APPEAL,CASREF,CLOSED,PROTOR U.S. District Court Western ... · is granted permission to file a supplemental pro se brief, not to exceed 15 pages, within the time−period set by the

APPEAL,CASREF,CLOSED,PROTORU.S. District Court

Western District of Kentucky (Bowling Green)CRIMINAL DOCKET FOR CASE #: 1:13−cr−00029−JHM−HBB−1

Case title: USA v. Faller Date Filed: 08/14/2013Date Terminated: 02/08/2016

Date Filed # Docket Text

01/10/2017 392 USCA OPINION affirming (MANDATE TO ISSUE) re 359 Notice of Appeal, 384Notice of Appeal (CDR) (Entered: 01/10/2017)

10/20/2016 391 USCA ORDER denying renewed motion for release on bail pending appeal re 384Notice of Appeal (JWM) (Entered: 10/20/2016)

05/13/2016 390 ORDER denying 387 Motion to Compel Government to Protect Privileged MaterialSeized in Raid, filed by James S. Faller II, pro se. Signed by Chief Judge Joseph H.McKinley, Jr. on 5/12/2016. cc: Counsel; James Faller (FCI Gilmer) (CDR) (Entered:05/13/2016)

05/09/2016 Remark − Defendant's mailing address updated to FCI Gilmer this date, pursuant toDN 389 . (CDR) (Entered: 05/09/2016)

05/09/2016 389 REPLY TO RESPONSE to Motion by James S. Faller, II, pro se, re 387 MOTION tocompel taint review and prevent intrusion. (Attachments: # 1 envelope) (CDR)(Entered: 05/09/2016)

04/26/2016 388 RESPONSE to Motion by USA as to James S. Faller, II re 387 MOTION to compeltaint review and prevent intrusion Replies due by 5/13/2016. (Attachments: # 1Proposed Order) (Voracek, Thomas) (Entered: 04/26/2016)

04/15/2016 387 MOTION to compel taint review and prevent intrusion by James S. Faller, II.Responses due by 5/2/2016 (Attachments: # 1 Proposed Order Order) (Faller, James)(Entered: 04/15/2016)

04/12/2016 386 USCA NOTICE of Filing letter to CJA appointed counsel re 384 Notice of Appeal(JWM) (Entered: 04/12/2016)

04/12/2016 385 USCA ORDER denying motions for bail pending appeal and to stay the April 15, 2016surrender date. The motion for reconsideration and to proceed pro se is denied. Falleris granted permission to file a supplemental pro se brief, not to exceed 15 pages, withinthe time−period set by the clerk for filing the appellant's brief. Faller is prohibitedfrom filing pro se motions re 359 Notice of Appeal, 384 Notice of Appeal (JWM)(Entered: 04/12/2016)

04/01/2016 USCA Case Number as to James S. Faller, II − #16−5391 for 384 Notice of Appealfiled by James S. Faller, II. (CDR) (Entered: 04/01/2016)

03/31/2016 384 NOTICE OF APPEAL by James S. Faller, II (Faller, James) (Entered: 03/31/2016)

03/28/2016 383 USCA Notice of Filing Letter to CJA Appointed Counsel re 359 Notice of Appeal.(JWM) (Entered: 03/29/2016)

03/28/2016 382 USCA ORDER granting appointed counsel's motion to withdraw. To the extentdefendant seeks leave to proceed pro se, the request is denied re 359 Notice of Appeal(JWM) Modified to edit date filed on 3/29/2016 (JWM). (Entered: 03/29/2016)

03/25/2016 381 ORDER by Chief Judge Joseph H. McKinley, Jr. denying 337 356 Motions for NewTrial and denying 360 Motion for Bond pending appeal as to James S. Faller II (1). cc:Counsel; Defendant, pro se (CDR) (Entered: 03/25/2016)

03/25/2016 380 USCA ORDER denying petition for writs of prohibition and mandamus re 345 USCANOTICE of docketing petition for writs of prohibition and mandamus. (JWM)(Entered: 03/25/2016)

Case: 1:13-cr-00029-JHM-HBB As of: 01/18/2017 10:56 AM EST 1 of 30

03/21/2016 379 SUPPLEMENTAL SEALED REPLY TO SEALED RESPONSE to Motion re 337SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 112 Order,Set/Clear Flags, 162 Order,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4Exhibit) (Faller, James) Modified to edit text and add "supplemental" on 3/22/2016(JWM). (Entered: 03/21/2016)

03/17/2016 378 ORDER granting 376 Motion for Extension of Time to File Reply up to and through3/16/2016, as to James S. Faller II (1). Signed by Chief Judge Joseph H. McKinley, Jr.on 3/16/2016. cc: Counsel; James S. Faller II (CDR) (Entered: 03/17/2016)

03/16/2016 377 REPLY TO RESPONSE to Motion by James S. Faller, II re 356 MOTION for NewTrial based upon newly discovered evidence (Faller, James) (Entered: 03/16/2016)

03/16/2016 376 MOTION for Extension of Time to File Response/Reply as to 361 Response toMotion, 356 MOTION for New Trial based upon newly discovered evidence by JamesS. Faller, II. Responses due by 3/28/2016 (Attachments: # 1 Exhibit Email, # 2Proposed Order) (Faller, James) Modified remove event and to edit event text on3/17/2016 (JWM). (Entered: 03/16/2016)

03/14/2016 375 SEALED REPLY TO SEALED RESPONSE to Motion re 337 SEALED MOTION:Sealed pursuant to PROTECTIVE ORDER re 112 Order, Set/Clear Flags, 162 Order,.(Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit) (Faller,James) (Entered: 03/14/2016)

03/14/2016 374 ORDER by Chief Judge Joseph H. McKinley, Jr. on 3/11/2016 denying 373 Ex ParteSEALED MOTION filed by James S. Faller, II. cc: Counsel; Defendant, pro se (CDR)(Entered: 03/14/2016)

03/11/2016 373 SEALED MOTION: Sealed pursuant to LEAVE OF COURT re 60 Order on Motionto Consider,,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5Exhibit, # 6 Proposed Order) (Faller, James) (Entered: 03/11/2016)

03/10/2016 372 EXHIBIT INVENTORY filed by Dena Legg, Court Reporter, as to SentencingHearing held 1/29/2016. (CDR) (Entered: 03/10/2016)

03/09/2016 371 ORDER granting 370 Motion for Extension of Time to File Reply as to James S.Faller II (1). The Defendant shall file his reply in support of his second motion for newtrial no later than 3/15/2016. Signed by Chief Judge Joseph H. McKinley, Jr. on3/9/2016. cc: Counsel; James S. Faller, II (CDR) (Entered: 03/09/2016)

03/07/2016 370 MOTION for Extension of Time to File Response/Reply as to 361 Response toMotion, 356 MOTION for New Trial based upon newly discovered evidence by JamesS. Faller, II. Responses due by 3/17/2016 (Attachments: # 1 Exhibit Request to govtfor agree exttention, # 2 Exhibit Notice from Lawyer re Sullivan material, # 3Proposed Order) (Faller, James) (Entered: 03/07/2016)

03/03/2016 369 ORDER by Chief Judge Joseph H. McKinley, Jr. granting 362 Motion to ExtendVoluntary Surrender Date as to James S. Faller II (1). The voluntary surrender date isextended to and including 4/15/2016. cc: Counsel; James S. Faller, II; USP (CDR)(Entered: 03/03/2016)

03/02/2016 368 NOTICE OF DOCKET CORRECTION Re:PDF Error: Ex 2 DN 367 documentattached to docket entry by efiler re: 367 Reply to Response to Motion, 366 Responseto Motion ; Correct document attached to this entry. (Attachments: # 1 ExhibitAmbach Letter) (Faller, James) (Entered: 03/02/2016)

03/01/2016 367 REPLY TO RESPONSE to Motion by James S. Faller, II re 362 MOTION ExtendVoluntary Surrender Date (Attachments: # 1 Exhibit Stanziano letter, # 2 ExhibitAmbach Letter, # 3 Exhibit Fax from Judge Russell) (Faller, James) (Attachment 2replaced on 3/3/2016) (JWM). (Entered: 03/01/2016)

02/29/2016 366 RESPONSE to Motion by USA as to James S. Faller, II re 362 MOTION ExtendVoluntary Surrender Date Replies due by 3/17/2016. (Attachments: # 1 ProposedOrder) (Voracek, Thomas) (Entered: 02/29/2016)

02/29/2016 365 RESPONSE to Motion by USA as to James S. Faller, II re 360 MOTION for BondPending Appeal Replies due by 3/17/2016. (Attachments: # 1 Proposed Order)(Gentry, Thomas) (Entered: 02/29/2016)


02/24/2016 364 Notice of Filing Official Transcript re 363 . Please review the complete Notice forinstructions. (DL) (Entered: 02/24/2016)

02/24/2016 363 FILING OF OFFICIAL TRANSCRIPT of Sentencing as to James S. Faller, II held on01/29/16, before Judge Joseph H. McKinley, Jr. Court Reporter Dena Legg, Telephonenumber 502−625−3778. Transcript may be viewed at the court public terminal orpurchased through the Court Reporter before the deadline for Release of TranscriptRestriction. After that date it may be obtained through PACER. Redaction Request due3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of TranscriptRestriction set for 5/27/2016. (DL) (Entered: 02/24/2016)

02/19/2016 362 MOTION Extend Voluntary Surrender Date by James S. Faller, II. Responses due by3/7/2016 (Attachments: # 1 Proposed Order) (Wendelsdorf, Scott) (Entered:02/19/2016)

