U.S. v Beetham Docket

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TERMINATED

U.S. District CourtDistrict of Oregon (Portland)

CRIMINAL DOCKET FOR CASE #: 3:09-cr-00235-BR-1

Case title: USA v. Beetham et al Date Filed: 06/16/2009Date Terminated: 08/26/2010

Assigned to: Judge Anna J. Brown

Defendant (1)Dennis Beetham TERMINATED: 08/26/2010

represented by Janet Lee Hoffman Janet Hoffman & Associates LLC 1000 S.W. Broadway Suite 1500 Portland, OR 97205 (503) 222-1125 Fax: (503) 222-7529 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Sarah J. Adams Janet Hoffman & Associates 1000 S.W. Broadway Suite 1500 Portland, OR 97205 (503)222-1125 Fax: (503)222-7589 Email: [email protected] ATTORNEY TO BE NOTICED Designation: Retained

Pending Counts DispositionNone

Highest Offense Level (Opening)None

Terminated Counts DispositionKNOWING VIOLATION OF LAWS & REGULATIONS RELATED TO

IT IS HEREBY ORDERED AND ADJUDGED that the Indictment filed on

DISPOSAL OF HAZARDOUS WASTE - DISPOSAL OF PLF WASTE IN CINDER CONE(1)

June 17, 2009, in this matter be dismissed as to all defendants with prejudice signed by Judge Anna J. Brown.

KNOWING VIOLATION OF LAWS & REGULATIONS RELATED TO DISPOSAL OF HAZARDOUS WASTE - DISPOSAL OF NITRIC ACID WASTE IN CINDER CONE(2)

IT IS HEREBY ORDERED AND ADJUDGED that the Indictment filed on June 17, 2009, in this matter be dismissed as to all defendants with prejudice signed by Judge Anna J. Brown.

KNOWING VIOLATION OF LAWS & REGULATIONS RELATED TO DISPOSAL OF HAZARDOUS WASTE - STORAGE OF PLF WASTE IN CONTAMINATED MACHINERY PARTS(3)


KNOWING VIOLATION OF LAWS & REGULATIONS RELATED TO DISPOSAL OF HAZARDOUS WASTE - STORAGE OF PLF WASTE IN TANKS(4)


Highest Offense Level (Terminated)Felony

Complaints DispositionNone

Movant Stahancyk, Kent & Hook PC TERMINATED: 08/26/2010

represented by Kenneth Goodin ATTORNEY TO BE NOTICED

Movant Kathy Woeck TERMINATED: 08/26/2010

represented by Kenneth Goodin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Movant Ball Janik LLP TERMINATED: 08/26/2010

represented by Richard H. Allan Ball Janik, LLP 101 SW Main Street Suite 1100 Portland, OR 97204 503 228-2525 x276 Fax: 503 295-1058 Email: [email protected] LEAD ATTORNEY

ATTORNEY TO BE NOTICED

PlaintiffUSA represented by Daina Arija Vitolins

Crook County District Attorney Crook County Courthouse 300 N.E. Third Prineville, OR 97754 (541) 447-4158 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

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: [email protected] TERMINATED: 03/01/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

J. Ron Sutcliffe Department of Justice Washington Group Plaza IV 800 Park Blvd, Suite 600 Boise, ID 83712 (208) 334-9124 Fax: (208) 334-1413 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle Holman Kerin U.S. Attorney's Office 1000 SW Third Avenue, Suite 600 Portland, OR 97204 (503) 727-1178 Fax: (503) 727-1117 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

06/16/2009 1 Sealed Indictment as to Dennis Beetham (Deft #1) and D.B. Western, Inc. (Deft #2) for 42 USC 6928(d)(2)(A) & 18 USC 2 - KNOWING VIOLATION OF LAWS & REGULATIONS RELATED TO DISPOSAL OF HAZARDOUS WASTE, specifically count 1 - DISPOSAL OF PLF WASTE IN CINDER CONE; count 2 - DISPOSAL

OF NITRIC ACID WASTE IN CINDER CONE; count 3 - STORAGE OF PLF WASTE IN CONTAMINATED MACHINERY PARTS; and count 4 - STORAGE OF PLF WASTE IN TANKS. (mkk) (Entered: 06/17/2009)

06/18/2009 2 Notice of Case Assignment to Judge Ancer L. Haggerty. (mkk) (Entered: 06/18/2009)

07/21/2009 3 Scheduling Order by Magistrate Judge Paul Papak: At the request of the Government, a 1st Appearance/Arraignment/Detention Hearing as to Defendants Dennis Beetham and D.B. Western, Inc. is set for 8/6/2009 at 1:30PM in Portland before the duty magistrate. (gm) (Entered: 07/21/2009)

08/06/2009 4 Motion to Unseal Indictment filed by USA as to Defendant Dennis Beetham and D.B. Western, Inc.. (mkk) (Entered: 08/06/2009)

