2012 03:00 PM in LV Courtroom 4A before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 10/29/2012)
2012-11-05 84 0 MINUTES OF PROCEEDINGS - Motion Hearing as to Heidi Haischer held on 11/5/2012 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Brian Young & Thomas Hall; Def Counsel: Gabriel Grasso; Court Reporter/FTR #: Ellen Ford; Time of Hearing: 2:52 PM - 4:20 PM; Courtroom: 4A; Defendant is present. Richard Boulware, counsel for Kelly Nunez, is present. Mr. Boulware advises the Court that Defendant has subpoenaed his client to testify in this trial. The Government will need to arrange Mr. Nunez's transportation from FCI Safford, AZ. Counsel make suggestions as to where Mr. Boulware will sit during Mr. Nunez's testimony. Mr. Boulware is excused. Evidentiary Hearing on 58 commences. Penny Haischer is sworn to testify, and is examined by Mr. Grasso and Mr. Young. Doris Jean Mitchell is sworn to testify and is examined by Mr. Grasso and Mr. Hall. The Court will take the matter under advisement. The Court grants 72 Motion in Limine as to Heidi Haischer (2) for the reasons given in court. The Court explains its jury selection process and the way it will conduct the trial. The Government exits the Courtroom. Mr. Grasso discusses CJA matters with the Court. Defendant is continued on present terms of release. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 11/05/2012)
2012-11-06 85 0 STIPULATION Regarding Exhibits by USA as to Heidi Haischer. (Hall, Thomas) (Entered: 11/06/2012)
2012-11-06 86 0 WITNESS LIST by Heidi Haischer. (Grasso, Gabriel) (Entered: 11/06/2012)
2012-11-06 87 0 MINUTES OF PROCEEDINGS - Jury Trial as to Heidi Haischer held on 11/6/2012 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Brian Young and Thomas Hall; Def Counsel: Gabriel Grasso; Court Reporter/FTR #: Ellen Ford; Time of Hearing: 9:15 AM - 3:00 PM; Courtroom: 4A; Day 1 of the trial. Defendant is present. See attached minutes for specifics. The Court DENIES 58 Motion in Limine as to Heidi Haischer (2). The Court conducts Voir Dire. 14 jurors seated and sworn. Opening statement by Mr. Young. Defendant reserves opening statement. Plas Witnesses: Bill Theobald, Lisa Parsons. Exhibits admitted. Defendant is continued on present terms of release. Jury Trial continued to 11/7/2012 09:00 AM in LV Courtroom 4A before Judge Miranda M. Du. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 11/06/2012)
2012-11-06 88 0 ORDER Denying 58 MOTION in Limine to exclude evidence of duress filed by USA as to Heidi Haischer. Signed by Judge Miranda M. Du on 11/6/12. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 11/06/2012)
2012-11-06 89 0 MOTION in Limine to exclude Exhibits 501-503 by USA as to Heidi Haischer. Responses due by 11/23/2012. (Young, Brian) (Entered: 11/06/2012)
2012-11-07 90 0 RESPONSE to 89 MOTION in Limine to exclude Exhibits 501-503 filed by Heidi Haischer. Replies due by 11/13/2012. (Grasso, Gabriel) Modified to remove duplicate wording on 11/7/2012 (LMC). (Entered: 11/07/2012)
2012-11-07 91 0 MINUTES OF PROCEEDINGS - Jury Trial as to Heidi Haischer held on 11/7/2012 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Brian Young and Thomas Hall; Def Counsel: Gabriel Grasso; Court Reporter/FTR #: Ellen Ford; Time of Hearing: 10:13 AM - 5:08 PM; Courtroom: 4A; Day 2 of the trial. Defendant is present. See attached minutes for specifics. The Court advises cousnel that it is granting 89 Motion in Limine as to Heidi Haischer (2) for the reasons given in open court. Plas Witnesses: Patricia Forcier, Abel Manrique, Dawn Tomazich. Exhibits admitted. Defendant is continued on present terms of release. Jury Trial is continued to 11/8/2012 09:00 AM in LV Courtroom 4A before Judge Miranda M. Du. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 11/07/2012)
2012-11-09 93 0 MINUTES OF PROCEEDINGS - Jury Trial as to Heidi Haischer held on 11/8/2012 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Brian Young and Thomas Hall; Def Counsel: Gabriel Grasso; Court Reporter/FTR #: Ellen Ford; Time of Hearing: 9:07 AM - 5:15 PM; Courtroom: 4A; Day 3 of the trial. Proceedings begin at 9:07 AM. Defendant is present. Defendant renews motion for judgment of acquittal. The Court denies the motion. The Court will allow the Government to recall Dawn Tomazich to identify the defendant. Jury enters at 9:22 AM. Government witness Dawn Tomazich resumes the witness stand, is examined and excused. The Government rests. Defendant's witnesses Doris Mitchell and Penny Haischer are sworn, examined and excused. Defendants exhibits 534, 538 and 539 are marked and admitted during Doris Mitchells testimony. Jury exits at 11:58 PM. Proceedings reconvene at 12:13 PM, outside the presence of the jury. AFPDs Richard Boulware and Rachel Korenblat are present. Kelly Nunes is sworn and examined and returns to the US Marshal lockup. The Court and counsel settle jury instructions. Proceedings recess from 1:10 PM to 1:45 PM. The jury is not present. The Court and counsel confer on jury instructions. The jury enters at 1:55 PM. Defendant's witnesses Sean Claggett and James Barger are sworn, examined and excused. The jury exits at 2:50 PM. The Court and counsel discuss a note from the jury. The Court canvasses the Defendant on her right to testify. Proceedings recess from 2:56 PM to 3:06 PM. The jury is present. AFPD Richard Boulware is present as counsel for witness Michael Nunes. Defense witness Michael Nunes is sworn, examined and excused. The jury exits at 3:18 PM. Mr. Grasso makes an oral motion to have the Court reconsider its ruling with regard to the admissibility of testimony of abuse and domestic violence. The Court denies the request. Proceedings reconvene at 3:21 PM, with the jury present. Defendant Heidi Haischer is sworn to testify, under examination by Mr. Young and Mr. Grasson. Governments exhibit 28 and Defendants exhibit 540 are marked and admitted. Defense rests. Government rests. The Court admonishes the jury and continues the jury trial to Friday, November 9, 2012 at 9:00 AM. The jury exits at 5:15 PM. The Court advises counsel that it wil lemail the instructions and proposed verdict form from the Chambers e-mailbox. Proceedings recess at 5:17 PM. Defendant is continued on present terms of release. Jury Trial set for 11/9/2012 09:00 AM in LV Courtroom 4A before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 11/09/2012)
2012-11-09 94 0 EXHIBIT LIST by Heidi Haischer defendant's final exhibit list (Grasso, Gabriel) (Entered: 11/09/2012)
2012-11-09 95 0 MINUTES OF PROCEEDINGS - Jury Trial as to Heidi Haischer held on 11/9/2012 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Brian Young and Thomas Hall; Def Counsel: Gabriel Grasso; Court Reporter/FTR #: Ellen Ford; Time of Hearing: 9:07 AM - 11:33 AM; 3:11 PM - 3:36 PM; Courtroom: 4A; Day 4 of the trial. Defendant is present. Instructions are read. Mr. Hall, Mr. Grasso and Mr. Young present closing arguments. The bailiff is sworn. The jury retires to deliberate at 11:33 AM. The jury informs the Court by note that it has reached a verdict. Proceedings reconvene at 3:11 PM with all parties and the jury present. The verdict is read. The jury finds Heidi Haischer (2) Found GUILTY on Count 1,2. The jury is polled. The Court thanks the jury and excuses them. Sentencing is set for 3/4/2013 at 10:00 AM. Defendant is continued on present terms of release. Sentencing and disposition set for 3/4/2013 10:00 AM in LV Courtroom 4A before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 11/09/2012)
