case docket: eugene j. burger founder of eugene burger management corp (ebmc)

U.S. District Court California Northern District (San Francisco)

CRIMINAL DOCKET FOR CASE #: 3:99-cr-00439-SI-ALL

CLOSED, ICMS, RELATE

Case title: USA v. Burger

Date Filed: 10/13/1999

Assigned to: Judge Susan Illston

DefendantEugene Burger (1) TERMINATED: 02/27/2001

representedby Marcus S. Topel Topel & Goodman 832 Sansome St. 4th Flr San Francisco, CA 94111 (415)421-6140 Email: [email protected] TERMINATED: 02/27/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Pending Counts

DispositionNone

Highest Offense Level (Opening)None

Terminated Counts

Disposition18:666(a)(1)(A) and 2 Theft from Programs Receiving Federal Funds and Aiding and Abetting (1-3)

dismissed on government's motion

18:666(a)(1)(A) and 2 THEFT FROM PROGRAMS RECEIVING FEDERAL FUNDS AND AIDING AND ABETTING (1s-3s)


18:666(a)(1)(A) and 2 Theft from Programs Receiving Federal Funds and Aiding and Abetting (4-6)


18:666(a)(1)(A) and 2 THEFT FROM PROGRAMS RECEIVING FEDERAL

Page 1 of 22CAND-ECF - Docket Report

2/7/2007https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?105013624666298-L_923_0-1

FUNDS AND AIDING AND ABETTING (4s-6s)

dismissed on governments motion

18:1956(a)(1)(B)(i) and 2 Money Laundering and Aiding and Abetting (7-12)


18:1956(a)(1)(B)(i) and 2 MONEY LAUNDERING (7s-12s)


41:53 and 18:2 Anti-Kickback Act and Aiding and Abetting (13-45)


18:1505 and 2 OBSTRUCTION OF JUSTICE AND AIDING AND ABETTING (13s)


18:1505 and 2 Obstruction of Justice and Aiding and Abetting (46)


Highest Offense Level (Terminated)Felony

Complaints

DispositionNone

PlaintiffUSA representedby Miranda Beth Kane

P. O. Box 170277 San Francisco, CA 94117 415.515-1248 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

10/13/1999 1 INDICTMENT by AUSA Miranda Kane. Counts filed against Eugene Burger (1) count(s) 1-3, 4-6, 7-12, 13-45, 46 (rhw, COURT STAFF) (Entered: 10/14/1999)

10/21/1999 2 MINUTES: filed on 10/21/99 before Magistrate Judge James Larson; initial appearance of Eugene Burger, not guilty plea entered; Attorney present; , Trial setting/motions hearing will be held at 11:00 10/29/99 for Eugene Burger; before Judge Susan Illston; Passports surrendered (Tape



No.: 99-76) (my, COURT STAFF) Modified on 10/27/1999 (Entered: 10/22/1999)

10/21/1999 3 $1 million secured ($500K - $600K) Bond by Eugene Burger by Magistrate Judge James Larson (my, COURT STAFF) (Entered: 10/22/1999)

10/29/1999 5 MINUTES: filed on 11/2/99 before Judge Susan Illston; Trial setting hearing held; further status hearing will be held at 11:00 1/14/00 for Eugene Burger; pre-trial conference will be held 3:30 8/29/00 for Eugene Burger; Jury trial set for 8:30 9/11/00 for Eugene Burger; before Judge Susan Illston , Excludable delay: Complex begins 10/29/99 and ends 9/11/00 (C/R: Jill Barham) (my, COURT STAFF) (Entered: 11/03/1999)

11/01/1999 4 ORDER by Judge Susan Illston to unseal Search Warrant Affidavits; (3-99-3033303 PJH and 3-99-30378 JL) and (3-99-30306 PJH and 3-99-30310 PJH) as to defendant Eugene Burger (my, COURT STAFF) (Entered: 11/03/1999)

11/02/1999 6 ORDER by Judge Susan Illston for Pretrial Preparation; pre-trial preparation will be held 3:30 8/29/00 for Eugene Burger; Jury trial set for 8:30 9/11/00 for Eugene Burger before Judge Susan Illston; (my, COURT STAFF) (Entered: 11/03/1999)

11/24/1999 7 APPLICATION by Plaintiff USA For Protective Order or Alternatively an Order to Stay Discovery in Superior Court civil action pending the resolution of criminal case as to defendant Eugene Burger (my, COURT STAFF) (Entered: 11/30/1999)

11/24/1999 8 DECLARATION of Miranda Kane on behalf of Plaintiff USA re Application for Protective Order or Stay in Civil Discovery [7-1] as to defendant Eugene Burger (my, COURT STAFF) (Entered: 11/30/1999)

12/09/1999 9 OPPOSITION by defendant Eugene Burger to application for protective order [7-1] (my, COURT STAFF) (Entered: 12/13/1999)

12/09/1999 10 DECLARATION by Daniel B. Beck on behalf of defendant Eugene Burger In opposition to Application for Protective Order [9-1] (my, COURT STAFF) (Entered: 12/13/1999)

12/10/1999 11 OPPOSITION by defendant Eugene Burger Management Corporation to Plaintiffs Application For Protective Order [7-1] (my, COURT STAFF) (Entered: 12/14/1999)

12/10/1999 12 DECLARATION by Ronald E. Vaughn on behalf of defendant Eugene Burger In opposition To Application For Protective Order [11-1] (my, COURT STAFF) (Entered: 12/14/1999)

12/10/1999 13 STIPULATION For ORDER by Judge Susan Illston Allowing Eugene Burger Management Corporation to Intervene and File and Opposition To, and Appear Regarding, Application for Protective Order as to defendant Eugene Burger (my, COURT STAFF) (Entered: 12/14/1999)

12/16/1999 14 WAIVER of personal appearance, by defendant Eugene Burger. (rl,



COURT STAFF) (Entered: 12/21/1999)12/16/1999 15 PROOF OF SERVICE by defendant Eugene Burger of Scheduling order

Allowing Eugene Burger Management Corporation to Intervene and File and Opposition To, and Appear Regarding, Application for Protective Order as to defendant Eugene Burger [13-1] (rl, COURT STAFF) (Entered: 12/21/1999)

12/21/1999 16 ORDER by Judge Susan Illston denying application [7-1] as to defendant Eugene Burger for protective order or for stay of discovery in superior court civil action (lsk, COURT STAFF) (Entered: 12/22/1999)

01/14/2000 17 MINUTES: filed on 1/18/00 before Judge Susan Illston; further status hearing held; motions will be heard by 2:00 5/24/00 for Eugene Burger; (Motions due 3/20/00; Opposition 4/17/00; Reply 5/8/00) before Judge Susan Illston , excludable delay begins 10/29/99 and ends 9/11/00 - AUSA to draft Order (C/R: R. Flores) (my, COURT STAFF) (Entered: 01/21/2000)