08/06/2009 5 ORDER TO UNSEAL INDICTMENT:Granting 4 Motion to Unseal Case as to Dennis Beetham (1) and D.B. Western, Inc. (2). Signed 8/5/09 by Magistrate Judge John V. Acosta. (mkk) (Entered: 08/06/2009)

08/06/2009 6 Minutes of Proceedings:First Appearance before Magistrate Judge John V. Acosta as to Dennis Beetham (Deft #1) and D.B. Western, Inc. (Deft #2) held on 8/6/2009. Arraignment held on counts as to Dennis Beetham (1) Counts 1,2,3,4 and D.B. Western, Inc. (2) Counts 1,2,3,4. Defendants to proceed as named in the Indictment. Defendants waived reading of the Indictment. Defendants advised of rights. Not guilty pleas entered. Order Defendants appearing with retained counsel Janet Hoffman and Sarah Adams. Detention Hearing held Dennis Beetham (1) and D.B. Western, Inc. (2) Defendants Location-Custody status is: Released on conditions. (See separate order). 10-Day Jury Trial is set for 10/6/2009 at 09:00AM in Judge Haggerty's Courtroom before Judge Ancer L. Haggerty.ORDER: Defendant will be requesting of Judge Haggerty a Status Conference to set new discovery deadlines and designating this case as a complex case.Counsel Present for Plaintiff: Dwight Holton and Daina Vitolins.Counsel Present for Defendants: Janet Hoffman and Sarah Adams.(Court Reporter FTR/Paul Gale)Courtroom Deputy: Paul Gale. (mkk) (Entered: 08/10/2009)

08/07/2009 7 Order Setting Conditions of Release as to Defendant Dennis Beetham.Signed 8/6/09 by Magistrate Judge John V. Acosta. (mkk) (Entered: 08/10/2009)

08/11/2009 8 Notice of Case Reassignment: Case reassigned from Judge Ancer L. Haggerty to Judge Anna J. Brown. (eo) (Entered: 08/11/2009)

08/11/2009 9 Scheduling Order by Judge Ancer L. Haggerty as to Dennis Beetham, D.B. Western, Inc. Order resetting the 10 day Jury Trial currently set for 10/6/2009 at 9:00AM from Judge Haggerty's calendar to Judge Anna Brown's calendar as this case has been reassigned to Judge Brown. (jlr) (Entered: 08/11/2009)

08/18/2009 10 Notice by USA as to Dennis Beetham, D.B. Western, Inc. J. Ron Sutcliffe Appearing as Senior Trial Attorney (Holton, Dwight) (Entered:

08/18/2009)

08/24/2009 11 Scheduling Order by Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Status Conference is set for 9/4/2009 at 10:30AM before Judge Anna J. Brown. (sm) (Entered: 08/24/2009)

09/03/2009 12 Unopposed Motion for Hearing Complex Case Designation Oral Argument requested. by Defendant Dennis Beetham, D.B. Western, Inc.. (Hoffman, Janet) (Entered: 09/03/2009)

09/04/2009 13 Minutes of Proceedings:Scheduling Conference before Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Case is designated COMPLEX. Case Management schedule set. Jury Trial (3-weeks) is set for 9/21/2010 at 09:00AM before Judge Anna J. Brown. Pretrial Conference is set for 9/9/2010 at 09:00AM before Judge Anna J. Brown. Next Status Conference is set for 10/2/2009 at 08:30AM before Judge Anna J. Brown. Status Report due by Noon, 9/30/2009. See Minute Order for other case management dates and deadlines.Counsel Present for Plaintiff: Dwight Holton, Daina Vitolins.Counsel Present for Defendant: Janet Hoffman, Sarah Adams.(Court Reporter Amanda LeGore) (sm) (Entered: 09/04/2009)

09/23/2009 14 Scheduling Order by Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Daubert Hearing (3-days) set for 2/17/2009 is RESET for 2/23/2010 at 09:00AM before Judge Anna J. Brown. (sm) (Entered: 09/23/2009)

09/29/2009 15 Status Report filed by USA as to Dennis Beetham, D.B. Western, Inc. (Holton, Dwight) (Entered: 09/29/2009)

10/02/2009 16 Minutes of Proceedings:Status Conference before Judge Anna J. Brown as to Dennis Beetham and D.B. Western, Inc. Further Status Conference is set for 11/18/2009 at 08:30AM in Chambers before Judge Anna J. Brown. Status Report due by Noon, 11/16/2009.Counsel Present for Plaintiff: Dwight Holton.Counsel Present for Defendant: Janet Hoffman, Sarah Adams.(Court Reporter Amanda LeGore) (sm) (Entered: 10/02/2009)

11/06/2009 17 Minutes of Proceedings:Telephone Conference before Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. The Court acknowledges receipt of a Joint Statement of Calendering Issue submitted (but not filed) by Defendants. The Court determines no conflict currently exists and the parties are invited to raise this issue at a future time if an actual conflict arises.Counsel Present for Plaintiff: Dwight Holton.Counsel Present for Defendant: Janet Hoffman, Sarah Adams.(Court Reporter Not Reported) (sm) (Entered: 11/06/2009)