02/19/2016 361 RESPONSE to Motion by USA as to James S. Faller, II re 356 MOTION for NewTrial based upon newly discovered evidence Replies due by 3/7/2016. (Attachments: #1 Proposed Order) (Voracek, Thomas) (Entered: 02/19/2016)

02/12/2016 USCA Case Number as to James S. Faller, II −− 16−5168 for 359 Notice of Appealfiled by James S. Faller, II. (CDR) (Entered: 02/12/2016)

02/11/2016 360 MOTION for Bond Pending Appeal by James S. Faller, II. Responses due by2/29/2016 (Attachments: # 1 Proposed Order) (Wendelsdorf, Scott) (Entered:02/11/2016)

02/11/2016 359 NOTICE OF APPEAL by James S. Faller, II (Faller, James) (Entered: 02/11/2016)

02/08/2016 358 Statement of Reasons (Sealed) re: 357 Judgment and Commitment. cc:USA/Applicable Counsel (CDR) (Entered: 02/08/2016)

02/08/2016 357 JUDGMENT and COMMITMENT ORDER by Chief Judge Joseph H. McKinley, Jr.on 2/8/2016 as to James S. Faller, II (1) − Imprisoned 36 months as to each of Counts1 and 3 through 7, and 12 months as to each of Counts 8 through 11 (concurrent);Supervised Release 3 years as to each of Counts 3 through 6, and 1 year as to each ofCounts 1 and 7 through 11 (concurrent); SPA $700 (total); Restitution $143,113.00;cc: Counsel, Finance, USA (forf.) (CDR) (Entered: 02/08/2016)

02/05/2016 356 MOTION for New Trial based upon newly discovered evidence by James S. Faller, II.Responses due by 2/22/2016 (Attachments: # 1 Exhibit Faller affidavit re contents ofmissing computer with Mischler email attached, # 2 Exhibit Photo of UPS Envelopesent to Judge Russell April 2008, # 3 Exhibit Series of photos showing box withhidden discovery under flap, # 4 Exhibit Contents of package sent to Judge Russell andreturned in 2008, # 5 Exhibit Second box with discovery hidden uner flap, # 6 Exhibit2005 Sworn statement of Kelly Sullivan, # 7 Exhibit Excerpt of Kelly Sullivan trialtestimony, # 8 Exhibit Kentucky Court of Appeals Opinion, # 9 Proposed Order)(Faller, James) (Entered: 02/05/2016)

02/04/2016 355 ORDER by Chief Judge Joseph H. McKinley, Jr. as to James S. Faller, II. Defendant'smotion to modify a prior Order concerning contacting certain witnesses (DN 347 ) isGRANTED. The Defendant is free to contact John Ambach, Robert Polk and CliffLong. Defendant shall file his Reply in connection with his Motion for New Trial onor before 3/15/2016. cc: Counsel; James S. Faller, II (CDR) (Entered: 02/04/2016)

02/04/2016 354 ORDER OF RESTITUTION by Chief Judge Joseph H. McKinley, Jr. on 2/3/2016 asto James S. Faller, II cc: Counsel; James S. Faller, II; Finance; USA (Forf.) (CDR)(Entered: 02/04/2016)

02/02/2016 352 RESPONSE to Motion by USA as to James S. Faller, II re 347 MOTION ContactWitnesses, Extension to file reply and continue sentencing Replies due by 2/19/2016.(Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered: 02/02/2016)

01/29/2016 353 Proceedings held before Chief Judge Joseph H. McKinley, Jr: Sentencing held on1/29/2016. (Court Reporter − Dena Legg.) (CDR) (Entered: 02/02/2016)

01/29/2016 351 Court's Advice of Right to Appeal and Acknowledgment by James S. Faller, II. (CDR)(Entered: 02/01/2016)


01/28/2016 350 USCA ORDER denying the emergency motion to compel re 345 . The mandamuspetition will be considered at a later date. (JWM) (Entered: 01/28/2016)

01/25/2016 349 OFFICER REVISED FINAL PRESENTENCE INVESTIGATION REPORT(including addendum) as to James S. Faller, II Counsel shall refer to the Court'swebsite:http://www.kywd.uscourts.gov/e−filing Re:How Do I View RestrictedDocuments. (Attachments: # 1 Addendum, # 2 Addendum Supplemental) (cdc)(Entered: 01/25/2016)

01/25/2016 348 ORDER by Chief Judge Joseph H. McKinley, Jr. denying 341 347 Motions toContinue sentencing as to James S. Faller II (1). The government shall respond to theDefendant's request to contact witnesses, and the Defendant may reply, all as providedby local rule. The Defendant's time to file a reply in support of his motion for new trialshall be held in abeyance pending further orders of the Court. cc: Counsel; DefendantFaller (CDR) (Entered: 01/25/2016)

01/22/2016 MOTION for Extension of Time to File Response/Reply re 337 (See DN 347 to viewPDF) Responses due by 2/1/2016 (JWM) Modified to edit text on 1/25/2016 (JWM).(Entered: 01/25/2016)

01/22/2016 347 MOTION Contact Witnesses, Extension to file reply and continue sentencing byJames S. Faller, II. Responses due by 2/8/2016 (Attachments: # 1 Proposed Order, # 2Proposed Order) (Faller, James) (Entered: 01/22/2016)

01/21/2016 346 FINAL PRESENTENCE INVESTIGATION REPORT (including addendum) as toJames S. Faller, II Counsel shall refer to the Court'swebsite:http://www.kywd.uscourts.gov/e−filing Re:How Do I View RestrictedDocuments. (Attachments: # 1 Addendum, # 2 Response by AUSA, FDO, Defendant)(lh) (Entered: 01/21/2016)

01/19/2016 345 USCA NOTICE of docketing petition for writ of mandamus or prohibition, assignedcase number 16−5056. (Attachments: # 1 Petition for Supervisory Writ, Writ ofProhibition, Writ of Mandamus) (CDR) (Entered: 01/20/2016)

01/19/2016 344 SEALED RESPONSE to Sealed Motion re 337 SEALED MOTION: Sealed pursuantto PROTECTIVE ORDER re 112 Order, Set/Clear Flags, 162 Order,. Replies due by2/5/2016. (Attachments: # 1 Exhibit A − Declaration of John W. Ambach, Jr., # 2Proposed Order) (Gentry, Thomas) (Entered: 01/19/2016)

01/19/2016 343 SENTENCING MEMORANDUM for James S. Faller, II by James S. Faller, II.(Wendelsdorf, Scott) (Entered: 01/19/2016)

01/15/2016 342 RESPONSE to Motion by USA as to James S. Faller, II re 341 MOTION to ContinueSentencing hearing set January 29, 2016 Replies due by 2/1/2016. (Attachments: # 1Proposed Order) (Gentry, Thomas) (Entered: 01/15/2016)

01/15/2016 341 MOTION to Continue Sentencing hearing set January 29, 2016 by James S. Faller, II.Responses due by 2/1/2016 (Attachments: # 1 Proposed Order) (Wendelsdorf, Scott)(Entered: 01/15/2016)

01/11/2016 NOTICE OF DOCKET CORRECTION re 340 Notice (Other); Error: Documentshould have been filed as a Sealed Document, pursuant to Protective Order;Correction: Docket entry sealed and text edited accordingly, pursuant to the ProtectiveOrder entered at DN 112 and modified at DN 162 and DN 279 . (CDR) (Entered:01/11/2016)

01/08/2016 340 SEALED DOCUMENT: Sealed pursuant to PROTECTIVE ORDER re 279 Order,162 Order, 112 Protective Order. (Attachments: # 1 Exhibit Sworn Affirmation)(Wendelsdorf, Scott) Modified on 1/8/2016 to SEAL and on 1/11/2016 to edit textaccordingly (CDR). (Entered: 01/08/2016)

01/07/2016 339 ORDER by Chief Judge Joseph H. McKinley, Jr. as to James S. Faller II (1), denying332 Emergency Motion for Temporary Restraining Order and Permanent Injunctionand 333 Motion to Supplement. cc: Counsel; James Faller, pro se (CDR) (Entered:01/07/2016)

01/05/2016 338 REPLY TO RESPONSE to Motion by James S. Faller, II re 332 MOTION Emergencyrestraining order to restrain govt and Carl and Scarlett Devine, 333 MOTION toSupplement emergency motion for restraining order re 332 Motion for Miscellaneous


Relief,, (Faller, James) (Entered: 01/05/2016)

01/04/2016 337 SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 112 Order,Set/Clear Flags, 162 Order,. (Attachments: # 1 Exhibit 1 affidavit, # 2 Exhibit 2affidavit, # 3 Exhibit 3 2006 tax return, # 4 Exhibit 3 2007 tax return, # 5 Exhibit 32008 tax return, # 6 Exhibit 3 2009 tax return, # 7 Exhibit 3 affidavit for returns, # 8Exhibit 4 notice to govt lawyer deceased, # 9 Exhibit 5 Ltr to Def from lawyer, # 10Exhibit 6 Ltr to Ambach, # 11 Exhibit 7 Ltr to bar looking for files, # 12 Exhibit 8Files found, # 13 Exhibit 9 Affidavit custodian of records, # 14 Exhibit 10 Attnyaffidavit, # 15 Exhibit 11 Affidavit, # 16 Exhibit 12 Affidavit, # 17 Proposed Order)(Faller, James) (Entered: 01/04/2016)

12/21/2015 336 RESPONSE to Motion by USA as to James S. Faller, II re 332 MOTION Emergencyrestraining order to restrain govt and Carl and Scarlett Devine Replies due by1/7/2016. (Attachments: # 1 Exhibit A Corporate Filings with Secretary of State, # 2Proposed Order) (Gentry, Thomas) (Entered: 12/21/2015)

