USA v. Binday et al


New York Southern District Court (nysd)

Docket Number: 1:12-cr-00152
Pacer Case Number: 392072

Date filed: 2012-02-15
Date terminated: None entered
Date last filing: None entered

Document List

This docket is unofficial and may be incomplete or out-of-date. The official docket is available on PACER (fees may apply). For more information, click here
1.0 SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1...
SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2, 3, 5, Sealed Defendant 2 (2) count(s) 1, 2, 3, 4, Sealed Defendant 3 (3) count(s) 1, 2, 3, 4. (jm) (Entered: 02/16/2012)
Date filed in court 02/15/2012
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2.0 Order to Unseal Indictment as to Sealed Defendant 1, Seal...
Order to Unseal Indictment as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/16/12)(jm) (Entered: 02/16/2012)
Date filed in court 02/16/2012
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6.0 NOTICE OF ATTORNEY APPEARANCE: Janeanne Murray appearing ...
NOTICE OF ATTORNEY APPEARANCE: Janeanne Murray appearing for Mark Resnick. (Murray, Janeanne) (Entered: 02/16/2012)
Date filed in court 02/16/2012
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7.0 ADVICE OF PENALTIES AND SANCTIONS as to Michael Binday. D...
ADVICE OF PENALTIES AND SANCTIONS as to Michael Binday. Defendant released. (ja) (Entered: 02/21/2012)
Date filed in court 02/16/2012
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8.0 ADVICE OF PENALTIES AND SANCTIONS as to James Kevin Kergi...
ADVICE OF PENALTIES AND SANCTIONS as to James Kevin Kergil. Defendant released. (ja) (Entered: 02/21/2012)
Date filed in court 02/16/2012
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9.0 NOTICE OF ATTORNEY APPEARANCE: Valerie Anne Koffman appea...
NOTICE OF ATTORNEY APPEARANCE: Valerie Anne Koffman appearing for Michael Binday. (ja) (Entered: 02/22/2012)
Date filed in court 02/16/2012
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10.0 Arrest Warrant Returned Executed on 2/17/2012 as to Micha...
Arrest Warrant Returned Executed on 2/17/2012 as to Michael Binday. (ab) (Entered: 02/27/2012)
Date filed in court 02/16/2012
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11.0 Arrest Warrant Returned Executed on 2/16/2012 as to James...
Arrest Warrant Returned Executed on 2/16/2012 as to James Kevin Kergil. (ab) (Entered: 02/27/2012)
Date filed in court 02/17/2012
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12.0 Rule 5(c)(3) Documents Received as to Mark Resnick from t...
Rule 5(c)(3) Documents Received as to Mark Resnick from the United States District Court - Middle District of Florida (Orlando). (ja) (Entered: 02/27/2012)
Date filed in court 02/27/2012
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13.0 PRB Bond Entered as to James Kevin Kergil in amount of $ ...
PRB Bond Entered as to James Kevin Kergil in amount of $ 500,000. The defendant must submit to supervision by and report for supervision to the PSA for regular pretrial supervision. Deft to submit urine sample-within 24 hours; surrender any passport to PSA (& No new applications); not obtain a passport or other international travel document; abide by the following restrictions on personal association, residence, or travel: Travel restricted to SDNY, EDNY; Co-signed by 2 financially responsible persons: Deft to be released on own signature; remaining conditions to be met by 2/23/12. (jw) (Entered: 02/29/2012)
Date filed in court 02/29/2012
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14.0 PRB Appearance Bond Entered as to Michael Binday in amoun...
PRB Appearance Bond Entered as to Michael Binday in amount of $750,000.00. The defendant must submit to supervisor by and report for supervision to the PSA for regular pretrial supervision. Telephone or web reporting. surrender any passport to PSA (& no new applications. Not obtain a passport or other international travel document. Travel restricted to SDNY, EDNY, District of Connecticut, District of New Jersey. Bond to be co-signed by 2 financially responsible persons. Defendant to be released on own signature. Remaining conditions to be met by 2/23/2012. (dnd) (Entered: 03/01/2012)
Date filed in court 02/16/2012
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15.0 PROTECTIVE ORDER as to Michael Binday, James Kevin Kergil...
PROTECTIVE ORDER as to Michael Binday, James Kevin Kergil, Mark Resnick...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Colleen McMahon on 3/5/2012)(ja) (Entered: 03/06/2012)
Date filed in court 03/06/2012
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16.0 TRANSCRIPT of Proceedings as to Michael Binday, James Kev...
TRANSCRIPT of Proceedings as to Michael Binday, James Kevin Kergil, Mark Resnick held on February 28, 2012 @ 12:45 pm before Judge Colleen McMahon. (eef) (Entered: 03/06/2012)
Date filed in court 03/05/2012
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17.0 Arrest Warrant Returned Executed on 2/16/2012 as to (12-C...
Arrest Warrant Returned Executed on 2/16/2012 as to (12-Cr-152-03) Mark Resnick. (bw) (Entered: 03/14/2012)
Date filed in court 02/16/2012
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18.0 NOTICE OF ATTORNEY APPEARANCE: Matthew J. Gaul appearing ...
NOTICE OF ATTORNEY APPEARANCE: Matthew J. Gaul appearing for Michael Binday. (Gaul, Matthew) (Entered: 03/15/2012)
Date filed in court 03/15/2012
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19.0 NOTICE OF ATTORNEY APPEARANCE: Michael Campion Miller app...
NOTICE OF ATTORNEY APPEARANCE: Michael Campion Miller appearing for Michael Binday. (Miller, Michael) (Entered: 03/15/2012)
Date filed in court 03/15/2012
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20.0 Letter by Michael Binday, James Kevin Kergil, Mark Resnic...
Letter by Michael Binday, James Kevin Kergil, Mark Resnick addressed to Judge Colleen McMahon, from Zachary Feingold/Justina L. Geraci, AUSAs, dated 3/22/2012, re: The Government requests a conference to address MAR Group's refusal to produce documents in response to a grand jury subpoena duces tecum, dated December 22, 2011 (the "Subpoena"), related to the underlying investigation in this matter.... (ja) (Entered: 03/27/2012)
Date filed in court 03/27/2012
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21.0 ENDORSED LETTER as to Mark Resnick addressed to Judge Col...
ENDORSED LETTER as to Mark Resnick addressed to Judge Colleen McMahon, from JaneAnne Murray, atty for Mr. Resnick, dated 3/23/2012, re: On behalf of my clients Mark Resnick and MAR Group, Inc. a company of which Mr. Resnick is the sole shareholder, to move to quash the subpoena served on MAR Group on December 23, 2011 (the "Subpoena"), in light of the government's position, communicated to me on March 21, 2012, that it remains operative despite the return of the indictment on February 15, 2012.... -- Judge endorsed: "MAR Group's motion to quash is denied. MAR Group is to comply with the subpoena forthwith. (Signed by Judge Colleen McMahon on 3/27/2012)(ja) (Entered: 03/27/2012)
Date filed in court 03/27/2012
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22.0 ENDORSED LETTER as to Michael Binday addressed to Judge C...
ENDORSED LETTER as to Michael Binday addressed to Judge Colleen McMahon from Matthew J. Gaul dated 4/12/12 re: We write to request that the Court modify the travel restrictions placed on Mr. Binday pending trial. Mr. Binday is permitted to travel to Massachusetts for a friend's birthday party on the weekendof May 5. Mr. Binday will inform pretrial services of his exact travel schedule and check in with pretrial services as directed. Mr. Binday is permitted to travel to upstate New York and/or Pennsylvania for summer family trips. Mr. Binday must obtain the approval of pretrial services before each trip and check in with pretrial services as directed. Mr. Binday is permitted to travel to Virginia and to states between New York and Virginia for a friend's wedding and family vacation on and around Labor Day weekend. Mr. Binday will inform pretrial services of his exact travel schedule and check in with pretrial services as directed....ENDORSEMENT...OK. (Signed by Judge Colleen McMahon on 4/18/12)(jw) (Entered: 04/18/2012)
Date filed in court 04/18/2012
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23.0 TRANSCRIPT of Proceedings as to Michael Binday, James Kev...