11/16/2009 18 Joint Status Report filed by USA as to Dennis Beetham, D.B. Western, Inc. (Holton, Dwight) (Entered: 11/16/2009)

11/18/2009 19 Minutes of Proceedings:Status Conference before Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Further Status Conference is set for 12/23/2009 at 08:30AM in Chambers before Judge Anna J. Brown. Status Report is due by Noon, 12/21/2009. Counsel Present for Plaintiff:

Dwight Holton.Counsel Present for Defendant: Janet Hoffman, Sarah Adams.(Court Reporter Amanda LeGore) (sm) (Entered: 11/18/2009)

12/02/2009 20 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference as to Defendant Dennis Beetham, D.B. Western, Inc. for date of September 4, 2009 before Judge Anna J. Brown, Court Reporter Amanda LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber 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 12/14/2009. Redaction Request due 12/28/2009. Redacted Transcript Deadline set for 1/5/2010. Release of Transcript Restriction set for 3/5/2010. (LeGore, Amanda) (Entered: 12/02/2009)

12/15/2009 21 Scheduling Order by Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Status Conference set for 12/23/2009 is RESET for 12/22/2009 in Courtroom 14A at 09:00AM before Judge Anna J. Brown. Counsel wishing to participate by telephone should contact the Courtroom Deputy for instructions. (sm) (Entered: 12/15/2009)

12/21/2009 22 Status Report filed by USA as to Dennis Beetham, D.B. Western, Inc. (Holton, Dwight) (Entered: 12/21/2009)

12/22/2009 23 Minutes of Proceedings:Status Conference before Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Joint Statement on discovery issues due 1/15/2010; Status Conference is set for 1/21/2010 at 08:30 AM in Chambers before Judge Anna J. Brown if necessary. Joint Status report due 1/27/2010; Status Conference is set for 1/29/2010 at 08:30 AM in Chambers before Judge Anna J. Brown. Defendant's Daubert motions due 02/16/2010; responses due 03/05/2010; hearing previously set for 02/23/2010 is rescheduled to 03/22/2010 (2 days) at 9:00 am. All other pretrial deadlines remain as previously set. Counsel Present for Plaintiff: Dwight Holton, Daina Vitolins, Ronald Sutcliffe.Counsel Present for Defendant: Janet Hoffman, Shannon Rearden.(Court Reporter Amanda LeGore) (bb) (Entered: 12/22/2009)

01/15/2010 24 Joint Status Report by Dennis Beetham, D.B. Western, Inc. Discovery Status (Hoffman, Janet) (Entered: 01/15/2010)

01/19/2010 25 Scheduling Order by Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Status Conference is rescheduled for 1/21/2010 at 08:45 AM before Judge Anna J. Brown. (bb) (Entered: 01/19/2010)

01/21/2010 26 Minutes of Proceedings:Status Conference before Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Status Report re: current statement of the discovery requested and not provided and its status due 01/27/2010 by noon. Status Conference for 1/29/2010 at 8:30 am remains scheduled. Counsel Present for Plaintiff: Dwight Holton.Counsel Present for Defendant: Janet Hoffman, Shannon Riordan, Sarah Adams.(Court Reporter Amanda LeGore) (bb) (Entered: 01/21/2010)

01/27/2010 27 Motion to Compel Production of Expert Discovery Oral Argument requested. by Defendant Dennis Beetham, D.B. Western, Inc.. (Hoffman,

Janet) (Entered: 01/27/2010)

01/27/2010 28 Memorandum in Support of Motion by Dennis Beetham, D.B. Western, Inc. regarding Motion to Compel 27 filed by Defendant Dennis Beetham, Defendant D.B. Western, Inc. Production of Expert Discovery (Hoffman, Janet) (Entered: 01/27/2010)

01/29/2010 29 Minutes of Proceedings:Status Conference before Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Government's Response to Motion to Compel 27 due 02/05/2010. Oral Argument on Motion to Compel 27 is SET for 2/10/2010 at 09:00 AM before Judge Anna J. Brown. Status Report due 02/05/2010 describing any other discovery dispute issues that need to be resoled on 02/10/2010. Counsel Present for Plaintiff: J. Ronald Sutcliffe, Dwight Holton.Counsel Present for Defendant: Janet Hoffman, Shannon Riordan and Sarah Adams.(Court Reporter Amanda LeGore) (bb) (Entered: 01/29/2010)

01/29/2010 30 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference as to Defendant Dennis Beetham, D.B. Western, Inc. for date of January 21, 2010 before Judge Anna J. Brown, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber 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 2/8/2010. Redaction Request due 2/22/2010. Redacted Transcript Deadline set for 3/4/2010. Release of Transcript Restriction set for 5/3/2010. (LeGore, Amanda) (Entered: 01/29/2010)