2012-11-09 96 0 JURY INSTRUCTIONS as to Heidi Haischer. (EDS) (Entered: 11/13/2012)
2012-11-09 98 0 SECOND AMENDED TRIAL EXHIBIT LIST by USA as to Heidi Haischer. (EDS) (Entered: 11/13/2012)
2012-11-09 99 0 SECOND AMENDED TRIAL EXHIBIT LIST by Heidi Haischer. (EDS) (Entered: 11/13/2012)
2012-11-09 101 0 JURY VERDICT as to Heidi Haischer (2) Guilty on Counts 1 and 2. (EDS) (Entered: 11/13/2012)
2012-11-26 102 0 First MOTION for New Trial by Heidi Haischer. Responses due by 12/13/2012. (Grasso, Gabriel) Modified to remove duplicate wording on 11/28/2012 (LMC). (Entered: 11/26/2012)
2012-12-03 103 0 RESPONSE to 102 MOTION for New Trial ; filed by USA as to Heidi Haischer. Replies due by 12/9/2012. (Young, Brian) (Entered: 12/03/2012)
2012-12-11 104 0 ORDER as to Heidi Haischer. This Court having ordered the jury impaneled in this action to be kept together during period(s) of deliberation, IT IS ORDERED that all meals for said jury shall be paid by the Clerk of Court. Signed by Judge Miranda M. Du on 12/11/2012. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 12/11/2012)
2012-12-12 105 0 REPLY to Response to 102 MOTION for New Trial filed by Heidi Haischer. (Grasso, Gabriel) (Entered: 12/12/2012)
2012-12-12 106 0 REPLY to opposition to motion for new trial 102 by Heidi Haischer. (Grasso, Gabriel) Modified to correct filing event and link to proper motion on 12/14/2012 (LMC). (Entered: 12/12/2012)
2013-01-03 107 0 ORDER Denying 102 Motion to Set Aside Verdict and Request for New Trial as to Heidi Haischer (2). Signed by Judge Miranda M. Du on 01/03/2013. (Copies have been distributed pursuant to the NEF - AC) (Entered: 01/03/2013)
2013-02-07 108 0 DESIGNATION OF RETAINED COUNSEL: Franny A. Forsman appearing for Heidi Haischer (Forsman, Franny) Modified to correct filing event on 2/8/2013 (LMC). (Entered: 02/07/2013)
2013-02-12 109 0 STIPULATION FOR EXTENSION OF TIME (First Request) Sentencing Hearing by Heidi Haischer. (Forsman, Franny) (Entered: 02/12/2013)
2013-02-15 110 0 ORDER ON STIPULATION re 109 Stipulation filed by Heidi Haischer, Sentencing and disposition set for 3/4/2013 at 10:00 AM is reset to 4/3/2013 11:00 AM in LV Courtroom 4A before Judge Miranda M. Du. Signed by Judge Miranda M. Du on 2/13/2913. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 02/15/2013)
2013-03-15 111 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 3/15/2013. By Deputy Clerk: Peggie Vannozzi.Sentencing and disposition set for 4/3/2013 at 11:00 AM is reset to 4/8/2013 02:30 PM in LV Courtroom 4A before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 03/15/2013)
2013-03-29 112 0 SENTENCING MEMORANDUM by USA as to Heidi Haischer. (Attachments: # 1 Exhibit 101, # 2 Exhibit 102, # 3 Exhibit 103, # 4 Exhibit 104)(Hall, Thomas) (Entered: 03/29/2013)
2013-04-01 113 0 SENTENCING MEMORANDUM by Heidi Haischer. (Grasso, Gabriel) ERROR: Document not signed by counsel. 4/2/2013 (LMC) Corrected Image 116 filed on 4/5/2013. (ASB) (Entered: 04/01/2013)
2013-04-02 115 0 NOTICE: Attorney Action Required to 113 Sentencing Memorandum. ERROR: Document not signed by counsel. Attorney Grasso to file a Notice of Corrected Image/Document event under the Notices category and link to 113 Sentencing Memorandum. (no image attached)(LMC) (Entered: 04/02/2013)
2013-04-02 116 0 NOTICE of Corrected Image/Document re 113 Sentencing Memorandum by Heidi Haischer. (Service of corrected image is attached). (Grasso, Gabriel) (Entered: 04/02/2013)
2013-04-02 117 0 STIPULATION to continue sentencing date (second request) by Heidi Haischer. (Grasso, Gabriel) (Entered: 04/02/2013)
2013-04-02 118 0 ORDER ON STIPULATION re 117 Stipulation filed by Heidi Haischer. Sentencing and disposition set for 4/8/2013 at 2:30 is reset to 4/15/2013 03:30 PM in LV Courtroom 4A before Judge Miranda M. Du. Signed by Judge Miranda M. Du on 4/2/2013. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/02/2013)
2013-04-09 119 0 EXHIBIT(s) letters filed on behalf of the defendant in re: sentencing filed by Heidi Haischer. (Grasso, Gabriel) (Entered: 04/09/2013)
2013-04-10 120 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 4/10/2013. By Deputy Clerk: Peggie Vannozzi. Sentencing and disposition set for 4/15/2013 03:30 PM will be heard in LV Courtroom 6C before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/10/2013)
2013-04-12 121 0 RESPONSE to 113 Sentencing Memorandum, by USA as to Heidi Haischer. . (Attachments: # 1 Exhibit 105, # 2 Exhibit 106)(Hall, Thomas) (Entered: 04/12/2013)
2013-04-12 122 0 Second MOTION for New Trial by Heidi Haischer. Responses due by 4/29/2013. (Grasso, Gabriel) (Entered: 04/12/2013)
2013-04-12 123 0 MOTION Delay entry of Judgment until resolution of Motion for New Trial by Heidi Haischer. Responses due by 4/29/2013. (Forsman, Franny) (Entered: 04/12/2013)
2013-04-12 126 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 4/12/2013. By Deputy Clerk: Peggie Vannozzi.Sentencing and disposition set for 4/15/2013 at 3:30 PM is reset to 5/6/2013 02:00 PM in LV Courtroom 4A before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/12/2013)
2013-04-17 127 0 RESPONSE to 122 Second MOTION for New Trial ; filed by USA as to Heidi Haischer. Replies due by 4/23/2013. (Attachments: # 1 Exhibit A)(Young, Brian) (Entered: 04/17/2013)
2013-04-22 128 0 PARTIAL TRANSCRIPT of Proceedings, 95 Jury Trial (EXCERPT) as to Heidi Haischer held on 11/9/2012 before Judge Miranda M. Du. Court Reporter/Transcriber: Ellen Ford, 585-957-4268. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/13/2013. Redacted Transcript Deadline set for 5/23/2013. Release of Transcript Restriction set for 7/21/2013. (ABB) Modified on 7/2/2013 Redacted transcript filed 146 . (AF). (Entered: 04/22/2013)
2013-04-23 129 0 REPLY to Response to 122 Second MOTION for New Trial filed by Heidi Haischer. (Forsman, Franny) (Entered: 04/23/2013)
2013-04-24 130 0 First MOTION for for Evidentiary Hearing re 122 MOTION for New Trial by Heidi Haischer. Motion ripe 4/24/2013. (Forsman, Franny) Modified text on 4/25/2013 (LMC). (Entered: 04/24/2013)
2013-04-25 131 0 REPLY to 121 Response to 113 Sentencing Memorandum by Heidi Haischer. (Forsman, Franny) Modified docket event type on 4/26/2013. (ASB) (Entered: 04/25/2013)
2013-04-30 132 0 RESPONSE to 130 First MOTION for for Evidentiary Hearing re 122 MOTION for New Trial ; filed by USA as to Heidi Haischer. Replies due by 5/6/2013. (Young, Brian) (Entered: 04/30/2013)