TRANSCRIPT of Proceedings as to Michael Binday, James Kevin Kergil, Mark Resnick held on 6/13/2012, 12:15 p.m. before Judge Colleen McMahon. (rjm) (Entered: 07/11/2012)
Date filed in court 07/11/2012
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24.0 ENDORSED LETTER as to (12-Cr-152-01) Michael Binday addre...
ENDORSED LETTER as to (12-Cr-152-01) Michael Binday addressed to Judge Colleen McMahon from Attorney Matthew J. Gaul dated August 14, 2012 re: submitted to request that the Court modify the travel restrictions placed on Mr. Binday pending trial. The Government has consented to the following modification. Mr. Binday is permitted to travel to Florida in order to visit family there. Mr. Binday must obtain the approval of pretrial services before each trip and check in with pretrial services as directed. ENDORSEMENT: Granted w/govt's consent. (Signed by Judge Colleen McMahon on 8/14/2012)(bw) (Entered: 08/15/2012)
Date filed in court 08/14/2012
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25.0 PROTECTIVE ORDER as to Michael Binday, James Kevin Kergil...
PROTECTIVE ORDER as to Michael Binday, James Kevin Kergil, Mark Resnick....[See Order]... IT IS HEREBY ORDERED: 1. Photocopies, images and files of certain discovery materials reflecting proprietary information (including but not limited to life insurance underwriting manuals, underwriting guidelines, and actuarial tables) produced by the Government and/or life insurance providers in this action pursuant to Federal Rules of Criminal Procedure 16 and 17 are deemed "Proprietary Information." 2. Proprietary Information disclosed to the defendants or to their counsel during the course of proceedings in this action: (a) Shall be used by the defendants or their counsel only for purposes of this action; (b) Except as set forth in paragraphs 2(c) below, shall be kept in the sole possession of the defendants and/or the defendants' attorneys and shall not be disclosed in any form by the defendants or their counsel; (c) May be disclosed by the defendants or their counsel only to the following persons (hereinafter "designated persons"):...[See Order]... 3. The defendants and their counsel shall provide a copy of this Order to designated persons to whom they disclose Proprietary Information pursuant to paragraphs 2(c)(i), (ii), (iii), and (iv). Designated persons shall be subject to the terms of this Order. 4. The provisions of this Order shall not be construed as preventing the disclosure of any information in any motion, hearing, trial, or sentencing proceeding held in this action or to any judge or magistrate of this Court for purposes of this action. (Signed by Judge Colleen McMahon on 9/28/2012)(bw) (Entered: 09/28/2012)
Date filed in court 09/28/2012
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26.0 MOTION to Suppress Statements., MOTION to Direct the Gove...
MOTION to Suppress Statements., MOTION to Direct the Government to File a Bill of Particulars.( Return Date set for 11/15/2012 at 09:30 AM.) Document filed by James Kevin Kergil. (Felsenstein, Adam) (Entered: 10/01/2012)
Date filed in court 10/01/2012
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27.0 DECLARATION of Roger L. Stavis in Support as to James Kev...
DECLARATION of Roger L. Stavis in Support as to James Kevin Kergil re: 26 MOTION to Suppress Statements. MOTION to Direct the Government to File a Bill of Particulars.. (Felsenstein, Adam) (Entered: 10/01/2012)
Date filed in court 10/01/2012
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28.0 MEMORANDUM in Support by James Kevin Kergil re 26 MOTION ...
MEMORANDUM in Support by James Kevin Kergil re 26 MOTION to Suppress Statements. MOTION to Direct the Government to File a Bill of Particulars.. (Felsenstein, Adam) (Entered: 10/01/2012)
Date filed in court 10/01/2012
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29.0 MOTION to Dismiss Pursuant to Federal Rule of Criminal Pr...
MOTION to Dismiss Pursuant to Federal Rule of Criminal Procedure 12(B). Document filed by Michael Binday as to Michael Binday, James Kevin Kergil, Mark Resnick. (Gaul, Matthew) (Entered: 10/01/2012)
Date filed in court 10/01/2012
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30.0 MEMORANDUM in Support by Michael Binday as to Michael Bin...
MEMORANDUM in Support by Michael Binday as to Michael Binday, James Kevin Kergil, Mark Resnick re 29 MOTION to Dismiss Pursuant to Federal Rule of Criminal Procedure 12(B).. (Gaul, Matthew) (Entered: 10/01/2012)
Date filed in court 10/01/2012
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31.0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismis...
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss , in the Alternative, for Issuance of Subpoenas to Purported Insurance Company Victims Pursuant to Rule 17(C). Document filed by Michael Binday as to Michael Binday, James Kevin Kergil, Mark Resnick. (Gaul, Matthew) Modified on 10/2/2012 (ka). (Entered: 10/01/2012)
Date filed in court 10/01/2012
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32.0 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM in Su...
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM in Support by Michael Binday as to Michael Binday, James Kevin Kergil, Mark Resnick re 31 MOTION to Dismiss , in the Alternative, for Issuance of Subpoenas to Purported Insurance Company Victims Pursuant to Rule 17(C).. (Gaul, Matthew) Modified on 10/2/2012 (ka). (Entered: 10/01/2012)
Date filed in court 10/01/2012
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33.0 MOTION for Discovery in the Alternative, for Issuance of ...
MOTION for Discovery in the Alternative, for Issuance of Subpoenas to Purported Insurance Company Victims Pursuant to Rule 17(C). Document filed by Michael Binday as to Michael Binday, James Kevin Kergil, Mark Resnick. (Gaul, Matthew) (Entered: 10/01/2012)
Date filed in court 10/01/2012
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34.0 MEMORANDUM in Support by Michael Binday as to Michael Bin...
MEMORANDUM in Support by Michael Binday as to Michael Binday, James Kevin Kergil, Mark Resnick re 33 MOTION for Discovery in the Alternative, for Issuance of Subpoenas to Purported Insurance Company Victims Pursuant to Rule 17(C).. (Gaul, Matthew) (Entered: 10/01/2012)
Date filed in court 10/01/2012
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35.0 DECLARATION of Matthew J. Gaul in Support by Michael Bind...
DECLARATION of Matthew J. Gaul in Support by Michael Binday as to Michael Binday, James Kevin Kergil, Mark Resnick re: 29 MOTION to Dismiss Pursuant to Federal Rule of Criminal Procedure 12(B)., 33 MOTION for Discovery in the Alternative, for Issuance of Subpoenas to Purported Insurance Company Victims Pursuant to Rule 17(C).. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12)(Gaul, Matthew) (Entered: 10/01/2012)
Date filed in court 10/01/2012
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36.0 Certificate of Service of Notice of Motion to Dismiss, Me...
Certificate of Service of Notice of Motion to Dismiss, Memorandum of Law in Support of Motion to Dismiss, Motion for Discovery, Memorandum of Law in Support of Motion for Discovery, and Declaration of Matthew J. Gaul. by Michael Binday as to Michael Binday, James Kevin Kergil, Mark Resnick. Document was served on Zachary Feingold on 10/01/2012. (Gaul, Matthew) (Entered: 10/01/2012)
Date filed in court 10/01/2012
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37.0 MOTION to Suppress., MOTION for Release of Brady Material...
MOTION to Suppress., MOTION for Release of Brady Materials.( Return Date set for 11/15/2012 at 09:30 AM.) Document filed by Mark Resnick. (Murray, Janeanne) (Entered: 10/01/2012)
Date filed in court 10/01/2012
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38.0 DECLARATION of JaneAnne Murray in Support as to Mark Resn...
