Spongetech Delivery Systems, Inc. (fka SPNGQ)

[mAjOr dAmAgE]

Moskowitz is snitching, so they can't sentence him until the full extent of his cooperation is known. At that point, he will receive a downward departure pursuant to United States Sentencing Guidelines 5K1.2.

Look at the docket, go to the end, you'll notice all the missing numbers. Those are sealed pleadings relating to the snitch status of Moskowitz.

05/25/2011 ORDER granting 125 Motion to Modify Conditions of Release as to Frank Nicolois (7)--- Defendant must provide full itinerary details, i.e. where and with whom he will be staying, departure and return dates and times, to Pretrial Services in advance of travel. So Ordered by Judge Dora Lizette Irizarry on 5/25/2011. (Irizarry, Dora) (Entered: 05/25/2011)
05/25/2011 126 NOTICE of Motion to Dismiss as to Michael Metter (Fritz, Maranda) (Entered: 05/25/2011)
05/25/2011 127 NOTICE of Motion to Suppress Seized Property as to Michael Metter (Fritz, Maranda) (Entered: 05/25/2011)
05/25/2011 128 MOTION to Dismiss Based on Lack of Venue by Michael Metter. (Fritz, Maranda) (Entered: 05/25/2011)
05/25/2011 129 MOTION to Suppress Seized Property by Michael Metter. (Fritz, Maranda) (Entered: 05/25/2011)
05/25/2011 130 AFFIDAVIT/AFFIRMATION by Michael Metter (Fritz, Maranda) (Entered: 05/25/2011)
05/25/2011 131 AFFIDAVIT/AFFIRMATION by Michael Metter 128 MOTION to Dismiss Based on Lack of Venue filed by Michael Metter, 129 MOTION to Suppress Seized Property filed by Michael Metter (Fritz, Maranda) (Entered: 05/25/2011)
05/25/2011 132 AFFIDAVIT/AFFIRMATION by Michael Metter 128 MOTION to Dismiss Based on Lack of Venue filed by Michael Metter, 129 MOTION to Suppress Seized Property filed by Michael Metter (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit) (Fritz, Maranda) (Entered: 05/25/2011)
06/07/2011 138 Letter Requesting Extension of Time to File Responses as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois (Schaeffer, William) (Entered: 06/07/2011)
06/08/2011 ORDER as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois re 138 Letter --- The request is granted. The government's response is now due by July 25, 2011; defendants' replies are now due by August 8, 2011. So Ordered by Judge Dora Lizette Irizarry on 6/8/2011. (Irizarry, Dora) (Entered: 06/08/2011)
06/21/2011 139 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois held on November 22, 2010, before Judge Irizarry. Court Reporter/Transcriber Burt Sulzer, Telephone number 718 613-2481. Email address: [e-mail]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/12/2011. Redacted Transcript Deadline set for 7/22/2011. Release of Transcript Restriction set for 9/19/2011. (Sulzer, Burt) (Entered: 06/21/2011)
06/22/2011 140 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois held on April 8, 2011, before Judge Irizarry. Court Reporter/Transcriber H. Driscoll, Telephone number 718-613-2274. Email address: [e-mail]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/13/2011. Redacted Transcript Deadline set for 7/25/2011. Release of Transcript Restriction set for 9/20/2011. (Driscoll, Holly) (Entered: 06/22/2011)
06/29/2011 141 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Status Conference as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, Thomas Cavanagh, Frank Nicolois held on 6/29/2011. All counsel present for defts. Status of defse. motions discussed. Govt response to motions (those not fully briefed) is due 7/25; defts' replies due by 8/8/11. Case to be assigned to another AUSA. AUSA must file ntc. of appr. forthwith. Time excl. betw. 6/29-10/24/11. (Oral arg./or hrg. on motions set for 10/24/2011 at 9:30 AM in Courtroom 4 A South before Judge Dora Lizette Irizarry).(Court Reporter R.Tolkin) (Layne, Monique) (Entered: 06/30/2011)
07/11/2011 Deadlines and Hearings updated as to George Speranza. (Carosella, Christy) (Entered: 07/11/2011)
07/25/2011 142 Letter Concerning New AUSA as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois (Burlingame, Roger) (Entered: 07/25/2011)
07/25/2011 143 RESPONSE to Motion re 128 MOTION to Dismiss Based on Lack of Venue, 116 Letter MOTION to Sever Defendant, 122 Notice of MOTION to Dismiss, 129 MOTION to Suppress Seized Property, 104 First MOTION to Sever Defendant Speranza (Burlingame, Roger) (Entered: 07/25/2011)
07/26/2011 Email Notification Test - DO NOT REPLY (Carosella, Christy) (Entered: 07/26/2011)
07/26/2011 Attorney update in case as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois. Attorney William E. Schaeffer terminated. (Carosella, Christy) (Entered: 07/26/2011)
08/03/2011 144 Letter MOTION for Extension of Time to File Response/Reply brief in support of the defendant's motion to dismiss and suppress by Michael Metter as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois. (Fritz, Maranda) (Entered: 08/03/2011)
08/03/2011 ORDER granting 144 Motion for Extension of Time to File Response/Reply as to Michael Metter (1), Steven Moskowitz (2), Andrew Tepfer (3), Seymour Eisenberg (4), George Speranza (5), Thomas Cavanagh (6), Frank Nicolois (7)-- Defendants' request for an extension until August 22, 2011 to file their reply to the government's opposition to their motion to dismiss is GRANTED. Replies due by 8/22/2011. SO ORDERED by Judge Dora Lizette Irizarry on 8/3/2011. (Irizarry, Dora) (Entered: 08/03/2011)
08/09/2011 NOTICE OF HEARING as to George Speranza: The presentence report was prepared by Senior U.S. Probation Officer Patricia Sullivan on August 8, 2011. Please note that sentencing is scheduled for October 5, 2011 at 10:00 AM in courtroom 4A South before Judge Irizarry. Counsel are directed to Judge Irizarry's Standard Requirements for Criminal Cases (available on the EDNY website) for procedures and deadlines for submission of objections to the PSR and other sentencing memoranda and/or motions. Any questions concerning these rules should be directed to the courtroom deputy. (Carosella, Christy) (Entered: 08/09/2011)
08/11/2011 146 CJA 20 as to George Speranza: Authorization to Pay Richard Rosenberg. Voucher # 110711000196.. Ordered by Senior Judge Allyne R. Ross on 06/24/2011. (Rios, Laura) (Entered: 08/11/2011)
08/18/2011 148 REPLY TO RESPONSE to Motion re 116 Letter MOTION to Sever Defendant as to Seymour Eisenberg (Meringolo, John) (Entered: 08/18/2011)
08/22/2011 149 MEMORANDUM in Support re 122 Notice of MOTION to Dismiss Counts Six and Seven of the Indictment (Sherwood, James) (Entered: 08/22/2011)
08/22/2011 150 MEMORANDUM in Support re 128 MOTION to Dismiss Based on Lack of Venue, 129 MOTION to Suppress Seized Property (Fritz, Maranda) (Entered: 08/22/2011)
09/02/2011 151 NOTICE OF ATTORNEY APPEARANCE Nathan Daniel Reilly appearing for USA. (Reilly, Nathan) (Entered: 09/02/2011)
09/02/2011 152 Letter Relating to Discovery as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois (Reilly, Nathan) (Entered: 09/02/2011)
09/19/2011 153 First MOTION to Continue Sentencing by George Speranza. (Rosenberg, Richard) (Entered: 09/19/2011)
09/20/2011 154 MOTION to Travel by Frank Nicolois. (Batista, Paul) (Entered: 09/20/2011)
09/21/2011 ORDER granting 153 Motion to Continue as to George Speranza (5) --- Sentencing is adjourned to October 17, 2011 at 2:00 PM in courtroom 4A South. So Ordered by Judge Dora Lizette Irizarry on 9/21/2011. (Carosella, Christy) (Entered: 09/21/2011)
09/21/2011 ORDER as to George Speranza: Probation has advised the Court that it received objections to the presentence report from the defendant and, to date, the government has not filed a response, in direct contravention of this court's Standard Requirements in Criminal Cases. The Court requires the opposing party respond within ten business days of the date the objections are made. The government must submit a response to probation and forward a hard courtesy copy to the court within two business days from the date of this Order, i.e., no later than September 23, 2011. Failure to comply may result in the imposition of sanctions. SO ORDERED by Judge Dora Lizette Irizarry on 9/21/2011. (Irizarry, Dora) (Entered: 09/21/2011)
09/21/2011 ORDER granting 154 Motion to Travel as to Frank Nicolois (7) -- The defendant is permitted to travel as indicated in counsel's letter. Defendant must provide the itinerary for his travel to Pretrial Services in advance. So Ordered by Judge Dora Lizette Irizarry on 9/21/2011. (Carosella, Christy) (Entered: 09/21/2011)