2013-04-30 133 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 4/30/2013. By Deputy Clerk: Peggie Vannozzi. IT IS ORDERED: the reply to 130 Defendant's Motion for Evidentiary hearing is due by 12:00 noon on 5/3/2013. The Court will hear the Motion on 5/6/2013 02:00 PM in LV Courtroom 4A before Judge Miranda M. Du. The proposed witness is to be present at the hearing. The matter will remain on calendar for sentencing on 5/6/2013 at 2:00 PM in LV Courtroom 4A before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/30/2013)
2013-05-01 134 0 ORDER Granting 130 Motion for Evidentiary Hearing as to Heidi Haischer (2). Evidentiary Hearing set for 5/6/2013 02:00 PM in LV Courtroom 4A before Judge Miranda M. Du. Signed by Judge Miranda M. Du on 05/01/2013. (Copies have been distributed pursuant to the NEF - AC) (Entered: 05/01/2013)
2013-05-01 135 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 5/1/2013. By Deputy Clerk: Peggie Vannozzi. RE: 133 In view of the Court's order 134 , docket # 133 is vacated (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 05/01/2013)
2013-05-02 136 0 SURREPLY to 112 Sentencing Memorandum by USA as to Heidi Haischer. (Attachments: # 1 Exhibit 107)(Hall, Thomas) Modified to correct docket title and link to proper document on 5/2/2013 (LMC). (Entered: 05/02/2013)
2013-05-02 137 0 RESPONSE to Surreply to 112 Sentencing Memorandum, by Heidi Haischer. (Forsman, Franny) Modified text on 5/2/2013 (LMC). (Entered: 05/02/2013)
2013-05-06 138 0 MINUTES OF PROCEEDINGS - Sentencing and Disposition as to Heidi Haischer held on 5/6/2013 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Thomas Hall (Brian Young is present by telephone); Def Counsel: Gabriel Grasso and Franny Forsman; USPO: Bridger Franzen; Court Reporter/FTR #: Kathy Eismann; Time of Hearing: 2:03 PM - 4:30 PM; Courtroom: 4A; Defendant is present. The Court denies as moot 123 Motion Delay Entry of Judgment until Ruling on Motion for New Trial as to Heidi Haischer (2). Thomas Francis Kinsora is called by Defendant as a witness. Ms. Forsman and Mr. Hall examine the witness. Defendant's exhibit 1 is marked and admitted. Government's exhibit 111 will be appended to the Presentence Report as an exhibit. The Court hears argument on Defendant's Motion for New Trial 122 and denies the motion. A written order will follow. The Court makes findings on the Guideline Calculation. The Court directs counsel to brief the restitution issue within 45 days of this date. The Court directs the Government to clarify 1) the affirmation from MortgageIt that it did not sell the loan; 2) whether the sale was for accounting purposes; 3) and issues relating to the insurance company. Defendant is to brief the issue of charge-offs. Briefs are due on or before 6/21/2013. The Court makes findings and grants a variance under 18 USC 3553(a). Sentence is imposed as to counts 1 and 2. Drug Testing is waived during term of supervised release. Ms. Forsman asks the Court to delay entry of judgment until after the restitution issue is determined. The Court takes the request under advisement. The restitution hearing can be vacated if the figures found in the presentence report are correct. Ms. Forsman makes an oral motion for bail pending appeal. The Court directs her to file a written motion. Defendant is advised of right to file an appeal. Defendant is allowed to self surrender by 12:00 PM on 9/3/2013. Bond to be automatically exonerated upon written notification by the U.S. Marshal that the defendant has self surrendered as ordered. Ms. Grasso's oral motion to be relieved as CJA counsel is granted. ( Status Conference set for 7/1/2013 11:00 AM in LV Courtroom 4A before Judge Miranda M. Du.) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 05/06/2013)
2013-05-07 139 0 EXHIBIT LIST by Heidi Haischer (PAV) (Entered: 05/07/2013)
2013-05-13 140 0 ORDER Denying 122 Second Motion for New Trial as to Heidi Haischer. Signed by Judge Miranda M. Du on 05/13/2013. (Copies have been distributed pursuant to the NEF - AC) (Entered: 05/14/2013)
2013-05-14 142 0 TRANSCRIPT of Proceedings, 87 Jury Trial DAY ONE as to Heidi Haischer held on 11/6/2012 before Judge Miranda M. Du. Court Reporter/Transcriber: Ellen Ford, 585-957-4268. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2013. Redacted Transcript Deadline set for 6/14/2013. Release of Transcript Restriction set for 8/12/2013. (HE) Modified on 7/2/2013 Redacted transcript filed 147 . (AF) (Entered: 05/14/2013)
2013-05-14 143 0 TRANSCRIPT of Proceedings, 91 Jury Trial DAY TWO as to Heidi Haischer held on 11/7/2012 before Judge Miranda M. Du. Court Reporter/Transcriber: Ellen Ford, 585-957-4268. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2013. Redacted Transcript Deadline set for 6/14/2013. Release of Transcript Restriction set for 8/12/2013. (HE) (Entered: 05/14/2013)
2013-05-14 144 0 TRANSCRIPT of Proceedings, 93 Jury Trial DAY THREE as to Heidi Haischer held on 11/8/2012 before Judge Miranda M. Du. Court Reporter/Transcriber: Ellen Ford, 585-957-4268. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2013. Redacted Transcript Deadline set for 6/14/2013. Release of Transcript Restriction set for 8/12/2013. (HE) (Entered: 05/14/2013)
2013-05-14 146 0 TRANSCRIPT, redacted version of 128 Jury Trial DAY FOUR Transcript as to Heidi Haischer (HE) (Entered: 05/14/2013)
2013-05-14 147 0 TRANSCRIPT, redacted version of 142 Jury Selection Transcript as to Heidi Haischer (HE) (Entered: 05/14/2013)
2013-05-14 148 0 MOTION Release Pending Appeal by Heidi Haischer. Responses due by 5/31/2013. (Forsman, Franny) (Entered: 05/14/2013)
2013-05-20 149 0 RESPONSE to 148 MOTION Release Pending Appeal ; filed by USA as to Heidi Haischer. Replies due by 5/26/2013. (Hall, Thomas) (Entered: 05/20/2013)
2013-05-26 150 0 REPLY to Response to 148 MOTION Release Pending Appeal filed by Heidi Haischer. (Forsman, Franny) (Entered: 05/26/2013)
2013-06-05 151 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 6/5/2013. By Deputy Clerk: Peggie Vannozzi.Status Hearing re: Restitution set for 7/10/2013 11:00 AM in LV Courtroom 4A before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 06/05/2013)
2013-06-13 152 0 ORDER Denying 148 Motion to Release Pending Appeal as to Heidi Haischer (2). Signed by Judge Miranda M. Du on 06/13/2013. (Copies have been distributed pursuant to the NEF - AC) (Entered: 06/13/2013)
2013-06-21 153 0 MOTION To Enter Judgment by USA as to Heidi Haischer. Responses due by 7/8/2013. (Attachments: # 1 Exhibit A)(Hall, Thomas) (Entered: 06/21/2013)
2013-06-24 154 0 MOTION for Leave to File Request to Respond to Government's Motion to Enter Judgment of Conviction by Heidi Haischer. Motion ripe 6/24/2013. (Forsman, Franny) (Entered: 06/24/2013)
2013-06-24 155 0 NOTICE OF APPEAL by Heidi Haischer re 152 Order on Motion Filing fee $ 455, receipt number 0978-2864500. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Forsman, Franny) (Entered: 06/24/2013)
2013-06-25 156 0 Designation of Transcripts and Transcript Order forms and instructions for 155 Notice of Appeal as to Heidi Haischer. The forms may also be obtained on the Court's website at www.nvd.uscourts.gov/Forms.aspx. (LMC) (Entered: 06/25/2013)