03/13/2000 18 STIPULATION and ORDER by Judge Susan Illston pre-trial motions due by 4/3/00 for Eugene Burger before Judge Susan Illston ; the present due date for filing of oppositions to such motions be continued from 4/17/00 to 5/1/00; the current replies due date of 05/08/00 will remain the same as will the hearing date of 5/24/00 at 2:00pm (bug, COURT STAFF) (Entered: 03/16/2000)

04/04/2000 19 MOTION before Judge Susan Illston for discovery by defendant Eugene Burger (bug, COURT STAFF) (Entered: 04/05/2000)

04/04/2000 20 MEMORANDUM by defendant Eugene Burger in support of motion for discovery by defendant Eugene Burger [19-1] (bug, COURT STAFF) (Entered: 04/05/2000)

04/04/2000 21 MOTION before Judge Susan Illston for a bill of particulars by defendant Eugene Burger (bug, COURT STAFF) (Entered: 04/05/2000)

04/04/2000 22 MEMORANDUM by defendant Eugene Burger in support of motion for a bill of particulars by defendant Eugene Burger [21-1] (bug, COURT STAFF) (Entered: 04/05/2000)

04/04/2000 23 MOTION before Judge Susan Illston to dismiss counts thirteen through fourty-five by defendant Eugene Burger (bug, COURT STAFF) (Entered: 04/05/2000)

04/04/2000 24 MEMORANDUM by defendant Eugene Burger in support of motion to dismiss counts thirteen through fourty-five by defendant Eugene Burger [23-1] (bug, COURT STAFF) (Entered: 04/05/2000)

04/11/2000 25 STIPULATION and ORDER by Judge Susan Illston between the parties that the date for filing defendants pretrial motions is extended one day from 4/3/00 to 4/4/00; the remaining filing dates and hearing dates shall remain unchanged as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 04/18/2000)



04/14/2000 26 REPORTERS TRANSCRIPT; Date of proceedings: 12/16/00 (C/R: Katherine Wyatt) as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 04/18/2000)

04/26/2000 27 SEALED document (bug, COURT STAFF) (Entered: 04/28/2000)04/26/2000 28 SEALED document (bug, COURT STAFF) (Entered: 04/28/2000)04/26/2000 29 SEALED document (bug, COURT STAFF) (Entered: 04/28/2000)04/26/2000 30 SEALED document (bug, COURT STAFF) (Entered: 04/28/2000)05/01/2000 31 OPPOSITION by Plaintiff USA to motion to dismiss counts thirteen

through fourty-five by defendant Eugene Burger [23-1] (lsk, COURT STAFF) (Entered: 05/02/2000)

05/01/2000 32 RESPONSE and opposition by Plaintiff USA re motion for discovery by defendant Eugene Burger [19-1] (lsk, COURT STAFF) (Entered: 05/02/2000)

05/01/2000 33 OPPOSITION by Plaintiff USA to motion for a bill of particulars by defendant Eugene Burger [21-1] (lsk, COURT STAFF) (Entered: 05/03/2000)

05/02/2000 34 ORDER by Judge Susan Illston to exclude time from 10/29/00 to 09/11/00 as to Eugene Burger (bug, COURT STAFF) (Entered: 05/05/2000)

05/03/2000 35 PROOF OF SERVICE by Plaintiff USA of Scheduling order to exclude time from 10/29/00 to 09/11/00 as to Eugene Burger [34-1] (bug, COURT STAFF) (Entered: 05/05/2000)

05/10/2000 36 REPLY by defendant Eugene Burger in support of motion for discovery (bug, COURT STAFF) (Entered: 05/17/2000)

05/10/2000 37 REPLY by defendant Eugene Burger in support of motion for a bill of particulars (bug, COURT STAFF) (Entered: 05/17/2000)

05/10/2000 38 REPLY by defendant Eugene Burger in support of motion to dismiss counts 13-45 (bug, COURT STAFF) (Entered: 05/17/2000)

05/12/2000 39 STIPULATION and ORDER by Judge Susan Illston that the date for filing of defendants replies on his pretrial motions be extended two days from the current date of 5/8/00 to 5/10/00 as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 05/17/2000)

05/15/2000 40 PROOF OF SERVICE by Plaintiff USA of Scheduling order that the date for filing of defendants replies on his pretrial motions be extended two days from the current date of 5/8/00 to 5/10/00 as to defendant Eugene Burger [39-1] (bug, COURT STAFF) (Entered: 05/17/2000)

05/24/2000 41 MINUTES: filed on 5/26/00 before Judge Susan Illston; motion to dismiss counts thirteen through fourty-five by defendant Eugene Burger [23-1]; motion for a bill of particulars by defendant Eugene Burger [21-1]; and motion for discovery by defendant Eugene Burger [19-1] is



SUBMITTED (C/R: Peppina Thompsen); order to be prepared by Court (bug, COURT STAFF) (Entered: 05/31/2000)

05/26/2000 42 SUPPLEMENTAL MEMORANDUM by defendant Eugene Burger in support of motion to dismiss counts thirteen through fourty-five [23-1] (bug, COURT STAFF) (Entered: 05/31/2000)

05/30/2000 43 LETTER dated 5/30/00 from Miranda Kane re: defendants supplemental brief (bug, COURT STAFF) (Entered: 06/01/2000)

06/06/2000 44 ORDER by Judge Susan Illston: GRANTING motion to dismiss counts thirteen through fourty-five by defendant Eugene Burger [23-1]; count(s) 13-45. dismissed on defendants motion; finding the motion for a bill of particulars by defendant Eugene Burger [21-1] DENIED AS MOOT (cc: all counsel) (bug, COURT STAFF) (Entered: 06/07/2000)

06/08/2000 45 MOTION before Judge Susan Illston to continue trial date by defendant Eugene Burger (bug, COURT STAFF) (Entered: 06/13/2000)

06/08/2000 46 MEMORANDUM by defendant Eugene Burger in support of motion to continue trial date [45-1] (bug, COURT STAFF) (Entered: 06/13/2000)

06/08/2000 47 DECLARATION by Marcus S Topel on behalf of defendant Eugene Burger in support of motion to continue trial date [45-1] (bug, COURT STAFF) (Entered: 06/13/2000)

06/08/2000 48 EX-PARTE APPLICATION by defendant Eugene Burger for order shortening time for hearing on defendants motion for continuance of trial date (bug, COURT STAFF) (Entered: 06/13/2000)

06/08/2000 RECEIVED Proposed Order ( defendant Eugene Burger ) re: motion to continue trial date by defendant Eugene Burger [45-1] (bug, COURT STAFF) (Entered: 06/13/2000)

06/09/2000 49 ORDER by Judge Susan Illston: GRANTING application [48-1]; setting hearing on motion to continue trial date by defendant Eugene Burger [45-1] to 11:30am on 6/15/00 (bug, COURT STAFF) (Entered: 06/13/2000)

06/13/2000 50 OPPOSITION by Plaintiff USA to motion to continue trial date by defendant Eugene Burger [45-1] (bug, COURT STAFF) (Entered: 06/16/2000)