12/11/2015 335 NOTICE of filing transcripts re 333 MOTION, 332 MOTION Emergency restrainingorder to restrain govt and Carl and Scarlett Devine, 333 MOTION to Supplementemergency motion for restraining order re 332 Motion for Miscellaneous Relief,,(Attachments: # 1 Exhibit Transcript of Phone call 1, # 2 Exhibit Transcript of Phonecall 2, # 3 Exhibit Transcript of Deposition) (Faller, James) Modified to edit links on12/14/2015 (JWM). (Entered: 12/11/2015)

12/08/2015 334 NOTICE of filing tendered Order to DN 333 re 333 MOTION to Supplementemergency motion for restraining order re 332 Motion for Miscellaneous Relief,,(Attachments: # 1 Proposed Order) (Faller, James) (Entered: 12/08/2015)

12/07/2015 333 MOTION to Supplement emergency motion for restraining order re 332 Motion forMiscellaneous Relief,, by James S. Faller, II. Responses due by 12/24/2015(Attachments: # 1 Exhibit Affidavit of Jaime) (Faller, James) (Additionalattachment(s) added on 12/9/2015: # 2 Proposed Order) (CDR). (Entered: 12/07/2015)

12/04/2015 332 MOTION Emergency restraining order to restrain govt and Carl and Scarlett Devineby James S. Faller, II. Responses due by 12/21/2015 (Attachments: # 1 ExhibitAffidavit of Attorney Aprile, # 2 Exhibit Email to govt regarding Devine, # 3 ExhibitLetter to Gonzales, # 4 Exhibit Motion for TRO granted in state court, # 5 ExhibitDeposition of Devine, # 6 Exhibit Carl Devine email, # 7 Exhibit Gnetry email reconflict, # 8 Exhibit Civil docket sheet, # 9 Exhibit Opinion Kentucky Ct of Appeals, #10 Proposed Order) (Faller, James) (Entered: 12/04/2015)

12/04/2015 331 ORDER by Chief Judge Joseph H. McKinley, Jr. denying Defendant's motion for theproduction of Brady material (DN 322 ) and an evidentiary hearing (DN 328 ).Defendant's motion for service of pleadings (DN 326 ) is GRANTED. The governmentwill ensure that the Defendant, along with his appointed counsel, is served with allpleadings in this case. cc: Counsel; Defendant, pro se (CDR) Modified to add text on12/4/2015 (CDR). (Entered: 12/04/2015)

11/30/2015 330 REPLY TO RESPONSE to Motion by James S. Faller, II re 326 MOTION to Compelproper service (Attachments: # 1 Exhibit Govt press releases) (Faller, James) (Entered:11/30/2015)

11/30/2015 329 RESPONSE to Motion by USA as to James S. Faller, II re 326 MOTION to Compelproper service Replies due by 12/17/2015. (Attachments: # 1 Proposed Order)(Voracek, Thomas) (Entered: 11/30/2015)

11/23/2015 328 MOTION for Hearing on Brady and Tax issues by James S. Faller, II. Responses dueby 12/10/2015 (Attachments: # 1 Proposed Order) (Faller, James) (Entered:11/23/2015)

11/23/2015 327 REPLY TO RESPONSE to Motion by James S. Faller, II re 322 MOTION for Releaseof Brady Materials from IRS Agent John Ambach (Attachments: # 1 Exhibit StanzianoEmail to John Ambach, # 2 Exhibit Stanziano Email to James Faller) (Faller, James)(Entered: 11/23/2015)

11/13/2015 326 MOTION to Compel proper service by James S. Faller, II. Responses due by11/30/2015 (Attachments: # 1 Exhibit Email requesting material, # 2 Exhibit Emailasking for help from PD and email to Court from Govt., # 3 Exhibit Email from govt


re Cliff Long, # 4 Exhibit Email govt providing sealed materials, # 5 Exhibit Email reconfer, # 6 Exhibit Email re confer, # 7 Exhibit Email govt providing sealed materials,# 8 Exhibit Email providing sealed response, # 9 Proposed Order Order) (Faller,James) (Entered: 11/13/2015)

11/13/2015 325 ORDER granting 323 Government's Sealed Motion for leave to Seal a Document as toJames S. Faller II (1), re DN 324 . Signed by Chief Judge Joseph H. McKinley, Jr. on11/12/2015. cc: Counsel; Defendant James S. Faller, II(CDR) (Entered: 11/13/2015)

11/12/2015 SEALED RESPONSE to Motion (See DN 324 to view PDF document.) by USA, re322 MOTION for Release of Brady Materials. Replies due by 11/30/2015. (CDR)(Entered: 11/13/2015)

11/12/2015 324 SEALED DOCUMENT Sealed pursuant to MOTION TO SEAL re 322 MOTION forRelease of Brady Materials , 323 SEALED MOTION for Leave to Seal a Documentby USA. (Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered:11/12/2015)

11/12/2015 323 SEALED MOTION for Leave to Seal a Document by USA by USA as to James S.Faller, II. (Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered:11/12/2015)

11/09/2015 322 MOTION for Release of Brady Materials by James S. Faller, II. Responses due by11/27/2015 (Attachments: # 1 Exhibit 1−E−mail to Government Regarding WitnessDeath, # 2 Exhibit 2−September 2, 2015 E−mail to Government Request for BradyMaterials, # 3 Exhibit 3−October 30, 2015 Second Request for Brady Materials, # 4Exhibit 4−Affidavit of CPA Mark Enderle, # 5 Proposed Order) (Faller, James)Modified to add exhibit descriptions on 11/10/2015 (JWM). (Entered: 11/09/2015)

10/27/2015 321 ORDER granting 316 Sealed Motion for leave to Seal a Document as to James S.Faller II (1). Signed by Chief Judge Joseph H. McKinley, Jr. on 10/26/2015. cc:Counsel (CDR) (Entered: 10/27/2015)

10/26/2015 320 ORDER by Chief Judge Joseph H. McKinley, Jr. granting 313 Motion to Continue asto James S. Faller II (1). Sentencing hearing continued to 1/29/2016 at 10:00 AM CTin Bowling Green before Chief Judge Joseph H. McKinley Jr. The provisions of theprior sentencing order (DN 234 ) shall remain in effect. Particular attention is drawn toparagraph 5 with respect to the exchange of information related to witness testimonyexpected to be offered at the hearing. Defendant shall, no later than thirty (30) daysprior to the sentencing hearing, disclose to the government all information in supportof any credit, deduction, or exemption he or his accountant will be advancing at thehearing. cc: Counsel; Defendant (CDR) (Entered: 10/26/2015)

10/26/2015 319 REPLY TO RESPONSE to Motion by James S. Faller, II re 313 MOTION toContinue Sentencing set for November 10, 2015 Supplemental (Attachments: # 1Proposed Order) (Wendelsdorf, Scott) (Entered: 10/26/2015)

10/23/2015 318 REPLY TO RESPONSE to Motion by James S. Faller, II re 313 MOTION toContinue Sentencing set for November 10, 2015 (Attachments: # 1 Proposed Order)(Wendelsdorf, Scott) (Entered: 10/23/2015)

10/23/2015 317 SEALED DOCUMENT Sealed pursuant to MOTION TO SEAL re 316 SEALEDMOTION for Leave to Seal a Document by USA. (Voracek, Thomas) (Entered:10/23/2015)


10/23/2015 315 SENTENCING MEMORANDUM for James S. Faller, II by USA. (Attachments: # 1Exhibit Attachment One) (Voracek, Thomas) (Entered: 10/23/2015)

10/23/2015 314 RESPONSE to Motion by USA as to James S. Faller, II re 313 MOTION to ContinueSentencing set for November 10, 2015 Replies due by 11/9/2015. (Attachments: # 1Proposed Order) (Voracek, Thomas) (Entered: 10/23/2015)

10/22/2015 313 MOTION to Continue Sentencing set for November 10, 2015 by James S. Faller, II.Responses due by 11/9/2015 (Attachments: # 1 Exhibit Sworn Statement of David


Hicks, # 2 Proposed Order) (Wendelsdorf, Scott) (Entered: 10/22/2015)

10/21/2015 312 ORDER denying 306 Motion to Set Aside Court's order denying Defendant's motionto compel production of Brady material and to amend prior order, as to James S. FallerII (1). Signed by Chief Judge Joseph H. McKinley, Jr. on 10/21/2015. cc: Counsel;James Faller (CDR) (Entered: 10/21/2015)

10/15/2015 311 REPLY TO RESPONSE to Motion by James S. Faller, II re 306 MOTION to SetAside Order denying production of Brady material (Faller, James) (Entered:10/15/2015)

10/13/2015 310 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by James S. Faller,II as to James S. Faller, II (Wendelsdorf, Scott) (Entered: 10/13/2015)

10/09/2015 309 RESPONSE to Motion by USA as to James S. Faller, II re 306 MOTION to Set AsideOrder denying production of Brady material Replies due by 10/26/2015.(Attachments: # 1 Proposed Order) (Gentry, Thomas) (Entered: 10/09/2015)

10/01/2015 308 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re 279 Order onMotion for Miscellaneous Relief,,, 112 Order, Set/Clear Flags, 277 SEALEDMOTION: Sealed pursuant to PROTECTIVE ORDER re 112 Order, Set/Clear Flags,162 Order,., 306 MOTION to Set Aside Order denying production of Brady material,305 Order on Sealed Motion, 299 Sealed Response to Sealed Motion,. (Attachments: #1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Faller, James) (Entered:10/01/2015)