DECLARATION of JaneAnne Murray in Support as to Mark Resnick re: 37 MOTION to Suppress. MOTION for Release of Brady Materials.. (Murray, Janeanne) (Entered: 10/01/2012)
Date filed in court 10/01/2012
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39.0 MEMORANDUM in Support by Mark Resnick re 37 MOTION to Sup...
MEMORANDUM in Support by Mark Resnick re 37 MOTION to Suppress. MOTION for Release of Brady Materials.. (Murray, Janeanne) (Entered: 10/01/2012)
Date filed in court 10/01/2012
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40.0 NOTICE OF ATTORNEY APPEARANCE: Roger Lee Stavis appearing...
NOTICE OF ATTORNEY APPEARANCE: Roger Lee Stavis appearing for James Kevin Kergil. Appearance Type: Retained. (Stavis, Roger) (Entered: 10/02/2012)
Date filed in court 10/02/2012
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41.0 NOTICE OF ATTORNEY APPEARANCE Sarah Eddy McCallum appeari...
NOTICE OF ATTORNEY APPEARANCE Sarah Eddy McCallum appearing for USA. (McCallum, Sarah) (Entered: 10/03/2012)
Date filed in court 10/03/2012
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42.0 ENDORSED LETTER as to Michael Binday, James Kevin Kergil,...
ENDORSED LETTER as to Michael Binday, James Kevin Kergil, Mark Resnick addressed to Judge Colleen McMahon from Zachary Feingold and Sarah E. McCallum dated 10/9/2012 re: Reschedule Briefing as to Michael Binday, James Kevin Kergil, Mark Resnick( Motions due by 11/5/2012., Defendant Replies due by 11/12/2012.)...ENDORSEMENT...Government's request for an extension of the time to respond to defense motions is granted. The Court adopts the proposed briefing schedule. However, the Court with adjourn, the case further to December 13, for decision (and possible hearings) on the motions. (Signed by Judge Colleen McMahon on 10/10/2012)(jw) (Entered: 10/10/2012)
Date filed in court 10/10/2012
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43.0 MEMORANDUM in Opposition by USA as to Michael Binday, Jam...
MEMORANDUM in Opposition by USA as to Michael Binday, James Kevin Kergil, Mark Resnick re 29 MOTION to Dismiss Pursuant to Federal Rule of Criminal Procedure 12(B)., 33 MOTION for Discovery in the Alternative, for Issuance of Subpoenas to Purported Insurance Company Victims Pursuant to Rule 17(C)., 37 MOTION to Suppress. MOTION for Release of Brady Materials., 26 MOTION to Suppress Statements. MOTION to Direct the Government to File a Bill of Particulars.. (McCallum, Sarah) (Entered: 11/06/2012)
Date filed in court 11/06/2012
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44.0 ORDER as to Mark Resnick. ORDERED that Mark Resnick's bai...
ORDER as to Mark Resnick. ORDERED that Mark Resnick's bail conditions are modified to permit him to travel within Florida, New York, Connecticut and New Jersey (the "States") and all states between the States for the sole purpose of traveling to one of the States; it is further ORDERED that Mr. Resnick is permitted to reside in either New York or Florida, subject to appropriate notice to his assigned Pretrial Services officer. (Signed by Judge Colleen McMahon on 11/7/2012)(jw) (Entered: 11/07/2012)
Date filed in court 11/07/2012
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45.0 ENDORSED LETTER as to Michael Binday addressed to Judge C...
ENDORSED LETTER as to Michael Binday addressed to Judge Coleen McMahon from Matthew J. Gani dated 11/8/2012 re: Defense counsel writes to request a brief extension of time until November 16, 2012 to submit the defendant's reply papers for pretrial motions that are currently due November 12, 2012. ENDORSEMENT: Extension granted. (Signed by Judge Colleen McMahon on 11/8/2012)(dnd) (Entered: 11/08/2012)
Date filed in court 11/08/2012
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46.0 REPLY MEMORANDUM OF LAW in Support by James Kevin Kergil ...
REPLY MEMORANDUM OF LAW in Support by James Kevin Kergil as to Michael Binday, James Kevin Kergil, Mark Resnick re: 26 MOTION to Suppress Statements. MOTION to Direct the Government to File a Bill of Particulars.. (Stavis, Roger) (Entered: 11/16/2012)
Date filed in court 11/16/2012
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47.0 REPLY MEMORANDUM OF LAW in Support by Michael Binday as t...
REPLY MEMORANDUM OF LAW in Support by Michael Binday as to Michael Binday, James Kevin Kergil, Mark Resnick re: 29 MOTION to Dismiss Pursuant to Federal Rule of Criminal Procedure 12(B).. (Gaul, Matthew) (Entered: 11/16/2012)
Date filed in court 11/16/2012
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48.0 REPLY AFFIRMATION of Matthew J. Gaul in Support by Michae...
REPLY AFFIRMATION of Matthew J. Gaul in Support by Michael Binday as to Michael Binday, James Kevin Kergil, Mark Resnick re: 29 MOTION to Dismiss Pursuant to Federal Rule of Criminal Procedure 12(B).. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Gaul, Matthew) (Entered: 11/16/2012)
Date filed in court 11/16/2012
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49.0 REPLY MEMORANDUM OF LAW in Support by Michael Binday as t...
REPLY MEMORANDUM OF LAW in Support by Michael Binday as to Michael Binday, James Kevin Kergil, Mark Resnick re: 33 MOTION for Discovery in the Alternative, for Issuance of Subpoenas to Purported Insurance Company Victims Pursuant to Rule 17(C).. (Gaul, Matthew) (Entered: 11/16/2012)
Date filed in court 11/16/2012
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50.0 REPLY MEMORANDUM OF LAW in Support as to Mark Resnick re:...
REPLY MEMORANDUM OF LAW in Support as to Mark Resnick re: 37 MOTION to Suppress. MOTION for Release of Brady Materials.. (Murray, Janeanne) (Entered: 11/17/2012)
Date filed in court 11/16/2012
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51.0 ORDER and Order as to Michael Binday, James Kevin Kergil,...
ORDER and Order as to Michael Binday, James Kevin Kergil, Mark Resnick. Defendants Michael Binday, James Kergil and Mark Resnick are each charged in theinstant indictment with conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 1349 (Count One), mail fraud in violation of Title 18, United States Code, Section 1341 (Count Two), and wire fraud in violation of Title 18, United States Code, Section 1343 (Count Three). The indictment also charges Kergil and Resnick with conspiracy to destroy records and obstruct justice, in violation of Title 18, United States Code, Section 1512(k) (Count Four), and Binday with obstruction of justice, in violation of Title 18, United States Code, Sections 1512(c) and 2 (Count Five).Defendant Binday has filed a motion asking the Court to dismiss all of the charges against him, or in the alternative, for permission to serve wide ranging pretrial third-party subpoenas pursuant to Federal Rule of Criminal Procedure 17(c). Defendant Kergil and Resnick move to suppress evidence of statements they made on recorded telephone calls before they were indicted. Kergil also asks the Court to order the Government to provide him with a bill ofparticulars, and Resnick asks that the Government be required to provide early disclosure of Brady and Giglio material. Defendants each ask that to the extent that a motion filed by any defendant was relevant to a non-moving defendant's case they be permitted to join in their co-defendants motions. Indeed, the Court has considered all defense motions as to all defendants.The Government opposes all of the defendants' motions except Binday's motion todismiss Count Five (the obstruction count against Binday). Indeed, the Government concedes that the obstruction charged in Count Five must be dismissed based on the Supreme Court's decision in United States v. Aguilar, 515 U.S. 593 {1995).1. Accordingly, Count Five is dismissed... The Government represents that it recognizes its obligations under Brady v. Maryland,373 U.S. 83 (1963) and is not aware of any undisclosed Brady material, but will tum over any Brady materials it uncovers in a timely fashion. (Govt. Memo at 41 ). The Court accepts the Government's representation, but reminds the Government that "timeliness" with respect to Brady disclosure means immediate disclosure upon discovery. Given the relative complexity of this case, the Government shall provide defendants with all impeachment and Jencks Act material one month prior to trial. The Government shall provide 404(b) notice one month prior to trial. All in limine or 404(b) motion - by either the Government or the defendant - must be filed three weeks prior to trial, with opposition papers due two weeks prior to trial. The Court will rule on the motions at the final pretrial conference. The Government will provide defendant with a list of the witnesses it intends to call, the Friday before the trial week those witnesses are scheduled to testify. Should defendants elect tocall witnesses, defendants will reciprocate by providing the Government with similar notice of the witnesses to be called. Proposed voir dire questions and all request-to-charge are to be submitted prior to the final pre-trial conference. (Signed by Judge Colleen McMahon on 12/10/2012)(dnd) (Entered: 12/10/2012)
Date filed in court 12/10/2012
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52.0 NOTICE OF ATTORNEY APPEARANCE: Andrew McCutcheon Lankler ...