02/05/2010 31 Response to Motion by USA as to Dennis Beetham, D.B. Western, Inc. regarding Motion to Compel 27 filed by Defendant Dennis Beetham, Defendant D.B. Western, Inc. (Holton, Dwight) (Entered: 02/05/2010)

02/05/2010 32 Joint Motion for Leave to File Reply by Defendant Dennis Beetham, D.B. Western, Inc.. (Hoffman, Janet) (Entered: 02/05/2010)

02/05/2010 33 Joint Status Report by Dennis Beetham, D.B. Western, Inc. and Request for Daubert Setover (Hoffman, Janet) (Entered: 02/05/2010)

02/08/2010 34 ORDER by Judge Anna J. Brown. Granting Defendants' Joint Motion for Leave to File Reply as to Dennis Beetham (1), D.B. Western, Inc. (2). Reply due 02/09/2010 by NOON. (bb) (Entered: 02/08/2010)

02/09/2010 35 Reply to Response to Motion by Dennis Beetham, D.B. Western, Inc. regarding Motion to Compel 27 (Hoffman, Janet) (Entered: 02/09/2010)

02/10/2010 36 Minutes of Proceedings: Hearing on Defendants' Motion to Compel 27 before Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Court GRANTED in part as stated on the record. Government shall disclose to defendants each expert opinion the Government intends to offer and the bases for the opinion by 03/15/2010. Daubert Motions due 04/05/2010, Response due 04/19/010. Daubert Hearing previously set for 03/22/2010 is VACATED and RESET for 5/6/2010 at 09:00AM before Judge Anna J. Brown. Motions to Dismiss due 05/07/2010, Response due

05/21/2010, Hearing is still set for 06/10/2010 at 9:00 am. Defendants to sign a written waiver of appearance for today's hearing. Counsel Present for Plaintiff: J. Ronald Sutfliffe, Dwight Holton.Counsel Present for Defendant: Sara Adams, Jane Hoffman, Shannon Riordan.(Court Reporter Amanda LeGore) (bb) (Entered: 02/10/2010)

02/16/2010 37 Waiver of Appearance by Dennis Beetham, D.B. Western, Inc. at February 10, 2010 Motions Hearing (Hoffman, Janet) (Entered: 02/16/2010)

03/01/2010 38 Notice of Attorney Substitution: Attorney Michelle Holman Kerin added for Plaintiff USA regarding Defendant Dennis Beetham, D.B. Western, Inc. in place and stead of Attorney Dwight C. Holton. (Kerin, Michelle) (Entered: 03/01/2010)

03/09/2010 39 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument as to Defendant Dennis Beetham, D.B. Western, Inc. for date of February 10, 2010 before Judge Anna J. Brown, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber 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 3/19/2010. Redaction Request due 4/2/2010. Redacted Transcript Deadline set for 4/12/2010. Release of Transcript Restriction set for 6/10/2010. (LeGore, Amanda) (Entered: 03/09/2010)

03/15/2010 40 Motion for Extension of Time For Revised Expert Disclosures and Other Court Dates filed by USA as to Defendant Dennis Beetham, D.B. Western, Inc.. (Kerin, Michelle) (Entered: 03/15/2010)

03/15/2010 41 Declaration by Michelle Holman Kerin regarding Motion for Extension of Time For Revised Expert Disclosures and Other Court Dates 40 filed by Plaintiff USA (Kerin, Michelle) (Entered: 03/15/2010)

03/18/2010 42 Scheduling Order as to Dennis Beetham, D.B. Western, Inc. by Judge Anna J. Brown. Status Conference is set for 3/19/2010 at 02:30 PM before Judge Anna J. Brown to discuss Motion for Extension of Time For Revised Expert Disclosures and Other Court Dates 40 . (bb) (Entered: 03/18/2010)

03/19/2010 43 Minutes of Proceedings: Status Conference before Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Court Granted Government's Unopposed Motion 40 to Extend Deadline for Revised Expert Disclosures and Other Court Dates. Government's Revised Expert Disclosures due 03/25/2010; Defendants' deadline for filing Daubert Motions due 04/12/2010; Government's Response to Motions due 04/19/2010. Hearing on Daubert Motions remains as set for 05/06/2010.Counsel Present for Plaintiff: Michelle Kerin, J. Ronald Sutcliffe (telephonically).Counsel Present for Defendant: Janet Hoffman, Shannon Riordan.(Court Reporter Amanda LeGore) (bb) (Entered: 03/19/2010)

04/12/2010 44 Motion for Authorization to Issue Rule 17(c) Subpoenas Duces Tecum Oral Argument requested. by Defendant Dennis Beetham, D.B. Western,

Inc.. (Hoffman, Janet) (Entered: 04/12/2010)

04/12/2010 45 Memorandum in Support of Motion by Dennis Beetham, D.B. Western, Inc. regarding Motion for Authorization to 44 filed by Defendant Dennis Beetham, Defendant D.B. Western, Inc. (Attachments: # 1 Exhibit Exhibits 1-6, # 2 Exhibit Exhibit 7, # 3 Exhibit Exhibits 8-13) (Hoffman, Janet) (Entered: 04/12/2010)

