Case details

Court: ord
Docket #: 3:09-cr-00478
Case Name: USA v. Ames et al
PACER case #: 95782
Date filed: 2009-12-01
Assigned to: Judge Michael W. Mosman

Parties

Represented Party Attorney & Contact Info
Lennie Ames
Defendant (1)
 
Krista M. Shipsey
Law Office of Lawrence Matasar, PC
621 SW Morrison Street
Suite 1025
Portland, OR 97205
(503) 222-9830
Fax: (503) 274-8575
Email: krista@pdxlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Thomas J. Hester
Office of the Federal Public Defender
101 SW Main Street
Suite 1700
Portland, OR 97204
(503) 326-2123
Fax: (503) 326-5524
Email: tj_hester@fd.org
TERMINATED: 01/13/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment
USA
Plaintiff
 
Dwight C. Holton
United States Attorney's Office
1000 S.W. Third Avenue
Suite 600
Portland , OR 97204
(503) 727-1128
Fax: (503) 727-1117
Email: dwight.holton@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Neil J. Evans
United States Attorney's Office
1000 S.W. Third Avenue
Suite 600
Portland , OR 97204-2902
(503) 727-1053
Fax: (503) 727-1117
Email: neil.evans@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2009-12-01 1 0 Misdemeanor Information as to Lennie Ames (Deft #1) and Jared Fournier (Deft #2) Count 1 - 16 USC 551 UNLAWFULLY MAINTAIN, OCCUPY, AND USE OF A RESIDENCE ON NATIONAL FOREST LANDS. (mkk) (Entered: 12/03/2009)
2009-12-01 2 0 Notice of Case Assignment to Judge Ancer L. Haggerty. (mkk) (Entered: 12/03/2009)
2009-12-17 3 0 Notice of Case Reassignment: Case reassigned from Judge Ancer L. Haggerty to Judge Michael W. Mosman. (eo) (Entered: 12/17/2009)
2009-12-18 4 0 Minutes of Proceedings:First Appearance before US Magistrate Judge John V. Acosta as to Defendants Lennie Ames (1) and Jared Fournier (2) held on 12/18/2009; Defendants advised of rights and charges; Arraignment is SET for 12/22/2009 at 01:30PM in Portland before the Duty Magistrate Judge; Order that Defendants to appear via telephone for their Arraignment; Order DEFERRING ruling on Defendants' oral Motion for Change of Venue; Counsel Present for Plaintiff: Neil Evans.Counsel for Defendants: James Sussee (retained) (not present).(Court Reporter: Courtroom Deputy Donna Ausbie)(Tape #FTR) (kw) (Entered: 12/21/2009)
2009-12-22 5 0 Minutes of Proceedings:Arraignment Hearing held on 12/22/2009 before US Magistrate Judge John V. Acosta for Defendants Lennie Ames (1) and Jared Fournier (2); Defendants appeared via telephone; Order appointing Federal Defender; Defendants WAIVED reading of the Information; Defendants entered Not Guilty Pleas to the 1-Count Misdemeanor Information; 5-day Jury Trial SET for 2/23/10 at 9:00 am in Portland before Honorable Michael W. Mosman; Order that Discovery is due in 14 days; Counsel Present for Plaintiff: Neil Evans.Counsel Present for Defendants: TJ Hester.(Court Reporter: Amanda LeGore) (kw) (Entered: 12/22/2009)
2010-01-04 6 0 Trial Management Order as to Lennie Ames, Jared Fournier. ANY RESCHEDULING REQUEST SHALL BE MADE IN WRITING AT LEAST TWO WEEKS PRIOR TO THE TRIAL DATE. WITHIN THE MOTION TO CONTINUE, COUNSEL NEEDS TO STATE IF DEFENDANT AGREES WITH THE REQUEST AND IF OPPOSING COUNSEL AGREES. THE MOVING PARTY SHOULD CONTACT THE OTHER SIDE AND STATE THEIR POSITION WITHIN THE MOTION. A 5-DAY JURY TRIAL IS SET FOR FEBRUARY 23, 2010 AT 9:00 AM. TRIAL MANAGEMENT ORDER: (1) Seven days prior to trial, the parties shall simultaneously file: (a) all motions in limine; (b) trial memoranda; (c) requested jury instructions - (a paper copy and an electronic copy in a format compatible with Word Perfect on a 3.5" diskette or CD-ROM); (d) proposed voir dire questions; (e) exhibit list; (f) exhibits - (copies of each numbered, copyable exhibit shall be supplied to the court and opposing counsel; original exhibits shall be submitted at the time of trial; both