09/23/2011 155 Letter To Court Concening Government's Failure to File Timely Response to the Defendant's Objections to the PSR as to George Speranza (Burlingame, Roger) (Entered: 09/23/2011)
09/27/2011 156 Letter to the Honorable Dora L. Irizarry as to Michael Metter (Fritz, Maranda) (Entered: 09/27/2011)
09/28/2011 157 MOTION to Modify Conditions of Release to allow travel to and from New Jersey on October 1 and 2, 2011 by George Speranza. (Rosenberg, Richard) (Entered: 09/28/2011)
09/28/2011 ORDER as to Michael Metter re 156 Letter - The request is granted. The defendant is permitted to travel to Las Vegas, NV for business purposes between Oct. 3, 2011 and Oct. 8, 2011. The defendant must provide his itinerary to Pretrial Services in advance of travel. So Ordered by Judge Dora Lizette Irizarry on 9/28/2011. (Carosella, Christy) (Entered: 09/28/2011)
09/29/2011 158 SENTENCING MEMORANDUM by George Speranza (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L) (Rosenberg, Richard) (Entered: 09/29/2011)
09/30/2011 ORDER granting 157 Motion to Modify Conditions of Release as to George Speranza (5) --- The defendant is permitted to travel to the family event described in Mr. Rosenberg's letter. So Ordered by Judge Dora Lizette Irizarry on 9/30/2011. (Carosella, Christy) (Entered: 09/30/2011)
10/07/2011 160 Letter re: Sentencing as to George Speranza (Reilly, Nathan) (Entered: 10/07/2011)
10/11/2011 163 PRETRIAL MEMORANDUM as to Seymour Eisenberg re violation of release conditions. (Carosella, Christy) (Entered: 10/14/2011)
10/12/2011 161 PRETRIAL MEMORANDUM as to George Speranza. (Carosella, Christy) (Entered: 10/13/2011)
10/14/2011 ORDER as to Seymour Eisenberg re 163 Pretrial Memorandum: A status conference to address the issues raised in this memorandum will be held at the conclusion of the motion hearing scheduled for Monday, October 24, 2011. Ordered by Judge Dora Lizette Irizarry on 10/14/2011. (Carosella, Christy) (Entered: 10/14/2011)
10/17/2011 165 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Sentencing held on 10/17/2011 for George Speranza (5); see document for appearances and full details. Defendant sentenced on Count 10 of superseding indictment to FIVE YEARS OF PROBATION with special conditions: 1. May not possess firearm, ammunition, destructive device; 2. employment prohibition re sale, promotion, marketing of stocks; 3. maintain lawful verifiable employment; 4. pay income tax arrears; 5. may not open new lines of credit without approval of Probation Dept.; 6. Full financial disclosure; 7. First 6 months of probation under home confinement with elec. monitoring; cost paid by deft. to extent able. $100 special assessment. No fine due to inability to pay. Counts 2, 4 / underlying indictment are dismissed upon government's motion. Probation to assist defendant in obtaining cert. of relief from civil disabilities. Defendant waived appeal pursuant to plea agreement. (Court Reporter Anthony Mancuso.) (Carosella, Christy) (Entered: 10/17/2011)
10/19/2011 167 JUDGMENT as to George Speranza (5), Count(s) 10, FIVE YEARS OF PROBATION with special conditions: 1. May not possess firearm, ammunition, destructive device; 2. employment prohibition re sale, promotion, marketing of stocks; 3. maintain lawful verifiable employment; 4. pay income tax arrears; 5. may not open new lines of credit without approval of Probation Dept.; 6. Full financial disclosure; 7. First 6 months of probation under home confinement with elec. monitoring; cost paid by deft. to extent able. $100 special assessment. No fine due to inability to pay.; Count(s) 2, 4, Dismissed upon government's motion. Ordered by Judge Dora Lizette Irizarry on 10/19/2011. (Carosella, Christy) (Entered: 10/19/2011)
10/21/2011 170 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Change of Plea Hearing as to Seymour Eisenberg held on 10/21/2011. AUSA Roger Burlingam; IRS Special Agent John Carrano; defense attorney John Meringolo (retained) with associate Clara Kalhous for defendant (pres./on bond). Guilty pleas entered by Seymour Eisenberg (4) to Count 1, 3, and 5 of superseding indictment. Pleas accepted. See document for full details. (Court Reporter Charisse Kitt.) (Carosella, Christy) (Entered: 10/21/2011)
10/21/2011 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Bond Violation Hearing as to Seymour Eisenberg held on 10/21/2011. AUSA Roger Burlingame; IRS Special Agent John Carrano; Pretrial Services Officer Melissa Romano by Louis Calvi; defense attorneys John Meringolo (retained) and associate Clara Kalhous for the defendant (pres/on bond). Court addresses noncompliance reported by memo of Pretrial Services; no action being sought, however Court reiterates the defendant's obligation to adhere to all conditions of release; additional noncompliance will result in revocation and remand. Defendant permitted to attend religious observances provided he informs Pretrial Services sufficiently in advance. Defendant continued on bond. (Court Reporter Charisse Kitt.) (Carosella, Christy) (Entered: 10/21/2011)
10/21/2011 171 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Change of Plea Hearing as to Thomas Cavanagh held on 10/21/2011. AUSA Roger Burlingame; IRS Special Agent John Carrano; defense attorney James Sherwood for defendant (pres/in custody). Defendant enters guilty plea to Count 6 of superseding indictment. Plea accepted. Defendant's request for expedited PSR and sentencing is granted. Probation shall disclose the PSR by December 2, 2011. Sentencing set for December 16, 2011 at 10:00 AM in Courtroom 4 A South before Judge Dora Lizette Irizarry. Parties directed to Judge Irizarry's criminal requirements. Defendant continued on bond. (Court Reporter Charisse Kitt.) (Carosella, Christy) (Entered: 10/21/2011)
10/21/2011 172 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Change of Plea Hearing as to Frank Nicolois held on 10/21/2011. AUSA Roger Burlingame; defense attorney Paul Batista for defendant (pres/on bond). Defendant enters guilty plea to Count 6 of superseding indictment. Plea accepted. Probation to disclose PSR by January 20, 2012. Sentencing set for March 9, 2012 at 10:00 AM in Courtroom 4 A South before Judge Dora Lizette Irizarry. Parties directed to Judge Irizarry's criminal requirements; see document for details. Defendant continued on bond. (Court Reporter Charisse Kitt.) (Carosella, Christy) (Entered: 10/21/2011)
10/24/2011 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Motion Hearing as to Michael Metter, Andrew Tepfer held on 10/24/2011 re 128 MOTION to Dismiss Based on Lack of Venue filed by Michael Metter, 129 MOTION to Suppress Seized Property filed by Michael Metter. Appearances: AUSA Roger Burlingame and USAO paralegal Dennis Fox; Maranda Fritz for defendant Michael Metter (present/on bond); Avraham Moskowitz for Andrew Tepfer (present/on bond). Oral argument heard. Additional submissions to be filed as stated on the record: Government submission due November 7, 2011; defense response due by December 5, 2011. Status Conference/Decision on motion set for December 21, 2011 at 10:00 AM in Courtroom 4 A South before Judge Dora Lizette Irizarry. Court will notify parties in advance if additional oral argument is needed. Time excluded due to motion practice and case complexity. (Court Reporter Burt Sulzer.) (Carosella, Christy) (Entered: 10/24/2011)
11/01/2011 173 Letter MOTION for Early Termination of Probation/Supervised Release by Frank Nicolois. (Batista, Paul) (Entered: 11/01/2011)
11/02/2011 ORDER granting 173 Motion for Early Termination of Probation/Supervised Release as to Frank Nicolois (7) --- Counsel is admonished to use the proper ECF event when making applications to the Court. The correct event in this instance is "Motion to Modify Conditions of Release." Failure to use the appropriate event has statistical ramifications and the Court may not consider applications that are improperly filed in the future. Nevertheless, defendant's request to modify conditions of release is granted; defendant is permitted to travel between Nov. 4-6, 2011, as stated in counsel's letter. Defendant must provide his full travel itinerary to Pretrial Services in advance. So Ordered by Judge Dora Lizette Irizarry on 11/2/2011. (Carosella, Christy) (Entered: 11/02/2011)
11/04/2011 178 First MOTION for Extension of Time to File Addition Submission by USA as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois. (Reilly, Nathan) (Entered: 11/04/2011)