06/14/2000 51 REPLY by defendant Eugene Burger to opposition to motion to continue trial date by defendant Eugene Burger [45-1] (bug, COURT STAFF) (Entered: 06/16/2000)

06/15/2000 52 MINUTES: filed on 6/19/00 before Judge Susan Illston; GRANTING motion to continue trial date by defendant Eugene Burger [45-1]; first pre-trial conference will be held 3:30pm on 12/12/00 for Eugene Burger; Jury trial set for 8:30am on for Eugene Burger; second pretrial hearing will be held at 3:30pm on 1/9/01 for Eugene Burger before Judge Susan Illston (C/R: Kathy Wyatt) (bug, COURT STAFF) (Entered: 06/21/2000)

06/16/2000 53 SECOND ORDER FOR PRETRIAL PREPARATION by Judge Susan



Illston first pre-trial conference will be held 3:30pm on 12/12/00 for Eugene Burger; Jury trial set for 8:30am on 1/16/01 for Eugene Burger; second pretrial conference will be held at 3:30pm on 1/9/01 for Eugene Burger before Judge Susan Illston (cc: all counsel) (bug, COURT STAFF) (Entered: 06/21/2000)

06/26/2000 54 REQUEST by Plaintiff USA for leave to file a motion for reconsideration of order granting defendants motion to dismiss counts 13-45 as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 06/28/2000)

07/06/2000 55 OPPOSITION by defendant Eugene Burger to request for leave to file a motion for reconsideration [54-1] (bug, COURT STAFF) (Entered: 07/07/2000)

08/10/2000 56 STIPULATION and ORDER by Judge Susan Illston to exclude time from 09/11/00 to 01/16/01 as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 08/11/2000)

08/11/2000 57 PROOF OF SERVICE by Plaintiff USA of order [56-2] as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 08/14/2000)

08/17/2000 58 LETTER dated 8/16/00 from Marcus S. Topel from Eugene Burger (bug, COURT STAFF) (Entered: 08/21/2000)

08/17/2000 59 ORDER by Judge Susan Illston DENYING governments motion for leave to file motion for reconsideration [54-1] as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 08/22/2000)

09/14/2000 60 MOTION before Judge Susan Illston for return of property by defendant Eugene Burger and to suppress evidence by defendant Eugene Burger (bug, COURT STAFF) (Entered: 09/15/2000)

09/14/2000 61 MEMORANDUM by defendant Eugene Burger in support of motion for return of property by defendant Eugene Burger [60-1] and motion to suppress evidence by defendant Eugene Burger [60-2] (bug, COURT STAFF) (Entered: 09/15/2000)

09/14/2000 62 DECLARATION by Daniel Beck on behalf of defendant Eugene Burger in support of motion for return of property [60-1] (bug, COURT STAFF) (Entered: 09/15/2000)

09/14/2000 63 DECLARATION by Marcus S. Topel on behalf of defendant Eugene Burger in support of motion for return of property [60-1] (bug, COURT STAFF) (Entered: 09/15/2000)

09/18/2000 64 SEALED document (bug, COURT STAFF) (Entered: 09/19/2000)09/18/2000 65 SEALED document (bug, COURT STAFF) (Entered: 09/19/2000)09/18/2000 66 SEALED document (bug, COURT STAFF) (Entered: 09/19/2000)09/18/2000 67 SEALED document (bug, COURT STAFF) (Entered: 09/19/2000)09/18/2000 68 SEALED document (bug, COURT STAFF) (Entered: 09/19/2000)



09/18/2000 69 SEALED document (bug, COURT STAFF) (Entered: 09/19/2000)10/02/2000 70 STIPULATION and ORDER by Judge Susan Illston re-setting hearing

on motion for return of property by defendant Eugene Burger [60-1] and on motion to suppress evidence by defendant Eugene Burger [60-2] to 11:00am on 10/27/00 (bug, COURT STAFF) (Entered: 10/03/2000)

10/03/2000 71 SEALED document (bug, COURT STAFF) (Entered: 10/04/2000)10/03/2000 72 STIPULATION and ORDER by Judge Susan Illston non party Michael

B Kuimelis is given a two week extention of time to comply with the subpoenas by producing the non privilege documents in possession, custody or control of the above persons; Michael Kuimelis has until 10/13/00 at 10:00am to deliver any objections, privilege log and documents to the above court as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 10/04/2000)

10/05/2000 73 SEALED document (bug, COURT STAFF) (Entered: 10/06/2000)10/13/2000 74 SEALED document (bug, COURT STAFF) (Entered: 10/17/2000)10/13/2000 79 NOTICE of compliance with subpoenas and expedited motion for order

protecting privacy related to personal tax records by non-party Michael B Kumelis as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 10/17/2000)

10/16/2000 75 SEALED document (bug, COURT STAFF) (Entered: 10/17/2000)10/16/2000 76 SEALED document (bug, COURT STAFF) (Entered: 10/17/2000)10/16/2000 77 SEALED document (bug, COURT STAFF) (Entered: 10/17/2000)10/16/2000 78 SEALED document (bug, COURT STAFF) (Entered: 10/17/2000)10/17/2000 80 NOTICE OF HEARING on request for order protecting privacy related

to personal tax records by non-party Michael B. Kuimelis as to defendant Eugene Burger to be held on 11/3/00 at 11:00am (bug, COURT STAFF) (Entered: 10/23/2000)

10/18/2000 81 NOTICE of entry of stipulation and order extending time to respond to subpoenas by non-party Michael B. Kumelis as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 10/23/2000)

10/20/2000 82 OPPOSITION by Plaintiff USA to motion for return of property by defendant Eugene Burger [60-1] (bug, COURT STAFF) (Entered: 10/25/2000)

10/20/2000 83 DECLARATION by Anne-Christine Massullo on behalf of Plaintiff USA re motion response [82-1] as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 10/25/2000)

10/24/2000 84 STATEMENT of non opposition to Kuimels motion for order protecting privacy relating to personal tax records by defendant Eugene Burger (bug, COURT STAFF) (Entered: 10/25/2000)



10/25/2000 85 ORDER by Judge Susan Illston GRANTING motion for order protecting privacy related to personal tax records as to Michael Kuemilis as to defendant Eugene Burger ; Michael Kuemilis is to deliver his personal tax records for the years 1995 through 1999 bearing Bates stamp numbers 0001-0338; Eugene Burger and his counsel are hereby ORDERED hat these documents shall only be used in the above captioned case and that they shall not be disclosed or used for any other purpose (bug, COURT STAFF) (Entered: 10/31/2000)

10/31/2000 86 SEALED document (bug, COURT STAFF) (Entered: 11/03/2000)11/09/2000 87 SEALED document (bug, COURT STAFF) (Entered: 11/14/2000)11/22/2000 88 SECOND DECLARATION by Marcus S. Topel on behalf of defendant

Eugene Burger in support of motion for return of property [60-1] and motion to suppress evidence by defendant Eugene Burger [60-2] (bug, COURT STAFF) (Entered: 11/28/2000)