the original and the judges copies of exhibits shall be three-hole punched and placed into binders with clearly marked index tabs; and all staples and clips shall be removed from the copies of the exhibits which are placed in the three-ring binders); (g) expert witness list and summaries of any expert testimony; (h) verdict form; (i) the government shall file a complete witness list. (2) Four days prior to trial, by 3:00 p.m., any responses to the above documents shall be filed. ORDER - NO LATE OR SUPPLEMENTAL FILINGS OF THE ABOVE PRETRIAL DOCUMENTS WILL BE RECEIVED WITHOUT JUST CAUSE SHOWN. Ordered on 1/4/2010 by Judge Michael W. Mosman. (mjp) (Entered: 01/04/2010)
2010-01-13 7 0 CJA 20 - Appointment of and Authority to Pay Court Appointed Counsel as to Defendant Lennie Ames (1); Appointment of Attorney Krista M. Shipsey, replacing Assistant Federal Public Defender TJ Hester as counsel for Defendant Lennie Ames (1), effective 1/5/10; by Judge Michael W. Mosman; signed on 1/13/10. (kw) (Entered: 01/14/2010)
2010-01-11 9 0 Motion for an Order to Quash, or in the alternative, to Set Aside and, Notice of Jurisdictional Challenge, Motion for an Order to Dismiss. Filed by Defendant Lennie Ames. (mkk) (Entered: 01/15/2010)
2010-01-11 10 0 Affidavit and Statement of Facts in Support of Motion to Quash...Set Aside... Dismiss. In re: Motion 9 filed by Defendant Lennie Ames (mkk) (Entered: 01/15/2010)
2010-01-22 13 0 Second Affidavit and Statement of Facts in Support of Motion to Quash, Set Aside, Dismiss and Notice 9 filed by Defendant Lennie Ames. (mkk) (Entered: 01/25/2010) 2010-02-08 13:36:33 c6def9872f9ea124c367dbb8ed08e32ec5e4cfbb
2010-01-25 14 0 Response to Motion by USA as to Lennie Ames, Jared Fournier regarding Motion for Order 11 filed by Defendant Jared Fournier, Motion for Order 9 filed by Defendant Lennie Ames (Holton, Dwight) (Entered: 01/25/2010) 2010-02-08 13:38:24 075b383bd35879cf75b6853169f0485abc853ce2
2010-02-02 18 0 ORDER DENYING 9 Motion for an Order to Quash, or in the alternative, to Set Aside and, Notice of Jurisdictional Challenge, Motion for an Order to Dismiss as to Lennie Ames (1); DENYING 11 Motion for an Order to Quash, or in the alternative, to Set Aside and, Notice of Jurisdictional Challenge, Motion for an Order to Dismiss as to Jared Fournier (2). Ordered by Judge Michael W. Mosman. (dls) (Entered: 02/02/2010)
2010-02-03 19 0 Unopposed Motion to Continue / Reset Period for Filing Pretrial Motions and Set Over Trial Date by Defendant Lennie Ames. (Shipsey, Krista) (Entered: 02/03/2010) 2010-02-08 13:38:55 88fb66aaf28766b80340c99c2c8ccd9baad17de4
2010-02-03 20 0 Declaration by Krista Shipsey regarding Unopposed Motion to Continue / Reset Period for Filing Pretrial Motions and Set Over Trial Date 19 filed by Defendant Lennie Ames (Shipsey, Krista) (Entered: 02/03/2010) 2010-02-08 13:39:09 1501fd05f2e47259dcca6cede3142bec1b9d00c4
2010-02-03 21 0 Defendant's Reply to Plaintiff's Response to Defendant's Motion to Quash, Set Aside and Dismiss 9 by Lennie Ames. (mkk) (Entered: 02/05/2010) 2010-02-08 13:40:07 e0632c864918daafe5d5bbbccb7ba188f98ef9af
2010-02-08 22 0 Motion for Hearing to Request Oral Argument Oral Argument requested. by Defendant Lennie Ames. (Shipsey, Krista) (Entered: 02/08/2010)
2010-02-08 23 0 ORDER GRANTING 19 Motion to Continue / Reset as to Lennie Ames (1) Pretrial Motions are due by 2/25/2010. RESETTING 5-day Jury Trial FROM 2/23/10 at 9:00 am SET FOR 4/27/2010 at 09:00AM in Judge Mosman's Courtroom before Judge Michael W. Mosman. Excludable delay granted until 4/27/2010 18:3161(h)(8)(A). Ordered by Judge Michael W. Mosman. (dls) (Entered: 02/08/2010)
2010-02-10 25 0 Notice of Attorney Substitution: Attorney Michelle Kerin added for Plaintiff USA regarding Defendant Lennie Ames, Jared Fournier in place and stead of Attorney Dwight C. Holton. (Evans, Neil) (Entered: 02/10/2010)