11/04/2011 179 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Bond Modification Hearing as to Seymour Eisenberg held on 11/4/2011. AUSA R. Burlingame. J. Merinogolo, Esq. ret. for deft. 1 Surety sworn-advised of bond oblig's.-signed bond. Bond modified; property removed form bond. Surety Uri Eisenberg added as surety. (LOG#:11:15-11:19) (Layne, Monique) (Entered: 11/04/2011)
11/04/2011 180 ORDER Setting Conditions of Release And Bond as to Seymour Eisenberg (4) 150,000.00(Secured). 1-Surety added. Ordered by Magistrate Judge James Orenstein on 11/4/2011. (Layne, Monique) (Entered: 11/04/2011)
11/07/2011 ORDER granting 178 Motion for Extension of Time to File as to Michael Metter (1), Andrew Tepfer (3); terminating 178 Motion for Extension of Time to File as to Steven Moskowitz (2), Seymour Eisenberg (4), George Speranza (5), Thomas Cavanagh (6), Frank Nicolois (7) --- The motion applies only to defendants Metter and Tepfer. The request is granted. The government's response shall be filed by November 14, 2011; defendants' replies are now due by December 12, 2011. In the future, counsel shall not wait until the Friday before a deadline to make an extension request. So Ordered by Judge Dora Lizette Irizarry on 11/7/2011. (Irizarry, Dora) (Entered: 11/07/2011)
11/14/2011 181 MOTION for Forfeiture of Property Letter Enclosing Proposed Order of Forfeiture by USA as to Thomas Cavanagh. (Attachments: # 1 Proposed Order of Forfeiture) (Morris, Brian) (Entered: 11/14/2011)
11/14/2011 182 MOTION for Forfeiture of Property Letter Enclosing Proposed Order of Forfeiture by USA as to Frank Nicolois. (Attachments: # 1 Proposed Order of Forfeiture) (Morris, Brian) (Entered: 11/14/2011)
11/14/2011 183 RESPONSE in Opposition re 129 MOTION to Suppress Seized Property (Reilly, Nathan) (Entered: 11/14/2011)
11/16/2011 184 ORDER OF FORFEITURE as to Thomas Cavanagh (6). (Signed by Judge Dora Lizette Irizarry on 11/14/2011) Five certified copies sent to FSA Paralegal Nicole Brown, U.S. Atty's Office. (Piper, Francine) (Entered: 11/16/2011)
11/18/2011 185 ORDER OF FORFEITURE as to Frank Nicolois (7). Ordered by Judge Dora Lizette Irizarry on 11/14/2011. (Five certified copies sent to the U.S. Attorney's Office) (Brucella, Michelle) (Entered: 11/18/2011)
11/28/2011 186 MOTION to Modify Conditions of Release by Steven Moskowitz. (Baker, Mark) (Entered: 11/28/2011)
11/30/2011 187 Letter MOTION for Extension of Time to File by Thomas Cavanagh. (Kramer, Bennette) (Entered: 11/30/2011)
11/30/2011 ORDER GRANTING 186 Motion to Modify Conditions of Release as to Steven Moskowitz (2) - On the consent of the government and Pretrial Services, defendant's request for leave to travel to Chicago from January 5, 2012 to January 9th and to Florida from January 19, 2012 to January 30th for business purposes is granted. Defendant must provide detailed itineraries for each trip, including where and with whom he will be staying, traveling, and contact information. SO ORDERED by Judge Dora Lizette Irizarry on 11/30/2011. (Irizarry, Dora) (Entered: 11/30/2011)
11/30/2011 ORDER GRANTING 187 Motion for Extension of Time to File as to Thomas Cavanagh (6) - Defendant's request for an extension until December 9, 2011 to submit a sentence memorandum is granted. The government must submit its sentencing memorandum in reply NO LATER THAN DECEMBER 13, 2011. SO ORDERED by Judge Dora Lizette Irizarry on 11/30/2011. (Irizarry, Dora) (Entered: 11/30/2011)
12/09/2011 195 SENTENCING MEMORANDUM by Thomas Cavanagh (filed in hard copy with Clerk's Office). (Carosella, Christy) (Entered: 12/19/2011)
12/12/2011 189 Letter [Response to Government Supplement] as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois (Fritz, Maranda) (Entered: 12/12/2011)
12/13/2011 190 Letter Regarding Sentencing as to Thomas Cavanagh (Burlingame, Roger) (Entered: 12/13/2011)
12/15/2011 192 Letter Concerning Government's Position Regarding Seized Electronic Materials as to Michael Metter, Andrew Tepfer (Burlingame, Roger) (Entered: 12/15/2011)
12/16/2011 193 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Sentencing held on 12/16/2011 for Thomas Cavanagh. See document for appearances and full details. Defendant sentenced on Count 6 of superseding indictment to 24 months in custody; 3 years of supervised release - special condition: may not possess firearm, ammunition, or destructive device. $100 Special assessment. No fine due to inability to pay in light of compliance with forfeiture order; restitution not applicable. Count 7 is dismissed upon government's motion. Defendant to self-surrender to USMS/EDNY by 9:30 am on Jan. 6, 2012. Rec. to BOP: Designation to facility that can accommodate medical needs. (Court Reporter Charisse Kitt.) (Carosella, Christy) (Main Document 193 replaced on 12/16/2011) (Carosella, Christy). (Entered: 12/16/2011)
12/19/2011 196 STATUS REPORT informing the Court that Mr. Tepfer is in the process of negotiating a disposition of his case, anticipates entering a guilty plea in early 2012, and will not seek the production of additional discovery materials by Andrew Tepfer (Moskowitz, Avraham) (Entered: 12/19/2011)
12/21/2011 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Status Conference as to Michael Metter, Andrew Tepfer held on 12/21/2011. Appearances: AUSAs Roger Burlingame and Nathan Reilly; Retained defense attorneys Maranda Fritz and Katie Lachter for defendant 1, Michael Metter (present/on bond); Retained defense attorney Avraham Moskowitz for defendant 3, Andrew Tepfer (present/on bond). Government advises of status of discovery, particularly with respect to analysis of hard drives. Decision on motion(s) as to defendant Metter will be decided in due course. Defendant Tepfer is engaged in plea negotiations; expect pleading by end of January due to defense counsel's trial schedule. Status conference/guilty plea as to defendant Andrew Tepfer set for February 10, 2012 at noon in courtroom 4A South before Judge Irizarry. Further statusu conference as to defendant Metter set for February 10, 2012 at 3:00 PM in courtroom 4A South before Judge Irizarry. Ms. Fritz's applications to unseal certain documents relating to defendants Moskowitz and Cavanagh are denied for reasons stated on the record. Time is excluded on consent and in the interest of justice as to defendant Metter (motion practice) and defendant Tepfer (plea negotiations) between Dec. 21, 2011 and Feb. 10, 2012. (Court Reporter Marsha Diamond.) (Carosella, Christy) (Entered: 12/21/2011)
12/21/2011 197 Letter as to Thomas Cavanagh (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L) (Kramer, Bennette) (Entered: 12/21/2011)
12/22/2011 198 JUDGMENT as to Thomas Cavanagh (6), Count(s) 6, 24 months IMPRISONMENT; 3 years SUPERVISED RELEASE. SPECIAL CONDITIONS OF SUPERVISION: firearm prohibition. $100 SPECIAL ASSESSMENT. RECOMMENDATION TO BOP: Designation to facility capable of accommodating deft's medical needs. No fine. RESTITUTION: N/A. Deft to self-surrender to USMS/EDNY by 9:30 am on Jan. 6, 2012. Count(s) 7, Dismissed upon government's motion. Ordered by Judge Dora Lizette Irizarry on 12/20/2011.Distributed electronically. (Layne, Monique) (Entered: 12/22/2011)
01/18/2012 200 Letter re Discovery as to Michael Metter, Andrew Tepfer (Reilly, Nathan) (Entered: 01/18/2012)
01/23/2012 202 MOTION to Travel by Frank Nicolois. (Batista, Paul) (Entered: 01/23/2012)
01/23/2012 ORDER GRANTING 202 Motion to Travel as to Frank Nicolois (7) - On the consent of the government and Pretrial Services, defendant's request for leave to travel to Florida from January 28, 2012 to February 3, 2012 for business purposes is granted. However, defendant is reminded that he must immediately provide Pretrial Services with a detailed itinerary of his travel, including dates and times of departures and arrivals, and where and with whom he will be staying. SO ORDERED by Judge Dora Lizette Irizarry on 01/23/12. (Irizarry, Dora) (Entered: 01/23/2012)
01/25/2012 NOTICE OF HEARING as to Frank Nicolois: The presentence report was prepared by U.S. Probation Officer Lisa A. Langone on January 23, 2012 and received in chambers on January 25, 2012. Please note that sentencing is scheduled for March 9, 2012 at 10:00 AM in courtroom 4A South before Judge Irizarry. Counsel are directed to Judge Irizarry's Standard Requirements for Criminal Cases (available on the EDNY website) for procedures and deadlines for submission of objections to the PSR and other sentencing memoranda and/or motions. Questions concerning these requirements are directed to the courtroom deputy. (Carosella, Christy) (Entered: 01/25/2012)
