Case details

Court: nysd
Docket #: 1:07-cr-00220
Case Name: USA v. Stockman et al
PACER case #: 302908
Date filed: 2007-03-21
Date terminated: 2009-01-09
Assigned to: Judge Barbara S. Jones

Parties

Represented Party Attorney & Contact Info
David A. Stockman
Defendant (1)
TERMINATED: 01/09/2009
Elkan Abramowitz
Morvillo, Abramowitz, Grand, Iason, & Anello P.C. 565 5th Avenue New York, NY 10017 (212) 880-9300 Fax: (212) 856-9494 Email: eabramowitz@maglaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

James Russell Stovall
Morvillo, Abramowitz, Grand, Iason, & Anello P.C. 565 5th Avenue New York, NY 10017 (212) 880-9582 Fax: (212)-856-9494 Email: jstovall@magislaw.com
ATTORNEY TO BE NOTICED Designation: Retained

Jodi Misher Peikin
Morvillo, Abramowitz, Grand, Iason, & Anello P.C. 565 5th Avenue New York, NY 10017 212-880-9455 Fax: 212-856-9494 Email: JPeikin@Maglaw.com
ATTORNEY TO BE NOTICED Designation: Retained

Kathryn Margaret Spota
Morvillo, Abramowitz, Grand, Iason, & Anello P.C. 565 5th Avenue New York, NY 10017 (212) 880-9409 Fax: (212) 856-9494 Email: kspota@maglaw.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2007-03-21 1 0 SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2-4, 5-6, 7, 8, Sealed Defendant 2 (2) count(s) 1, 2-4, 8, Sealed Defendant 3 (3) count(s) 1, 2-4, Sealed Defendant 4 (4) count(s) 1, 2-4. (jm) Additional attachment(s) added on 3/26/2007 (Molinelli, James). Additional attachment(s) added on 3/26/2007 (Molinelli, James). (Entered: 03/26/2007)
2007-03-26 2 0 Order to Unseal Indictment as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4.. (Signed by Judge Debra C. Freeman on 3/26/07)(jm) (Entered: 03/26/2007)
2007-03-26 3 0 AFFIRMATION of Helen Cantwell AUSA in Support of unsealing of indictment by USA as to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba (jm) (Entered: 03/26/2007)
2007-03-26 8 0 ADVICE OF PENALTIES AND SANCTIONS as to David A. Stockman. (jar) (Entered: 03/27/2007)
2007-03-27 15 0 NOTICE OF ATTORNEY APPEARANCE: James Russell Stovall, Jodi Misher Peikin, Elkan Abramowitz appearing for David A. Stockman. (jar) (Entered: 03/27/2007)
2007-03-30 20 0 ENDORSED LETTER as to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba addressed to Judge Jones from Helen V. Cantwell, AUSA dated 3/27/07 re: Requesting the court schedule the first PTC on 4/16/07 after 2PM. Time between 4/5/07 and 4/16/07 be excluded. Application granted. The PTC will be held on 4/16/07 @ 4:30PM. In the IOJ for the reasons stated STA is excluded from 4/5/07 to 4/16/07 purs to 18:3161. So ordered.. (Signed by Judge Barbara S. Jones on 3/29/07)(pr) (Entered: 04/02/2007)
2007-03-26 21 0 Appearance Bond Entered as to David A. Stockman in amount of $ 1,000,000 PRB to be co-signed by one financially responsible person; deft to be released upon own signature. Remaining conditions to be met by 3/28/2007, travel limited to the continental US and foreign travel as needed on notice to the government. (jar) (Entered: 04/02/2007)
2007-07-12 26 0 ENDORSED LETTER as to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba addressed to Judge Jones from AUSA Helen V. Cantwell dated 7/2/07 re: submitted to request that the time between 7/2/07 and 7/12/07 be excluded in the interests of justice, pursuant to Title 18 USC Section 3161(h)(8)(B)(i). ENDORSEMENT: Application granted. In the interest of justice for the reason stated above, speedy trial time is excluded from July 2, 2007 to July 13, 2007 pursuant to 18 U.S.C. Section 3161(h)(8)(A). (Signed by Judge Barbara S. Jones on 7/2/07)(bw) (Entered: 07/12/2007)
2007-07-25 28 0 TRANSCRIPT of Proceedings as to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba held on April 16, 2007 before Judge Barbara S. Jones. (gca) (Entered: 07/25/2007)