2010-02-17 26 0 ORDER DENYING AS MOOT 22 Motion for Hearing as to Lennie Ames (1). Ordered by Judge Michael W. Mosman. (dls) (Entered: 02/17/2010)
2010-02-05 27 0 Defendant's Supplemental Reply Brief; Points and Authority in Support of Defendant's Motion to Quash...Dismiss; in Direct reply to Plaintiffs Response by defendant Lennie Ames as to defendants Lennie Ames, Jared Fournier (schm) (Entered: 02/18/2010)
2010-02-05 28 0 Notice of Special Objections by defendant Lennie Ames as to defendants Lennie Ames, Jared Fournier (schm) (Entered: 02/18/2010)
2010-02-25 29 0 Unopposed Motion for Extension of Time Extend Period for Filing Pretrial Motions by Defendant Lennie Ames. (Shipsey, Krista) (Entered: 02/25/2010)
2010-02-25 30 0 Declaration by Krista Shipsey regarding Unopposed Motion for Extension of Time Extend Period for Filing Pretrial Motions 29 filed by Defendant Lennie Ames (Shipsey, Krista) (Entered: 02/25/2010)
2010-03-02 34 0 ORDER GRANTING 29 Motion for Extension of Time as to Lennie Ames (1). Pretrial Motions are extended from 2/25/2010, due by 3/5/2010. Ordered by Judge Michael W. Mosman. (dls) (Entered: 03/02/2010)
2010-03-09 39 0 Motion for Joinder in Co-Defendant's Motion to Continue Trial Date and for Finding of Excludable Delay by Defendant Lennie Ames. (Shipsey, Krista) (Entered: 03/09/2010)
2010-03-09 40 0 Declaration by Krista Shipsey regarding Motion for Joinder in Co-Defendant's Motion to Continue Trial Date and for Finding of Excludable Delay 39 filed by Defendant Lennie Ames (Shipsey, Krista) (Entered: 03/09/2010)
2010-03-15 41 0 Response to Motion by USA as to Lennie Ames, Jared Fournier regarding Motion for Joinder 39 filed by Defendant Lennie Ames, Motion to Continue / Reset 36 filed by Defendant Jared Fournier (Evans, Neil) (Entered: 03/15/2010)
2010-03-16 42 0 ORDER DENYING 39 Motion for Joinder to Continue Trial Date as to Lennie Ames (1); DENYING 36 Motion to Continue / Reset Trial Date as to Jared Fournier (2). Pretrial Motions are extended from 3/5/2010, due by 3/31/2010. The 5-day Jury Trial will remain previously set for 4/27/2010 at 09:00AM in Judge Mosman's Courtroom before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls) (Entered: 03/16/2010)
2010-03-19 43 0 Notice of Title, Estate, Rights, and Demand for Production of Proof of Constructive Seisin, and Demand for Removal of Cloud from Title, and Demand for Discontinuance of Action as to Defendant Lennie Ames (1) filed by Defendant Lennie Ames, pro se. (pro se defendant's address: PO Box 3243, Applegate, Oregon 97530) (kw) (Entered: 03/23/2010)
2010-03-29 45 0 Notice of Department of Agriculture Usurpation of Congressional and Interior Department Authority, and Notice of Constructive Breach of National Security and Request to BLM for Intervention filed by defendant Lennie Ames (schm) (Entered: 03/29/2010)
2010-04-01 50 0 Motion for Joinder in Co-Defendant's Motion for Order to Strike Trial Date and Schedule Status Hearing, and for Finding of Excludable Delay Oral Argument requested. by Defendant Lennie Ames. (Shipsey, Krista) (Entered: 04/01/2010)
2010-04-01 51 0 Declaration by Krista Shipsey regarding Motion for Joinder in Co-Defendant's Motion for Order to Strike Trial Date and Schedule Status Hearing, and for Finding of Excludable Delay 50 filed by Defendant Lennie Ames (Shipsey, Krista) (Entered: 04/01/2010)
2010-04-01 52 0 Proposed Form of Order Submitted for Defendant Lennie Ames to Strike Trial Date and Schedule Status Hearing and Finding of Excludable Delay (Shipsey, Krista) (Entered: 04/01/2010)
2010-04-01 53 0 Response to Motion by USA as to Lennie Ames, Jared Fournier regarding Motion to Strike 47 filed by Defendant Jared Fournier (Government's Objection to Defendants' Motion to Strike Trial) (Evans, Neil) (Entered: 04/01/2010)