02/01/2012 205 Letter dtd. 1/26/12 from Jeff Webber to Judge Irizarry, "regarding information he has received re the SEC's court action in the matter of USA v. Metter and expressing he is deeply troubled by statements made by Mr. Metter's atty., Miranda Fritz in regards to him." (Returned to chmbrs.) (Layne, Monique) (Entered: 02/01/2012)
02/02/2012 SCHEDULING ORDER as to Michael Metter and Andrew Tepfer --- A Status Conference is scheduled for February 8, 2012 at 2:30 PM in Courtroom 4 A South to address 205 Letter. So Ordered by Judge Dora Lizette Irizarry on 2/2/2012. (Carosella, Christy) Modified on 2/8/2012 (Carosella, Christy). (Entered: 02/02/2012)
02/07/2012 206 Letter request for adjournment as to Andrew Tepfer (Parker, Michael) (Entered: 02/07/2012)
02/08/2012 ORDER as to Andrew Tepfer re 206 Letter - The request is granted. Change of Plea Hearing rescheduled to March 7, 2012 at 3:00 PM in Courtroom 4 A South. So Ordered by Judge Dora Lizette Irizarry on 2/8/2012. (Carosella, Christy) (Entered: 02/08/2012)
02/08/2012 ORDER TO CONTINUE - Ends of Justice as to Andrew Tepfer -- Time excluded from February 10, 2012 until March 7, 2012 due to ongoing plea negotiations per 206 . So Ordered by Judge Dora Lizette Irizarry on 2/8/2012. (Carosella, Christy) (Entered: 02/08/2012)
02/08/2012 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Status Conference as to Michael Metter and Andrew Tepfer held on 2/8/2012. Appearances: AUSA Nathan Reilly; Maranda Fritz (retained) for Michael Metter (present/bond); Avraham Moskowitz by Todd Parker (retained) for Andrew Tepfer. Govt to provide answers to Court's inquiry (when investigation of Spongetech began and why Metter deposed in DC rather than EDNY) by Friday, February 10, 2012. Ms. Fritz shall provide a letter noting identification of personal items re suppression motion by Friday, February 10, 2012. Mr. Parker shall confer with Mr. Moskowitz as to whether or not Tepfer still joins in Metter's motions in light of guilty plea scheduled for March 7, 2012 at 3:00 PM. Fritz shall also respond to "Weber" letter by Feb. 10, 2012; conference will be scheduled in SEC (civil) case. Further Status Conference set for March 7, 2012 at 2:00 PM in Courtroom 4 A as to Metter. Status conference previously set for Feb. 10, 2012 is canceled. Time continues to be excluded due to case complexity and pretrial motion practice. (Court Reporter Ronald Tolkin.) (Carosella, Christy) (Entered: 02/08/2012)
02/10/2012 207 Letter in Response to the Court's questions at the February 8, 2012 status conference as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois (Reilly, Nathan) (Entered: 02/10/2012)
02/10/2012 208 Letter [In Response to Question Raised By the Court at February 8, 2012 Court Conference] as to Michael Metter (Fritz, Maranda) (Entered: 02/10/2012)
02/29/2012 209 SENTENCING MEMORANDUM by Frank Nicolois (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Batista, Paul) (Entered: 02/29/2012)
03/01/2012 211 STATUS REPORT by Pretrial Services as to Frank Nicolois in anticipation of sentencing (access restricted due to personal content). (Carosella, Christy) (Entered: 03/01/2012)
03/02/2012 212 SENTENCING MEMORANDUM by USA as to Frank Nicolois (Reilly, Nathan) (Entered: 03/02/2012)
03/06/2012 ORDER ADJOURNING SENTENCING as to Frank Nicolois: Due to an unforeseen scheduling conflict sentencing, previously set for March 9, 2012, is adjourned. The courtroom deputy will contact the parties via email to select a new sentence date. So Ordered by Judge Dora Lizette Irizarry on 3/6/2012. (Carosella, Christy) (Entered: 03/06/2012)
03/07/2012 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Status Conference as to Michael Metter held on 3/7/2012. Appearances: AUSA Nathan Reilly; Retained defense attorney Maranda Fritz for defendant (pres/bond). Court notes decision on defendant's motion concerning venue is denied without prejudice to renew at the close of the Government's case on trial; written order will be issued. Decision on suppression motion is still under consideration. Status of case stated by AUSA; will be turning over additional items requested by defense counsel. Ms. Fritz agrees with Government's status report. Final Status Conference set for April 5, 2012 at 2:00 PM in Courtroom 4 A South before Judge Dora Lizette Irizarry. Time continues to be excluded due to pending motion. (Court Reporter Frederick Guerino.) (Carosella, Christy) Modified on 3/7/2012 (Carosella, Christy). (Entered: 03/07/2012)
03/08/2012 213 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Change of Plea Hearing as to Andrew Tepfer held on 3/7/2012. See document for appearances and details. Plea entered by Andrew Tepfer (3) --- Guilty to Counts 1,3, and 5 of the superseding indictment; pleas accepted. Sentencing schedule order will be entered. (Court Reporter Frederick Guerino.) (Carosella, Christy) Modified on 4/5/2012 (Carosella, Christy). (Entered: 03/08/2012)
03/15/2012 Updated Hearings as to Andrew Tepfer. (Carosella, Christy) (Entered: 03/15/2012)
04/04/2012 ORDER TO CONTINUE - Ends of Justice as to Michael Metter - Time excluded between 4/5/2012 and 4/17/2012; case previously designated complex. So Ordered by Judge Dora Lizette Irizarry on 4/4/2012. (Carosella, Christy) (Entered: 04/04/2012)
04/16/2012 ORDER TO CONTINUE - Ends of Justice as to Michael Metter: The status conference previously scheduled for April 17, 2012 is hereby adjourned to April 27, 2012 at 12:00 noon in courtroom 4A South. Time is excluded due to the pending motion and case complexity from April 17, 2012 until April 27, 2012. So Ordered by Judge Dora Lizette Irizarry on 4/16/2012. (Carosella, Christy) (Entered: 04/16/2012)
04/27/2012 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Status Conference as to Michael Metter held on 4/27/2012. AUSA Nathan Reilly; Retained defense attorney Maranda Fritz for defendant (pres/bond). Court advises that defendant's motion as to venue is denied w/o prejudice to renew at the end of the govt's case on trial; defendant's motion to suppress elec. evidence seized purs. to warrant(s) is granted as stated on the record - written order will be entered in approx. one week. Further Status Conference set for May 23, 2012 at 2:30 PM in Courtroom 4 A South before Judge Dora Lizette Irizarry. Time excluded between April 27, 2012 and May 23, 2012. (Court Reporter Victoria Butler.) (Carosella, Christy) (Entered: 05/02/2012)
05/09/2012 216 SENTENCING MEMORANDUM by Frank Nicolois (Attachments: # 1 Letter) (Batista, Paul) (Entered: 05/09/2012)
05/11/2012 217 STATUS REPORT by Pretrial Services as to Frank Nicolois (access restricted due to personal content; copies emailed to parties). (Carosella, Christy) (Entered: 05/11/2012)
05/11/2012 Attorney update in case as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois. Attorney Jeffrey A. Goldberg terminated. (Carosella, Christy) (Entered: 05/11/2012)
05/11/2012 Attorney update in case as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois. Attorney Jeffrey A. Goldberg terminated. (Carosella, Christy) (Entered: 05/11/2012)
05/15/2012 218 Letter as to Frank Nicolois (Batista, Paul) (Entered: 05/15/2012)
05/17/2012 219 ORDER DENYING 128 Motion to Dismiss as to Michael Metter (1); AND GRANTING 129 Motion to Suppress as to Michael Metter (1) - For the reasons set forth in the Attached Written Memorandum and Order, Defendant Metter's motion to dismiss on the basis of improper venue is DENIED, without prejudice to renew at the conclusion of the government's case at trial. Defendant Metter's motion to suppress the electronic evidence seized and imaged pursuant to the Metter Home Search Warrant, Office Search Warrant, and Email Search Warrant is GRANTED. SO ORDERED by Judge Dora Lizette Irizarry on 5/17/2012. (Irizarry, Dora) (Entered: 05/17/2012)
05/17/2012 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Sentencing held on 5/17/2012 for Frank Nicolois (7). Appearances: AUSA Nathan Reilly; USPO Lisa Langone; Retained defense attorney Paul Batista for defendant (pres/bond) Defendant sentenced on Count 6 to 16 months in custody; 3 years supervised release with special conditions: 1. May not possess firearm, ammunition, destructive device; 2. No contact with codefendant Cavanagh; 3. Maintain fulltime, verifiable employment; 4. Full financial disclosure. $100 special assessment. No fine. Count 7 Dismissed. Defendant advised of right to appeal to extent not waived pursuant to plea agreement. Forfeiture satisfied. Self-surrender to facility designated by BOP by 9:30 am on July 27, 2012. (Court Reporter Gene Rudolph.) (Carosella, Christy) (Entered: 05/21/2012)