2013-06-25 157 0 ORDER as to Heidi Haischer that portions of the sealed recording shall be unsealed by the Clerk for the limited purpose of providing transcripts of hearing as requested by Defendants Counsel. IT IS FURTHER ORDERED that portions of each sealed recording shall thereafter be resealed by the Clerk, until further order of this Court. Signed by Judge Miranda M. Du on 06/25/2013. (Copies have been distributed pursuant to the NEF - AC) (Entered: 06/25/2013)
2013-06-26 158 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 6/26/2013. By Judicial Assistant: Kathy Ryd. Good cause appearing, IT IS ORDERED that Defendant's Request for Opportunity to Respond to Government's Motion to Enter Judgment on Conviction (First Request) (dkt. no. 154) is GRANTED. (Copies have been distributed pursuant to the NEF - KER) (Entered: 06/26/2013)
2013-06-24 159 0 ORDER for Time Schedule as to 155 Notice of Appeal filed by Heidi Haischer. USCA Case Number 13-10335. (MMM) (Entered: 06/27/2013)
2013-06-28 160 0 RESPONSE to 153 MOTION To Enter Judgment ; filed by Heidi Haischer. Replies due by 7/4/2013. (Attachments: # 1 Exhibit)(Forsman, Franny) (Entered: 06/28/2013)
2013-07-02 161 0 SUPPLEMENT re restitution to 153 MOTION To Enter Judgment filed by Heidi Haischer. (Forsman, Franny) Modified to correct filing event on 7/2/2013 (LMC). (Entered: 07/02/2013)
2013-07-05 162 0 REPLY to Response to 153 MOTION To Enter Judgment filed by USA as to Heidi Haischer. (Attachments: # 1 Exhibit One, # 2 Exhibit Two)(Hall, Thomas) (Entered: 07/05/2013)
2013-07-08 163 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 7/8/2013. By Deputy Clerk: Peggie Vannozzi. IT IS ORDERED that the hearing set for 7/10/2013 at 11:00 AM is vacated. A written order on the Government's Motion for Entry of Judgment 153 will be issued. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 07/08/2013)
2013-07-09 164 0 ORDER Granting 153 Motion to Enter Judgment of Conviction as to Heidi Haischer (2). IT IS THEREFORE ORDERED that Defendant pay restitution in the amount of $107,078.22 to MortgageIT. Defendant is jointly and severally liable with Kelly Nunes in Case No. 2:10-cr-00356-LDG-VCF to pay this amount. Signed by Judge Miranda M. Du on 07/09/2013. (Copies have been distributed pursuant to the NEF - AC) (Entered: 07/09/2013)
2013-07-10 165 0 JUDGMENT as to Heidi Haischer (2), Counts 1-2, Sentenced 05/06/2013; 15 months Custody as to Count 1 and 15 months as to Count 2, to be served Concurrently; Self Surrender before 12:00 pm on 09/03/2013; 3 years Supervised Release with Special Conditions as to Count 1 and 3 years as to Count 2, to be served Concurrently; $200.00 Assessment; $107,078.22, Jointly and Severally with Kelly Nunes in Case No. 2:10-cv-356-LDG-VCF. Signed by Judge Miranda M. Du on 07/09/2013. (Copies have been distributed pursuant to the NEF - AC) (Entered: 07/10/2013)
2013-07-16 166 0 TRANSCRIPT of Proceedings, 84 Evidentiary and Motion Hearing as to Heidi Haischer held on 11/5/2012 before Judge Miranda M. Du. Court Reporter/Transcriber: Ellen Ford, 585-957-4268. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/6/2013. Redacted Transcript Deadline set for 8/16/2013. Release of Transcript Restriction set for 10/14/2013. (ABB) (Entered: 07/16/2013)
2013-07-22 167 0 NOTICE OF APPEAL by Heidi Haischer re 165 Judgment,, E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Forsman, Franny) (Entered: 07/22/2013)
2013-07-23 168 0 Designation of Transcripts and Transcript Order forms and instructions for 167 Notice of Appeal as to Heidi Haischer. The forms may also be obtained on the Court's website at www.nvd.uscourts.gov/Forms.aspx. (LMC) (Entered: 07/23/2013)
2013-07-22 169 0 ORDER for Time Schedule as to 167 Notice of Appeal filed by Heidi Haischer. Payment of the $455.00 U.S. Court of Appeals docket fee is past due. Appellant shall correct this deficiency within 14 days. USCA Case Number 13-10392. (AC) (Entered: 07/23/2013)
2013-07-23 170 0 AMENDED NOTICE OF APPEAL by Heidi Haischer E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Forsman, Franny) Modified to show amended on 7/24/2013 (LMC). (Entered: 07/23/2013)
2013-08-28 171 0 ORDER of USCA as to Heidi Haischer re 170 Notice of Appeal, 155 Notice of Appeal, and 167 Notice of Appeal. The motion to transfer the filing fee is GRANTED. Appeal No. 13-10335 is DISMISSED as duplicative of pending appeal No. 13-10392. Accordingly, appellants conditional motion to dismiss appeal No. 13-10392 is DENIED. Appellants motion for bail pending appeal is GRANTED. The matter is REMANDED to the district court for the limited purpose of establishing appropriate conditions of release. This order served on the district court shall act as and for the mandate of this court for appeal No. 13-10335. (AC) (Entered: 08/28/2013)
2013-08-28 173 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 8/28/2013. By Deputy Clerk: Peggie Vannozzi. Defendant Heidi Haischer is subject to the same current conditions of release pending the Court's determination as to whether these conditions must be modified. It is ordered that Pretrial Service prepare a report of its recommendations as to appropriate conditions of release pending appeal within 3 court days (by 9/3/2013, noon). A hearing on appropriate conditions of release pending appeal is set for for 9/4/2013 10:30 AM in Reno Courtroom 5 before Judge Miranda M. Du, with Defendant, Defense counsel and Pretrial Services appearing by video conference from LV Courtroom 4B. Counsel for the Government will participate by telephone, calling 1-888-684-8852, access code 5816466, security code 090413. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 08/28/2013)
2013-08-28 174 0 ORDER on Mandate as to Heidi Haischer re 171 USCA Order DISMISSING 155 Notice of Appeal and 170 Amended Notice of Appeal. Signed by Judge Miranda M. Du on 08/28/2013. (AC) (Entered: 08/28/2013)
2013-09-04 175 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 9/4/2013. By Deputy Clerk: Peggie Vannozzi.Hearing setting conditions of release pending appeal set for 9/4/2013at 10:30 AM is reset to 9/12/2013 10:00 AM, in Reno Courtroom 5 and by video Las Vegas Courtroom to be determined, before Judge Miranda M. Du. Defendant, defense counsel and Pretrial Services will appear in the Las Vegas Courtroom and conference with the Court's Reno courtroom by video conference. A hearing on appropriate conditions of release pending appeal is set for for 9/4/2013 10:30 AM in Reno Courtroom 5 before Judge Miranda M. Du, with Defendant, Defense counsel and Pretrial Services appearing by video conference from LV Courtroom 4B. Counsel for the Government will participate by telephone, calling 1-888-684-8852, access code 5816466, security code 091213. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 09/04/2013)
2013-09-04 176 0 NOTICE OF COURTROOM LOCATION in Las Vegas: re 175 Minute Order setting hearing on conditions of release pending appeal. PLEASE TAKE NOTICE that the Las Vegas side of the video conference on 9/12/2013 at 10:00 AM will be held in Courtroom 4B. (PAV) (Entered: 09/04/2013)