2010-04-02 54 0 Supplemental Objections to 50 filed by USA as to Lennie Ames Government's Supplemental Objection to Defendant's Motion to Strike Trial (Evans, Neil) (Entered: 04/02/2010)
2010-04-06 55 0 Scheduling Order as to Lennie Ames, Jared Fournier. Status Conference is set for 4/15/2010 at 02:00PM in Judge Mosman's Courtroom before Judge Michael W. Mosman, (related document(s)): Motion for Joinder in Co-Defendant's Motion for Order to Strike Trial Date and Schedule Status Hearing, and for Finding of Excludable Delay 50 , Motion to Strike MOTION TO STRIKE TRIAL 47 . Defendants may waive their appearance. Ordered by Judge Michael W. Mosman. (dls) (Entered: 04/06/2010)
2010-04-09 56 0 Scheduling Order as to Lennie Ames, Jared Fournier. RESETTING Status Conference FROM 4/15/2010 at 2:00PM, SET FOR 4/12/2010 at 11:00AM in Judge Mosman's Courtroom before Judge Michael W. Mosman, (related document(s)): Motion for Joinder in Co-Defendant's Motion for Order to Strike Trial Date and Schedule Status Hearing, and for Finding of Excludable Delay 50 , Motion to Strike MOTION TO STRIKE TRIAL 47 . Defendants may waive their appearance. Ordered by Judge Michael W. Mosman. (dls) (Entered: 04/09/2010)
2010-04-12 57 0 Minutes of Proceedings:Status Conference before Judge Michael W. Mosman as to Lennie Ames, Jared Fournier. Order GRANTING Oral Motion to Consolidate with CR09-479MO. Order GRANTING Motion to Strike MOTION TO STRIKE TRIAL by Defendant Jared Fournier.(#47). Order GRANTING Motion for Joinder in Co-Defendant's Motion for Order to Strike Trial Date and Schedule Status Hearing, and for Finding of Excludable Delay Oral Argument requested. by Defendant Lennie Ames (#50). RESETTING 5-day Jury Trial FROM 4/27/2010, SET FOR a One-day Court Trial 8/10/2010 at 09:00AM in Judge Mosman's Courtroom before Judge Michael W. Mosman. Excludable delay granted until 8/10/2010 18:3161(h)(7)(A). Defendants' motion to dismiss due 5/28/2010. Responses due 6/14/2010. Replies due 6/21/2010.Counsel Present for Plaintiff: Neil Evans and Michelle Kerin.Counsel Present for Defendant: Krista Shipsey and Mark Cogan.(Court Reporter Bonita Shumway) (dls) (Entered: 04/12/2010)
2010-04-19 58 0 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference as to Defendant Lennie Ames, Jared Fournier for date of 4/12/10 before Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 4/29/2010. Redaction Request due 5/13/2010. Redacted Transcript Deadline set for 5/24/2010. Release of Transcript Restriction set for 7/21/2010. (Shumway, Bonita) (Entered: 04/19/2010)
2010-05-10 59 0 Notice of Environmental Issue and Demand for Production of Proof of Jurisdiction to Manage Mineral Resources filed by defendant Lennie Ames and Jared Fournier (schm) (Entered: 05/11/2010)
2010-05-10 60 0 Notice of Lack of Subject Matter Jurisdiction and Demand to Forest Service for Production of Proof of Regulatory Authority Over Mineral Entry and Mining (30 U.S.C.) filed by defendant Lennie Ames and Jared Fournier. (schm) (Entered: 05/11/2010)
2010-05-10 61 0 Notice of Dominant Estate Rights, Surface Estate Rights Supplemental to: Notice of Lack of Subject Matter Jurisdiction and Demand to Forest Service for Production of Proof of Regulatory Jurisdiction over Mineral Entry and Mining (30 U.S.C.) filed by defendant Lennie Ames and Jared Fournier. (schm) (Entered: 05/11/2010)
2010-05-17 62 0 Notice of Request for Judicial Review of Final Agency Action as to defendant Lennie Ames and Jared Fournier (schm) (Entered: 05/18/2010)
2010-05-17 63 0 "Claimants" Notice of Motion and Notice of Reserved Rights to Time and Legal Counsel as to defendant Lennie Ames, Jared Fournier (schm) (Entered: 05/18/2010)