2007-08-14 29 0 TRANSCRIPT of Proceedings as to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba held on 7/12/07 before Judge George B. Daniels. (jbe) (Entered: 08/14/2007)
2007-08-17 30 0 MEMORANDUM in Opposition by USA as to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba re 27 MOTION for Recusal of Assistant US Attorney.. filed by Defendant Barnaba (Cantwell, Helen) (Entered: 08/17/2007)
2007-11-07 31 0 TRANSCRIPT of Proceedings as to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba held on October 11, 2007 before Judge Barbara S. Jones. (bw) (Entered: 11/07/2007)
2008-01-22 35 0 NOTICE OF ATTORNEY APPEARANCE Anthony Scott Barkow appearing for USA. (Barkow, Anthony) (Entered: 01/22/2008)
2008-01-24 36 0 NOTICE OF ATTORNEY APPEARANCE Marc Peter Berger appearing for USA. (Berger, Marc) (Entered: 01/24/2008)
2008-02-27 37 0 TRANSCRIPT of Proceedings as to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba held on 1/11/2008 before Judge Barbara S. Jones. (wb) (Entered: 02/27/2008)
2008-04-24 40 0 MEMORANDUM in Opposition by USA as to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba re 39 MOTION for Speedy Trial and Incorporated Memorandum.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Barkow, Anthony) (Entered: 04/24/2008)
2008-04-30 41 0 TRANSCRIPT of Proceedings as to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba held on 4/17/08 before Judge Barbara S. Jones. (ama) (Entered: 04/30/2008)
2008-05-21 45 0 MEMORANDUM in Opposition by USA as to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba re 43 FIRST MOTION to Sever Defendant Paul C Barnaba.. (Barkow, Anthony) (Entered: 05/21/2008)
2008-06-24 47 0 ENDORSED LETTER as to David A. Stockman addressed to Judge Jones from Elkan Abramowitz dated 6/20/08 re: Reschedule Conference as to David A. Stockman( Status Conference set for 7/16/2008 at 03:00 PM before Judge Barbara S. Jones.)...ENDORSEMENT...Application Granted. SO ORDERED. (Signed by Judge Barbara S. Jones on 6/24/08)(jw) (Entered: 06/24/2008)
2008-07-16 48 0 ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT: As to David A. Stockman, Paul C. Barnaba. Time excluded from 7/15/2008 until 7/24/2008. As the Speedy Trial "clock" has been tolled since April 3, 2008, the government's instant application is moot, and further applications are thus unnecessary until the Court's disposition of both Barnaba's and Stockman's motions. So Ordered. (Signed by Judge Barbara S. Jones on 7/16/2008)(D'Avanzo, Daniel) (Entered: 07/16/2008)
2008-07-16 49 0 NOTICE OF ATTORNEY APPEARANCE Joshua Klein appearing for USA. (Klein, Joshua) (Entered: 07/16/2008)
2008-07-21 50 0 ORDER as to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba. In an order dated July 16, 2008, the court noted that the Speedy Trial clock was tolled upon the filing of defendant Barnabas motion of April 3, 2008, and further triggered by defendant Stockmans motion of July 11, 2008. However, the order was incomplete in that it omitted discussion of 18 U.S.C. 3161 (h) (1) (J), which excludes a delay not to exceed thirty days for any period during which any proceeding concerning the defendant is actually under advisement by the court. Thus, the speedy trial clock remains tolled until thirty days after defendant Stockmans motion of July 11, 2008 has been fully submitted.. (Signed by Judge Barbara S. Jones on 7/21/08)(mme) (Entered: 07/21/2008)
2008-07-28 52 0 NOTICE OF ATTORNEY APPEARANCE: Kathryn Margaret Spota appearing for David A. Stockman. (Spota, Kathryn) (Entered: 07/28/2008)