04/12/2010 46 Motion in Limine to Exclude Expert Testimony Oral Argument requested. by Defendant Dennis Beetham, D.B. Western, Inc.. (Hoffman, Janet) (Entered: 04/12/2010)

04/12/2010 47 Memorandum in Support of Motion by Dennis Beetham, D.B. Western, Inc. regarding Motion in Limine 46 filed by Defendant Dennis Beetham, Defendant D.B. Western, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11) (Hoffman, Janet) (Entered: 04/12/2010)

04/13/2010 48 Scheduling Order by Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Status Conference is set for 4/14/2010 at 03:30 PM before Judge Anna J. Brown. (bb) (Entered: 04/13/2010)

04/14/2010 49 Minutes of Proceedings: Status Conference before Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Next Status Conference is SET for 4/29/2010 at 01:30 PM before Judge Anna J. Brown. Counsel to file a Joint Status Report no later than 4/27/2010 by NOON. Counsel Present for Plaintiff: Michelle Kerin, J. Ronald Sutcliffe (telephonic).Counsel Present for Defendant: Sara Adams, Shannon Riordan, Janet Hoffman (telephonic).(Court Reporter Amanda LeGore) (bb) (Entered: 04/14/2010)

04/19/2010 50 Response to Motion by USA as to Dennis Beetham, D.B. Western, Inc. regarding Motion in Limine 46 filed by Defendant Dennis Beetham, Defendant D.B. Western, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Kerin, Michelle) (Entered: 04/19/2010)

04/22/2010 51 Notice as to Dennis Beetham, D.B. Western, Inc. Intent to Call Experts (Hoffman, Janet) (Entered: 04/22/2010)

04/23/2010 52 Response to Motion by USA as to Dennis Beetham, D.B. Western, Inc. regarding Motion for Authorization 44 filed by Defendant Dennis Beetham, Defendant D.B. Western, Inc. (Attachments: # 1 Attachment) (Kerin, Michelle) (Entered: 04/23/2010)

04/27/2010 53 Joint Status Report by Dennis Beetham, D.B. Western, Inc. and Request for Setover (Hoffman, Janet) (Entered: 04/27/2010)

04/29/2010 54 Minutes of Proceedings: Status Conference held. Court heard re: Joint Status Report 53 and Request to Setover. Hearing on Motions to Suppress RESET for 09/21/2010. Motions to be filed no later than 08/10/2010; Government oppositions to defendants' motions due 08/31/2010. Jury Trial (3 wks) RESET for 03/21/2011. Pretrial Conference RESET for 03/14/2011 at 9:00 am. Pretrial Documents due 02/23/2011 by NOON.

Pursuant to 18 U.S.C. § 3161(h)(7)(A), the Court finds the ends of justice outweigh the best interests of the public and the defendant in a speedy trial because the failure to grant the continuance is likely to result in a miscarriage of justice (§3161(h)(7)(B)(i)) and likely would deny defendant's counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence (§ 3161(h)(7)(B)(iv)). The time from 09/21/2010 to 03/21/2011 shall be excluded.Counsel Present for Plaintiff: Michelle Kerin, J. Ronald Sutcliffe.Counsel Present for Defendant: Janet Hoffman, Shannon Riordan.(Court Reporter Amanda LeGore) (bb) (Entered: 04/30/2010)

05/06/2010 56 Minutes of Proceedings: Oral Argument on Defendant's Motion 46 in Limine to Exclude Expert Testimony. Evidence taken. Hearing continued to 05/07/2010 at 9:00 am. Counsel Present for Plaintiff: Michelle Kerin, J. Ronald Sutcliffe, Daina Vitolins.Counsel Present for Defendant: Janet Hoffman, Sara Adams, Shannon Riordan.(Court Reporter Amanda LeGore) (bb) (Entered: 05/07/2010)

05/07/2010 55 Reply to Response to Motion by Dennis Beetham, D.B. Western, Inc. regarding Motion for Authorization to 44 (Hoffman, Janet) (Entered: 05/07/2010)

05/07/2010 57 Minutes of Proceedings:Court received evidence concerning Defendants' Motion 46 in Limine to Exclude Expert Testimony. Concluding further proceedings are necessary to develop the record sufficiently to resolve Defendants' Motion, the Court directed Defendants' counsel to provide expert witness statements to government counsel and the Court by 05/26/2010 to the extent Defendants wish the Court to consider their experts' views as it assess the Dubert challenges to the analysis of the government's expert witnesses. Counsel to file a Joint Status Report no later than 6/8/10 outlining all other substantive motions still to be filed and what additional proceedings the parties propose to complete the record as to Motion #46. Counsel also to confer and to include in the Joint Status Report whether the scope of the Motion 44 for Authorization to issue Rule 17(c) Subpoena Duces Tecum can be narrowed. Counsel also to submit no later than 6/8/10 a Proposed Jury Instruction re: the definition of what is proscribed by U122 listing. Status conference set for 06/15/2010 at 2:00 pm before Judge Anna J. Brown.Counsel Present for Plaintiff: Michelle Kerin, J. Ronald Sutcliffe, Daina Vitolins.Counsel Present for Defendant: Janet Hoffman, Shannon Riordan, Sara Adams.(Court Reporter Dennis Apodaca) (bb) (bb) (Entered: 05/11/2010)