2010-05-17 64 0 Notice of Objection to The Court Over Subject Matter Jurisdiction as to defendant Lennie Ames, Jared Fournier (schm) (Entered: 05/18/2010)
2010-05-28 65 0 Motion to Dismiss DEFENDANTS' MOTION TO DISMISS THE INFORMATION, REQUEST FOR ORAL ARGUMENT AND EVIDENTIARY HEARING filed by Jared Fournier as to Defendant Lennie Ames, Jared Fournier. (Cogan, Mark) (Entered: 05/28/2010)
2010-05-28 66 0 Memorandum in Support of Motion by Jared Fournier as to Lennie Ames, Jared Fournier regarding Motion to Dismiss DEFENDANTS' MOTION TO DISMISS THE INFORMATION, REQUEST FOR ORAL ARGUMENT AND EVIDENTIARY HEARING 65 filed by Defendant Jared Fournier MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS THE INFORMATION (Cogan, Mark) (Entered: 05/28/2010)
2010-05-28 67 0 Declaration by Mark C. Cogan regarding Motion to Dismiss DEFENDANTS' MOTION TO DISMISS THE INFORMATION, REQUEST FOR ORAL ARGUMENT AND EVIDENTIARY HEARING 65 filed by Defendant Jared Fournier DECLARATION OF FACTS IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS THE INFORMATION (Cogan, Mark) (Entered: 05/28/2010)
2010-06-14 68 0 Motion for Extension of Time To File Government's Response and Defendants' Reply (Related Doc. 57 Status Conference,,, 65 Motion to Dismiss ) filed by USA as to Defendant Lennie Ames, Jared Fournier. (Kerin, Michelle) (Entered: 06/14/2010)
2010-06-14 69 0 ORDER GRANTING 68 Motion for Extension of Time as to Lennie Ames (1), Jared Fournier (2). Government's Supplemental Responses due 6/16/10 and all defendants' replies due 6/21/10. Ordered by Judge Michael W. Mosman. (dls) (Entered: 06/14/2010)
2010-06-16 70 0 Response to Motion by USA as to Lennie Ames, Jared Fournier regarding Motion to Dismiss 65 filed by Defendant Jared Fournier (Kerin, Michelle) (Entered: 06/16/2010)
2010-06-18 71 0 Administrative Correction of the Record: A clerical error pursuant to Fed. R. Crim. P 36 has been discovered in the case record and the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly: The wrong date was listed for the Reply. The Reply is due by 6/23/2010, (related document(s)): Motion to Dismiss DEFENDANTS' MOTION TO DISMISS THE INFORMATION, REQUEST FOR ORAL ARGUMENT AND EVIDENTIARY HEARING 65 . Order by Judge Michael W. Mosman. (dls) (Entered: 06/18/2010)
2010-07-19 72 0 Scheduling Order as to Lennie Ames, Jared Fournier (related document(s)): Motion to Dismiss DEFENDANTS' MOTION TO DISMISS THE INFORMATION, REQUEST FOR ORAL ARGUMENT AND EVIDENTIARY HEARING 65 In Chambers Conference is set for 8/9/2010 at 09:00AM - 10:00AM in Judge Mosman's Courtroom before Judge Michael W. Mosman. Oral Argument is set for 8/9/2010 at 10:00AM - 11:00AM in Judge Mosman's Courtroom before Judge Michael W. Mosman. The court trial will remain previously set for 8/10/2010 at 9:00AM. Ordered by Judge Michael W. Mosman. (dls) (Entered: 07/19/2010)
2010-08-02 73 0 Scheduling Order as to Lennie Ames, Jared Fournier. Order STRIKING the In Chambers Conference is set for 8/9/2010 at 09:00AM - 10:00AM in Judge Mosman's Courtroom before Judge Michael W. Mosman. RESETTING THE TIME ONLY of the Court Trial SET FOR 8/9/2010 at 02:00PM in Judge Mosman's Courtroom before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls) (Entered: 08/02/2010)
2010-08-02 74 0 Scheduling Order as to Lennie Ames, Jared Fournier. Order STRIKING the In Chambers Conference is set for 8/9/2010 at 09:00AM - 10:00AM in Judge Mosman's Courtroom before Judge Michael W. Mosman. Oral Argument remains previously set for 8/9/2010 at 10:00AM - 11:00AM in Judge Mosman's Courtroom before Judge Michael W. Mosman. RESETTING the Court Trial FROM 8/9/2010 at 02:00PM, SET FOR 8/10/2010 AT 9:00AM in Judge Mosman's Courtroom before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls) (Entered: 08/02/2010)
2010-08-03 75 0 Trial Brief by USA as to Lennie Ames, Jared Fournier (Evans, Neil) (Entered: 08/03/2010)