NOTICE OF ATTORNEY APPEARANCE: Andrew McCutcheon Lankler appearing for Michael Binday. Appearance Type: Retained. (Lankler, Andrew) (Entered: 02/13/2013)
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53.0 ENDORSED LETTER as to Michael Binday, James Kevin Kergil,...
ENDORSED LETTER as to Michael Binday, James Kevin Kergil, Mark Resnick addressed to Judge Colleen McMahon from AUSAs Sarah E. McCallum/Zachary Feingold, dated February 6, 2013 re: The Government requests that the Court (1) memorialize any exclusions of time under the Speedy Trial Act, 18 U.S.C. Section 3161(h)(7), and the reasons underlying any such exclusion, from December 10, 2012 to the date through which the Court intended to exclude time if it so intend; and/or (2) issue an order excluding time from the date of this letter until the date that trial in this matter is set to begin. ENDORSEMENT: Time was to be excluded from Dec. 10, 2012 (when the Court decided defense motions) to through April 8, 2013 (the trial date) in the interest of justice, on consent of the parties. (Signed by Judge Colleen McMahon on 2/13/2013)(bw) (Entered: 02/13/2013)
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54.0 Letter by USA as to Michael Binday, James Kevin Kergil, M...
Letter by USA as to Michael Binday, James Kevin Kergil, Mark Resnick addressed to Judge Colleen McMahon from Sarah E. McCallum and Zachary Feingold dated 2/6/2013 re: The Government writes to respectfully request that the Court memorialize any exclusion of time under the Speedy Trial Act, 18 U.S.C. ยง 3161(h)(7), and the reasons underlying any such exclusion, from December 10, 2012 to the date through which the Court intended to exclude time if it did so intend; and/or (2) issue an order excluding time from the date of this letter until the date that trial in this matter is set to begin. (jw) (Entered: 02/14/2013)
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55.0 Letter by USA as to Michael Binday, James Kevin Kergil, M...
Letter by USA as to Michael Binday, James Kevin Kergil, Mark Resnick addressed to Judge Colleen McMahon from Sarah E. McCallum and Zachary Feingold dated 2/12/2013 re: The Government writes in response to the defendants' February 8, 2013 letter concerning certain trial subpoenas that the Government has issued in this matter. With respect to the defendants remaining "targeted" requests the Government expects that the subject insurers may take positions opposing these requests and that more information would be needed to assess whether the requests meet the criteria for issuance of pretrial subpoenas. (jw) (Entered: 02/14/2013)
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56.0 Letter by Michael Binday, James Kevin Kergil, Mark Resnic...
Letter by Michael Binday, James Kevin Kergil, Mark Resnick addressed to Judge Colleen McMahon from Roger L. Stavis dated 2/8/2013 re: This firm represents James Kevin Kergil in the above-referenced case. We write on behalf of Mr. Kergil and his co-defendants seeking appropriate relief regarding the Government's lack of progress in obtaining documents that this Court and the parties all agree are critical to preparing for trial on April 8th. We therefore move this Court for the following relief: Grant Defendants permission to serve their own Rule 17( c) subpoenae with requests identical to those in the Government trial subpoenae, so that Defendants can take over thediscovery process from the Government and deal directly with the insurance companies. Set February 28, 2012 as the deadline for production of documents responsive to all subpoenae. Order that the Government may not introduce evidence at trial concerning any purported insurance company victim that is not specifically referred to in the indictment and has not completed its production in response to the subpoenae by February 28, 2012. (jw) (Entered: 02/14/2013)
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57.0 MOTION to Preclude. Document filed by USA as to Michael B...
MOTION to Preclude. Document filed by USA as to Michael Binday, James Kevin Kergil, Mark Resnick. (Feingold, Zachary) (Entered: 02/15/2013)
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58.0 MEMORANDUM in Opposition by Michael Binday as to Michael ...
MEMORANDUM in Opposition by Michael Binday as to Michael Binday, James Kevin Kergil, Mark Resnick re 57 MOTION to Preclude.. Evidence Regarding Insurers Other Than the Victims of the Scheme to be Proved (Gaul, Matthew) (Entered: 02/22/2013)
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59.0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Quash....
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Quash. Document filed by American General Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick. (Meer, Jonathan) Modified on 3/1/2013 (ka). (Entered: 03/01/2013)
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60.0 MOTION to Quash. Document filed by American General Life ...
MOTION to Quash. Document filed by American General Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick. (Meer, Jonathan) (Entered: 03/01/2013)
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61.0 MEMORANDUM in Support by American General Life Insurance ...
MEMORANDUM in Support by American General Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re 60 MOTION to Quash.. Subpoena (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Meer, Jonathan) (Entered: 03/01/2013)
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62.0 Certificate of Service of 60 MOTION to Quash., 61 Memoran...
Certificate of Service of 60 MOTION to Quash., 61 Memorandum in Support of Motion, by American General Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick. Document was served on Andrew M. Lankler, Esq. on 03/01/2013. Service was accepted by Andrew M. Lankler, Esq.. (Meer, Jonathan) (Entered: 03/01/2013)
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63.0 Certificate of Service of 60 MOTION to Quash., 61 Memoran...
Certificate of Service of 60 MOTION to Quash., 61 Memorandum in Support of Motion, by American General Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick. Document was served on Zachary Feingold, Esq. on 03/01/2013. Service was accepted by Zachary Feingold, Esq.. (Meer, Jonathan) (Entered: 03/01/2013)
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64.0 Certificate of Service of 60 MOTION to Quash., 61 Memoran...
Certificate of Service of 60 MOTION to Quash., 61 Memorandum in Support of Motion, by American General Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick. Document was served on JaneAnne Murray, Esq on 03/01/2013. Service was accepted by JaneAnne Murray, Esq. (Meer, Jonathan) (Entered: 03/01/2013)
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65.0 Certificate of Service of 60 MOTION to Quash., 61 Memoran...
Certificate of Service of 60 MOTION to Quash., 61 Memorandum in Support of Motion, by American General Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick. Document was served on Roger Lee Stavis, Esq. on 03/01/2013. Service was accepted by Roger Lee Stavis, Esq.. (Meer, Jonathan) (Entered: 03/01/2013)
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66.0 NOTICE of of Appearance of A. Genser on behalf of Lincoln...
NOTICE of of Appearance of A. Genser on behalf of Lincoln National Corporation as to Michael Binday, James Kevin Kergil, Mark Resnick (Genser, Andrew) (Entered: 03/01/2013)
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67.0 NOTICE of of Appearance of A. Genser on behalf of The Lin...
NOTICE of of Appearance of A. Genser on behalf of The Lincoln National Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick (Genser, Andrew) (Entered: 03/01/2013)
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68.0 RULE 12.4 CORPORATE DISCLOSURE STATEMENT. identifying NON...