11/22/2000 89 REPLY by defendant Eugene Burger to opposition to motion for return of property by defendant Eugene Burger [60-1], motion to suppress evidence by defendant Eugene Burger [60-2] (bug, COURT STAFF) (Entered: 11/28/2000)

11/29/2000 90 STIPULATION and ORDER by Judge Susan Illston re-setting hearing on motion for return of property [60-1] and on motion to suppress evidence by defendant Eugene Burger [60-2] to 3:30pm on 12/12/00 (bug, COURT STAFF) (Entered: 11/30/2000)

12/06/2000 91 EX PARTE MOTION before Judge Susan Illston by defendant Eugene Burger for order authorizing issuance of subpoenas duces tecum returnable in avance of trial (bug, COURT STAFF) (Entered: 12/08/2000)

12/08/2000 92 EXHIBIT list by Plaintiff USA as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 12/13/2000)

12/08/2000 93 DESIGNATION OF WITNESS(ES) submitted by Plaintiff USA as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 12/13/2000)

12/08/2000 94 TRIAL Memorandum by Plaintiff USA for Eugene Burger (bug, COURT STAFF) (Entered: 12/13/2000)

12/08/2000 95 VOIR DIRE submitted by defendant Eugene Burger and request for limited voir dir by counsel following the voir dir conducted by the court or alternatively for the submission of additional questions to prospectie jurors (bug, COURT STAFF) (Entered: 12/13/2000)

12/08/2000 96 DECLARATION by Marcus S. Topel on behalf of defendant Eugene Burger re voir dire [95-1] (bug, COURT STAFF) (Entered: 12/13/2000)

12/11/2000 97 ORDER by Judge Susan Illston authorizing issuance of subpoenas duces tecum returnable in advance of trial as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 12/18/2000)



12/12/2000 98 MINUTES: filed on 12/13/00 before Judge Susan Illston; second pre-trial conference will be held 3:30am on 1/9/01 for Eugene Burger; Jury trial set for 8:30am on 1/16/01 for Eugene Burger before Judge Susan Illston ; the motion for return of property [60-1] and motion to suppress evidence by defendant Eugene Burger [60-2] is submitted (C/R: J. Thompson) (bug, COURT STAFF) (Entered: 12/18/2000)


12/20/2000 100 SUPERSEDING indictment Eugene Burger (1) count(s) 1s-3s, 4s-6s, 7s-12s, 13s (bug, COURT STAFF) (Entered: 12/27/2000)

12/22/2000 101 SEALED document (bug, COURT STAFF) (Entered: 12/29/2000)12/26/2000 102 MOTION before Judge Susan Illston by defendant Eugene Burger for

sanctions for violation of expert disclosure requirements of Rule 16 FRCrP (bug, COURT STAFF) (Entered: 01/02/2001)

12/26/2000 103 MEMORANDUM by defendant Eugene Burger in support of motion for sanctions for violation of expert disclosure requirements of Rule 16 FRCrP [102-1] (bug, COURT STAFF) (Entered: 01/02/2001)

12/26/2000 104 INITIAL NON-GOVERNMENT EXPERT DESIGNATION OF WITNESS(ES) submitted by Plaintiff USA as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/02/2001)

12/28/2000 105 OPPOSITION by Plaintiff USA to motion for sanctions for violation of expert disclosure requirements of Rule 16 FRCrP [102-1] as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/02/2001)

12/28/2000 106 SUPPLEMENTAL DESIGNATION OF WITNESS(ES) submitted by Plaintiff USA as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/02/2001)

12/29/2000 107 EXEMPLARY EXHIBITS to US supplemental expert witness disclosure list [106-1] as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/02/2001)

12/29/2000 108 MOTION before Judge Susan Illston by USA as to defendant Eugene Burger to exclude Dan Beck as a witness at trial or alternatively disqualify him as corporate counsel for purpose of trial and to compel production of documents and opposition to motion for return of property (bug, COURT STAFF) (Entered: 01/02/2001)

01/02/2001 109 REPLY by defendant Eugene Burger to opposition to motion for sanctions for violation of expert disclosure requirements of Rule 16 FRCrP [102-1] (bug, COURT STAFF) (Entered: 01/03/2001)

01/02/2001 110 PRELIMINARY RESPONSE by defendant Eugene Burger to court motion to disqualify Daniel Beck (bug, COURT STAFF) (Entered: 01/03/2001)

01/03/2001 111 MINUTES: filed on 01/03/01 before Judge Susan Illston: GRANTING



IN PART motion for sanctions for violation of expert disclosure requirements of Rule 16 FRCrP [102-1] 2nd pre-trial conference is re-set to 10:00am on 1/17/01 for Eugene Burger; Jury trial re-set for 8:30am on 1/22/01 for Eugene Burger before Judge Illston (C/R: J. Thompson) (bug, COURT STAFF) (Entered: 01/08/2001)

01/03/2001 112 ORDER by Judge Susan Illston: for the foregoing reasons the Court DEFERS RULING on the governments motion to exclude attorney Dan Beck as a trial witness pending further briefing; GRANTS IN PART defendants motion concerning expert disclosure and GRANTS a trial continuance to 01/22/01 (bug, COURT STAFF) (Entered: 01/08/2001)

01/03/2001 113 JURY REQUEST Sheet as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/08/2001)

01/05/2001 114 FURTHER SUPPLEMENTAL expert witness disclosure by Plaintiff USA [99-1] as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/10/2001)

01/08/2001 115 SUPPLEMENTAL NON GOVERNMENT expert witness disclosure by Plaintiff USA as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/10/2001)

01/08/2001 116 REPLY by Plaintiff USA to opposition to motion to exclude Dan Beck as a witness at trial or alternatively disqualify him as corporate counsel for purpose of trial [108-1] as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/10/2001)

01/08/2001 117 OPPOSITION by defendant Eugene Burger to motion to exclude Dan Beck as a witness at trial or alternatively disqualify him as corporate counsel for purpose of trial [108-1], motion to compel production of documents [108-2] (bug, COURT STAFF) Modified on 02/20/2001 (Entered: 01/10/2001)

01/08/2001 118 SECOND DECLARATION by Daniel Beck on behalf of defendant Eugene Burger in support of motion for return of property [60-1] (bug, COURT STAFF) (Entered: 01/10/2001)

01/08/2001 119 EX PARTE APPLICATION by defendant Eugene Burger to file declaration of Marcus S. Topel re offer of proof under seal (bug, COURT STAFF) (Entered: 01/10/2001)

01/08/2001 120 DECLARATION by Marcus S. Topel on behalf of defendant Eugene Burger in support of application [119-1] (bug, COURT STAFF) (Entered: 01/10/2001)

01/08/2001 121 ORDER by Judge Susan Illston defendants application is granted and the clerk is directed to file under seal the declaration of Marcus S. Topel as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/10/2001)

01/08/2001 122 SEALED document (bug, COURT STAFF) (Entered: 01/10/2001)01/08/2001 123 AMENDED REPLY by Plaintiff USA to preliminary opposition to

exclude testimony of Dan Beck to disqualify or for alternative remedies



as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/11/2001)