09/28/2015 307 EXHIBIT INVENTORY filed as to Jury Trial held 6/1/2015 − 6/12/2015. (CDR)(Entered: 09/28/2015)

09/25/2015 306 MOTION to Set Aside Order denying production of Brady material by James S.Faller, II. Responses due by 10/13/2015 (Attachments: # 1 Proposed Order) (Faller,James) (Entered: 09/25/2015)

09/21/2015 305 ORDER as to James S. Faller II (1): denying 277 Sealed Motion; denying 297 SealedMotion. Signed by Chief Judge Joseph H. McKinley, Jr on 9/18/2015. cc: Counsel,defendant (pro se) (JBM) (Entered: 09/21/2015)

09/21/2015 304 ORDER as to James S. Faller II (1) denying 271 Sealed Motion. Signed by ChiefJudge Joseph H. McKinley, Jr on 9/18/2015. cc: Counsel, Defendant (pro se)(JBM)(Entered: 09/21/2015)

09/15/2015 303 ORDER by Chief Judge Joseph H. McKinley, Jr. granting 300 Motion to WithdrawDocument as to James S. Faller II (1), re 295 Motion for Extension of Time to FileResponse/Reply. cc: Counsel; James S. Faller, II (CDR) (Entered: 09/15/2015)

09/15/2015 302 NOTICE by USA re 300 MOTION to Withdraw Document 295 MOTION forExtension of Time to File Response/Reply as to 277 SEALED MOTION: Sealedpursuant to PROTECTIVE ORDER re 112 Order, Set/Clear Flags, 162 Order,.(Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered: 09/15/2015)

09/14/2015 301 SEALED REPLY TO SEALED RESPONSE to Motion re 271 SEALED MOTION:Sealed pursuant to PROTECTIVE ORDER re 162 Order. (Attachments: # 1 Exhibit, #2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, #9 Exhibit) (Faller, James) Modified to remove links and edit text on 9/17/2015 (CDR).(Entered: 09/14/2015)

09/14/2015 300 MOTION to Withdraw Document 295 MOTION for Extension of Time to FileResponse/Reply as to 277 SEALED MOTION: Sealed pursuant to PROTECTIVEORDER re 112 Order, Set/Clear Flags, 162 Order,. by USA as to James S. Faller, II.Responses due by 10/1/2015 (Voracek, Thomas) (Entered: 09/14/2015)

09/14/2015 299 SEALED RESPONSE to Sealed Motion re 277 SEALED MOTION: Sealed pursuantto PROTECTIVE ORDER re 112 Order, Set/Clear Flags, 162 Order,. Replies due by10/1/2015. (Attachments: # 1 Exhibit One, # 2 Proposed Order) (Voracek, Thomas)(Entered: 09/14/2015)

09/11/2015 298 SEALED ORDER by Magistrate Judge H. Brent Brennenstuhl denying 296 SealedMotion as to James S. Faller II (1). cc: Counsel of Record; Defendant Faller − serviceby U.S. Mail on paper. (CDR) (Entered: 09/11/2015)


09/11/2015 297 SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 279 Order onMotion for Miscellaneous Relief,,, 112 Order, Set/Clear Flags, 162 Order,.(Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Faller, James) (Entered: 09/11/2015)

09/10/2015 296 SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 279 Order onMotion for Miscellaneous Relief,,, 112 Order, Set/Clear Flags, 162 Order,.(Attachments: # 1 Exhibit Documents, # 2 Exhibit affidavit) (Faller, James) (Entered:09/10/2015)

09/09/2015 295 MOTION for Extension of Time to File Response/Reply as to 277 SEALEDMOTION: Sealed pursuant to PROTECTIVE ORDER re 112 Order, Set/Clear Flags,162 Order,. by USA as to James S. Faller, II. Responses due by 9/21/2015(Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered: 09/09/2015)

09/04/2015 294 ORDER granting 278 Motion to Continue sentencing as to James S. Faller II (1).Sentencing continued to 11/10/2015 at 9:00 AM CST in Bowling Green before ChiefJudge Joseph H. McKinley Jr. All deadlines related to sentencing set forth in theCourt's Order entered 6/17/2015 (DN 234 ) remain in effect. Signed by Chief JudgeJoseph H. McKinley, Jr. on 9/4/2015. cc: Counsel, James Faller (CDR) (Entered:09/04/2015)

09/03/2015 293 REPLY TO RESPONSE to Motion by James S. Faller, II re 278 MOTION toContinue Sentencing set for September 17, 2015 (Attachments: # 1 Proposed Order)(Wendelsdorf, Scott) (Entered: 09/03/2015)

09/01/2015 281 RESPONSE to Motion by USA as to James S. Faller, II re 278 MOTION to ContinueSentencing set for September 17, 2015 Replies due by 9/18/2015. (Attachments: # 1Proposed Order) (Voracek, Thomas) (Entered: 09/01/2015)

08/31/2015 Remark − Docket entries 240 Sealed Motion for Leave to Seal a Document, 241Sealed Motion, 245 Sealed Motion for Leave to Seal a Document, and 246 SealedResponse to Sealed Motion UNSEALED this date, pursuant to Order (DN 280 )denying leave to seal. (CDR) (Entered: 08/31/2015)

08/28/2015 280 ORDER by Chief Judge Joseph H. McKinley, Jr. on 8/27/2015 as to James S. Faller,II. Defendant's motions to produce the grand jury testimony of IRS Agent MatthewSauber and any other trial witness and to seal all the grand jury testimony into therecord in case of appeal and to issue a subpoena for text messages of Kelly and JohnnySullivan (DN 241 ); to seal Docket Number 241 (DN 240 ); and to contact witnesses(DN 243 ) are DENIED. IT IS FURTHER ORDERED that Defendant's motion toextend time to file replies (DN 258 ) is GRANTED. IT IS FURTHER ORDERED thatthe motion by the United States to seal Docket Number 246 (DN 245 ) is DENIED. cc:Counsel; James S. Faller, II (CDR) (Entered: 08/28/2015)

08/28/2015 279 ORDER by Magistrate Judge H. Brent Brennenstuhl as to James S. Faller II (1). IT ISHEREBY ORDERED that Defendant's motion to rescind the protective order (DN 248) is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED thatthe protective order entered at DN 112 and modified at DN 162 is herewith furthermodified. (See Order for specifics.) Defendant's motion is DENIED to the extent headvocates on behalf of other persons regarding cases in which he is not a named party.IT IS FURTHER ORDERED that Defendant's request for rescission of the protectiveorder regarding any material produced to him by the United States in this actionpursuant to the Jencks Act is DENIED. cc: Counsel; James S. Faller, II, pro se (CDR)(Entered: 08/28/2015)

08/27/2015 278 MOTION to Continue Sentencing set for September 17, 2015 by James S. Faller, II.Responses due by 9/14/2015 (Attachments: # 1 Proposed Order) (Wendelsdorf, Scott)(Entered: 08/27/2015)

08/26/2015 277 SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 112 Order,Set/Clear Flags, 162 Order,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4Proposed Order) (Faller, James) (Entered: 08/26/2015)

08/26/2015 276 SEALED RESPONSE to Sealed Motion re 271 SEALED MOTION: Sealed pursuantto PROTECTIVE ORDER re 162 Order,. Replies due by 9/14/2015. (Attachments: # 1Proposed Order) (Gentry, Thomas) (Entered: 08/26/2015)


08/20/2015 275 REPORT for proceedings held before Magistrate Judge H. Brent Brennenstuhl:Telephone Conference as to James S. Faller, II held on 8/18/2015, re 248 Motion toSet Aside or Redact Protective Order. The Court advised the information obtainedduring this telephonic conference was beneficial to him and that he would issue aruling on the motion in the near future. cc: Counsel; James S. Faller, II (CDR)(Entered: 08/20/2015)

08/17/2015 274 TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 8/17/2015, as to JamesS. Faller, II, upon request of Defendant; IT IS ORDERED the Telephone Conferencescheduled for 8/21/2015 is REMANDED from the Court's docket and isRESCHEDULED to be conducted on 8/18/2015, at 9:00 AM, CDT. The Court willinitiate the call.

This Notice of Electronic Filing is the Official ORDER for this entry. No document isattached.

cc:counsel (KL) (Entered: 08/17/2015)

08/14/2015 273 TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 8/14/2015, as to JamesS. Faller, II; Upon the Court's own motion; IT IS ORDERED a TelephoneConference shall be conducted on 8/21/2015, at 01:30 PM, CDT before MagistrateJudge H. Brent Brennenstuhl. The Court will initiate the call.


cc:counsel (KL) (Entered: 08/14/2015)

08/13/2015 272 DISCLOSURE PRESENTENCE INVESTIGATION REPORT as to James S. Faller,II Counsel shall refer to the Court's website:http://www.kywd.uscourts.gov/e−filingRe:How Do I View Restricted Documents. (Attachments: # 1 Cover Sheet) (cdc)(Entered: 08/13/2015)

08/09/2015 271 SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 162 Order,.(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4a, # 5 Exhibit4b, # 6 Exhibit 4c, # 7 Exhibit 4d, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11Exhibit 7a, # 12 Exhibit 7b, # 13 Exhibit 7c, # 14 Exhibit 7d, # 15 Exhibit 8, # 16Proposed Order) (Faller, James) (Entered: 08/09/2015)

08/04/2015 270 REPLY TO RESPONSE to Motion by James S. Faller, II re 243 MOTION to contactwitnesses (Faller, James) (Entered: 08/04/2015)

08/04/2015 268 REPLY TO RESPONSE to Motion by James S. Faller, II re 248 MOTION to rescindProtective Order (Faller, James) (Entered: 08/04/2015)