RULE 12.4 CORPORATE DISCLOSURE STATEMENT. identifying NONE as Corporate Parent by Lincoln National Corporation as to Michael Binday, James Kevin Kergil, Mark Resnick. (Genser, Andrew) (Entered: 03/01/2013)
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69.0 NOTICE of Appearance on behalf of Non-Party John Hancock ...
NOTICE of Appearance on behalf of Non-Party John Hancock Life Insurance Company (U.S.A.) as to Michael Binday, James Kevin Kergil, Mark Resnick (La Salle, John) (Entered: 03/01/2013)
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70.0 RULE 12.4 CORPORATE DISCLOSURE STATEMENT. identifying Lin...
RULE 12.4 CORPORATE DISCLOSURE STATEMENT. identifying Lincoln National Corporation as Corporate Parent by The Lincoln National Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick. (Genser, Andrew) (Entered: 03/01/2013)
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71.0 MOTION to Quash. Document filed by John Hancock Life Insu...
MOTION to Quash. Document filed by John Hancock Life Insurance Company (U.S.A.) as to Michael Binday, James Kevin Kergil, Mark Resnick. (La Salle, John) (Entered: 03/01/2013)
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72.0 MEMORANDUM in Support by John Hancock Life Insurance Comp...
MEMORANDUM in Support by John Hancock Life Insurance Company (U.S.A.) as to Michael Binday, James Kevin Kergil, Mark Resnick re 71 MOTION to Quash.. (La Salle, John) (Entered: 03/01/2013)
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73.0 DECLARATION of John F. LaSalle in Support by John Hancock...
DECLARATION of John F. LaSalle in Support by John Hancock Life Insurance Company (U.S.A.) as to Michael Binday, James Kevin Kergil, Mark Resnick re: 71 MOTION to Quash.. (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)(La Salle, John) (Entered: 03/01/2013)
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74.0 MOTION to Quash or Modify Subpoena. Document filed by AXA...
MOTION to Quash or Modify Subpoena. Document filed by AXA Equitable Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick. (Krantz, Larry) (Entered: 03/01/2013)
Date filed in court 03/01/2013
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75.0 AFFIRMATION of Larry H. Krantz in Support by AXA Equitabl...
AFFIRMATION of Larry H. Krantz in Support by AXA Equitable Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re 74 MOTION to Quash or Modify Subpoena.. (Krantz, Larry) (Entered: 03/01/2013)
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76.0 MOTION to Quash Subpoenas. Document filed by Phoenix Life...
MOTION to Quash Subpoenas. Document filed by Phoenix Life Insurance Company, PHL Variable Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick. (Attachments: # 1 Text of Proposed Order)(Burr, Kendall) (Entered: 03/01/2013)
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77.0 MEMORANDUM in Support by AXA Equitable Life Insurance Com...
MEMORANDUM in Support by AXA Equitable Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re 74 MOTION to Quash or Modify Subpoena.. (Krantz, Larry) (Entered: 03/01/2013)
Date filed in court 03/01/2013
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78.0 MEMORANDUM in Support by Phoenix Life Insurance Company, ...
MEMORANDUM in Support by Phoenix Life Insurance Company, PHL Variable Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re 76 MOTION to Quash Subpoenas.. (Burr, Kendall) (Entered: 03/01/2013)
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79.0 DECLARATION of Kendall Burr in Support by Phoenix Life In...
DECLARATION of Kendall Burr in Support by Phoenix Life Insurance Company, PHL Variable Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re: 76 MOTION to Quash Subpoenas.. (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)(Burr, Kendall) (Entered: 03/01/2013)
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80.0 AFFIDAVIT of Liza Fletcher in Support by Phoenix Life Ins...
AFFIDAVIT of Liza Fletcher in Support by Phoenix Life Insurance Company, PHL Variable Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re 76 MOTION to Quash Subpoenas.. (Burr, Kendall) (Entered: 03/01/2013)
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81.0 NOTICE of Notice of Appearance - Non-Party as to Michael ...
NOTICE of Notice of Appearance - Non-Party as to Michael Binday, James Kevin Kergil, Mark Resnick (Dewey, Thomas) (Entered: 03/01/2013)
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82.0 MOTION to Quash or Modify Defendants' Rule 17 (c) Subpoen...
MOTION to Quash or Modify Defendants' Rule 17 (c) Subpoena. Document filed by MetLife Investors U.S.A. Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick. (Eng, Michael) (Entered: 03/01/2013)
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83.0 MEMORANDUM in Support by MetLife Investors U.S.A. Insuran...
MEMORANDUM in Support by MetLife Investors U.S.A. Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re 82 MOTION to Quash or Modify Defendants' Rule 17 (c) Subpoena.. (Eng, Michael) (Entered: 03/01/2013)
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84.0 DECLARATION of James McCarthy in Support by MetLife Inves...
DECLARATION of James McCarthy in Support by MetLife Investors U.S.A. Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re: 82 MOTION to Quash or Modify Defendants' Rule 17 (c) Subpoena.. (Eng, Michael) (Entered: 03/01/2013)
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85.0 DECLARATION of James J. Duffy in Support by MetLife Inves...
DECLARATION of James J. Duffy in Support by MetLife Investors U.S.A. Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re: 82 MOTION to Quash or Modify Defendants' Rule 17 (c) Subpoena.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Eng, Michael) (Entered: 03/01/2013)
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86.0 NOTICE of Non-Party Appearance as to Michael Binday, Jame...
NOTICE of Non-Party Appearance as to Michael Binday, James Kevin Kergil, Mark Resnick (Attachments: # 1 Non-Party Motion to Quash)(Dewey, Thomas) (Entered: 03/01/2013)
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87.0 MOTION to Quash Subpoenas. Document filed by The Lincoln ...
MOTION to Quash Subpoenas. Document filed by The Lincoln National Life Insurance Company, Lincoln National Corporation as to Michael Binday, James Kevin Kergil, Mark Resnick. (Genser, Andrew) (Entered: 03/01/2013)
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88.0 MEMORANDUM in Support by The Lincoln National Life Insura...
MEMORANDUM in Support by The Lincoln National Life Insurance Company, Lincoln National Corporation as to Michael Binday, James Kevin Kergil, Mark Resnick re 87 MOTION to Quash Subpoenas.. (Genser, Andrew) (Entered: 03/01/2013)
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89.0 DECLARATION of Stephanie Farabow in Support by The Lincol...
DECLARATION of Stephanie Farabow in Support by The Lincoln National Life Insurance Company, Lincoln National Corporation as to Michael Binday, James Kevin Kergil, Mark Resnick re: 87 MOTION to Quash Subpoenas.. (Attachments: # 1 Exhibit 1, 2)(Genser, Andrew) (Entered: 03/01/2013)
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90.0 MOTION to Quash in Part Defendants' Rule 17(c) Subpoena ...
MOTION to Quash in Part Defendants' Rule 17(c) Subpoena and to Quash in Part Government's Trial Subpoena. Document filed by Security Mutual Life Insurance Company of New York as to Michael Binday, James Kevin Kergil, Mark Resnick. (Attachments: # 1 Proposed Order)(Candido, Anthony) (Entered: 03/01/2013)
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91.0 MEMORANDUM in Support by Security Mutual Life Insurance C...
MEMORANDUM in Support by Security Mutual Life Insurance Company of New York as to Michael Binday, James Kevin Kergil, Mark Resnick re 90 MOTION to Quash in Part Defendants' Rule 17(c) Subpoena and to Quash in Part Government's Trial Subpoena. MOTION to Quash in Part Defendants' Rule 17(c) Subpoena and to Quash in Part Government's Trial Subpoena.. (Candido, Anthony) (Entered: 03/01/2013)
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92.0 DECLARATION of Frederick L. Wortman in Support by Securit...