2013-09-12 177 0 MINUTES OF PROCEEDINGS - Bond Hearing as to Heidi Haischer held on 9/12/2013 before Judge Miranda M. Du. Crtrm Administrator: Eileen Wood; AUSA: Crane Pomerantz; Def Counsel: Franny Forsman; PTS: Zac Bowen; Court Recorder: Henry Enriquez; Time of Hearing: 10:00-10:04 AM; Courtroom: 4B. Defendant is present on bond. Counsel and defendant have no objections to hearing being conducted by video conference. Counsel have no objections to the Pretrial Services recommendation. The conditions of release are read into the record. The defendant is released with the following conditions: 1) Defendant shall be under Pretrial Supervision; 2) Defendant may not be employed in the mortgage industry; 3) Defendant shall seek/maintain lawful and verifiable employment or be enrolled in an educational program and provide proof of same to Pretrial Services; 4) Defendant shall surrender her passport and not obtain another passport; and 5) Defendant shall maintain her current residence and not move without prior approval of Pretrial Services. Defendant is released on bond. (no image attached) (Copies have been distributed pursuant to the NEF - EW) (Entered: 09/12/2013)
2013-10-18 178 0 TRANSCRIPT of Proceedings, 138 Order on Motion, Sentencing, as to Heidi Haischer held on May 6, 2013 before Judge Miranda M. Du. Court Reporter: Kathy Eismann, 702-431-1919, eismann.csr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through the court reporter or PACER. Redaction Request due 11/8/2013. Redacted Transcript Deadline set for 11/18/2013. Release of Transcript Restriction set for 1/16/2014. (KE) (Entered: 10/18/2013)
2015-03-25 179 0 OPINION of USCA to Vacate and Remand US District Court Judgment as to Heidi Haischer re 167 Notice of Appeal. (DC) (Entered: 03/25/2015)
2015-03-26 180 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 3/26/2015. By Deputy Clerk: Eileen Wood. Status Conference set for 4/1/2015 at 11:30 AM in LV Courtroom 4B before Judge Miranda M. Du re: 179 USCA Memorandum/Opinion. Out of town counsel may appear telephonically by calling the Court's Meet Me Line at 702-868-4909, pass code 123456. Due to audio quality, this call must be placed by land line. (no image attached) (Copies have been distributed pursuant to the NEF - EW) (Entered: 03/26/2015)
2015-04-01 181 0 MINUTES OF PROCEEDINGS - Status Conference as to Heidi Haischer held on 4/1/2015 before Judge Miranda M. Du. Crtrm Administrator: Eileen Wood; AUSA: Brian Young and Thomas Hall (by phone); Def Counsel: Franny Forsman; Court Reporter: Kathy French; Time of Hearing: 11:33-11:39 AM; Courtroom: 4B. Defendant is not present. The Court has not received the Mandate on this matter. The Court requests counsel to confer after Mandate is received and advise the Court if the case will proceed. Any further scheduling will take place at that time. (no image attached) (Copies have been distributed pursuant to the NEF - EW) (Entered: 04/01/2015)
2015-04-17 182 0 MANDATE of USCA as to Heidi Haischer re 179 Opinion of USCA to Vacate and Remand the USDC Judgment as to Heidi Haischer re 167 Notice of Appeal. (DC) (Entered: 04/20/2015)
2015-04-23 184 0 MANDATE of USCA as to Heidi Haischer re 182 Mandate of USCA to Vacate and Remand the USDC Judgment as to Heidi Haischer re 167 Notice of Appeal. Signed by Judge Miranda M. Du on 4/23/2015. (DC) (Entered: 04/23/2015)
2015-04-24 185 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 4/24/2015. By Deputy Clerk: Peggie Vannozzi. The Mandate of the 9th Circuit Court of Appeals reversing and remanding this case to the district court having been spread upon the record, it is ordered this case is reopened. It is further ordered that the jury trial is set for 6/23/2015 at 9:00 AM in a Las Vegas Courtroom to be determined. A telephonic Calendar call us is set for 6/15/2015 01:00 PM in Reno Courtroom 5 before Judge Miranda M. Du. It is further ordered: counsel are to file a status report by May 1, 2015. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/24/2015)
2015-05-01 186 0 STATUS REPORT by USA as to Heidi Haischer. (Hall, Thomas) (Entered: 05/01/2015)
2015-05-14 187 0 MOTION for Appearance of Government Attorney filed by USA as to Heidi Haischer. Responses due by 5/31/2015. (Pomerantz, Crane) Modified event on 5/15/2015 (DKJ). (Entered: 05/14/2015)
2015-05-15 188 0 ORDER Granting 187 Motion for Leave to Appear for Attorney Jennifer Ballantyne as to USA. Signed by Judge Miranda M. Du on 5/14/2015. (Copies have been distributed pursuant to the NEF - DC) (Entered: 05/15/2015)
2015-06-02 189 0 ORDER REGARDING TRIAL as to Heidi Haischer Jury Trial set for 6/23/2015 09:00 AM in Courtroom to be determined. before Judge Miranda M. Du. Telephonic Calendar Call is set for 6/15/2015 01:00 PM in Reno Courtroom 5 before Judge Miranda M. Du. (Counsel to call 1-888-251-2909, enter code 3803398 and security code 123456.) Exhibit List due by 6/18/2015. Proposed Voir Dire due by 6/18/2015. Proposed Jury Instructions due by 6/18/2015. Trial Briefs due by 6/18/2015. See order for instructions on the submission of trial related documents. Signed by Judge Miranda M. Du on 6/2/2015. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 06/02/2015)
2015-06-05 190 0 DESIGNATION of Retained Counsel by Lisa A Rasmussen on behalf of Heidi Haischer. (Rasmussen, Lisa) (Entered: 06/05/2015)
2015-06-05 191 0 MOTION to Substitute Attorney by Heidi Haischer. (Rasmussen, Lisa) (Entered: 06/05/2015)
2015-06-08 192 0 ORDER Granting 191 Motion to Substitute Attorney. Attorney Franny A. Forsman terminated as to Heidi Haischer (2). Signed by Magistrate Judge Carl W. Hoffman on 6/8/15. (Copies have been distributed pursuant to the NEF - TR) (Entered: 06/08/2015)
2015-06-12 193 0 STIPULATION to Continue re 189 Order Regarding Trial, filed by Heidi Haischer. (Rasmussen, Lisa) (Entered: 06/12/2015)
2015-06-15 194 0 ORDER TO CONTINUE - Ends of Justice - Granting 193 Stipulation to Continue as to Heidi Haischer. This continuance is excludable under the Speedy Trial Act and the time has been excluded. Jury Trial continued to 12/1/2015 09:00 AM in Las Vegas Courtroom to be determined before Judge Miranda M. Du. Telephonic Calendar Call continued to 11/23/2015 01:00 PM in Reno Courtroom 5 before Judge Miranda M. Du. Motions due by 9/29/2015. Responses due by 10/14/2015. Replies due by 10/21/2015. Proposed Voir Dire due by 11/25/2015. Proposed Jury Instructions due by 11/25/2015. Trial Briefs due by 11/25/2015. Signed by Judge Miranda M. Du on 6/15/15. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 06/15/2015)
2015-09-09 195 0 NOTICE Defendant Heidi Haischer's Notice of Intent to Present Evidence at Trial Pursuant to F.R. Crim. P. 12.2(b) at Trial by Heidi Haischer. (Rasmussen, Lisa) (Entered: 09/09/2015)
2015-09-28 197 0 ORDER Denying Defendant's 196 Ex Parte Motion for Authorization to Have Experts Funded by CJA Fund as to Heidi Haischer (2). Signed by Magistrate Judge Carl W. Hoffman on 9/28/2015. (Copies have been distributed pursuant to the NEF - SLD) (Entered: 09/29/2015)
2015-11-04 198 0 STIPULATION Regarding Exhibits by USA as to Heidi Haischer. (Hall, Thomas) (Entered: 11/04/2015)