08/04/2015 267 SEALED REPLY TO SEALED RESPONSE to Motion re 241 SEALED MOTION:Sealed pursuant to MOTION TO SEAL re 240 SEALED MOTION for Leave to Seal aDocument. (Attachments: # 1 Exhibit Email, # 2 Exhibit Attachment to email, # 3Exhibit Affidavit) (Faller, James) (Entered: 08/04/2015)

07/29/2015 266 Notice of Filing Official Transcript re 261 , 263 , 259 , 264 , 260 , 262 . Please reviewthe complete Notice for instructions. (TT) (Entered: 07/29/2015)

07/29/2015 265 SEALED DOCUMENT (TT) (Entered: 07/29/2015)

07/29/2015 264 FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 10B) as to James S.Faller, II held on 6/12/2015, before Judge Joseph H. McKinley, Jr. Transcriber TerriTurner, Telephone number 270−415−6417. Transcript may be viewed at the courtpublic terminal or purchased through the Transcriber before the deadline for Releaseof Transcript Restriction. After that date it may be obtained through PACER.Redaction Request due 8/24/2015. Redacted Transcript Deadline set for 9/3/2015.Release of Transcript Restriction set for 10/30/2015. (TT) (Entered: 07/29/2015)

07/29/2015 263 FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 10A) as to James S.Faller, II held on 6/12/2015, before Judge Joseph H. McKinley, Jr. Court ReporterTerri Turner, Telephone number 270−415−6417. Transcript may be viewed at thecourt public terminal or purchased through the Court Reporter before the deadline forRelease of Transcript Restriction. After that date it may be obtained through PACER.


Redaction Request due 8/24/2015. Redacted Transcript Deadline set for 9/3/2015.Release of Transcript Restriction set for 10/30/2015. (TT) (Entered: 07/29/2015)

07/29/2015 262 FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 9) as to James S. Faller,II held on 6/11/2015, before Judge Joseph H. McKinley, Jr. Court Reporter TerriTurner, Telephone number 270−415−6417. Transcript may be viewed at the courtpublic terminal or purchased through the Court Reporter before the deadline forRelease of Transcript Restriction. After that date it may be obtained through PACER.Redaction Request due 8/24/2015. Redacted Transcript Deadline set for 9/3/2015.Release of Transcript Restriction set for 10/30/2015. (TT) (Entered: 07/29/2015)




07/29/2015 258 MOTION for Extension of Time to File Response/Reply as to 243 MOTION tocontact witnesses, 246 Sealed Response to Sealed Motion, 247 Response to Motion,241 SEALED MOTION: Sealed pursuant to MOTION TO SEAL re 240 SEALEDMOTION for Leave to Seal a Document. by James S. Faller, II. Responses due by8/10/2015 (Attachments: # 1 Proposed Order) (Faller, James) (Entered: 07/29/2015)

07/29/2015 257 RESPONSE to Motion by USA as to James S. Faller, II re 248 MOTION to rescindProtective Order Replies due by 8/17/2015. (Attachments: # 1 Proposed Order)(Voracek, Thomas) (Entered: 07/29/2015)

07/28/2015 256 Notice of Filing Official Transcript re 255 , 253 , 254 . Please review the completeNotice for instructions. (DL) (Entered: 07/28/2015)

07/28/2015 255 FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 5) as to James S. Faller,II held on 06/05/15, before Judge Joseph H. McKinley, Jr. Court Reporter Dena Legg,Telephone number 502−625−3778. Transcript may be viewed at the court publicterminal or purchased through the Court Reporter before the deadline for Release ofTranscript Restriction. After that date it may be obtained through PACER. RedactionRequest due 8/21/2015. Redacted Transcript Deadline set for 8/31/2015. Release ofTranscript Restriction set for 10/29/2015. (DL) (Entered: 07/28/2015)

07/28/2015 254 FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 4) as to James S. Faller,II held on 06/04/15, before Judge Joseph H. McKinley, Jr. Court Reporter Dena Legg,Telephone number 502−625−3778. Transcript may be viewed at the court publicterminal or purchased through the Court Reporter before the deadline for Release ofTranscript Restriction. After that date it may be obtained through PACER. RedactionRequest due 8/21/2015. Redacted Transcript Deadline set for 8/31/2015. Release ofTranscript Restriction set for 10/29/2015. (DL) (Entered: 07/28/2015)

07/28/2015 253 FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 3) as to James S. Faller,II held on 06/03/15, before Judge Joseph H. McKinley, Jr.. Court Reporter Dena Legg,Telephone number 502−625−3778. Transcript may be viewed at the court public


terminal or purchased through the Court Reporter before the deadline for Release ofTranscript Restriction. After that date it may be obtained through PACER. RedactionRequest due 8/21/2015. Redacted Transcript Deadline set for 8/31/2015. Release ofTranscript Restriction set for 10/29/2015. (DL) (Entered: 07/28/2015)

07/28/2015 252 SEALED DOCUMENT (DL) (Entered: 07/28/2015)

07/27/2015 251 Notice of Filing Official Transcript re 249 , 250 . Please review the complete Noticefor instructions. (AWW) (Entered: 07/27/2015)

07/27/2015 250 FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 2) as to James S. Faller,II, held on 6/2/2015, before Judge Joseph H. McKinley, Jr. Court Reporter AlanWernecke, Telephone number 502−625−3779. Transcript may be viewed at the courtpublic terminal or purchased through the Court Reporter before the deadline forRelease of Transcript Restriction. After that date it may be obtained through PACER.Redaction Request due 8/20/2015. Redacted Transcript Deadline set for 8/31/2015.Release of Transcript Restriction set for 10/29/2015. (AWW) (Entered: 07/27/2015)

07/27/2015 249 FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 1) as to James S. Faller,II, held on 6/1/2015, before Judge Joseph H. McKinley, Jr. Court Reporter AlanWernecke, Telephone number 502−625−3779. Transcript may be viewed at the courtpublic terminal or purchased through the Court Reporter before the deadline forRelease of Transcript Restriction. After that date it may be obtained through PACER.Redaction Request due 8/20/2015. Redacted Transcript Deadline set for 8/31/2015.Release of Transcript Restriction set for 10/29/2015. (AWW) (Entered: 07/27/2015)

07/21/2015 MOTIONS as to James S. Faller, II REFERRED to Magistrate Judge: 248 MOTIONto rescind Protective Order (EAS) (Entered: 07/21/2015)

07/17/2015 248 MOTION to rescind Protective Order by James S. Faller, II. Responses due by8/3/2015 (Attachments: # 1 Exhibit Affidavit of Vince Aprile, # 2 Exhibit Order inBankruptcy Case, # 3 Exhibit Affidavit of Michael McClain, # 4 Proposed Order)(Faller, James) (Entered: 07/17/2015)

07/15/2015 247 RESPONSE to Motion by USA as to James S. Faller, II re 243 MOTION to contactwitnesses Replies due by 8/3/2015. (Attachments: # 1 Proposed Order) (Gentry,Thomas) (Entered: 07/15/2015)

07/13/2015 246 **UNSEALED pursuant to DN 280 ** SEALED RESPONSE to Sealed Motion re241 SEALED MOTION: Sealed pursuant to MOTION TO SEAL re 240 SEALEDMOTION for Leave to Seal a Document. Replies due by 7/30/2015. (Attachments: # 1Proposed Order) (Gentry, Thomas) Modified to UNSEAL on 8/31/2015 (CDR).(Entered: 07/13/2015)

07/13/2015 245 **UNSEALED pursuant to DN 280 ** SEALED MOTION for Leave to Seal aDocument by USA by USA as to James S. Faller, II. (Attachments: # 1 ProposedOrder) (Gentry, Thomas) Modified to UNSEAL on 8/31/2015 (CDR). (Entered:07/13/2015)

07/01/2015 244 ORDER by Chief Judge Joseph H. McKinley, Jr. on 6/30/2015 as to James S. Faller,II. The Court, on its own motion, does hereby extend the time for filing a motion for anew trial pursuant to Rule 33. IT IS HEREBY ORDERED that Defendant's motion fora new trial shall be filed within 14 days of the date the entire trial transcript iscompleted and filed in the record. cc: Counsel; James S. Faller, II (CDR) (Entered:07/01/2015)

06/29/2015 243 MOTION to contact witnesses by James S. Faller, II. Responses due by 7/16/2015(Attachments: # 1 Proposed Order, # 2 Exhibit Interview of Sullivan) (Faller, James)(Entered: 06/29/2015)

06/25/2015 242 SEALED NOTICE OF DOCKET CORRECTION RE: PDF re 241 SEALEDMOTION: Sealed pursuant to MOTION TO SEAL re 240 SEALED MOTION forLeave to Seal a Document. (Faller, James) Modified text on 6/25/2015 (CDRS).(Entered: 06/25/2015)

06/25/2015 241 **UNSEALED pursuant to DN 280 ** SEALED MOTION: Sealed pursuant toMOTION TO SEAL re 240 SEALED MOTION for Leave to Seal a Document.(Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order, # 5 Proposed


Order, # 6 Proposed Order) (Faller, James) (Main Document 241 replaced on6/25/2015) (CDRS). Modified to UNSEAL on 8/31/2015 (CDR). (Entered:06/25/2015)

06/25/2015 240 **UNSEALED pursuant to DN 280 ** SEALED MOTION for Leave to Seal aDocument by James S. Faller, II. (Attachments: # 1 Proposed Order) (Faller, James)Modified to UNSEAL on 8/31/2015 (CDR). (Entered: 06/25/2015)