DECLARATION of Frederick L. Wortman in Support by Security Mutual Life Insurance Company of New York as to Michael Binday, James Kevin Kergil, Mark Resnick re: 90 MOTION to Quash in Part Defendants' Rule 17(c) Subpoena and to Quash in Part Government's Trial Subpoena. MOTION to Quash in Part Defendants' Rule 17(c) Subpoena and to Quash in Part Government's Trial Subpoena.. (Candido, Anthony) (Entered: 03/01/2013)
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93.0 DECLARATION of Christopher J. Walsh in Support by Securit...
DECLARATION of Christopher J. Walsh in Support by Security Mutual Life Insurance Company of New York as to Michael Binday, James Kevin Kergil, Mark Resnick re: 90 MOTION to Quash in Part Defendants' Rule 17(c) Subpoena and to Quash in Part Government's Trial Subpoena. MOTION to Quash in Part Defendants' Rule 17(c) Subpoena and to Quash in Part Government's Trial Subpoena.. (Candido, Anthony) (Entered: 03/01/2013)
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94.0 NOTICE of Notice of Appearance of Non-Party as to Michael...
NOTICE of Notice of Appearance of Non-Party as to Michael Binday, James Kevin Kergil, Mark Resnick (Villanueva, Katherine) (Entered: 03/01/2013)
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95.0 MOTION to Quash. Document filed by Lincoln Benefit Insura...
MOTION to Quash. Document filed by Lincoln Benefit Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick. (Villanueva, Katherine) (Entered: 03/01/2013)
Date filed in court 03/01/2013
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96.0 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - M...
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MEMORANDUM in Support by Lincoln Benefit Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re 95 MOTION to Quash. Letter Memorandum (Villanueva, Katherine) Modified on 3/4/2013 (db). (Entered: 03/01/2013)
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97.0 AFFIDAVIT of Mark Knuth in Support by Lincoln Benefit Ins...
AFFIDAVIT of Mark Knuth in Support by Lincoln Benefit Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re 95 MOTION to Quash.. (Villanueva, Katherine) (Entered: 03/01/2013)
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98.0 NOTICE of of Appearance of Non-Party as to Michael Binday...
NOTICE of of Appearance of Non-Party as to Michael Binday, James Kevin Kergil, Mark Resnick (Villanueva, Katherine) (Entered: 03/01/2013)
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99.0 MOTION to Quash and Limit. Document filed by Sun Life Ass...
MOTION to Quash and Limit. Document filed by Sun Life Assurance Company of Canada as to Michael Binday, James Kevin Kergil, Mark Resnick. (Villanueva, Katherine) (Entered: 03/01/2013)
Date filed in court 03/01/2013
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100.0 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - M...
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MEMORANDUM in Support by Sun Life Assurance Company of Canada as to Michael Binday, James Kevin Kergil, Mark Resnick re 99 MOTION to Quash and Limit. Letter Memorandum (Villanueva, Katherine) Modified on 3/4/2013 (db). (Entered: 03/01/2013)
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101.0 AFFIDAVIT of Michelle A. Wilkosky in Support by Sun Life ...
AFFIDAVIT of Michelle A. Wilkosky in Support by Sun Life Assurance Company of Canada as to Michael Binday, James Kevin Kergil, Mark Resnick re 99 MOTION to Quash and Limit.. (Villanueva, Katherine) (Entered: 03/01/2013)
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102.0 NOTICE of Appearance of Non-Party as to Michael Binday, J...
NOTICE of Appearance of Non-Party as to Michael Binday, James Kevin Kergil, Mark Resnick (Villanueva, Katherine) (Entered: 03/01/2013)
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103.0 MOTION to Quash and Limit. Document filed by Pruco Life I...
MOTION to Quash and Limit. Document filed by Pruco Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick. (Villanueva, Katherine) (Entered: 03/01/2013)
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104.0 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - M...
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MEMORANDUM in Support by Pruco Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re 103 MOTION to Quash and Limit. Letter Memorandum (Villanueva, Katherine) Modified on 3/4/2013 (db). (Entered: 03/01/2013)
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105.0 AFFIDAVIT of Michael McFarland in Support by Pruco Life I...
AFFIDAVIT of Michael McFarland in Support by Pruco Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re 103 MOTION to Quash and Limit.. (Villanueva, Katherine) (Entered: 03/01/2013)
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106.0 NOTICE of Appearance of Non-Party as to Michael Binday, J...
NOTICE of Appearance of Non-Party as to Michael Binday, James Kevin Kergil, Mark Resnick (Villanueva, Katherine) (Entered: 03/01/2013)
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107.0 MOTION to Quash and Limit. Document filed by Massachusett...
MOTION to Quash and Limit. Document filed by Massachusetts Mutual Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick. (Villanueva, Katherine) (Entered: 03/01/2013)
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108.0 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - M...
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MEMORANDUM in Support by Massachusetts Mutual Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re 107 MOTION to Quash and Limit. Letter Memorandum (Villanueva, Katherine) Modified on 3/4/2013 (db). (Entered: 03/01/2013)
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109.0 AFFIDAVIT of Mary Frances Janicik in Support by Massachus...
AFFIDAVIT of Mary Frances Janicik in Support by Massachusetts Mutual Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re 107 MOTION to Quash and Limit.. (Villanueva, Katherine) (Entered: 03/01/2013)
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110.0 NOTICE of Non-Party Appearance as to Michael Binday, Jame...
NOTICE of Non-Party Appearance as to Michael Binday, James Kevin Kergil, Mark Resnick (Attachments: # 1 Memo in Support of Motion to Quash, # 2 Exhibit, # 3 Exhibit)(Dewey, Thomas) (Entered: 03/01/2013)
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111.0 MEMORANDUM in Support by Lincoln Benefit Insurance Compan...
MEMORANDUM in Support by Lincoln Benefit Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re 95 MOTION to Quash.. and Limit (Villanueva, Katherine) (Entered: 03/04/2013)
Date filed in court 03/04/2013
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112.0 MEMORANDUM in Support by Massachusetts Mutual Life Insura...
MEMORANDUM in Support by Massachusetts Mutual Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re 107 MOTION to Quash and Limit.. (Villanueva, Katherine) (Entered: 03/04/2013)
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113.0 MEMORANDUM in Support by Sun Life Assurance Company of Ca...
MEMORANDUM in Support by Sun Life Assurance Company of Canada as to Michael Binday, James Kevin Kergil, Mark Resnick re 99 MOTION to Quash and Limit.. (Villanueva, Katherine) (Entered: 03/04/2013)
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114.0 MEMORANDUM in Support by Pruco Life Insurance Company as ...
MEMORANDUM in Support by Pruco Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re 103 MOTION to Quash and Limit.. (Villanueva, Katherine) (Entered: 03/04/2013)
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115.0 SEALED DOCUMENT placed in vault. (mps) (Entered: 03/08/20...
SEALED DOCUMENT placed in vault. (mps) (Entered: 03/08/2013)
Date filed in court 03/08/2013
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116.0 ENDORSED LETTER as to (12-Cr-152-1) Michael Binday addres...
ENDORSED LETTER as to (12-Cr-152-1) Michael Binday addressed to Judge Colleen McMahon from Attorney Michael C. Miller dated March 7, 2013 re: My firm represents defendant Michael Binday in the above-referenced case. Regrettably, I write to apprise the Court that my firm believes it is required by Rule 1.16(b) of the New York Rules of Professional Conduct to move to withdrawn from the representation of Mr. Binday in his pending case before Your Honor. ENDORSEMENT: The case to be conferenced IMMEDIATELY (Conference is set for Monday 3/11, at 11:00 AM). Mr. Binday MUST be present. Counsel are required, not only to give me a better and fuller explanation, but to explain why they did not recognize the conflict until now, to the tremendous inconvenience of the Court, their client, the government, and the co-defendants. I see an entirely separate ethical issue here relating to Steptoe collecting fees while nurturing a serious potential conflict. Government's obligation to turn over 3500 material is suspended until the conference. (Signed by Judge Colleen McMahon on 3/8/2013)(bw) (Entered: 03/08/2013)
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117.0 MEMORANDUM in Opposition by Michael Binday as to Michael ...