01/09/2001 124 EX PARTE APPLICATION for leave to file motion in limine in excess of 25 pages by defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/11/2001)

01/09/2001 RECEIVED Proposed Order (defendant Eugene Burger) (bug, COURT STAFF) (Entered: 01/11/2001)

01/09/2001 125 NOTICE OF MOTION IN LIMINE by defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/11/2001)

01/09/2001 126 MOTION before Judge Susan Illston in limine re: civil statutes, rules regulations, Hud Contracts and other documents by defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/11/2001)

01/09/2001 127 EXHIBITS A, B, and C in support of motion in limine re: civil statutes, rules regulations, Hud Contracts and other documents by defendant Eugene Burger [126-1] (bug, COURT STAFF) (Entered: 01/11/2001)

01/09/2001 128 NOTICE OF MOTION IN LIMINE by defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/11/2001)

01/09/2001 129 MOTION before Judge Susan Illston in limine Malnik Fees, Project Conditions, consulting fees, and ethical violations by defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/11/2001)

01/10/2001 130 TABLE OF CONTENTS AND CASES OF AUTHORITIES by defendant Eugene Burger in support of motion in limine re: civil statutes, rules regulations, Hud Contracts and other documents by defendant Eugene Burger [126-1] (bug, COURT STAFF) (Entered: 01/16/2001)

01/10/2001 145 ORDER by Judge Susan Illston based on defendant's ex parte application the Court HEREBY grants defendant leave to file defendant's motion in Limine re civil statutes, rules, regulations, HUD contracts and other documents not to exceed fourty pages as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/23/2001)

01/12/2001 131 JURY INSTRUCTIONS submitted by defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/17/2001)


01/12/2001 133 TRIAL Memorandum by Plaintiff USA for Eugene Burger (bug, COURT STAFF) (Entered: 01/18/2001)


01/12/2001 135 MINUTES: filed on 01/16/01 before Judge Susan Illston; status hearing will be held at 10:00am on 1/17/01 for Eugene Burger before Judge Susan Illston (C/R: n/a); due to an urgent family matter the government requested that the trial be continued (bug, COURT STAFF) (Entered:



01/18/2001)01/16/2001 136 MINUTES: filed on 01/16/01 before Judge Susan Illston; 2nd pre-trial

conference will be held 10:00am on 1/25/01 for Eugene Burger; Jury trial is continued to 8:30am on 2/5/01 for Eugene Burger before Judge Susan Illston (C/R: Kathy Wyatt) (bug, COURT STAFF) (Entered: 01/18/2001)

01/16/2001 139 SEALED document (bug, COURT STAFF) (Entered: 01/19/2001)01/16/2001 140 SEALED document (bug, COURT STAFF) (Entered: 01/19/2001)01/16/2001 141 SEALED document (bug, COURT STAFF) (Entered: 01/19/2001)01/16/2001 142 SEALED document (bug, COURT STAFF) (Entered: 01/19/2001)01/16/2001 143 SEALED document (bug, COURT STAFF) (Entered: 01/19/2001)01/17/2001 137 ORDER by Judge Susan Illston to exclude time from 01/16/01 to

02/05/01 as to defendant Eugene Burger (cc: all counsel) (bug, COURT STAFF) (Entered: 01/18/2001)

01/17/2001 138 ORDER by Judge Susan Illston GRANTING motion for return of property by defendant Eugene Burger [60-1]; GRANTING IN PART AND DENYING IN PART motion to exclude Dan Beck as a witness at trial or alternatively disqualify him as corporate counsel for purpose of trial [108-1]; DENYING motion to compel production of documents [108-2] as to defendant Eugene Burger (cc: all counsel) (bug, COURT STAFF) (Entered: 01/18/2001)

01/17/2001 146 ORDER by Judge Susan Illston having carefully considered defendants motion and all supporting papers the court finds defendant has not demonstrated sufficient need for the protective order; defendants ex parte motion re: discovery is DENIED as to defendant Eugene Burger (cc: all counsel) (bug, COURT STAFF) (Entered: 01/23/2001)

01/18/2001 147 PROOF OF SERVICE by Plaintiff USA of order [137-2] as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/23/2001)

01/19/2001 144 OPPOSITION by Plaintiff USA to motion in limine re: civil statutes, rules regulations, Hud Contracts and other documents by defendant Eugene Burger [126-1] (bug, COURT STAFF) (Entered: 01/23/2001)

01/19/2001 148 MOTION before Judge Susan Illston by defendant Eugene Burger in limine: (1) Bruner Letter; (2) Lakeview Apartments; (3) Other HUD Projects (bug, COURT STAFF) (Entered: 01/23/2001)

01/19/2001 149 MEMORANDUM by defendant Eugene Burger in support of motion in limine: (1) Bruner Letter; (2) Lakeview Apartments; (3) Other HUD Projects [148-1] (bug, COURT STAFF) (Entered: 01/23/2001)

01/19/2001 150 EXPERT WITNESS(ES) LIST submitted by defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/23/2001)

01/19/2001 151 PROPOSED JURY INSTRUCTIONS submitted by Plaintiff USA as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/23/2001)



01/19/2001 152 OPPOSITION by Plaintiff USA to motion in limine Malnik Fees, Project Conditions, consulting fees, and ethical violations by defendant Eugene Burger [129-1] (bug, COURT STAFF) (Entered: 01/23/2001)

01/22/2001 156 SEALED document (bug, COURT STAFF) (Entered: 01/25/2001)01/22/2001 157 SEALED document (bug, COURT STAFF) (Entered: 01/25/2001)01/22/2001 158 SEALED document (bug, COURT STAFF) (Entered: 01/25/2001)01/22/2001 159 SEALED document (bug, COURT STAFF) (Entered: 01/25/2001)01/22/2001 160 SEALED document (bug, COURT STAFF) (Entered: 01/25/2001)01/22/2001 161 SEALED document (bug, COURT STAFF) (Entered: 01/25/2001)01/23/2001 153 REPLY by defendant Eugene Burger to opposition to motion in limine

re: civil statutes, rules regulations, Hud Contracts and other documents by defendant Eugene Burger [126-1] (bug, COURT STAFF) (Entered: 01/24/2001)

01/23/2001 154 REPLY by defendant Eugene Burger to opposition to motion in limine Malnik Fees, Project Conditions, consulting fees, and ethical violations by defendant Eugene Burger [129-1] (bug, COURT STAFF) (Entered: 01/24/2001)

01/23/2001 155 OPPOSITION by Plaintiff USA to as to defendant Eugene Burger jury [131-1] (bug, COURT STAFF) (Entered: 01/24/2001)

01/23/2001 162 MOTION before Judge Susan Illston by USA for order to require defendants compliance with Rule 16(b)(C) re: expert witness disclosures and to exclude testimony as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/25/2001)

01/24/2001 163 OPPOSITION by Plaintiff USA to motion in limine: (1) Bruner Letter; (2) Lakeview Apartments; (3) Other HUD Projects [148-1] as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/29/2001)