06/24/2015 239 ORDER by Chief Judge Joseph H. McKinley, Jr. on 6/24/2015 as to James S. Faller, IIre 235 EX PARTE MOTION and 236 SEALED MOTION for Leave to Seal aDocument. Defendant's ex parte motion is DENIED WITHOUT PREJUDICE, andDefendant is allowed to re−file the instant motion on CM/ECF in order for the UnitedStates to be given the opportunity to respond. IT IS FURTHER ORDERED thatDefendant's motion to seal his ex parte motion (DN 236 ) is DENIED as MOOT. cc:Counsel; James S. Faller, II (CDR) (Entered: 06/24/2015)

06/24/2015 238 Notice of Filing Official Transcript re 237 . Please review the complete Notice forinstructions. (AWW) (Entered: 06/24/2015)

06/24/2015 237 FILING OF OFFICIAL TRANSCRIPT of Initial Apperance and Arraignment as toJames S. Faller, II held on 8/28/2013, before Magistrate Judge H. Brent Brennenstuhl.Court Reporter/Transcriber Alan Wernecke, Telephone number 502−625−3779.Transcript may be viewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction. Afterthat date it may be obtained through PACER. Redaction Request due 7/20/2015.Redacted Transcript Deadline set for 7/30/2015. Release of Transcript Restriction setfor 9/25/2015. (AWW) (Entered: 06/24/2015)

06/23/2015 236 SEALED MOTION for Leave to Seal a Document by James S. Faller, II.(Attachments: # 1 Proposed Order) (Faller, James) (Entered: 06/23/2015)

06/23/2015 235 EX PARTE MOTION by James S. Faller, II. (Attachments: # 1 Exhibit, # 2 Exhibit, #3 Exhibit, # 4 Proposed Order, # 5 Proposed Order, # 6 Proposed Order) (Faller,James) (Entered: 06/23/2015)

06/17/2015 234 ORDER by Chief Judge Joseph H. McKinley, Jr. on 6/16/2015 as to James S. Faller,II. Jury trial held June 1, 2, 3, 4, 5, 8, 9, 10, 11, and 12, 2015. Official court reporterswere Alan Wernecke, Dena Legg, and Terri Turner. A portion of the proceedings werealso digitally recorded. IT IS HEREBY ORDERED that Defendant James S. Faller, II,is adjudicated not guilty as to Count 2 of the Indictment and is adjudicated guilty as toeach of Counts 1, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of the Indictment, re 223 Jury Verdict.Sentencing is set for 9/17/2015 at 9:00 AM CT in Bowling Green before Chief JudgeJoseph H. McKinley Jr. (Presentencing deadlines set forth.) United States' oral motionthat Defendant have no contact with any government witness in this case GRANTED.(See Order for specifics.) IT IS ORDERED that the matter of appointment of counselis referred to U.S. Magistrate Judge Dave Whalin. IT IS FURTHER ORDERED thatthe Defendant's unopposed oral motion to extend time to file post−trial motions isGRANTED. Defendant shall file any post−trial motions under Criminal Rule 33within twenty−one (21) days after verdict. Defendant allowed to remain on bondpending further order of the Court. cc: Counsel (CDR) (Entered: 06/17/2015)

06/17/2015 233 ORDER ON EX PARTE HEARING for proceedings held before Magistrate JudgeDave Whalin: An Ex Parte Hearing as to James S. Faller, II held on 6/16/2015. ScottWendelsdorf, Federal Defender, is appointed to represent the Defendant in thesentencing phase of this action. The Defendant's request for appointment otherwise isDENIED. IT IS FURTHER ORDERED that the official recording of this hearing shallbe filed under seal. (Court Reporter − digitally recorded.) cc: Counsel; Defendant(CDR) Modified on 11/12/2015 to correct typographical error (CDR). (Entered:06/17/2015)

06/16/2015 232 CJA 23 Financial Affidavit by James S. Faller, II (CDR) (Entered: 06/17/2015)

06/16/2015 231 SEALED ORDER by Chief Judge Joseph H. McKinley, Jr on 6/15/2015 granting 227Sealed Motion as to James S. Faller II (1) cc: Counsel; James Faller (CDRS) (Entered:06/16/2015)


06/16/2015 230 SEALED ORDER by Chief Judge Joseph H. McKinley, Jr. on 6/15/2015, re 226SEALED MOTION for Leave to Seal a Document cc: Counsel; James Faller (CDRS)(Entered: 06/16/2015)

06/15/2015 228 TEXT ORDER by Magistrate Judge Dave Whalin on 6/15/2015 as to James S. Faller,II. An In Person Conference is scheduled for 6/16/2015 at 11:00 AM before MagistrateJudge Dave Whalin. Counsel for the United States is not required to attend.


cc: Counsel (AEH) (Entered: 06/15/2015)

06/15/2015 227 SEALED MOTION: Sealed pursuant to MOTION TO SEAL re 226 SEALEDMOTION for Leave to Seal a Document. (Attachments: # 1 Proposed Order) (Faller,James) (Entered: 06/15/2015)

06/15/2015 226 SEALED MOTION for Leave to Seal a Document by James S. Faller, II.(Attachments: # 1 Proposed Order, # 2 Supplement, # 3 Proposed Order) (Faller,James) (Entered: 06/15/2015)

06/15/2015 225 Proceedings held before Chief Judge Joseph H. McKinley, Jr:Jury Trial as to James S.Faller, II held on 6/12/2015 (Court Reporter Terri Turner *and* ECRO − JessicaMercer.) (TLG) Modified on 6/16/2015 (EAS). (Entered: 06/15/2015)

06/12/2015 292 STIPULATION No. 11 regarding defendant's residence by USA, James S. Faller, II.(CDR) (Entered: 09/02/2015)

06/12/2015 291 STIPULATION No. 10 regarding United Citizens Bank of Southern Kentuckylocation by USA, James S. Faller, II. (CDR) (Entered: 09/02/2015)

06/12/2015 290 STIPULATION No. 9 regarding Bank of Columbia location by USA, James S. Faller,II. (CDR) (Entered: 09/02/2015)

06/12/2015 289 STIPULATION No. 8 regarding venue by USA, James S. Faller, II. (CDR) (Entered:09/02/2015)

06/12/2015 288 STIPULATION No. 7 regarding exhibits by USA, James S. Faller, II. (CDR) (Entered:09/02/2015)







06/12/2015 229 SEALED UNREDACTED JURY VERDICT re 223 Jury Verdict (CDRS) (Entered:06/16/2015)

06/12/2015 224 Jury Instructions as to James S. Faller, II (TLG) Modified on 6/16/2015 to correct fileddate from 6/15/2015 to 6/12/2015 (CDRS). (Entered: 06/15/2015)

06/12/2015 223 JURY VERDICT as to James S. Faller II (1) Guilty on Counts 1,3−6,7,8−11. Notguilty on Count 2. (TLG) Modified on 6/17/2015 to correct filed date from 6/15/2015to 6/12/2015 (CDR). Modified text on 6/17/2015 (CDR). (Entered: 06/15/2015)

06/11/2015 Proceedings held before Chief Judge Joseph H. McKinley, Jr:Jury Trial as to James S.Faller, II held on 6/11/2015 (Court Reporter Terri Turner.) (DAK) (Entered:


06/12/2015)

06/10/2015 Proceedings held before Chief Judge Joseph H. McKinley, Jr:Jury Trial as to James S.Faller, II held on 6/10/2015 (Court Reporter Terri Turner.) (DAK) (Entered:06/11/2015)

06/09/2015 Proceedings held before Chief Judge Joseph H. McKinley, Jr:Jury Trial as to James S.Faller, II held on 6/9/2015 (Court Reporter Terri Turner.) (JAC) (Entered: 06/10/2015)

06/08/2015 Proceedings held before Chief Judge Joseph H. McKinley, Jr:Jury Trial as to James S.Faller, II held on 6/8/2015. (Court Reporter Terri Turner) (JAC) (Entered: 06/09/2015)

06/06/2015 222 Notice of Filing Official Transcript re 221 . Please review the complete Notice forinstructions. (DL) (Entered: 06/06/2015)

06/06/2015 221 FILING OF OFFICIAL TRANSCRIPT of Direct Examination of Kelly Sullivan atJury Trial as to James S. Faller, II held on 06/04/15, before Judge Joseph H.McKinley, Jr. Court Reporter Dena Legg, Telephone number 502−625−3778.Transcript may be viewed at the court public terminal or purchased through the CourtReporter before the deadline for Release of Transcript Restriction. After that date itmay be obtained through PACER. Redaction Request due 7/2/2015. RedactedTranscript Deadline set for 7/10/2015. Release of Transcript Restriction set for9/8/2015. (DL) (Entered: 06/06/2015)

06/05/2015 Proceedings held before Chief Judge Joseph H. McKinley, Jr:Jury Trial as to James S.Faller, II held on 6/5/2015 (Court Reporter Dena Legg.) (JAC) (Entered: 06/08/2015)

06/04/2015 Proceedings held before Chief Judge Joseph H. McKinley, Jr: Jury Trial as to James S.Faller, II held on 6/4/2015 (Court Reporter Dena Legg.) (CDR) (Entered: 06/05/2015)

06/03/2015 Proceedings held before Chief Judge Joseph H. McKinley, Jr: Jury Trial as to James S.Faller, II held on 6/3/2015 (Court Reporter Dena Legg.) (CDR) (Entered: 06/04/2015)

06/02/2015 Proceedings held before Chief Judge Joseph H. McKinley, Jr: Jury Trial as to James S.Faller, II held on 6/2/2015 (Court Reporter Alan Wernecke.) (CDR) (Entered:06/03/2015)