2015-11-12 199 0 ORDER REGARDING TRIAL as to Heidi Haischer Jury Trial set for 12/1/2015 09:00 AM in Courtroom to be determined. before Judge Miranda M. Du. Calendar Call set for 11/23/2015 01:00 PM in Reno Courtroom 5 before Judge Miranda M. Du. Exhibit List due by 11/25/2015. Proposed Voir Dire due by 11/25/2015. Proposed Jury Instructions due by 11/25/2015. Trial Briefs due by 11/25/2015. Please see order for instructions on the submission of trial related documents. Signed by Judge Miranda M. Du on 11/12/2015. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 11/12/2015)
2015-11-12 200 0 MOTION to Continue District Judge Hearing Motion to Continue Trial by Heidi Haischer. (Rasmussen, Lisa) (Entered: 11/12/2015)
2015-11-12 201 0 RESPONSE to 200 Motion to Continue District Judge Hearing ; filed by USA as to Heidi Haischer. Replies due by 11/18/2015. (Hall, Thomas) (Entered: 11/12/2015)
2015-11-13 202 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 11/13/2015. By Deputy Clerk: Peggie Vannozzi. Good cause appearing, it is ordered that Defendant's Motion to Continue Trial (dkt. no. 200 ) is granted. The Court finds that Defendant has demonstrated the need to provide Defendant with the opportunity to obtain counseling to enable her to assist counsel to effectively prepare for trial. The Court finds that the ends of justice is served by granting the requested continuance, the need for Defendant to receive counseling to be able to effectively assist counsel outweighs the best interest of the public and Defendant in a speedy trial, and the failure to grant the requested continuance would likely result in a miscarriage of justice. The period of delay is therefore excludable under the Speedy Trial Act, 18 U.S.C. ยง 3161(7)(A) & 7(B)(i) & (iv). The Calendar Call set for 11/23/2015 at 1:00 PM is reset to 2/29/2016 at 1:00 PM in Reno Courtroom 5 before Judge Miranda M. Du. The Jury Trial set for 12/1/2015 at 9:00 AM is reset to 3/8/2016 09:00 AM in a Las Vegas Courtroom to be determined before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 11/13/2015)
2016-02-09 203 0 Form 12B - Request for Modification to Conditions of Pretrial Services Supervision as to Heidi Haischer. (Bowen, Zack) (Entered: 02/09/2016)
2016-02-10 204 0 ORDER Granting 203 Request for Modification to Conditions of Supervision as to Heidi Haischer (2). Signed by Judge Miranda M. Du on 02/08/2016. (Copies have been distributed pursuant to the NEF - NEV) (Entered: 02/10/2016)
2016-02-18 205 0 ORDER REGARDING TRIAL as to Heidi Haischer Jury Trial set for 3/8/2016 09:00 AM in Courtroom to be determined. before Judge Miranda M. Du. Calendar Call set for 2/29/2016 01:00 PM in Reno Courtroom 5 before Judge Miranda M. Du. Exhibit List due by 3/3/2016. Proposed Voir Dire due by 3/3/2016. Proposed Jury Instructions due by 3/3/2016. Trial Briefs due by 3/3/2016. Judge Du's stock jury instructions may accessed on Judge Du's Biography page at nvd.uscourts.gov Signed by Judge Miranda M. Du on 2/18/2016. (Copies have been distributed pursuant to the NEF - PAV) Modified on 2/18/2016 (PAV). Modified on 2/18/2016 (PAV). Modified on 2/18/2016 (PAV). (Entered: 02/18/2016)
2016-02-22 206 0 Second MOTION to Continue Trial Date by Heidi Haischer. (Rasmussen, Lisa) (Entered: 02/22/2016)
2016-02-23 208 0 RESPONSE to 206 Motion to Continue Trial filed by USA as to Heidi Haischer. Replies due by 2/29/2016. (Attachments: # 1 Exhibit A (L. Rasmussen 9/29/15 Letter to T. Hall))(Hall, Thomas) (Entered: 02/23/2016)
2016-02-23 209 0 REPLY to Response to 206 Motion to Continue Trial filed by Heidi Haischer. (Rasmussen, Lisa) (Entered: 02/23/2016)
2016-02-23 211 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 2/23/2016. By Deputy Clerk: Peggie Vannozzi. Before the Court is Defendant's motion to continue trial. (Dkt. no. 206 .) The Court granted Defendant's previous continuance request because of the need for Defendant to have the opportunity to obtain counseling to enable her to assist counsel to effectively prepare for trial. The Court agrees with the government. (Dkt. no. 208 .) The parties should have continued to prepare for trial as scheduled. Defendant does not offer good cause to explain the delay in waiting until two weeks before trial to file a motion for funding. In any event, that motion will be granted. The Court finds that the request for continuance is not supported by good cause and denying the continuance request would not deprive defense counsel the reasonable time necessary for effective preparation; nor would the denial of Defendant's continuance request result in a miscarriage of justice. It is therefore ordered that Defendant's motion to continue (dkt no. 206 ) is denied. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 02/23/2016)
2016-02-29 213 0 PROPOSED Voir Dire by USA as to Heidi Haischer (Hall, Thomas) (Entered: 02/29/2016)
2016-02-29 214 0 NOTICE of Filing of Statement of Case by USA as to Heidi Haischer. (Hall, Thomas) (Entered: 02/29/2016)
2016-02-29 215 0 MOTION Admission to Practice in the District by USA as to Heidi Haischer. Responses due by 3/17/2016. (Pomerantz, Crane) (Entered: 02/29/2016)
2016-02-29 217 0 ORDER Granting 215 Motion for Admission to Practice in the District. IT IS ORDERED that Caitlin Cottingham be admitted to practice before this Court during the period of her employment with the United States Department of Justice, Criminal Division, Fraud Section.Signed by Judge Miranda M. Du on 02/29/2016. (Copies have been distributed pursuant to the NEF - NEV) (Entered: 02/29/2016)
2016-03-01 218 0 MINUTES OF PROCEEDINGS - Telephonic Calendar Call as to Heidi Haischer held on 2/29/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Thomas Hall and Caitlin Cottingham; Def Counsel: Lisa Rasmussen; Court Reporter/FTR #: Kathy French; Time of Hearing: 1:01 PM - 1:15 PM; Courtroom: 5; Defendant's presence at the telephonic conference has been waived. The Court addresses preliminary issues regarding the jury trial that is set to begin on 3/9/2016. Mr. Hall estimates the Government's case-in-chief will last 1 1/2 to 2 days. Ms. Rasmussen estimates that the Defendant's case-in-chief will last an additional 2 days. Ms. Rasmussen advises that she has a calendar conflict on 3/10/2016 and asks that the trial begin at 10:00 AM that day. The Court will seat 12 jurors and 2 alternates and will tell the jurors that the trial will last 4-5 days. The Court discusses jury voir dire, sidebars, scheduling, peremptory challenges and the jury instructions that were given in the first trial. The Court directs counsel to review the first trial's jury instructions and file a status report on 3/3/2016 to indicate which instructions are acceptable and to propose new instructions. Newly proposed instructions must include citations or authority. Ms. Rasmussen indicates that Michael Kennedy will be trying the case with her and he should be entering his appearance on March 1, 2016. Ms. Rasmussen advises the Court that the Government provided her with discovery today relating to the foreclosure of Defendant's property and she recognized the name of the Notary Public. The Notary was a co-defendant of one of her former clients in a state court case. Mr. Hall makes representations. Based upon the representations of counsel, the Court finds that no conflict exists, as the conduct charged in the indictment does not relate to the foreclosure of the property. Jury trial will begin on 3/9/2016 at 9:00 AM in a Las Vegas Courtroom to be determined. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 03/01/2016)