2008-08-05 53 0 TRANSCRIPT of Proceedings as to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba held on 7/24/08 before Judge Barbara S. Jones. (ama) (Entered: 08/05/2008)
2008-09-04 55 0 NOTICE OF ATTORNEY APPEARANCE Guruanjan Sahni appearing for USA. (Sahni, Guruanjan) (Entered: 09/04/2008)
2008-09-05 56 0 TRANSCRIPT of Proceedings as to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba held on 8/25/08 before Judge Barbara S. Jones. (ama) (Entered: 09/05/2008)
2008-10-08 57 0 ORDER: As to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba. The Court has reviewed in camera (1) the final Audit Committee Report relating to the 2005 Audit Committee Investigation and (2) the Investigation Work Plan generated by Davis Polk & Wardwell as an outline for the 2005 Investigation. The Court finds that these documents are not discoverable either as Brady material or as documents material to preparing the defense..... All parties are further directed to submit letters to the Court with any issues they wish to raise at the October 15, 2008 conference on or before October 14, 2008. The Court will expect to hear from defense counsel as to their progress in reviewing the discovery. So Ordered. (Signed by Judge Barbara S. Jones on 10/7/2008)(D'Avanzo, Daniel) (Entered: 10/08/2008)
2008-10-23 60 0 TRANSCRIPT of Proceedings as to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba held on October 15, 2008 5:00 p.m. before Judge Barbara S. Jones. (mro) (Entered: 10/24/2008)
2008-11-10 62 0 ORDER: As to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba. In light of the Government's decision to provide to defense counsel within the next two weeks (1) the entire set of interview memoranda from the 2005 Audit Committee Investigation, and (2) the notes of witnesses interviewed during the Government's investigation, the Court will hold a status conference on January 21, 2009 at 10:00 a.m. At that conference Defendants will be expected to advise the Court as to the status of discovery. SO ORDERED: As to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba( Status Conference set for 1/21/2009 at 10:00 AM before Judge Barbara S. Jones.) (Signed by Judge Barbara S. Jones on 11/7/2008)(D'Avanzo, Daniel) (Entered: 11/10/2008)
2008-10-23 67 0 TRANSCRIPT of Proceedings as to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba held on 8/25/08 before Judge Barbara S. Jones. (ama) (Entered: 12/03/2008)
2008-12-10 68 0 ENDORSED LETTER: As to David A. Stockman addressed to Judge Barbara S.Jones from Jodi Misher Peikin dated 12/8/2008 re: We respectfully request that the motion schedule be extended so that motions will be due January 30, 2008, opposition February 26, 2008 and replies March 13 2008. ENDORSEMENT: Application Granted. So Ordered. As to David A. Stockman( Motions due by 1/30/2009. Replies due by 3/13/2009.) (Signed by Judge Barbara S. Jones on 12/10/2008)(D'Avanzo, Daniel) (Entered: 12/10/2008)
2009-01-09 70 0 NOLLE PROSEQUI ENTERED: As to David A. Stockman, J. Michael Stepp, David R. Cosgrove, Paul C. Barnaba. David A. Stockman (1) Count 1,2-4,5-6,7,8 and J. Michael Stepp (2) Count 1,2-4,8 and David R. Cosgrove (3) Count 1,2-4 and Paul C. Barnaba (4) Count 1,2-4. The filing of this nolle prosequi will dispose of the above-referenced case with respect to defendants David A. Stockman, J.Michael Stepp, David R. Cosgrove, and Paul C. Bamaba. Upon the foregoing recommendation, I hereby direct, with leave of the Court, that an order of nolle prosequi be filed as to defendants David A. Stockman, J. Michael Stepp, David R. Cosgrove, and Paul C. Barnaba with respect to Indictment 07 Cr. 220 (BSJ). ENDORSEMENT: So Ordered. (Signed by Judge Barbara S. Jones on 1/9/2009)(D'Avanzo, Daniel) (Entered: 01/09/2009)