MEMORANDUM in Opposition by Michael Binday as to Michael Binday, James Kevin Kergil, Mark Resnick re 87 MOTION to Quash Subpoenas., 95 MOTION to Quash., 82 MOTION to Quash or Modify Defendants' Rule 17 (c) Subpoena., 103 MOTION to Quash and Limit., 74 MOTION to Quash or Modify Subpoena., 99 MOTION to Quash and Limit., 90 MOTION to Quash in Part Defendants' Rule 17(c) Subpoena and to Quash in Part Government's Trial Subpoena. MOTION to Quash in Part Defendants' Rule 17(c) Subpoena and to Quash in Part Government's Trial Subpoena., 107 MOTION to Quash and Limit., 60 MOTION to Quash., 71 MOTION to Quash., 76 MOTION to Quash Subpoenas.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K)(Lankler, Andrew) (Entered: 03/08/2013)
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118.0 NOTICE OF ATTORNEY APPEARANCE: Michael Steven Ross appear...
NOTICE OF ATTORNEY APPEARANCE: Michael Steven Ross appearing for Michael Binday. Appearance Type: Retained. Appearance for Steptoe & Johnson LLP, counsel for defendant Michael Binday (Ross, Michael) (Entered: 03/11/2013)
Date filed in court 03/11/2013
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119.0 Letter by Michael Binday addressed to Judge Colleen McMah...
Letter by Michael Binday addressed to Judge Colleen McMahon from Michael C. Miller dated 2/27/2013 re: potential conflict of interest.. (mde) . (mde). (Entered: 03/14/2013)
Date filed in court 03/14/2013
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120.0 Letter by USA as to Michael Binday, James Kevin Kergil, M...
Letter by USA as to Michael Binday, James Kevin Kergil, Mark Resnick addressed to Judge Colleen McMahon from Sarah E. McCallum (AUSA), dated 3/11/2013 re: Conference..discussion of the conflict issue that was raised by counsel for defendant Michael Binday in a March 7, 2013 letter. (mde) (mde). (Entered: 03/14/2013)
Date filed in court 03/14/2013
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121.0 Letter by USA as to Michael Binday, James Kevin Kergil, M...
Letter by USA as to Michael Binday, James Kevin Kergil, Mark Resnick addressed to Judge Coleen McMahon from Sarah E. McCallum dated 2/25/2013 re: The Government writes in response to the defendants' February 22, 2013 letter raising complaints regarding the trial subpoenas served on insurance companies in this case and demanding (1) a court conference; (2) already denied permission to serve pretrial subpoenas with eight page long riders; (3) permission to serve yet further sweeping subpoenas and (4) permission to transform the previously issued trial subpoenas into tools for a fishing expedition. No conference is needed, and the demands for relief should be denied. (dnd) (Entered: 03/14/2013)
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122.0 Letter by Michael Binday as to Michael Binday, James Kevi...
Letter by Michael Binday as to Michael Binday, James Kevin Kergil, Mark Resnick addressed to Judge Coleen McMahon from Michael C. Miller dated 2/22/2013 re: Counsel writes on behalf of all defendants to request a hearing with the Court at its earliest convenience and to seek appropriate relief for the conduct described in this letter. Our request is prompted by the fact that the Government has just acknowledged for the first time that it has made no effort to collect electronic data, including emails, responsive to the trial subpoenas that the Government served on the relevant insurance companies in lieu of the Rule 17(c) subpoenas sought by defendants. (dnd) (Entered: 03/14/2013)
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123.0 Letter by Michael Binday as to Michael Binday, James Kevi...
Letter by Michael Binday as to Michael Binday, James Kevin Kergil, Mark Resnick addressed to Judge Coleen McMahon from Michael C. Miller dated 2/26/2013 re: Counsel writes on behalf of all defendants to reply to the Government's February 25, 2013 letter, which responded to our February 22, 2013 letter requesting a conference with the Court at its earliest convenienceand seeking other appropriate relief ("Government Response"). The Government Response provides no basis for denying the defendants' request for appropriate relief arising out of the Government's failure to seek electronic data from any of the alleged insurance company "victims."... (dnd) (Entered: 03/14/2013)
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124.0 Letter by Michael Binday as to Michael Binday, James Kevi...
Letter by Michael Binday as to Michael Binday, James Kevin Kergil, Mark Resnick addressed to Judge Coleen McMahon from Michael C. Miller dated 3/4/2013 re: Defense counsel writes on behalf of all of the defendants to notify the Court that the defendants are in discussions with most of the insurance companies involved in this matter regarding a) their compliance with theGovernment's trial subpoenas and the defendants' Rule 17(c) subpoenas (the "Subpoenas"), b) the issues raised in their various motions to quash the Subpoenas, and c) options for developing joint proposals for narrowing the issues in dispute. (dnd) (Entered: 03/14/2013)
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125.0 Letter by Michael Binday addressed to Judge Coleen McMaho...
Letter by Michael Binday addressed to Judge Coleen McMahon from Michael C. Miller dated 2/19/2013 re: We write to advise you that, during oral argument at the status conference on February 13,2013 in the above-referenced case, we inadvertently misstated a citation on page 10 of our Memorandum of Law in Support of Defendant Michael Binday's Motion, in the Alternative, for Issuance of Subpoenas to Purported Insurance Company Victims Pursuant to Rule 17(c) ("Memorandum")... (dnd) (Entered: 03/14/2013)
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126.0 DECISION AND ORDER RELIEVING COUNSEL FOR DEFENDANT BINDAY...
DECISION AND ORDER RELIEVING COUNSEL FOR DEFENDANT BINDAY DUE TO AN UNWAIV ABLE CONFLICT OF INTEREST; ADJOURNING TRIAL AND ALL OTHER PROCEEDINGS TO ALLOW MR. BINDA Y TO OBTAIN NEW COUNSEL [REDACTED]. As to Michael Binday re: 116 Endorsed Letter, Set Deadlines/Hearings,. Virtually on the eve of trial, the law firm of Steptoe and Johnson, counsel for defendant Michael Binday, have petitioned the court for permission to withdraw due to what it has concluded is an unwaivable conflict of interest. For the reasons set forth in this Order; Steptoe's motion for leave to withdraw is granted, conditioned on (1) its immediate return to Mr Binday of every penny he has ever paid to the firm, with interest; (2) its continuing to pay for the services of Mr. Lankier and his firm until either (i) Mr. Binday decides to retain Mr. Lankier as his defense counsel, or (ii) Mr. Lankier's services are no longer required; and (3) its promise (already given in open court) to cooperate in every way, and at its own expense, with new counsel's investigation of the case. The trial is adjourned until September 17,2013. Time is excluded to September 17, 2013, in the interests of justice, because the defendants' interest in a speedy trial is outweighed by Mr. Binday's need to obtain new counsel and for new counsel to familiarize himself with this complicated insurance fraud case. We will hold a status conference on April 16, 2013 at 2:00PM, at which time I hope to make the acquaintance of Mr. Binday's new attorney. (Signed by Judge Colleen McMahon on 3/14/2013)(dnd) (Entered: 03/14/2013)
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127.0 SEALED DOCUMENT placed in vault. (nm) (Entered: 03/14/2013)
SEALED DOCUMENT placed in vault. (nm) (Entered: 03/14/2013)
Date filed in court 03/14/2013
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128.0 REPLY MEMORANDUM OF LAW in Support by AXA Equitable Life ...
REPLY MEMORANDUM OF LAW in Support by AXA Equitable Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re: 74 MOTION to Quash or Modify Subpoena.. (Krantz, Larry) (Entered: 03/15/2013)
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129.0 REPLY MEMORANDUM OF LAW in Support by American General Li...
REPLY MEMORANDUM OF LAW in Support by American General Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re: 60 MOTION to Quash.. (Meer, Jonathan) (Entered: 03/15/2013)
Date filed in court 03/15/2013
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130.0 REPLY TO RESPONSE to Motion by Phoenix Life Insurance Com...