05/19/2010 58 Motion for Extension of Time to Produce Expert Reports by Defendant Dennis Beetham, D.B. Western, Inc.. (Hoffman, Janet) (Entered: 05/19/2010)

05/20/2010 59 Scheduling Order as to Dennis Beetham, D.B. Western, Inc. by Judge Anna J. Brown. Defendants' Motion for Extension of Time to Produce Expert Reports 58 is GRANTED. The deadline is extended to June 2, 2010. All dates previously ordered by the Court remain in effect. (sm) (Entered: 05/20/2010)

05/27/2010 60 Unopposed Motion for Extension of Time to Produce Expert Reports and File Joint Status Report by Defendant Dennis Beetham, D.B. Western,

Inc.. (Hoffman, Janet) (Entered: 05/27/2010)

05/28/2010 61 ORDER by Judge Anna J. Brown. Granting Defendants' Unopposed Motion 60 for Extension of Time to Produce Expert Reports and File Joint Status Report as to Dennis Beetham (1), D.B. Western, Inc. (2). Defendants' Daubert Rebuttal Expert Reports due 06/09/2010; Joint Status Report due 06/11/2010 by NOON. Status Conference remains set for 06/15/2010 at 2:00 pm. (bb) (Entered: 05/28/2010)

06/04/2010 62 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Daubert Hearing, Volume 1 as to Defendant Dennis Beetham, D.B. Western, Inc. for date of May 6, 2010 before Judge Anna J. Brown, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber 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 6/14/2010. Redaction Request due 6/28/2010. Redacted Transcript Deadline set for 7/8/2010. Release of Transcript Restriction set for 9/7/2010. (LeGore, Amanda) (Entered: 06/04/2010)

06/08/2010 63 Minute Order by Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. The Court directs that the joint proposed Status Report due 6/11/10 shall be filed no later than 10:00 a.m. on 6/11/2010. (bb) (Entered: 06/08/2010)

06/11/2010 64 Joint Status Report by Dennis Beetham, D.B. Western, Inc. (Attachments: # 1 Exhibit 2, # 2 Exhibit 1) (Hoffman, Janet) (Entered: 06/11/2010)

06/15/2010 65 Notice of Change of Address entered by Janet Lee Hoffman as to Dennis Beetham, D.B. Western, Inc. (Hoffman, Janet) (Entered: 06/15/2010)

06/15/2010 66 Minutes of Proceedings: Status Conferenc held before Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Court DENIED as moot Defendants' Motion 44 for Authorization to Issue Rule 17(c) Subpoenas Duces Tecum. Counsel to exchange with each other proposed jury instructions re: U122 no later than 06/25/2010. Counsel to submit to the Court their Memorandum re: respective position as to the proposed jury instruction re: U122 by 07/09/2010. Court advised counsel of proposed dates for a continuation of the Daubert hearing. Counsel to confer and to advise the courtroom deputy. Counsel Present for Plaintiff: Michelle Kerin, Daina Vitolins, J. Ronald Sutcliffe (telephonic).Counsel Present for Defendant: Janet Hoffman, Sarah Adams, Shannon Riordan.(Court Reporter Bonita Shumway) (bb) (Entered: 06/16/2010)

06/18/2010 67 Unopposed Motion for Authorization to Issue Subpoenas Duces Tecum Oral Argument requested. by Defendant Dennis Beetham, D.B. Western, Inc.. (Hoffman, Janet) (Entered: 06/18/2010)

06/18/2010 68 Memorandum in Support of Motion by Dennis Beetham, D.B. Western, Inc. regarding Unopposed Motion for Authorization to Issue Subpoenas Duces Tecum 67 filed by Defendant Dennis Beetham, Defendant D.B. Western, Inc. (Attachments: # 1 Exhibit Exhibits 1 - 13) (Hoffman, Janet) (Entered: 06/18/2010)

06/24/2010 69 Scheduling Order by Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Continued Daubert Hearing is SET for 7/22/2010 at 01:00 PM and 08/06/2010 at 9:00 am before Judge Anna J. Brown. (bb) (Entered: 06/24/2010)

06/30/2010 70 Scheduling Order by Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Status Conference on Defendant's Unopposed Rule 17(c) Motion for Issuance of Subpoenas Duces Tecum is SET for 7/1/2010 at 02:30 PM before Judge Anna J. Brown. (bb) (Entered: 06/30/2010)