01/24/2001 164 SUPPLEMENTAL EXHIBIT to United States opposition to defendants motion in limine [163-1] as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 01/29/2001)

01/24/2001 165 PRELIMINARY OPPOSITION by defendant Eugene Burger to motion by USA for order to require defendants compliance with Rule 16(b)(C) re: expert witness disclosures and to exclude testimony [162-1] (bug, COURT STAFF) (Entered: 01/29/2001)

01/24/2001 166 PRELIMINARY RESPONSE by defendant Eugene Burger to governments opposition to proposed jury instructions [155-1] (bug, COURT STAFF) (Entered: 01/29/2001)

01/25/2001 167 MOTION before Judge Susan Illston by USA as to defendant Eugene Burger for order authorizing issuance of subpoenas duces tecum returnable in advance of trial (bug, COURT STAFF) (Entered: 01/29/2001)




01/25/2001 170 ORDER by Judge Susan Illston authorizing issuance of subpoenas duces tecum returnable in advance of trial as to defendant Eugene Burger (cc: all counsel) (bug, COURT STAFF) (Entered: 01/30/2001)

01/25/2001 Docket Modification (Administrative) to order [170-2] granting motion for order authorizing issuance of subpoenas duces tecum returnable in avance of trial [91-1] (bug, COURT STAFF) (Entered: 01/31/2001)

01/25/2001 171 ORDER by Judge Susan Illston granting in part and denying in part motion in limine: (1) Bruner Letter; (2) Lakeview Apartments; (3) Other HUD Projects [148-1], granting in part and denying in part motion in limine Malnik Fees, Project Conditions, consulting fees, and ethical violations by defendant Eugene Burger [129-1] in-court hearing will be held at 2:00pm on 1/30/01 for Eugene Burger before Judge Susan Illston (bug, COURT STAFF) (Entered: 01/31/2001)

01/25/2001 172 MINUTES: filed on 01/30/01 before Judge Susan Illston; pre-trial conference held; Jury trial set for 8:30am on 2/5/01 for Eugene Burger; arguments on motions and jury instructions will be held at 2:00pm on 1/30/01 for Eugene Burger before Judge Susan Illston (C/R: Leo Mankiewicz) (bug, COURT STAFF) (Entered: 02/01/2001)

01/25/2001 173 AMENDED MINUTES: filed on 01/31/01 before Judge Susan Illston; Jury trial set for 8:30am on 2/5/01 for Eugene Burger; for argument on motions and jury instructions will be held at 2:00pm on 1/30/01 for Eugene Burger before Judge Susan Illston (C/R: Leo Mankiewicz) (bug, COURT STAFF) (Entered: 02/01/2001)

01/26/2001 169 FURTHER RESPONSE by defendant Eugene Burger to government's opposition to proposed jury instructions (bug, COURT STAFF) (Entered: 01/29/2001)

01/29/2001 174 REQUEST by defendant Eugene Burger for (1) clarification of HUD evidence in limine order; (2) rulings on undecided grounds for HUD evidence in limine motion and (3) pretrial examination of government's witnesses to assure testimonial limitations on HUD evidence (bug, COURT STAFF) (Entered: 02/01/2001)

01/29/2001 175 REQUESTED LIMITING INSTRUCTIONS by defendant Eugene Burger (bug, COURT STAFF) (Entered: 02/01/2001)

01/29/2001 176 MOTION before Judge Susan Illston by defendant Eugene Burger in limine to exclude Kumelis' handwritten notes (bug, COURT STAFF) (Entered: 02/01/2001)

01/29/2001 177 MOTION before Judge Susan Illston by defendant Eugene Burger in limine to exclude O'Leary's testimony to one-side of telephone conversation (bug, COURT STAFF) (Entered: 02/01/2001)

01/29/2001 178 MOTION before Judge Susan Illston by defendant Eugene Burger in limine to exclude government exhibits 46 through 51 (bug, COURT



STAFF) (Entered: 02/01/2001)01/29/2001 179 REPLY by defendant Eugene Burger to opposition to motion in limine

re: Lakeview Apartments (bug, COURT STAFF) (Entered: 02/01/2001)01/29/2001 180 OPPOSITION by defendant Eugene Burger to motion by USA for order

to require defendants compliance with Rule 16(b)(C) re: expert witness disclosures and to exclude testimony as to defendant Eugene Burger [162-1] (bug, COURT STAFF) (Entered: 02/01/2001)


01/29/2001 182 FURTHER OPPOSITION by Plaintiff USA to as to defendant Eugene Burgers jury instructions [131-1] (bug, COURT STAFF) (Entered: 02/01/2001)

01/31/2001 183 ORDER by Judge Susan Illston GRANTING defendants motion to exclude testimony relating to Lakeview Apartments by an unidentified FPI employee and two limited partners and DENYING the governments motion to exclude defendants HUD expert James Tahash as to defendant Eugene Burger (cc: all counsel) (bug, COURT STAFF) (Entered: 02/05/2001)

01/31/2001 184 ORDER by Judge Susan Illston to clarify the order of 01/25/01; pursuant to the foregoing discussion the Court clarifies its Order of 01/25/01 and DENIES defendants request for a hearing for as to defendant Eugene Burger (cc: all counsel) (bug, COURT STAFF) (Entered: 02/05/2001)

01/31/2001 185 SUPPLEMENT by defendant Eugene Burger: limiting instructions re: handbooks in general and Handbook 6.43 in particular (bug, COURT STAFF) (Entered: 02/05/2001)

01/31/2001 186 SUPPLEMENTAL LIMITING INSTRUCTIONS by defendant Eugene Burger re: handbook in general and handbook 6.43 in particular (bug, COURT STAFF) (Entered: 02/06/2001)

01/31/2001 187 SUPPLEMENTAL EXPERT DISCLOSURE AS TO James Carter by defendant Eugene J. Burger (bug, COURT STAFF) (Entered: 02/06/2001)

02/01/2001 188 ORDER by Judge Susan Illston: the United States contractor Advanced Courtroom Technology shall be permitted to install computer monitors and equipment in Courtroom 4 beginning on 02/01/01 for trial (bug, COURT STAFF) (Entered: 02/06/2001)

02/01/2001 189 OPPOSITION by Plaintiff USA ito defendants emergency motion and motion to reconsideration ruling on good faith instructions as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 02/06/2001)


02/02/2001 191 REPLY by defendant Eugene Burger in support of emergency motion for



clarification of 01/31/01 order [189-1] (bug, COURT STAFF) (Entered: 02/06/2001)

02/02/2001 192 FURTHER OPPOSITION by Plaintiff USA to defendants emergency motion to as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 02/06/2001)

02/02/2001 201 MINUTES: filed on 2/6/01 before Judge Susan Illston; (C/R: D.Disbrow); defendants emergency motion for clarification (bug, COURT STAFF) (Entered: 02/09/2001)

02/05/2001 193 PROPOSED STATEMENT of facts to be read to the jury by Plaintiff USA as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 02/06/2001)