05/21/2012 220 MOTION to Continue Status Conference by USA as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois. (Reilly, Nathan) (Entered: 05/21/2012)
05/22/2012 ORDER granting 220 Motion to Continue as to Michael Metter (1) --- The status conference is adjourned to June 20, 2012 at noon. Time is excluded on consent and in the interest of justice between May 23, 2012 and June 20, 2012. So Ordered by Judge Dora Lizette Irizarry on 5/22/2012. (Carosella, Christy) (Entered: 05/22/2012)
06/07/2012 223 JUDGMENT as to Frank Nicolois (7), Count(s) 6, 16 months Imprisonment; 3 years Supervised Release w/Special Conditions: 1. Firearm prohibition; 2. No contact with co-deft Cavanagh; 3. Maintain F/T verifiable employment; 4. and make full financial disclosure. $100 Special Assessment. No fine. Count(s) 7, Dismissed. Ordered by Judge Dora Lizette Irizarry on 6/4/2012. Distributed electronically. (Layne, Monique) (Entered: 06/07/2012)
06/12/2012 226 MOTION to Travel by Frank Nicolois. (Batista, Paul) (Entered: 06/12/2012)
06/13/2012 ORDER granting 226 Motion to Travel as to Frank Nicolois (7). So Ordered by Judge Dora Lizette Irizarry on 6/13/2012. (Carosella, Christy) (Entered: 06/13/2012)
06/14/2012 228 Letter re Additional Discovery as to Michael Metter (Reilly, Nathan) (Entered: 06/14/2012)
06/15/2012 229 NOTICE OF APPEAL (Interlocutory) by USA as to Michael Metter (James, David) (Entered: 06/15/2012)
06/15/2012 230 NOTICE of certification pursuant to 18 U.S.C. § 3731. Please note this should have been filed with interlocutory notice of appeal as to Michael Metter re 229 Notice of Appeal - Interlocutory (James, David) (Entered: 06/15/2012)
06/15/2012 231 SUBSEQUENT (AMENDED) INTERLOCUTORY NOTICE OF APPEAL by USA as to Michael Metter re 219 Order on Motion to Dismiss, Order on Motion to Suppress. No Fee. Service done electronically. Please note: This Interlocutory Notice of Appeal is being amended to include Certification pursuant to 18 USC 3731. (McGee, Mary Ann) (Entered: 06/15/2012)
06/15/2012 Electronic Index to Record on Appeal as to Michael Metter sent to US Court of Appeals 231 Subsequent Notice of Appeal - Final Judgment, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Manuel, Germaine) (Entered: 06/15/2012)
06/15/2012 Electronic Index to Record on Appeal as to Michael Metter sent to US Court of Appeals 229 Notice of Appeal - Interlocutory. Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Manuel, Germaine) (Entered: 06/15/2012)
06/18/2012 232 Letter to Judge Irizarry re: additional discovery re: 228 as to Michael Metter (Fritz, Maranda) (Entered: 06/18/2012)
06/19/2012 Minute Entry for proceedings held before Judge Dora Lizette Irizarry: Status Conference as to Michael Metter held on 6/19/2012. Appearances: AUSAs Nathan Reilly and James McMahon; Retained defense attorney Maranda Fritz for the defendant (pres/bond). Govt has filed an interlocutory appeal of Court's decision on suppression. Govt letter of 6/14/12 and Fritz letter of 6/18/12 addressed. Briefing schedules set for three motions as follows: 3500 discovery motion: Defendant's motion to be filed by July 3, 2012; govt's opposition (to be addressed by AUSA James Gatta) to be filed by July 17, 2012; defendant's reply to be filed by July 24, 2012; oral argument and/or hearing set for August 1, 2012 at 10:00 AM in courtroom 4A South before Judge Irizarry. If Mr. Gatta's schedule requires an adjustment of this schedule, he must notify the Court as soon as possible. Hard drive motion: Defendant's motion to be filed by July 17, 2012; govt's opposition to be filed by July 31, 2012; defendant's reply to be filed by August 7, 2012; oral argument and/or hearing set for September 10, 2012 at 10:00 AM in courtroom 4A South before Judge Irizarry. "Moskowitz" motion: Defendant's motion to be filed by August 24, 2012; govt's opposition (to be addressed by AUSA James Gatta) to be filed by September 7, 2012; defendant's reply to be filed by September 14, 2012; oral argument and/or hearing set for September 27, 2012 at 10:00 AM in courtroom 4A South before Judge Irizarry. Case previously designated complex for speedy trial purposes. (Court Reporter Michele Nardone.) (Carosella, Christy) Modified on 6/19/2012 (Carosella, Christy). (Entered: 06/19/2012)
06/20/2012 233 Certificate of Service by USA as to Thomas Cavanagh As requested, all checks have been deposited into the suspense account on 1-25-12. (Morris, Brian) (Entered: 06/20/2012)
06/20/2012 234 Certificate of Service by USA as to Frank Nicolois As requested, all checks have been deposited into the suspense account on 03-30-12. (Morris, Brian) (Entered: 06/20/2012)
06/22/2012 235 MOTION to Modify Conditions of Release to include mental health treatment by Pretrial Services as to Andrew Tepfer. (Carosella, Christy) (Entered: 06/26/2012)
06/26/2012 236 ORDER granting 235 Motion to Modify Conditions of Release as to Andrew Tepfer (3) to include mental health evaluation and treatment as deemed necessary by Pretrial Services. Signed by Judge Dora Lizette Irizarry on 6/26/2012. (Carosella, Christy) (Entered: 06/26/2012)
06/26/2012 Incorrect Case-Document Information entered 6/26/12 has been deleted. (Carosella, Christy) (Entered: 06/26/2012)
06/29/2012 239 MOTION for Disclosure (submitted by firewall counsel James Gatta) by USA as to Michael Metter. (Carosella, Christy) (Entered: 07/11/2012)
06/29/2012 240 ORDER granting 239 Motion for Disclosure as to Michael Metter (1); ORDER as to Michael Metter. Signed by Judge Dora Lizette Irizarry on 6/29/2012. (Copies provided to counsel) (Carosella, Christy) (Entered: 07/11/2012)
07/02/2012 237 NOTICE OF ATTORNEY APPEARANCE Ilene Weininger Jaroslaw appearing for USA. and Notice of Appearance - Patrick S. Sinclair appearing for USA (Jaroslaw, Ilene) (Entered: 07/02/2012)
07/02/2012 Attorney update in case attorney Patrick Sean Sinclair for USA added. (Lee, Tiffeny) (Entered: 09/13/2012)
07/06/2012 241 AFFIRMATION and Memorandum of Law by Michael Metter regarding discovery motion. (Carosella, Christy) (Entered: 07/11/2012)
07/09/2012 NOTICE as to Michael Metter --- The hearing/oral argument previously scheduled for August 1, 2012 at 10:00 a.m. is RESCHEDULED to 2:00 p.m. before Judge Irizarry in courtroom 4A South. (Carosella, Christy) (Entered: 07/09/2012)
07/10/2012 238 Letter re Discovery as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois (Reilly, Nathan) (Entered: 07/10/2012)
07/11/2012 242 First MOTION for Extension of Time to File the government's response to the defendant's July 6, 2012 motion for disclosure by USA as to Michael Metter. (Gatta, James) (Entered: 07/11/2012)
07/16/2012 ORDER granting 242 Motion for Extension of Time to File as to Michael Metter (1) --- The 3500 material disclosure motion schedule (to be addressed by AUSA Gatta) is revised as follows: The government's opposition is now due by July 31, 2012; defendant's reply is due by August 7, 2012; oral argument is rescheduled to September 7, 2012 at 10:00 AM. The briefing schedule concerning the "Moskowitz" motion (also to be addressed by Mr. Gatta) is revised as follows: The defendant's motion shall be filed by October 5, 2012; the government's response is due by October 19, 2012; defendant's reply is due by October 26, 2012; oral argument is rescheduled to November 9, 2012 at 2:00 pm. The "hard drive" motion schedule (to be addressed by AUSA Reilly) remains unchanged except that the government's opposition is now due byAugust 14, 2012. SO ORDERED by Judge Dora Lizette Irizarry on 7/16/2012. (Carosella, Christy) Modified on 7/16/2012 (Carosella, Christy). (Entered: 07/16/2012)
07/16/2012 243 MOTION to Suppress [Newly Disclosed Subpoenaed Spongetech Backup Hard Drive] by Michael Metter as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois. (Attachments: # 1 Affidavit [In Supportof Defendant's Motion to Suppress the Newly Disclosed Subpoenaed Hard Drive]) (Fritz, Maranda) (Entered: 07/16/2012)
07/19/2012 244 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Michael Metter, Andrew Tepfer held on February 8, 2012, before Judge Irizarry. Court Reporter/Transcriber Ronald E. Tolkin, Official Court Reporter, Telephone number 718-613-2647. Email address: [e-mail]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/9/2012. Redacted Transcript Deadline set for 8/20/2012. Release of Transcript Restriction set for 10/17/2012. (Tolkin, Ronald) (Entered: 07/19/2012)