07/01/2010 71 Minutes of Proceedings: Court GRANTS Defendants' Unopposed Rule 17(c) Motion for Issuance of Subpoenas Duces Tecum. Counsel to submit Order to the Court. Materials to be produced to the chambers of Judge Anna J. Brown no later than 07/30/2010 by NOON. Counsel Present for Plaintiff: Michelle Kerin.Counsel Present for Defendant: Janet Hoffman.(Court Reporter Amanda LeGore) (bb) (Entered: 07/02/2010)

07/07/2010 72 ORDER: Granting 67 Defendants' Unopposed Rule 17(c) Motion for Issuance of Subpoenas Duces Tecum as to Defendants Dennis Beetham (1) and D.B. Western, Inc. (2); (See 3-page Order for full text); by Judge Anna J. Brown; signed on 7/7/10. (kw) (Entered: 07/07/2010)

07/08/2010 73 Unopposed Motion for Extension of Time to Wednesday, July 14, 2010 filed by USA as to Defendant Dennis Beetham, D.B. Western, Inc.. (Kerin, Michelle) (Entered: 07/08/2010)

07/09/2010 74 ORDER by Judge Anna J. Brown. Granting Government's Unoppposed Motion 73 for Extension of Time to Extend Deadline to Brief Proposed Jury Instruction as to Dennis Beetham (1), D.B. Western, Inc. (2). Legal Briefing regarding proposed jury instruction due 07/14/2010. (bb) (Entered: 07/09/2010)

07/14/2010 75 Memorandum in Support Proposed Jury Instructions by Dennis Beetham, D.B. Western, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, C) (Hoffman, Janet) (Entered: 07/14/2010)

07/14/2010 76 Memorandum in Support of Motion by USA as to Dennis Beetham, D.B. Western, Inc. Its Proposed RCRA Jury Instructions (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) (Kerin, Michelle) (Entered: 07/14/2010)

07/15/2010 77 Motion for Extension of Time to File Supplemental Daubert Briefs filed by USA as to Defendant Dennis Beetham, D.B. Western, Inc.. (Kerin, Michelle) (Entered: 07/15/2010)

07/15/2010 78 ORDER by Judge Anna J. Brown. Granting Government's Unopposed Motion 77 to Extend Deadline to File Supplemental Daubert Briefs as to Dennis Beetham (1), D.B. Western, Inc. (2). Supplemental Brief is due by 7/30/2010. (bb) (Entered: 07/15/2010)

07/21/2010 79 Waiver of of Appearance at 7/22/10, hearing by defendantDennis Beetham (schm) (Entered: 07/21/2010)

07/22/2010 80 Minutes of Proceedings: Continued argument heard on Defendants' Motion 46 in Limine to Exclude Expert Testimony. Oral Argument continued to 08/06/2010 at 9:00 am before Judge Anna J. Brown.Counsel Present for Plaintiff: Michelle Kerin, Daina Vitolins, J. Ronald Sutcliffe.Counsel Present for Defendant: Janet Hoffman, Sarah Adams.(Court Reporter Amanda LeGore) (bb) (Entered: 07/26/2010)

07/29/2010 81 Joint Status Report filed by Dennis Beetham as to Dennis Beetham, D.B. Western, Inc. re Defendants' Subpoenas (Hoffman, Janet) (Entered: 07/29/2010)

07/30/2010 82 Exhibits by Dennis Beetham, D.B. Western, Inc. (Menikoff, Carrie) (Entered: 07/30/2010)

07/30/2010 83 Minute Order by Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. The Court has completed its consideration of the July 29, 2010, Joint Status Report 81 of the parties in which an extension of time is requested for subpoenaed third-parties to make their return or to move to quash or otherwise to respond to recently served subpoenas. The Court hereby extends that deadline from July 30, 2010, to August 13, 2010. The Court also acknowledges receipt of a message from counsel requesting that continued proceedings scheduled for August 6, 2010, concerning Defendants' pending Daubert Motions 46 be postponed to allow time for the government to consider how it may choose to proceed in light of the Daubert issues developed to date. Although the Court agrees it is unwise to proceed with the Daubert hearing until the government has had some additional time to evaluate these matters, and, accordingly, the Court relieves the parties from preparing to continue the Daubert hearing on August 6, the Court nonetheless concludes it will be helpful to conduct a status hearing at the August 6 setting originally planned for the Daubert proceeding. Accordingly, the Court will conduct a status conference with the parties on August 6, 2010, at 9:00 a.m. and expects at that hearing to set a new schedule for the timely resolution of this matter. To assist the Court in that effort, the Court requests the parties to file no later than Noon on August 5, 2010, a joint proposal for further handling. (bb) (Entered: 07/30/2010)

08/05/2010 84 Joint Status Report filed by USA as to Dennis Beetham, D.B. Western, Inc. (Kerin, Michelle) (Entered: 08/05/2010)