2016-03-01 219 0 AMENDED MINUTES OF PROCEEDINGS - Calendar Call as to Heidi Haischer held on 2/29/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Thomas Hall and Caitlin Cottingham; Def Counsel: Lisa Rasmussen; Court Reporter/FTR #: Kathy French; Time of Hearing: 1:01 PM - 1:15 PM; Courtroom: 5; Defendant's presence at the telephonic conference has been waived. The Court addresses preliminary issues regarding the jury trial that is set to begin on 3/8/2016. Mr. Hall estimates the Government's case-in-chief will last 1 1/2 to 2 days. Ms. Rasmussen estimates that the Defendant's case-in-chief will last an additional 2 days. Ms. Rasmussen advises that she has a calendar conflict on 3/10/2016 and asks that the trial begin at 10:00 AM that day. The Court will seat 12 jurors and 2 alternates and will tell the jurors that the trial will last 4-5 days. The Court discusses jury voir dire, sidebars, scheduling, peremptory challenges and the jury instructions that were given in the first trial. The Court directs counsel to review the first trial's jury instructions and file a status report on 3/3/2016 to indicate which instructions are acceptable and to propose new instructions. Newly proposed instructions must include citations or authority. Ms. Rasmussen indicates that Michael Kennedy will be trying the case with her and he should be entering his appearance on March 1, 2016. Ms. Rasmussen advises the Court that the Government provided her with discovery today relating to the foreclosure of Defendant's property and she recognized the name of the Notary Public. The Notary was a co-defendant of one of her former clients in a state court case. Mr. Hall makes representations. Based upon the representations of counsel, the Court finds that no conflict exists, as the conduct charged in the indictment does not relate to the foreclosure of the property. Jury trial will begin on 3/8/2016 at 9:00 AM in a Las Vegas Courtroom to be determinedDefendant is present. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 03/01/2016)
2016-03-02 220 0 NOTICE OF COURTROOM LOCATION FOR JURY TRIAL as to Heidi Haischer: The Jury Trial set for 3/8/2016 at 9:00 AM will be heard in LV Courtroom 4A before Judge Miranda M. Du. (no image attached)(PAV) (Entered: 03/02/2016)
2016-03-02 221 0 EXHIBIT LIST by USA as to Heidi Haischer (Hall, Thomas) (Entered: 03/02/2016)
2016-03-02 222 0 WITNESS LIST by USA as to Heidi Haischer. (Hall, Thomas) (Entered: 03/02/2016)
2016-03-03 224 0 NOTICE OF ATTORNEY APPEARANCE: Michael J. Kennedy appearing for Heidi Haischer (Kennedy, Michael) (Entered: 03/03/2016)
2016-03-03 225 0 OBJECTION to 213 Proposed Voir Dire by Heidi Haischer. (Rasmussen, Lisa) (Entered: 03/03/2016)
2016-03-03 227 0 PROPOSED Jury Instructions by Heidi Haischer (Rasmussen, Lisa) (Entered: 03/03/2016)
2016-03-03 228 0 STATEMENT of Heidi Haischer's Statement of the Case by Heidi Haischer . (Rasmussen, Lisa) (Entered: 03/03/2016)
2016-03-03 229 0 WITNESS LIST by Heidi Haischer. (Rasmussen, Lisa) (Entered: 03/03/2016)
2016-03-04 230 0 PROPOSED Voir Dire by Heidi Haischer (Rasmussen, Lisa) (Entered: 03/04/2016)
2016-03-04 231 0 EXHIBIT LIST by Heidi Haischer (Rasmussen, Lisa) (Entered: 03/04/2016)
2016-03-06 232 0 SUPPLEMENTAL WITNESS LIST by Heidi Haischer. (Rasmussen, Lisa) (Entered: 03/06/2016)
2016-03-06 233 0 DESIGNATION of Retained Counsel by Lisa A Rasmussen on behalf of Heidi Haischer. (Rasmussen, Lisa) (Entered: 03/06/2016)
2016-03-06 234 0 MOTION to Exclude Testimony of Proposed Defense Witness Franny Forsman by USA as to Heidi Haischer. Responses due by 3/23/2016. (Hall, Thomas) Corrected image 241 added on 3/8/2016. (EDS). (Entered: 03/06/2016)
2016-03-07 236 0 MOTION to Admit Prior Sworn Testimony of Unavailable Witness in Defendant's Case in Chief by Heidi Haischer. Responses due by 3/24/2016. (Rasmussen, Lisa) (Entered: 03/07/2016)
2016-03-07 237 0 WITNESS LIST Second Supplemental Witness List by Heidi Haischer. (Rasmussen, Lisa) (Entered: 03/07/2016)
2016-03-07 238 0 EXHIBIT LIST by USA as to Heidi Haischer (First Amended Exhibit List) (Hall, Thomas) (Entered: 03/07/2016)
2016-03-07 239 0 RESPONSE to 236 Motion ; filed by USA as to Heidi Haischer. Replies due by 3/13/2016. (Hall, Thomas) (Entered: 03/07/2016)
2016-03-08 241 0 NOTICE of Corrected Image/Document re 234 Motion to Exclude by USA as to Kelly Nunes, Heidi Haischer. (Service of corrected image is attached). (Attachments: # 1 Exhibit A (L. Rasmussen 3.4.16 Email to T. Hall))(Hall, Thomas) (Entered: 03/08/2016)
2016-03-08 242 0 MINUTES OF PROCEEDINGS - Jury Trial as to Heidi Haischer held on 3/8/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Thomas Hall and Caitlin Cottingham; Def Counsel: Lisa Rasmussen and Michael Kennedy; Court Reporter/FTR #: Kathy French; Time of Hearing: 9:04 AM - 5:10 PM; Courtroom: 4A;(Copies have been distributed pursuant to the NEF - PAV) Jury Trial - Day 1 - as to Heidi Haischer held on 3/8/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Thomas Hall and Caitlin Cottingham; Def Counsel: Lisa Rasmussen and Michael Kennedy; Court Reporter/FTR #: Kathy French; Time of Hearing: 9:04 AM - 5:10 PM; Courtroom: 4A; See attached minutes for specifics. Defendant is present. The proposed jury is not present. The Court and counsel discuss preliminary issues. 47 proposed jurors enter the Courtroom and are sworn. The Court conducts voir dire with the 47 proposed jurors. Following peremptory challenges, 14 jurors are seated and sworn. Ms. Cottingham and Ms. Rasmussen present opening statements. Plas Witness: Patrick McEnerney. Exhibits admitted. The Court admonishes the jury. The Jury Trial is continued to 3/9/2016 08:30 AM in LV Courtroom 4A before Judge Miranda M. Du. Outside the presence of the jury: Government's Motion to Exclude (dkt. no. 234 ) is granted for the reasons given in open Court. The Court gives its preliminary ruling on Defendant's Motion to Admit Prior Sworn Testimony (dkt. No. 236 ). Defendant is continued on present terms of release. (Entered: 03/09/2016)
2016-03-10 244 0 MINUTES OF PROCEEDINGS - Jury Trial - Day 2 - as to Heidi Haischer held on 3/9/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Thomas Hall and Caitlin Cottingham; Def Counsel: Lisa Rasmussen and Michael Kennedy; Court Reporter/FTR #: Kathy French; Time of Hearing: 8:35 AM - 6:15 PM; Courtroom: 4A; See minutes for specifics. Defendant is present. Plas Witnesses: Patrick McEnerney, Lisa Parsons, Christy Morgan, Abel Manrique, Jessica Monsour, Dawn Tomazich. Dfts Witnesses: Douglas Chalmers. Exhibits admitted. The Court admonishes the jury and releases them at 5:22 PM. The Jury Trial is continued to 3/10/2016 at 9:30 AM in LV Courtroom 4A before Judge Miranda M. Du. Outside the presence of the jury, the Court makes findings and admits Government's exhibit 16. Defendant's presence is waived for the settling of jury instructions. Defendant is continued on present terms of release. The Court and counsel settle jury instructions. (Copies have been distributed pursuant to the NEF - PAV). Modified to attach document and regenerate NEF 3/10/2016 (LG). (Entered: 03/10/2016)