REPLY TO RESPONSE to Motion by Phoenix Life Insurance Company, PHL Variable Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re 76 MOTION to Quash Subpoenas.. (Attachments: # 1 Second Declaration of Kendall J. Burr, # 2 Exhibit 1)(Burr, Kendall) (Entered: 03/15/2013)
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131.0 REPLY MEMORANDUM OF LAW in Support by The Lincoln Nationa...
REPLY MEMORANDUM OF LAW in Support by The Lincoln National Life Insurance Company, Lincoln National Corporation as to Michael Binday, James Kevin Kergil, Mark Resnick re: 87 MOTION to Quash Subpoenas.. (Genser, Andrew) (Entered: 03/15/2013)
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132.0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REP...
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY AFFIDAVIT of ANDREW M. GENSER in Support by The Lincoln National Life Insurance Company, Lincoln National Corporation as to Michael Binday, James Kevin Kergil, Mark Resnick re: 87 MOTION to Quash Subpoenas.. (Attachments: # 1 Exhibit A)(Genser, Andrew) Modified on 3/18/2013 (ka). (Entered: 03/15/2013)
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133.0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REP...
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY AFFIDAVIT of BARBARA VALENZUELA in Support by The Lincoln National Life Insurance Company, Lincoln National Corporation as to Michael Binday, James Kevin Kergil, Mark Resnick re: 87 MOTION to Quash Subpoenas.. (Genser, Andrew) Modified on 3/18/2013 (ka). (Entered: 03/15/2013)
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134.0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REP...
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY AFFIDAVIT of DAVID ROSE in Support by The Lincoln National Life Insurance Company, Lincoln National Corporation as to Michael Binday, James Kevin Kergil, Mark Resnick re: 87 MOTION to Quash Subpoenas.. (Genser, Andrew) Modified on 3/18/2013 (ka). (Entered: 03/15/2013)
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135.0 REPLY MEMORANDUM OF LAW in Support by Lincoln Benefit Ins...
REPLY MEMORANDUM OF LAW in Support by Lincoln Benefit Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re: 95 MOTION to Quash. and Limit. (Villanueva, Katherine) (Entered: 03/15/2013)
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136.0 DECLARATION of Katherine Villanueva in Support by Lincoln...
DECLARATION of Katherine Villanueva in Support by Lincoln Benefit Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re: 95 MOTION to Quash.. (Attachments: # 1 Exhibit A)(Villanueva, Katherine) (Entered: 03/15/2013)
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137.0 REPLY MEMORANDUM OF LAW in Support by Sun Life Assurance ...
REPLY MEMORANDUM OF LAW in Support by Sun Life Assurance Company of Canada as to Michael Binday, James Kevin Kergil, Mark Resnick re: 99 MOTION to Quash and Limit.. (Attachments: # 1 Affidavit, # 2 Exhibit A)(Villanueva, Katherine) (Entered: 03/15/2013)
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138.0 REPLY MEMORANDUM OF LAW in Support by Pruco Life Insuranc...
REPLY MEMORANDUM OF LAW in Support by Pruco Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re: 103 MOTION to Quash and Limit.. (Attachments: # 1 Affidavit, # 2 Exhibit A)(Villanueva, Katherine) (Entered: 03/15/2013)
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139.0 REPLY MEMORANDUM OF LAW in Support by Massachusetts Mutua...
REPLY MEMORANDUM OF LAW in Support by Massachusetts Mutual Life Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re: 107 MOTION to Quash and Limit.. (Attachments: # 1 Affidavit, # 2 Exhibit A)(Villanueva, Katherine) (Entered: 03/15/2013)
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140.0 REPLY MEMORANDUM OF LAW in Support by John Hancock Life I...
REPLY MEMORANDUM OF LAW in Support by John Hancock Life Insurance Company (U.S.A.) as to Michael Binday, James Kevin Kergil, Mark Resnick re: 71 MOTION to Quash.. (La Salle, John) (Entered: 03/15/2013)
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141.0 REPLY MEMORANDUM OF LAW in Support by MetLife Investors U...
REPLY MEMORANDUM OF LAW in Support by MetLife Investors U.S.A. Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re: 82 MOTION to Quash or Modify Defendants' Rule 17 (c) Subpoena.. (Eng, Michael) (Entered: 03/15/2013)
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142.0 DECLARATION of James J. Duffy in Support by MetLife Inves...
DECLARATION of James J. Duffy in Support by MetLife Investors U.S.A. Insurance Company as to Michael Binday, James Kevin Kergil, Mark Resnick re: 82 MOTION to Quash or Modify Defendants' Rule 17 (c) Subpoena.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Eng, Michael) (Entered: 03/15/2013)
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143.0 REPLY MEMORANDUM OF LAW in Support by Security Mutual Lif...
REPLY MEMORANDUM OF LAW in Support by Security Mutual Life Insurance Company of New York as to Michael Binday, James Kevin Kergil, Mark Resnick re: 90 MOTION to Quash in Part Defendants' Rule 17(c) Subpoena and to Quash in Part Government's Trial Subpoena. MOTION to Quash in Part Defendants' Rule 17(c) Subpoena and to Quash in Part Government's Trial Subpoena.. (Candido, Anthony) (Entered: 03/15/2013)
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144.0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOT...
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Reply Memorandum of Law as to Michael Binday, James Kevin Kergil, Mark Resnick re: 110 Notice (Other). (Attachments: # 1 Exhibit)(Dewey, Thomas) Modified on 3/18/2013 (ka). (Entered: 03/15/2013)
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145.0 AFFIDAVIT of BARBARA VALENZUELA in Support by The Lincoln...
AFFIDAVIT of BARBARA VALENZUELA in Support by The Lincoln National Life Insurance Company, Lincoln National Corporation as to Michael Binday, James Kevin Kergil, Mark Resnick re 87 MOTION to Quash Subpoenas.. (Genser, Andrew) (Entered: 03/18/2013)
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146.0 REPLY AFFIDAVIT of DAVID ROSE in Support by The Lincoln N...
REPLY AFFIDAVIT of DAVID ROSE in Support by The Lincoln National Life Insurance Company, Lincoln National Corporation as to Michael Binday, James Kevin Kergil, Mark Resnick re: 87 MOTION to Quash Subpoenas.. (Genser, Andrew) (Entered: 03/18/2013)
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147.0 DECLARATION of ANDREW GENSER in Support by The Lincoln Na...
DECLARATION of ANDREW GENSER in Support by The Lincoln National Life Insurance Company, Lincoln National Corporation as to Michael Binday, James Kevin Kergil, Mark Resnick re: 87 MOTION to Quash Subpoenas.. (Attachments: # 1 Exhibit A)(Genser, Andrew) (Entered: 03/18/2013)
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148.0 AFFIDAVIT of DAVID ROSE in Support by The Lincoln Nationa...
AFFIDAVIT of DAVID ROSE in Support by The Lincoln National Life Insurance Company, Lincoln National Corporation as to Michael Binday, James Kevin Kergil, Mark Resnick re 87 MOTION to Quash Subpoenas.. (Genser, Andrew) (Entered: 03/18/2013)
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149.0 OBJECTION, MOTION to Quash And/Or MOTION for Protective O...
OBJECTION, MOTION to Quash And/Or MOTION for Protective Order. The undersigned Third Party, Law Office of Conrad Willkomm, P.A. and Conrad Willkomm, Esq. (collectively, "Willkomm"), and pursuant to F.R.Cr.P. 17, hereby files its Objection to Production of Documents, Motion To Quash Subpoena and/or Motion For Protective Order as to Production of Documents. Document filed by Law Office of Conrad Willkomm, P.A., and Conrad Willkomm, Esq., as to Michael Binday, James Kevin Kergil, Mark Resnick. (bw) (Entered: 03/20/2013)
Date filed in court 03/20/2013
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