08/06/2010 85 Minutes of Proceedings: Status Conference before Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Furter Status Conference is SET for 8/23/2010 at 03:00 PM before Judge Anna J. Brown. Counsel to file a Joint Status Report by 08/19/2010. Hearing on Defendant's Motion to Suppress set for 09/21/2010 is STRICKEN. All other dates and deadlines remain as previously set.Counsel Present for Plaintiff: Michelle Kerin, Daina Vitolins, J. Ronald Sutcliffe.Counsel Present for Defendant: Janet Hoffman, Sarah Adams.(Court Reporter Amanda LeGore) (bb) (Entered: 08/06/2010)

08/09/2010 86 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motions Hearing as to Defendant Dennis Beetham, D.B. Western, Inc. for date of July 22, 2010 before Judge Anna J. Brown, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be

viewed at Court's public terminal or purchased from the Court Reporter/Transcriber 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 8/19/2010. Redaction Request due 9/2/2010. Redacted Transcript Deadline set for 9/13/2010. Release of Transcript Restriction set for 11/11/2010. (LeGore, Amanda) (Entered: 08/09/2010)

08/12/2010 87 Motion to Quash Subpoena Directed to Dorsey and Whitney LLP filed by Dorsey and Whitney LLP as to Defendants Dennis Beetham and D.B. Western, Inc.. (kw) (Entered: 08/16/2010)

08/13/2010 88 Response to Defendant's Subpoena Duces Tecum filed by Stahancyk, Kent & Hook PC as to Dennis Beetham, D.B. Western, Inc. (schm) (Entered: 08/16/2010)

08/13/2010 89 Motion to Quash Subpoena Duces Tecum to Movant and for Protective Order filed by Stahancyk, Kent & Hook PC as to Defendant Dennis Beetham, D.B. Western, Inc. (schm) (Entered: 08/16/2010)

08/13/2010 90 Memorandum in Support of Movant's Motion to Quash Subpoena Duces Tecum to Movant and for Protective Order 89 by Stahancyk, Kent & Hook PC as to Dennis Beetham, D.B. Western, Inc. filed by Stahancyk, Kent & Hook PC (schm) (Entered: 08/16/2010)

08/13/2010 91 Response to Defendant's Subpoena Duces Tecum filed by Kathy Woeck as to Dennis Beetham, D.B. Western, Inc. (schm) (Entered: 08/16/2010)

08/13/2010 92 Motion to Quash Subpoena Duces Tecum to Movant and for Protective Order filed by Kathy Woeck, (Movant) as to Defendant Dennis Beetham, D.B. Western, Inc.. (schm) (Entered: 08/16/2010)

08/13/2010 93 Memorandum in Support of Motion to Quash 92 by Kathy Woeck as to Dennis Beetham, D.B. Western, Inc. filed by Kathy Woeck (schm) (Entered: 08/16/2010)

08/13/2010 94 Response to Defendant's Subpoena filed by Ball Janik LLP as to Dennis Beetham, D.B. Western, Inc. (schm) (Entered: 08/16/2010)

08/13/2010 95 Movant Ball Janik LLP'S Motion to Quash Subpoena to Movant filed by Ball Janik LLP as to Defendant Dennis Beetham, D.B. Western, Inc.. (schm) (Entered: 08/16/2010)

08/13/2010 96 Movant Ball Janik LLP'S Motion for Protective Order filed by Ball Janik LLP as to Defendant Dennis Beetham, D.B. Western, Inc.. (schm) (Entered: 08/16/2010)

08/13/2010 97 Memorandum in Support of Motion to Quash Subpoena 95 and Motion for Protective Order 96 by Ball Janik LLP as to Dennis Beetham, D.B. Western, Inc. (schm) (Entered: 08/16/2010)

08/16/2010 98 Declaration by of Peter Ehrlichman regarding Motion to Quash 87 filed by Dorsey and Whitney LLP (Ehrlichman, Peter) (Entered: 08/16/2010)

08/19/2010 99 Unopposed Motion to Dismiss Indictment filed by USA as to Defendant Dennis Beetham, D.B. Western, Inc.. (Kerin, Michelle) (Entered: 08/19/2010)

08/19/2010 100 Scheduling Order by Judge Anna J. Brown as to Dennis Beetham, D.B. Western, Inc. Status Conference set for 8/23/2010 is STRICKEN. (sm) (Entered: 08/19/2010)

08/26/2010 101 ORDER Granting 99 Motion to Dismiss Indictment as to D.B. Western, Inc, (1), Dennis Beetham, (2) by Judge Anna J. Brown signed on 8/25/10. (schm) (Entered: 08/30/2010)

09/17/2010 102 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference as to Defendant Dennis Beetham, D.B. Western, Inc. for date of August 6, 2010 before Judge Anna J. Brown, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber 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 9/27/2010. Redaction Request due 10/12/2010. Redacted Transcript Deadline set for 10/21/2010. Release of Transcript Restriction set for 12/20/2010. (LeGore, Amanda) (Entered: 09/17/2010)

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