2016-03-10 245 0 PROPOSED Verdict Form by USA as to Heidi Haischer (Hall, Thomas) (Entered: 03/10/2016)
2016-03-11 246 0 MOTION Renewed Motion to Admit Carson Winget Testimony by Heidi Haischer. Responses due by 3/28/2016. (Rasmussen, Lisa) (Entered: 03/11/2016)
2016-03-11 247 0 MINUTES OF PROCEEDINGS - Jury Trial - Day 3 - as to Heidi Haischer held on 3/10/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Thomas Hall and Caitlin Cottingham; Def Counsel: Lisa Rasmussen and Michael Kennedy; Court Reporter/FTR #: Kathy French; Time of Hearing: 10:00 AM - 5:15 PM; Courtroom: 4A; See attached minutes for specifics. Defendant is present. Plas Witnesses: Dawn Tomazich. Dfts Witnesses: Gregory Blackwell, Sean Clagget, Thomas Frosch, Thomas Kinsora, Michael Oakes, Rebecca Reed. Exhibits admitted. Following the testimony of Dawn Tomazich, the Government rests. Defendant's oral Rule 29 motion is denied for the reasons given in open court. The Court admonishes the Jury. The Jury Trial is continued to 3/11/2016 at 8:00 AM in LV Courtroom 4A before Judge Miranda M. Du. The jury exits at 5:02 PM. Outside the presence of the jury, the Court and counsel discuss the jury instructions and other evidentiary issues. Defendant is continued on present terms of release. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 03/11/2016)
2016-03-13 248 0 MOTION to Exclude Hearsay Statements of Kelly Nunes by USA as to Heidi Haischer. Responses due by 3/30/2016. (Attachments: # 1 Exhibit A (Transcripts of Proffered Defense Recordings))(Hall, Thomas) (Entered: 03/13/2016)
2016-03-14 249 0 MINUTES OF PROCEEDINGS - Jury Trial - Day 4 - as to Heidi Haischer held on 3/11/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Thomas Hall and Caitlin Cottingham; Def Counsel: Lisa Rasmussen and Michael Kennedy; Court Reporter/FTR #: Kathy French; Time of Hearing: 8:06 AM - 3:15 PM; Courtroom: 4A; See attached minutes for specifics. Defendant is present. Outside the presence of the jury, the Court and counsel discuss evidentiary issues and proposed jury instructions. The Court indicates that juror 10 has written a note that indicates that he may know proposed defense witness Kelly Nunes. Juror 10 is brought into the courtroom. The Court and counsel question the juror. For the reasons given, Juror 10 is excused. Mr. Hall objects to 3 pages of the 21 PowerPoint slides that Ms. Rasmussen prepared in advance of Dr. Shera Bradley's testimony. Ms. Rasmussen will delete those pages. The Court denies Defendant's Motion Renewed Motion to Admit Carson Winget Testimony by Heidi Haischer (dkt. no. 236 for the reasons given in open court. The Court grants in part and denies in part Defendant's Renewed Motion to Admit Carson Winget Testimony by Heidi Haischer (dkt. no. 246 ) as detailed in open court. The Court denies Defendant's request to reconsider the portions that relate to other transactions. Dfts Witnesses: Michael Nunes, Christopher Maladrino, Shera Bradley. Exhibits admitted. Portions of the transcript of prior testimony of Carson Winget is read by Ms. Rasmussen and Mr. Kennedy. The Court admonishes the jury. The Jury Trial is continued to 3/14/2016 at 8:00 AM in LV Courtroom 4A before Judge Miranda M. Du. Outside the presence of the jury: the Court marks the transcript of Carson Winget as Defendant's exhibit 570. That transcript will not go into the jury. The Court and counsel discuss jury instructions. Defendant is continued on present terms of release. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 03/14/2016)
2016-03-14 250 0 ORDER. This Court having ordered the jury impaneled in the above entitled action to be kept together on March 11, 2016 and during periods of deliberation, now, therefore, IT IS HEREBY ORDERED that all meals and lodging, if required, for said jury and attendants shall be paid by the Clerk of Court. Signed by Judge Miranda M. Du on 03/14/2016. (Copies have been distributed pursuant to the NEF - NEV) (Entered: 03/14/2016)
2016-03-14 251 0 JURY INSTRUCTIONS as to Heidi Haischer (PAV) (Entered: 03/14/2016)
2016-03-15 252 0 MINUTES OF PROCEEDINGS - Jury Trial - Day 5 - as to Heidi Haischer held on 3/14/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Thomas Hall and Caitlin Cottingham; Def Counsel: Lisa Rasmussen and Michael Kennedy; Court Reporter/FTR #: Kathy French; Time of Hearing: 8:00 AM - 5:19 PM; Courtroom: 4A; See minutes for specifics. Defendant is present. Outside the presence of the jury, the Court hears argument on the Government's Motion to Exclude Hearsay Statements of Kelly Nunes (dkt. no. 248 ). The motion is denied for the reasons given in open court. The Court hears additional argument with regard to the Government's proposed wire fraud instruction. Dfts Witnesses: Doris Mitchell, Heidi Haischer, Dawn Tomazich. Exhibits admitted. Defendant rests. The Government rests. Defendant's renewed Rule 29 motion is denied. The Court reads jury instructions. Mr. Hall and Mr. Kennedy present closing arguments. The bailiff is sworn. The jury retires to deliberate at 3:15 PM. Proceedings reconvene at 5:14 PM. Defendant is present. The jury is present. The verdict is read. The jury finds Defendant Heidi Haischer (2) NOT GUILTY on Counts 1 and 2 of the indictment. The jury is thanked and excused. Defendant's bond is exonerated. A judgment of acquittal will be entered. ( Deadline to return exhibits set for 6/1/2016.) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 03/15/2016)
2016-03-14 254 0 JURY VERDICT as to Heidi Haischer (2) Not Guilty on Counts 1 and 2. (SLD) (Entered: 03/15/2016)
2016-03-16 255 0 JUDGMENT OF ACQUITTAL as to Heidi Haischer (2), Count(s) 1, 2. The Defendant was found not guilty by jury on 3/14/2016 after retrial. IT IS ORDERED that the Defendant is acquitted, discharged, and any bond exonerated. Signed by Judge Miranda M. Du on 03/14/2016. (Copies have been distributed pursuant to the NEF - NEV) (Entered: 03/16/2016)
2016-06-06 256 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Heidi Haischer on 6/6/2016. By Deputy Clerk: Peggie Vannozzi. The court currently has custody of exhibits in this action. It has been determined these exhibits can be returned to the parties. IT IS ORDERED that the parties have 21 days from the date of this order to claim the exhibits from the clerk under Local Criminal Rule 55-1 or exhibits shall be destroyed. Please contact the Clerk's Office in Las Vegas at (702) 464-5400 to make arrangements to have the exhibits picked up or said exhibits shall be destroyed by the court. Deadline to return exhibits set for 6/27/2016. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 06/06/2016)