02/05/2001 194 EMERGENCY MOTION before Judge Susan Illston by defendant Eugene Burger for clarification of 01/31/01 order (bug, COURT STAFF) (Entered: 02/06/2001)

02/05/2001 195 PROPOSED STATEMENT of facts to the jury by defendant Eugene Burger (bug, COURT STAFF) (Entered: 02/06/2001)

02/05/2001 196 MOTION before Judge Susan Illston by defendant Eugene Burger in limine testimony of EBMC employees and accountants (bug, COURT STAFF) (Entered: 02/06/2001)

02/05/2001 197 EXHIBIT list by defendant Eugene Burger (bug, COURT STAFF) (Entered: 02/06/2001)

02/05/2001 198 EVIDENTIARY STIPULATION of the United States and defendant re: business records as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 02/06/2001)

02/05/2001 199 FIRST SUPPLEMENTAL DESIGNATION OF WITNESS(ES) submitted by Plaintiff USA as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 02/06/2001)

02/05/2001 200 ORDER by Judge Susan Illston PRELIMINARY STATEMENT TO JURY as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 02/06/2001)

02/05/2001 202 MINUTES: filed on 2.5.01 before Judge Susan Illston; voir dire begins ; jury impaneled ; Jury trial began (C/R: Sahar Demos) (bug, COURT STAFF) (Entered: 02/09/2001)

02/06/2001 203 MINUTES: filed on 2.6.01 before Judge Susan Illston; (C/R: Sahar Demos); counsel provided opening statements; trial testimony was provided by the following winess: Beverly G. Miller (bug, COURT STAFF) (Entered: 02/09/2001)

02/07/2001 204 MINUTES: filed on 2.8.01 before Judge Susan Illston; (C/R: Sahar Demos): testimony: 1) Beverly G. Miller - continued; 2) Marcelene Wolford; 3) Maureen Stoub (bug, COURT STAFF) (Entered: 02/09/2001)



02/08/2001 205 MINUTES: filed on 2.8.01 before Judge Susan Illston; (C/R: Sahar Demos); 1) Maureen Stoub - continued; 2) Elizabeth Leep; 3) William Harrison and 4) Kristi L. Wells (bug, COURT STAFF) (Entered: 02/09/2001)

02/12/2001 206 MINUTES: filed on 2/14/01 before Judge Susan Illston; (C/R: Sahar Demos); trial testimony was provided by the following witnesses: 1) Kristi L. Wells (continued); 2) Boyd Buxton (bug, COURT STAFF) (Entered: 02/16/2001)

02/13/2001 207 MINUTES: filed on 2/14/01 before Judge Susan Illston; (C/R: Sahar Deoms); trial testimony was provided by the following witnesses: 1)Clarence White; 2) Kathleen Lucey aka OLeary (bug, COURT STAFF) (Entered: 02/16/2001)

02/14/2001 208 MINUTES: filed on 2/14/01 before Judge Susan Illston; (C/R: Sahar Demos); trial testimony was provided by the following witnesses: 1) Kathleen Lucey aka OLeary (bug, COURT STAFF) (Entered: 02/16/2001)


02/15/2001 210 MINUTES: filed on 2.15.01 before Judge Susan Illston; (C/R: Sahar Demos); trial testimony was provided by the following witness: 1) Michael Kumelis (bug, COURT STAFF) (Entered: 02/16/2001)

02/20/2001 211 MINUTES: filed on 2.22.01 before Judge Susan Illston; (C/R: Raynee Mercado); trial testimony was provided by the following witnesses: 1) Michael Kumelis (continued); 2) Gerald J. Sullivan (bug, COURT STAFF) (Entered: 02/28/2001)

02/21/2001 212 MINUTES: filed on 2.22.01 before Judge Susan Illston; (C/R: Raynee Mercado); trial testimony was provided by the following witnesses: 1) Michael Kumelis (continued) 2) Karen Christopher; 3) William R. Stephenson (bug, COURT STAFF) (Entered: 02/28/2001)

02/26/2001 213 REPORTERS TRANSCRIPT; Date of proceedings: 2.13.01 (C/R: Sahar Demos) minutes [207-1] as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 03/01/2001)

02/26/2001 215 EX PARTE APPLICATION by Plaintiff USA as to defendant Eugene Burger for immunity order (bug, COURT STAFF) (Entered: 03/01/2001)

02/26/2001 216 ORDER by Judge Maxine M. Chesney that Kathleen Marie Lacey shall testify under oath and provide other information including documents during the trial in this matter; the testimony and other information compelled from Kathleen Marie Lucey pursuant to this order may not be used against her in any criminal case to defendant Eugene Burger (bug, COURT STAFF) (Entered: 03/01/2001)

02/27/2001 214 LETTER dated 2.23.01 from Stephen P. Freccero counsel for Michael B. Kuimelis as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 03/01/2001)



02/27/2001 217 EXHIBITS by witness Ms. OLeary as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 03/05/2001)

02/27/2001 218 EXHIBITS: pictures of trial witnesses as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 03/05/2001)


02/27/2001 220 TRIAL Sheet and jury attendance record as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 03/05/2001)

02/27/2001 221 EXHIBIT list by defendant Eugene Burger (bug, COURT STAFF) (Entered: 03/05/2001)

02/27/2001 222 SETTLEMENT AGREEMENT by Plaintiff USA as to defendant Eugene Burger (bug, COURT STAFF) (Entered: 03/05/2001)

02/27/2001 223 ORDER by Judge Susan Illston dismissing case as to Eugene Burger (1) count(s) 1s-3s, 1-3, 4s-6s, 4 -6, 7s-12s, 7-12 13s; dismissed on governments motion WITH PREJUDICE ; terminating case (bug, COURT STAFF) (Entered: 03/05/2001)

02/27/2001 224 MINUTES: filed on 2.27.01 before Judge Susan Illston; (C/R: Sahar Demos); the government dismissed the charges against this defendant; (see settlement & dismissal of charges filed on this day); all exhibits shall be returned to counsel; the defendants bond has been exonerated (bug, COURT STAFF) (Entered: 03/05/2001)



05/02/2001 227 REPORTERS TRANSCRIPT; Date of proceedings: 2/27/1 ( C/R: Sahar Demos) re: jury trial and testimony of Kathleen OLeary and immunity order to compel testimony (klh, COURT STAFF) (Entered: 05/03/2001)

05/02/2001 228 REPORTERS TRANSCRIPT; Date of proceedings: 2/6/1 re: jury trial ( C/R: Sahar Demos) (klh, COURT STAFF) (Entered: 05/03/2001)

05/02/2001 229 SEALED document by USA as to Eugene Burger (klh, COURT STAFF) (Entered: 05/04/2001)

05/02/2001 230 SEALED document by USA as to Eugene Burger (klh, COURT STAFF) (Entered: 05/04/2001)

05/09/2001 231 Notice of Motion and MOTION before Judge Susan Illston by Eugene Burger for sanctions against the govt for discovery violations , and for evidentiary hearing (klh, COURT STAFF) (Entered: 05/09/2001)