07/31/2012 252 Government's sealed memorandum of law in opposition to defendant's motion for discovery (submitted by AUSAs James D. Gatta and Anthony M. Cappozolo). Sent to Clerk's Office vault. (Carosella, Christy) (Entered: 08/11/2012)
08/01/2012 248 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois held on October 24, 2011, before Judge Irizarry. Court Reporter/Transcriber Burt Sulzer, Telephone number 718 613-2481. Email address: [e-mail]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/22/2012. Redacted Transcript Deadline set for 9/4/2012. Release of Transcript Restriction set for 10/30/2012. (Sulzer, Burt) (Entered: 08/01/2012)
08/01/2012 249 MOTION for Protective Order by USA as to Michael Metter. (Attachments: # 1 Proposed Order) (Reilly, Nathan) (Entered: 08/01/2012)
08/06/2012 250 Letter 8/3/12 Discovery Letter as to Michael Metter (Jaroslaw, Ilene) (Entered: 08/06/2012)
08/06/2012 ORDER GRANTING 249 Motion for Protective Order as to Michael Metter (1) - On the consent of defendant, the proposed Protective Order re: Section 3500 Material is SO ORDERED. SO ORDERED by Judge Dora Lizette Irizarry on 8/6/2012. (Irizarry, Dora) (Entered: 08/06/2012)
08/13/2012 255 MOTION for Extension of Time to File Response/Reply by USA as to Michael Metter. (Burlingame, Roger) (Entered: 08/13/2012)
08/13/2012 ORDER granting 255 Motion for Extension of Time to File Response/Reply as to Michael Metter (1) - On defendant's consent, the government's request for an extension until August 17, 2012 to respond to defendant's motion to suppress is GRANTED. SO ORDERED by Judge Dora Lizette Irizarry on 8/13/2012. (Irizarry, Dora) (Entered: 08/13/2012)
08/17/2012 256 MOTION for Extension of Time to File Response/Reply as to 255 MOTION for Extension of Time to File Response/Reply by Michael Metter. (Fritz, Maranda) (Entered: 08/17/2012)
08/17/2012 257 MEMORANDUM in Opposition re 243 MOTION to Suppress [Newly Disclosed Subpoenaed Spongetech Backup Hard Drive] (Reilly, Nathan) (Entered: 08/17/2012)
08/20/2012 ORDER GRANTING 256 Motion for Extension of Time to File Response/Reply as to Michael Metter (1) - On the consent of the government, defendant's request for an extension until August 31, 2012 to file a reply to the government's opposition to the motion to suppress is granted. SO ORDERED by Judge Dora Lizette Irizarry on 8/20/2012. (Irizarry, Dora) (Entered: 08/20/2012)
08/23/2012 NOTICE of Reset Hearing Date as to Michael Metter re 243 MOTION to Suppress [Newly Disclosed Subpoenaed Spongetech Backup Hard Drive] ---- The oral argument/hearing is rescheduled from September 10, 2012 to September 14, 2012 at 10:00 AM in courtroom 4 A South before Judge Dora Lizette Irizarry. (Carosella, Christy) (Entered: 08/23/2012)
08/24/2012 258 CJA 20 as to Seymour Eisenberg: Authorization to Pay Lawrence K. Feitell. Voucher # 110913000081. Ordered by Magistrate Judge Robert M. Levy on 10/14/10. (Layne, Monique) (Entered: 08/24/2012)
08/24/2012 259 CJA 20 as to George Speranza: Authorization to Pay Richard H. Rosenberg. Voucher # 111103000082. Ordered by Magistrate Judge Robert M. Levy on 10/14/10. (Layne, Monique) (Entered: 08/24/2012)
09/04/2012 260 RESPONSE in Support re 243 MOTION to Suppress [Newly Disclosed Subpoenaed Spongetech Backup Hard Drive] (Attachments: # 1 Affidavit in Support [Of Defendant's Motion to Suppress the Newly Disclosed Subpoenaed Spongetech Back-Up Hard Drive]) (Fritz, Maranda) (Entered: 09/04/2012)
09/04/2012 ORDER TO SHOW CAUSE as to Michael Metter - Show Cause Response due by 9/5/2012 by 5:00 p.m. - The court very generously granted both parties extensions of the briefing deadlines. Defendant's reply memorandum was due August 31, 2012, at defense counsel's own request. Instead, the reply memorandum was filed LATE, on September 4, 2012, and it is more than ten pages and contains a 58-page exhibit. Accordingly, defense counsel shall show cause by letter NO MORE THAN THREE PAGES LONG AND NO LATER THAN SEPTEMBER 5, 2012 BY 5:00 P.M., WHY THIS REPLY SHOULD NOT BE REJECTED BY THE COURT AND STRIKEN. The court has previously admonished counsel about missing filing deadlines. SO ORDERED Ordered by Judge Dora Lizette Irizarry on 9/4/2012. (Irizarry, Dora) (Entered: 09/04/2012)
09/05/2012 261 RESPONSE TO ORDER TO SHOW CAUSE by Michael Metter as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois (Fritz, Maranda) (Entered: 09/05/2012)
09/06/2012 262 Interoffice Memorandum to Judge Irizarry from Pretrial Services as to Seymour Eisenberg - advising of violation of release conditions. (Carosella, Christy) (Entered: 09/06/2012)
09/06/2012 ORDER as to Michael Metter - In connection with tomorrow's court appearance, the court will hold oral arguments on the 3500/discovery motion only. No hearing will be held. However, the court does not preclude the possibility that a hearing may be necessary once oral argument on the motion has been heard. SO ORDERED by Judge Dora Lizette Irizarry on 9/6/2012. (Irizarry, Dora) (Entered: 09/06/2012)
09/07/2012 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Motion Hearing as to Michael Metter held on 9/7/2012. Appearances: AUSA James Gatta (firewall team); Retained defense attorney Maranda Fritz for defendant (present/bond). Defense request for 3500 relating to codefendants (except Moskowitz) denied without prejudice at this time. Court will inspect USAO privileged documents in camera. Counsel will confer as to transcripts of recordings (advise court as to any disputes). Any documents submitted under seal shall be provided to courtroom deputy in digital form; hard copies to chambers. Counsel shall confer and advise by joint letter - under seal - as to when materials will be submitted to chambers (Firewall 3500, privilege log, govt declarations; internal memos). Other materials will be provided on a rolling basis. Court requests one hard copy of prosecution 3500 material (to be delivered to chambers). Three internal memos provided to the Court today for in camera inspection. (Court Reporter Anthony Frisolone.) (Carosella, Christy) (Entered: 09/11/2012)
09/10/2012 263 Letter re: Discovery as to Michael Metter (Reilly, Nathan) (Entered: 09/10/2012)
09/12/2012 264 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, Thomas Cavanagh, Frank Nicolois held on June 29, 2011, before Judge Irizarry. Court Reporter/Transcriber Ronald E. Tolkin, Official Court Reporter, Telephone number 718-613-2647. Email address: [e-mail]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/3/2012. Redacted Transcript Deadline set for 10/15/2012. Release of Transcript Restriction set for 12/11/2012. (Tolkin, Ronald) (Entered: 09/12/2012)
09/12/2012 ORDER as to Seymour Eisenberg re 262 Interoffice Memorandum/Email ---- No action necessary; however, defendant shall be reminded by Pretrial Services that future violations may result in revocation of bond and remand. So Ordered by Judge Dora Lizette Irizarry on 9/12/2012. (Carosella, Christy) (Entered: 09/12/2012)
09/14/2012 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Motion Hearing as to Michael Metter held on 9/14/2012 re 243 MOTION to Suppress [Newly Disclosed Subpoenaed Spongetech Backup Hard Drive] filed by Michael Metter ----- Appearances: AUSAs Patrick Sinclair, Ilene Jaroslaw, and Nathan Reilly; Retained defense attorney Maranda Fritz for defendant (present/bond). Oral argument heard. Ms. Fritz notes two recent hard drive disclosures noted in government's letter of 9/10/12; the Court incorporates this into suppression motion that is currently pending. Court requests government provide it with a copy of the SEC database document, mentioned on the record by Mr. Sinclair. Additional briefing needed as detailed on the record: Government's submission due November 19, 2012; defendant's submission due December 19, 2012. For the reasons stated on the record, decision on this suppression motion is held in abeyance until such time as the Second Circuit renders a decision on the government's interlocutory appeal of the Court's order granting suppression. Further status conference set for January 14, 2013 at 10:00 AM in courtroom 4 A South before Judge Irizarry. Time excluded until Jan. 14, 2013 due to motion practice.(Court Reporter Anthony Mancuso.) (Carosella, Christy) (Entered: 09/14/2012)