06/01/2015 220 SEALED UNREDACTED DOCUMENT re 219 Jury Panel Record (CDRS) (Entered:06/02/2015)

06/01/2015 219 Jury Panel Record as to James S. Faller, II (CDR) (Entered: 06/02/2015)

06/01/2015 Proceedings held before Chief Judge Joseph H. McKinley, Jr.: Jury Trial as to JamesS. Faller, II held on 6/1/2015 (Court Reporter Alan Wernecke.) (CDR) (Entered:06/02/2015)

06/01/2015 218 NOTICE of Conventional Filing of VHS Tape of 2/23/2009 testimony of KellySullivan during hearing in the case of Commonwealth of Kentucky v. Eric Grider, byJames S. Faller II. (CDR) (Entered: 06/01/2015)

05/31/2015 217 SEALED DOCUMENT by James S. Faller, II. (Attachments: # 1 Exhibit 1, # 2Exhibit 2) (Faller, James) Modified event text on 6/1/2015 (CDRS). (Entered:05/31/2015)

05/31/2015 216 MOTION to Dismiss for interference with right to counsel and right to self representby James S. Faller, II. Responses due by 6/18/2015 (Attachments: # 1 Proposed Order)(Faller, James) (Entered: 05/31/2015)

05/31/2015 215 SEALED MOTION: Sealed pursuant to LEAVE OF COURT re 161 Order on Motionto Set Aside,, Order on Motion for Miscellaneous Relief,. (Attachments: # 1 ExhibitSullivan interview, # 2 Exhibit Sullivan interview, # 3 Exhibit Sullivan interview, # 4Exhibit Sullivan interview, # 5 Exhibit Sullivan interview, # 6 Exhibit Sullivaninterview, # 7 Exhibit Sullivan interview, # 8 Exhibit Sullivan interview, # 9 IndexSullivan interview, # 10 Exhibit Sullivan interview, # 11 Exhibit Sullivan interview, #12 Exhibit Sullivan interview, # 13 Exhibit Sullivan interview, # 14 Exhibit Sullivaninterview, # 15 Exhibit Sullivan interview, # 16 Proposed Order) (Faller, James)(Entered: 05/31/2015)


05/29/2015 214 ORDER denying as untimely 212 Defendant's Motion in Limine to impose additionalpretrial safeguards, as to James S. Faller II (1). Signed by Chief Judge Joseph H.McKinley, Jr. on 5/29/2015. cc: Counsel; James S. Faller II (CDR) Modifieddistribution on 5/29/2015 (CDR). (Entered: 05/29/2015)

05/29/2015 213 ORDER granting 172 Plaintiff's Sealed Motion for leave to Seal a Document as toJames S. Faller II (1) re 173 Sealed Response to Motion. Signed by Chief JudgeJoseph H. McKinley, Jr. on 5/29/2015. cc: Counsel; James S. Faller II (CDR)Modified distribution on 5/29/2015 (CDR). (Entered: 05/29/2015)

05/29/2015 212 MOTION in Limine for additional safeguards by James S. Faller, II. Responses dueby 6/15/2015 (Attachments: # 1 Proposed Order) (Faller, James) (Entered: 05/29/2015)

05/28/2015 Proceedings held before Chief Judge Joseph H. McKinley, Jr: Final PretrialConference as to James S. Faller, II held on 5/28/2015 (Court Reporter Dena Legg.)(JBMS) (Entered: 05/29/2015)

05/28/2015 211 NOTICE of Filing of Corrigendum Clarification by James S. Faller, II re 206Response to Motion re 204 MOTION in Limine Errata sheet/corrigendum. (Faller,James) Modified event text, added link, and removed deadline on 5/29/2015 (CDR).(Entered: 05/28/2015)

05/26/2015 210 SEALED REPLY TO RESPONSE to Motion re 203 SEALED MOTION:(Attachments: # 1 Exhibit Govt email) (Faller, James) Modified text on 5/27/2015(CDRS). (Entered: 05/26/2015)

05/26/2015 209 SEALED REPLY TO RESPONSE to Motion re 202 SEALED MOTION: Sealedpursuant to LEAVE OF COURT re 162 Order,. (Attachments: # 1 Exhibit Corporateresolution, # 2 Exhibit Certificate of Fact, # 3 Exhibit Ambach contact report) (Faller,James) Modified text on 5/27/2015 (CDRS). (Entered: 05/26/2015)

05/25/2015 208 RESPONSE to Motion by USA as to James S. Faller, II re 203 SEALED MOTION:Replies due by 6/11/2015. (Attachments: # 1 Proposed Order) (Gentry, Thomas)(Entered: 05/25/2015)

05/25/2015 207 RESPONSE to Motion by USA as to James S. Faller, II re 202 SEALED MOTION:Sealed pursuant to LEAVE OF COURT re 162 Order,. Replies due by 6/11/2015.(Attachments: # 1 Attachment One − IRS correspondence regarding the TFRP, # 2Attachment Two − IRS transcript at to TFRP for Faller, # 3 Attachment Three InternalRevenue Manual 5.7.3.3 5.7.3.4, # 4 Attachment Four Georgia Bank & Trust signaturecard 5/1/01, # 5 Attachment Five Georgia Bank & Trust Corp AuthorizationResolution, # 6 Attachment Six − The Call Ctr Comm, Inc checks signed by Faller, # 7Attachment Seven 9/6/01 Corp Resolution of The Call Ctr Comm Inc, # 8 AttachmentEight 2/21/2001 Minutes of The Call Ctr Comm. Inc., # 9 Attachment Nine 7/21/01Application for Certificate of Authorization, # 10 Attachment Ten 3/6/01 Letter to SunTrust Bank, # 11 Attachment Eleven 7/10/02 IRS Form 4180 regarding Call CenterComm., # 12 Proposed Order) (Gentry, Thomas) Modified to add attachmentdescriptions on 5/26/2015 (CDR). (Attachment 1 rotated and replaced on 5/26/2015)(CDR). (Attachment 6 rotated and replaced on 5/26/2015) (CDR). (Attachment 9rotated and replaced on 5/26/2015) (CDR). (Attachment 11 rotated and replaced on5/26/2015) (CDR). (Entered: 05/25/2015)

05/23/2015 206 RESPONSE to Motion by James S. Faller, II re 204 MOTION in Limine to excludeEvidence and Testimony Replies due by 6/11/2015. (Attachments: # 1 Proposed Order,# 2 Exhibit Government notice Ambach wrote document, # 3 Exhibit MorganAffidavit, # 4 Exhibit Hicks affidavit and letter, # 5 Exhibit Vince Aprile affidavit, # 6Exhibit Govt. Notice to introduce 404 (b), # 7 Exhibit Articles of CCC of KentuckyInc.) (Faller, James) (Entered: 05/23/2015)

05/20/2015 NOTICE OF DOCKET CORRECTION re 205 MOTION to Supplement motions todismiss re 202 Sealed Motion, 203 Sealed Document; Error: Incorrect event selected;Document should have been filed using the "Supplement" event.; Correction: Dockettext edited to reflect a "Supplement to Motions to Dismiss" and motion eventterminated. (CDRS) (Entered: 05/20/2015)

05/19/2015 NOTICE OF DOCKET CORRECTION re 204 MOTION in Limine ; Error: Systemgenerated Responses due date incorrect.; Correction: Responses due date changedfrom 6/4/2015 to 5/25/2015 pursuant to Court Order (DN 149 ). (CDRS) (Entered:


05/19/2015)

05/19/2015 205 SUPPLEMENT to Motions to Dismiss re 202 Sealed Motion CR, 203 Sealed Motion,by James S. Faller, II. Responses due by 6/5/2015 (Faller, James) Modified to editevent text on 5/20/2015 (CDRS). (Entered: 05/19/2015)

05/18/2015 204 MOTION in Limine by USA as to James S. Faller, II. Responses due by 5/25/2015(Attachments: # 1 Proposed Order) (Gentry, Thomas) Modified Responses due datefrom 6/4/2015 to 5/25/2015 on 5/19/2015 (CDRS). (Entered: 05/18/2015)

05/18/2015 203 SEALED MOTION Sealed pursuant to LEAVE OF COURT re 112 Order, Set/ClearFlags, 162 Order,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5Exhibit, # 6 Proposed Order) (Faller, James) Modified event and text on 5/19/2015(CDRS). (Entered: 05/18/2015)

05/18/2015 202 SEALED MOTION: Sealed pursuant to LEAVE OF COURT re 162 Order,.(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, #6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16,# 17 Exhibit 17, # 18 Exhibit 18, # 19 Proposed Order) (Faller, James) (Entered:05/18/2015)

05/11/2015 201 SEALED DOCUMENT (CDRS) (Entered: 05/11/2015)

05/11/2015 200 SEALED ORDER by Magistrate Judge H. Brent Brennenstuhl granting 199 Ex ParteMotion as to James S. Faller II (1) cc: Filing Attorney only; service by U.S. Mail onpaper. (CDRS) (Entered: 05/11/2015)

05/08/2015 199 EX PARTE MOTION Sealed pursuant to LEAVE OF COURT re 60 Order on Motionto Consider,,. (Attachments: # 1 Proposed Order) (Faller, James) Modified event andtext on 5/11/2015 (CDRS). (Entered: 05/08/2015)

05/05/2015 198 SEALED ORDER by Magistrate Judge H. Brent Brennenstuhl on 5/5/2015 granting197 Sealed Motion.cc: Filing Attorney only; service by U.S. Mail on paper. (DAKS)(Entered: 05/05/2015)