05/09/2001 232 MEMORANDUM by Eugene Burger in support of motion for sanctions



against the govt for discovery violations and motion for evidentiary hearing [231-2] (klh, COURT STAFF) (Entered: 05/09/2001)

05/17/2001 233 STIPULATION and ORDER by Judge Susan Illston resetting hearing on motion for sanctions against the govt for discovery violations [231-1] to 11:00 6/8/01, resetting hearing on motion for evidentiary hearing [231-2] to 11:00 6/8/01 all pending motions will be heard by 11:00 6/8/01 for Eugene Burger before Judge Susan Illston (klh, COURT STAFF) (Entered: 05/18/2001)

06/01/2001 234 MEMORANDUM by USA in opposition to motion for sanctions against the govt for discovery violations [231-1] as to Eugene Burger (klh, COURT STAFF) (Entered: 06/04/2001)

06/01/2001 235 DECLARATION in opposition by Jeffrey L. Bornstein on behalf of USA re motion for sanctions against the govt for discovery violations [231-1] as to Eugene Burger (klh, COURT STAFF) (Entered: 06/04/2001)

06/01/2001 236 DECLARATION by HUD Auditor Jody Kitazono on behalf of USA re motion for sanctions against the govt for discovery violations [231-1] as to Eugene Burger (klh, COURT STAFF) (Entered: 06/04/2001)

06/01/2001 237 ORDER by Judge Susan Illston case is related to CR 01-196 SI as to Eugene Burger (klh, COURT STAFF) (Entered: 06/04/2001)

06/07/2001 238 REPLY IN SUPPORT by Eugene Burger re motion for sanctions against the govt for discovery violations [231-1], re motion for evidentiary hearing [231-2] (klh, COURT STAFF) (Entered: 06/07/2001)

06/08/2001 239 MINUTES: filed on 6/11/1 before Judge Susan Illston ; all pending motions (dfts mot/sanctions & for evid hrg) heard before Judge Susan Illston as to Eugene Burger ( C/R: D. Pas) (klh, COURT STAFF) (Entered: 06/12/2001)

06/12/2001 240 ORDER by Judge Susan Illston denying motion for sanctions against the govt for discovery violations [231-1] as to Eugene Burger (klh, COURT STAFF) (Entered: 06/13/2001)

06/29/2001 241 REPORTERS TRANSCRIPT; Date of proceedings: 6/8/01 ( C/R: Debra Pas) minutes [239-2] as to Eugene Burger (rhw, COURT STAFF) (Entered: 07/02/2001)

07/09/2001 242 REPORTERS TRANSCRIPT; Date of proceedings: 2/7/01 ( C/R: Sahar Demos) minutes [204-1] as to Eugene Burger (rhw, COURT STAFF) (Entered: 07/10/2001)





01/02/2002 245 REPORTERS TRANSCRIPT; Date of proceedings: June 15, 2000 ( C/R: Katherine Pope Wyatt) minutes [52-2] as to defendant Eugene Burger (rl, COURT STAFF) (Entered: 01/03/2002)

01/16/2002 246 REPORTERS TRANSCRIPT; Date of proceedings: January 25, 2001 ( C/R: Leo T. Mankiewicz) minutes [173-2] as to defendant Eugene Burger (rl, COURT STAFF) (Entered: 01/17/2002)

01/22/2002 247 REPORTERS TRANSCRIPT; Date of proceedings: December 12, 2000 ( C/R: Judith N. Thomsen) minutes [98-2] as to defendant Eugene Burger (rl, COURT STAFF) (Entered: 01/22/2002)

03/08/2002 248 MOTION, before Judge Susan Illston, by USA, as to defendant Eugene Burger to enforce terms of settlement and for other relief. (rl, COURT STAFF) (Entered: 03/11/2002)

03/08/2002 249 DECLARATION by Helen Sparks on behalf of USA in support of motion to enforce terms of settlement and for other relief. [248-1] (rl, COURT STAFF) (Entered: 03/11/2002)

03/08/2002 250 DECLARATION by AUSA Anne-Christine Massullo on behalf of USA in support of motion to enforce terms of settlement and for other relief. [248-1] (rl, COURT STAFF) (Entered: 03/11/2002)

03/18/2002 251 LETTER dated 3/15/2 to Judge Illston re motions date from Marcus S. Topel as to defendant Eugene Burger (lsk, COURT STAFF) (Entered: 03/19/2002)

03/22/2002 252 STIPULATION and ORDER, by Judge Susan Illston, Motions hearing is set for 11:00 a.m. on 3/29/02 for Eugene Burger, before Judge Susan Illston. (rl, COURT STAFF) (Entered: 03/26/2002)

03/22/2002 253 OPPOSITION by Eugene Burger to motion to enforce terms of settlement and for other relief. [248-1] (rl, COURT STAFF) (Entered: 03/26/2002)

03/22/2002 254 DECLARATION by Robert Stephenson on behalf of defendant Eugene Burger in support of opposition [253-1]. (rl, COURT STAFF) (Entered: 03/26/2002)

03/22/2002 255 DECLARATION by Daniel F. Cook in support of opposition. [253-1] (rl, COURT STAFF) (Entered: 03/26/2002)

03/26/2002 256 REPLY BRIEF by USA as to defendant Eugene Burger (rl, COURT STAFF) (Entered: 03/27/2002)

03/26/2002 257 DECLARATION by Jeffrey L. Bornstein on behalf of USA in support of reply brief [256-1]. (rl, COURT STAFF) (Entered: 03/27/2002)

03/26/2002 258 DECLARATION by Helen Sparks on behalf of USA in support of reply brief [256-1]. (rl, COURT STAFF) (Entered: 03/27/2002)

03/28/2002 259 DECLARATION by Marcus S. Topel on behalf of Eugene Burger in support of opposition [253-1] (rl, COURT STAFF) (Entered: 03/28/2002)



03/29/2002 260 MINUTES: (filed on 4/1/02) Motions hearing held before Judge Susan Illston. GRANTING motion to enforce terms of settlement and for other relief. [248-1] Court to prepare order. ( C/R: Rosita Flores) (rl, COURT STAFF) (Entered: 04/02/2002)

04/01/2002 261 ORDER, by Judge Susan Illston, GRANTING motion to enforce terms of settlement and for other relief. [248-1] (rl, COURT STAFF) (Entered: 04/02/2002)

04/17/2002 262 LETTER dated April 16, 2002, from AUSA Anne-Christine Massullo re non-compliance of settlement tersm, as to defendant Eugene Burger. (rl, COURT STAFF) (Entered: 04/18/2002)

04/18/2002 263 LETTER dated April 18, 2002 from Marcus S. Topel as to defendant Eugene Burger (rl, COURT STAFF) (Entered: 04/19/2002)

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case docket: eugene j. burger founder of eugene burger management corp (ebmc)

Documents

governments motion18

defendant eugene burger

burger date

court staff

governments motion41

eugene burger jury trial

judge susan illston

lead attorney attorney