09/17/2012 Motions terminated, docketed incorrectly as to Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois: 243 MOTION to Suppress [Newly Disclosed Subpoenaed Spongetech Backup Hard Drive] filed by Michael Metter. (Carosella, Christy) (Entered: 09/17/2012)
09/26/2012 265 Letter by AUSA James Gatta (firewall team) as to Michael Metter schedule for disclosures and motion. (Carosella, Christy) (Entered: 09/26/2012)
10/02/2012 ORDER as to Michael Metter re 265 Sealed Letter ---- The parties shall adhere to the following schedules: FIREWALL COUNSEL - Government draft transcripts of Metter recordings, affidavits of firewall and prosecution teams, and privilege log shall be produced to the Court and defense counsel by October 12, 2012. In addition, the Government will supply, for the Court's in camera review, copies of any documents on the privilege log. DEFENDANT'S ANTICIPATED MOTION - Defendant's motion shall be filed within 30 days of receipt of any materials the Court reviewed in camera and determined should be produced to the defendant; the Government's opposition shall be filed 14 days thereafter; defendant's reply shall be filed within 7 days of government's opposition filing. SO ORDERED by Judge Dora Lizette Irizarry on 10/2/2012. (Carosella, Christy) (Entered: 10/02/2012)
10/09/2012 268 Letter [of Request to Travel] as to Michael Metter (Fritz, Maranda) (Entered: 10/09/2012)
10/09/2012 269 MOTION for Extension of Time to File Re: Schedule for Discovery Motion by USA (by firewall counsel James Gatta) as to Michael Metter. (Carosella, Christy) Modified on 10/10/2012 (Carosella, Christy). (Entered: 10/10/2012)
10/09/2012 277 ORDER granting 269 Motion for Extension of Time to File as to Michael Metter (1). Signed by Judge Dora Lizette Irizarry on 10/9/2012. (Carosella, Christy) (Entered: 10/11/2012)
10/10/2012 ORDER as to Michael Metter re 268 Letter - The request is denied without prejudice. Counsel shall file an amended request noting the position taken by Pretrial Services. So Ordered by Judge Dora Lizette Irizarry on 10/10/2012. (Carosella, Christy) (Entered: 10/10/2012)
10/10/2012 270 Letter [for Permission to Travel] as to Michael Metter (Fritz, Maranda) (Entered: 10/10/2012)
10/10/2012 271 Letter re Additional Discovery as to Michael Metter (Reilly, Nathan) (Entered: 10/10/2012)
10/11/2012 272 Certificate of Service by USA as to Frank Nicolois As requested deposit made on 01/17/12. (Morris, Brian) (Entered: 10/11/2012)
10/11/2012 273 Certificate of Service by USA as to Frank Nicolois As requested, check deposited on 1/25/12. (Morris, Brian) (Entered: 10/11/2012)
10/11/2012 274 Certificate of Service by USA as to Frank Nicolois As requested, funds deposited on 06/07/12. (Morris, Brian) (Entered: 10/11/2012)
10/11/2012 275 Certificate of Service by USA as to Frank Nicolois As requested, funds deposited on 08/13/12. (Morris, Brian) (Entered: 10/11/2012)
10/11/2012 276 Certificate of Service by USA as to Thomas Cavanagh As requested, funds deposited on 08/13/12. (Morris, Brian) (Entered: 10/11/2012)
10/11/2012 ORDER as to Michael Metter re 270 Letter - The request is granted. Defendant must provide his full itinerary and contact information to Pretrial Services in advance of travel. So Ordered by Judge Dora Lizette Irizarry on 10/11/2012. (Carosella, Christy) (Entered: 10/11/2012)
10/12/2012 ORDER as to Michael Metter ---- The Court previously scheduled oral argument on the "Moskowitz" motion (AUSA James Gatta, firewall counsel, addressing this matter) for November 9, 2012. The parties are hereby advised that oral argument on this motion is adjourned sine die. The adjournment is necessary given the fluid nature of the current briefing schedule and the need for the court to inspect 3500 material in camera. Currently, a status conference is scheduled for January 4, 2013 and time has been excluded due to motion practice (both the suppression and Moskowitz motions).So Ordered by Judge Dora Lizette Irizarry on 10/12/2012. (Carosella, Christy) (Entered: 10/12/2012)
10/15/2012 279 RESPONSE to Motion re 243 MOTION to Suppress [Newly Disclosed Subpoenaed Spongetech Backup Hard Drive] (Attachments: # 1 Proposed Order) (Reilly, Nathan) (Entered: 10/15/2012)
10/16/2012 ORDER as to Michael Metter --- All counsel are reminded that when filing documents via ECF, they should take care to check only the defendant(s) to whom the document relates. Any questions concerning this directive are referred to my courtroom deputy or the Clerk's Office. So Ordered by Judge Dora Lizette Irizarry on 10/16/2012. (Irizarry, Dora) (Entered: 10/16/2012)
10/16/2012 281 MOTION to Continue / extension of discovery schedule by USA as to Michael Metter. (Carosella, Christy) (Entered: 10/16/2012)
10/17/2012 ORDER granting 281 Motion to Continue (extension of discovery schedule) as to Michael Metter (1). Signed by Judge Dora Lizette Irizarry on 10/16/2012. (Carosella, Christy) (Entered: 10/17/2012)
10/23/2012 ORDER as to Michael Metter re 279 Response to Motion - The Court will address the government's request for an order (see proposed order attached to doc. 279) will be addressed at a status conference to be held on October 26, 2012 at 2:30 PM in courtroom 4 A South. So Ordered by Judge Dora Lizette Irizarry on 10/23/2012. (Carosella, Christy) (Entered: 10/23/2012)
10/25/2012 ORDER as to Michael Metter --- Due to exigent circumstances, the status conference to address the government's proposed order (attached to reply to "hard drive" motion) is adjourned to October 30, 2012 at 11:00 AM in courtroom 4 A South. So Ordered by Judge Dora Lizette Irizarry on 10/25/2012. (Carosella, Christy) (Entered: 10/25/2012)
11/07/2012 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Status Conference as to Michael Metter held on 11/7/2012. Appearances: AUSA Patrick Sinclair (prosecution team); Maranda Fritz (retained) for defendant Michael Metter (present/bond). Discussion held re govt's proposed order. Govt to submit amended proposed order. Parties engaged in plea negotiations; offer not yet extended. Next status conference set for January 14, 2013 at 10:00 AM in courtroom 4 A South before Judge Irizarry. Time excluded due to motion practice. (Court Reporter Allan Sherman.) (Carosella, Christy) (Entered: 11/08/2012)
11/07/2012 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Status Conference as to Michael Metter held on 11/7/2012. Appearances: AUSA James Gatta (firewall team); Maranda Fritz (retained) for defendant Michael Metter (present/bond). 3500 material discussed - govt details what has been provided to the Court so far; will provide additional Moskowitz 3500 by November 30, 2012. Further status conference set for January 14, 2013 at 11:00 AM in courtroom 4 A South before Judge Irizarry. Time excluded in this case due to motion practice. (Court Reporter Allan Sherman.) (Carosella, Christy) (Entered: 11/08/2012)
11/08/2012 282 Letter regarding Proposed Order for Tabush Drive and Trustee Drives as to Michael Metter, Steven Moskowitz, Andrew Tepfer, Seymour Eisenberg, George Speranza, Thomas Cavanagh, Frank Nicolois (Attachments: # 1 Proposed Order) (Sinclair, Patrick) (Entered: 11/08/2012)
11/21/2012 283 Joint MOTION to Continue to Briefing Schedules by USA as to Michael Metter. (Reilly, Nathan) (Entered: 11/21/2012)
11/25/2012 ORDER finding as moot 243 Motion to Suppress as to Michael Metter (1); granting 283 Motion to Continue as to Michael Metter (1) - The parties' joint motion that all pending motions be terminated is granted in light of the fact that the parties apparently have reached a disposition of this matter. In light of the fact that the plea agreement will require the court's approval pursuant to Fed. Crim. Pro. Rule 11(c)1(C), the termination of the motions as moot, is without prejudice to reinstate should the court not approve of the plea agreement. In addition, NO LATER THAN JANUARY 7, 2013, the government shall provide the court, in writing, with the facts and circumstances justifying the terms of the plea agreement and explaining why the court should approve of the agreement. The court wants to consider such facts and circumstances prior to the January 14, 2013 status conference/disposition date. Time was previously excluded until January 14, 2013. Given that the parties are continuing the plea negotiation process, time will continue to be excluded until January 14, 2013 in the interest of justice. SO ORDERED by Judge Dora Lizette Irizarry on 11/25/2012. (Irizarry, Dora) (Entered: 11/25/2012)
11/26/2012 ORDER TO CONTINUE - Ends of Justice as to Michael Metter - Time excluded from Nov. 26, 2012 until Jan. 14, 2013. So Ordered by Judge Dora Lizette Irizarry on 11/26/2012. (Carosella, Christy) (Entered: 11/26/2012)
01/08/2013 284 Letter regarding proposed plea pursuant to Federal Rule 11(c)(1)(C) as to Michael Metter (Sinclair, Patrick) (Entered: 01/08/2013)
01/14/2013 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Status Conference as to Michael Metter held on 1/14/2013. Appearances: Firewall AUSA James Gatta; Maranda Fritz (retained) for Michael Metter. This matter is adjourned sine die pending resolution of this case by guilty plea. All motions terminated without prejudice to reinstating if the Court does not accept the defendant's guilty plea. (Court Reporter Anthony Mancuso.) (Carosella, Christy) (Entered: 01/14/2013)
01/14/2013 285 WAIVER OF INDICTMENT by Michael Metter. (Layne, Monique) (Main Document 285 replaced on 1/16/2013) (Layne, Monique). (Entered: 01/15/2013)
01/14/2013 286 SUPERSEDING INFORMATION (S-2) as to Michael Metter (1) count(s) 1ss. (Layne, Monique) (Additional attachment(s) added on 1/15/2013: # 1 Criminal Information Sheet) (Layne, Monique). (Entered: 01/15/2013)
01/14/2013 287 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Plea Agreement Hearing as to Michael Metter held on 1/14/2013. AUSA P. Sinclair. M. Fritz, Esq. ret for deft. Plea entered by Michael Metter (1) GUILTY to Count 1ss of SS-Information. Probation Dept to disclose Presentence Report by 3/11/2013). Deft cont'd on bond. (Court Reporter A. Mancuso) (Layne, Monique) (Entered: 01/15/2013)
03/07/2013 ORDER as to Seymour Eisenberg ----- The Probation Department shall disclose the presentence report on or before June 6, 2013. Sentencing is set for August 5, 2013 at 10:00 AM in courtroom 4 A South. So Ordered by Judge Dora Lizette Irizarry on 3/7/2013. (Carosella, Christy) (Entered: 03/07/2013)
03/07/2013 ORDER as to Andrew Tepfer ----- The Probation Department shall disclose the presentence report on or before June 6, 2013. Sentencing is set for August 5, 2013 at 2:00 PM in courtroom 4 A South. So Ordered by Judge Dora Lizette Irizarry on 3/7/2013. (Carosella, Christy) (Entered: 03/07/2013)
03/18/2013 295 Letter In Response to Presentence Investigation Report as to Michael Metter (Fritz, Maranda) (Entered: 03/18/2013)
03/19/2013 ORDER as to Michael Metter: Based on the court's review of the presentence report prepared in this case, the government's reasons for extending a plea offer under Fed. R. Crim. P. 11(c)(1)(C), and defendant's guilty plea allocution before me on January 14, 2013, the court accepts defendants plea of guilty to the one count of the superseding information (S-2). The Court finds (1) the defendant understood his constitutional rights and the consequences of pleading guilty; (2) the defendant knowingly and voluntarily waived his constitutional rights by pleading guilty; and (3) there is a factual basis for the plea. Accordingly, the Court hereby accepts the defendant's plea of guilty to the one count of the superseding information. A separate order will be entered setting forth a schedule for sentencing. SO ORDERED by Judge Dora Lizette Irizarry on 3/19/2013. (Carosella, Christy) (Entered: 03/19/2013)
03/25/2013 Terminated deadline (3/11/13 - objections/submissions re PSR). (Carosella, Christy) (Entered: 03/25/2013)
03/26/2013 296 MANDATE of USCA (certified copy) as to Michael Metter re 231 Subsequent Notice of Appeal - Final Judgment, 229 Notice of Appeal - Interlocutory. The stipulation filed by the parties in this case withdrawing this appeal pursuant to FRAP 42 it hereby "So Ordered." Mandate issued on 3/26. 13. (Manuel, Germaine) (Entered: 03/26/2013)
03/27/2013 297 Letter regarding Court of Appeals mandate and request for sentencing date as to Michael Metter (Sinclair, Patrick) (Entered: 03/27/2013)
03/28/2013 ORDER as to Michael Metter re 297 Letter ----- The request is granted. Sentencing is scheduled for April 25, 2013 at 10:00 AM in courtroom 4 A South. Counsel are directed to my Standard Requirements for Criminal Cases (available on the EDNY website) for procedures and deadlines for submission of objections to the PSR and other sentencing memoranda and/or motions. Questions concerning these requirements are directed to the courtroom deputy. So Ordered by Judge Dora Lizette Irizarry on 3/28/2013. (Carosella, Christy) (Entered: 03/28/2013)
04/10/2013 299 Probation 12A Memorandum as to George Speranza. (Carosella, Christy) (Entered: 04/10/2013)
04/11/2013 ELECTRONIC ORDER as to George Speranza re 299 Prob 12A: At the recommendation of probation, the Court does not require any action be taken at this time concerning defendant's noncompliance. However, the Court directs the Probation Department to submit a status report no later than July 11, 2013. So Ordered by Judge Dora Lizette Irizarry on 4/11/2013. (Carosella, Christy) (Entered: 04/11/2013)
04/15/2013 300 Letter to Judge Irizarry in relation to the sentencing of Michael Metter, scheduled for April 25, 2013 as to Michael Metter (Fritz, Maranda) (Entered: 04/15/2013)
04/19/2013 301 STATUS REPORT by Pretrial Services as to Michael Metter in anticipation of sentencing. (Carosella, Christy) (Entered: 04/19/2013)
04/19/2013 302 Letter regarding sentencing as to Michael Metter (Sinclair, Patrick) (Entered: 04/19/2013)
04/25/2013 Minute Entry for proceedings held before Judge Dora Lizette Irizarry: Sentencing held on 4/25/2013 for Michael Metter (1). Appearances: AUSA Patrick Sinclair; Sr. UPSO Patricia Sullivan; Retained defense attorney Maranda Fritz for defendant (present/bond). Defendant sentenced on Count 1ss of Superseding Information to 5 YEARS PROBATION WITH SPECIAL CONDITIONS (see judgment). NO FINE. NO RESTITUTION. $100 SPECIAL ASSESSMENT. All open counts and underlying indictments dismissed. Appeal waived. Bail exonerated. Defendant permitted to travel within tristate area (NY, NJ, CT) and Massachusetts; must advise probation in advance of travel. Transfer of supervision to District of CT approved; this court will maintain jurisdiction. (Court Reporter Marsha Diamond.) (Carosella, Christy) (Entered: 04/25/2013)
04/26/2013 304 JUDGMENT as to Michael Metter. So Ordered by Judge Dora Lizette Irizarry on 4/25/2013. (Carosella, Christy) (Entered: 04/26/2013)
05/14/2013 306 Letter regarding $26,739 being held pursuant to asset freeze as to Michael Metter (Sinclair, Patrick) (Entered: 05/14/2013)
05/22/2013 307 Letter to Judge Irizarry from Leo I. Unger, Ph.D. in support of Andrew Tepfer. (Carosella, Christy) (Entered: 05/22/2013)
05/24/2013 308 Character reference Letter dtd. 5/20/13 from Rabbi Yoel Schonfeld to Judge Irizarry, as to deft Seymour Eisenberg. (Returned to chmbrs'). (Layne, Monique) (Entered: 05/24/2013)
06/06/2013 309 Interoffice Memorandum dated May 31, 2013 from U.S. Probation Officer Shayna Bryant to Judge Irizarry enclosing character letter from wife of defendant Andrew Tepfer. (Carosella, Christy) (Entered: 06/06/2013)
06/11/2013 NOTICE as to Seymour Eisenberg: The presentence report was prepared by U.S. Probation Officer John L. Lanigan on June 6, 2013. Please note that sentencing is scheduled for August 5, 2013 at 10:00 AM in courtroom 4A South before Judge Irizarry. Counsel are directed to Judge Irizarry's Standard Requirements for Criminal Cases (available on the EDNY website) for procedures and deadlines for submission of objections to the PSR and other sentencing memoranda and/or motions. If there are no objections to the PSR, counsel must so advise the Probation Department and the Court in writing. A written response to any objections submitted is required from opposing counsel. Questions concerning these requirements are directed to the courtroom deputy. (Carosella, Christy) (Entered: 06/11/2013)
06/11/2013 NOTICE as to Andrew Tepfer: The presentence report was prepared by U.S. Probation Officer Shayna Bryant on June 6, 2013. Please note that sentencing is scheduled for August 5, 2013 at 2:00 PM in courtroom 4A South before Judge Irizarry. Counsel are directed to Judge Irizarry's Standard Requirements for Criminal Cases (available on the EDNY website) for procedures and deadlines for submission of objections to the PSR and other sentencing memoranda and/or motions. If there are no objections to the PSR, counsel must so advise the Probation Department and the Court in writing. A written response to any objections submitted is required from opposing counsel. Questions concerning these requirements are directed to the courtroom deputy. (Carosella, Christy) (Entered: 06/11/2013)