05/05/2015 197 EX PARTE MOTION Sealed pursuant to LEAVE OF COURT re 60 Order on Motionto Consider,,. (Attachments: # 1 Proposed Order) (Faller, James) Modified event andtext on 5/6/2015 (CDRS). (Entered: 05/05/2015)

05/04/2015 196 EXHIBIT LIST by James S. Faller, II (Attachments: # 1 Exhibit exhibit list) (Faller,James) (Entered: 05/04/2015)

05/04/2015 195 Proposed Jury Instructions by James S. Faller, II (Attachments: # 1 Exhibit Juryinstruction, # 2 Exhibit Jury instruction, # 3 Exhibit Jury instruction, # 4 Exhibit Juryinstruction) (Faller, James) (Entered: 05/04/2015)

05/04/2015 194 Proposed Voir Dire by James S. Faller, II (Faller, James) (Entered: 05/04/2015)

05/04/2015 193 PRETRIAL MEMORANDUM of Defendant (Faller, James) (Entered: 05/04/2015)

05/04/2015 192 EXHIBIT LIST by USA as to James S. Faller, II (Attachments: # 1 ExhibitAttachment One) (Voracek, Thomas) (Entered: 05/04/2015)

05/04/2015 191 Proposed Jury Instructions by USA as to James S. Faller, II (Voracek, Thomas)(Entered: 05/04/2015)

05/04/2015 190 TRIAL BRIEF by USA as to James S. Faller, II (Voracek, Thomas) (Entered:05/04/2015)

05/04/2015 189 Proposed Voir Dire by USA as to James S. Faller, II (Voracek, Thomas) (Entered:05/04/2015)

04/30/2015 188 MEMORANDUM OPINION AND ORDER by Chief Judge Joseph H. McKinley, Jr.For the reasons set forth herein, Defendant's motion to request a Franks hearing and tosuppress all evidence obtained from a search of his home and office (DN 165 ) isdenied. cc: Counsel, Defendant pro se (JAC) (Entered: 04/30/2015)

04/29/2015 187 ORDER by Magistrate Judge H. Brent Brennenstuhl denying 163 Emergency Motionfor temporary injunction and protective order as to James S. Faller II (1) cc: Counsel,


James S. Faller, II, pro se (JAC) (Entered: 04/29/2015)

04/27/2015 186 ORDER granting 184 Motion for Leave to File Excess Pages as to James S. Faller II(1). Signed by Magistrate Judge H. Brent Brennenstuhl on 4/27/2015. cc: Counsel;James S. Faller, II (CDR) (Entered: 04/27/2015)

04/22/2015 SEALED REPLY TO RESPONSE to Motion (SEE DN 185 to view PDF document.)re 165 MOTION to Suppress Fruits of Search Warrant (CDRS) (Entered: 04/24/2015)

04/22/2015 185 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re 162 Order,.(Attachments: # 1 Exhibit Letter from govt, # 2 Affidavit Attorney Affidavit, # 3Affidavit Attorney Affidavit, # 4 Exhibit Records receipt) (Faller, James) (Entered:04/22/2015)

04/21/2015 SEALED REPLY TO RESPONSE to Motion (SEE DN 183 to view PDF.) re 163Emergency MOTION for temporary injunction and protective order (CDRS) (Entered:04/22/2015)

04/21/2015 184 MOTION for Leave to File Excess Pages (2) two pages additional by James S. Faller,II. Responses due by 5/8/2015 (Attachments: # 1 Proposed Order) (Faller, James)(Entered: 04/21/2015)

04/21/2015 183 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re 162 Order,.(Attachments: # 1 Exhibit Inventory, # 2 Exhibit Email, # 3 Exhibit Inventory, # 4Exhibit Affidavit of Attorney) (Faller, James) (Entered: 04/21/2015)

04/16/2015 182 TEXT ORDER by Chief Judge Joseph H. McKinley, Jr. (EBOC) granting 179 Motionfor Leave to file redacted motion and exhibits as to James S. Faller II (1). cc: Counsel,James S. Faller, II, pro se(JWM) (Entered: 04/16/2015)

04/16/2015 181 ORDER by Magistrate Judge H. Brent Brennenstuhl on 4/15/2015 granting 178Motion for Extension of Time to File Response/Reply as to James S. Faller II (1).Defendant has until midnight 4/21/2015 to file his reply to the government's response,re 167 RESPONSE to Motion re 163 Emergency MOTION for temporary injunctionand protective order. cc: Counsel, James Faller (CDR) (Entered: 04/16/2015)

04/15/2015 180 NOTICE of filing redacted motion and exhibits re: DN 165 and 179 (Attachments: # 1Exhibit Affidavit for Search Warrant, # 2 Exhibit July 17, 2006 letter to IRS asking forhelp, # 3 Exhibit January 8 2010 to Jack Ford, # 4 Exhibit D. Hicks Affidavitregarding materials missing and just recovered, # 5 Exhibit David Hicks report, # 6Exhibit Letter to Judge Russell, # 7 Exhibit Corey Morgan Affidavit, # 8 ExhibitLetter from CPA Cliff Long to John Ambach, # 9 Proposed Order) (Faller, James)Modified to add links on 4/16/2015 (JWM). (Entered: 04/15/2015)

04/15/2015 179 MOTION for Leave to file redacted motion and exhibits re: Dn 165 by James S. Faller,II. Responses due by 5/4/2015 (Attachments: # 1 Proposed Order) (Faller, James)Modified on 4/16/2015 to add link (JWM). (Entered: 04/15/2015)

04/14/2015 178 Unopposed MOTION for Extension of Time to File Response/Reply by James S.Faller, II. Responses due by 4/24/2015 (Attachments: # 1 Proposed Order) (Faller,James) (Entered: 04/14/2015)

04/14/2015 177 ORDER by Chief Judge Joseph H. McKinley, Jr. (EBOC) on 4/14/2015 as to James S.Faller, II. Defendant filed a document (DN 165 ) containing Social Security Numbers.Clerk directed to restrict electronic access to the document. IT IS ORDERED that theDefendant shall file a motion to seal the document or a motion seeking leave to file aredacted version of the document along with a copy of the redacted version within 7days of the entry date of this Order. If the Defendant files a motion seeking leave tofile a redacted version of the document, the motion will be GRANTED, and the Clerkwill replace the document containing personal identifiers with the redacted version. cc:Counsel; James S. Faller, II (CDR) (Entered: 04/14/2015)

04/13/2015 176 ORDER by Chief Judge Joseph H. McKinley, Jr. on 4/13/2015 as to James S. Faller,II. Final Pretrial Conference set for 5/28/2015 at 10:00 AM CT in Bowling Greenbefore Chief Judge Joseph H. McKinley, Jr. cc: Counsel, James S. Faller, II (CDR)(Entered: 04/13/2015)


04/13/2015 175 AGREED ORDER by Magistrate Judge H. Brent Brennenstuhl on 4/13/2015 as toJames S. Faller II. It is hereby Ordered and Adjudged that the previous expert witnessreport of David Hicks, (DN 110 ) has been withdrawn by the Defendant, therefore themotion of the government to exclude the expert witness testimony of David Hicks (DN168 ) is DENIED as moot. cc: Counsel, James S. Faller II (CDR) (Entered:04/13/2015)

04/08/2015 174 SUPPLEMENTAL RESPONSE by USA as to James S. Faller, II re 40 MOTION toNotice Intent by Government to Introduce 404 (b) material, 44 Response SupplementalResponse (Voracek, Thomas) Modified to add/edit text on 4/9/2015 (CDR). (Entered:04/08/2015)

04/06/2015 SEALED RESPONSE to Motion (See DN 173 to view PDF document.) by USA, re165 MOTION to Suppress Fruits of Search Warrant. Replies due by 4/23/2015.(CDRS) (Entered: 04/07/2015)

04/06/2015 173 SEALED Response to Motion Sealed pursuant to MOTION TO SEAL re 165MOTION to Suppress Fruits of Search Warrant, 172 SEALED MOTION for Leave toSeal a Document by USA. (Attachments: # 1 Exhibit One, # 2 Exhibit Two, # 3Exhibit Three, # 4 Exhibit Four, # 5 Exhibit Five, # 6 Proposed Order) (Voracek,Thomas) Modified text on 4/7/2015 (CDRS). (Entered: 04/06/2015)


04/02/2015 171 SEALED DOCUMENT re 170 Order on Motion for leave to Seal a Document, 166Sealed Motion for Leave to Seal a Document (CDRS) (Entered: 04/02/2015)

04/02/2015 170 ORDER granting 166 Sealed Motion for leave to Seal a Document as to James S.Faller II (1). Signed by Magistrate Judge H. Brent Brennenstuhl on 4/1/2015. cc:Counsel, James Faller (CDR) (Entered: 04/02/2015)

04/02/2015 169 RESPONSE to Motion by James S. Faller, II re 168 Second MOTION to ExcludeExpert Witness Testimony agreed order Replies due by 4/20/2015. (Attachments: # 1Proposed Order) (Faller, James) (Entered: 04/02/2015)

04/02/2015 168 Second MOTION to Exclude Expert Witness Testimony and MOTION for DaubertHearing by USA as to James S. Faller, II. Responses due by 4/20/2015 (Attachments:# 1 Proposed Order) (Voracek, Thomas). Added MOTION for Hearing on 4/8/2015(CDR). (Entered: 04/02/2015)

03/30/2015 167 RESPONSE to Motion by USA as to James S. Faller, II re 163 Emergency MOTIONfor temporary injunction and protective order Replies due by 4/16/2015.(Attachments: # 1 Exhibit A: Memorandum Opinion Ad Proceeding 14−1004, # 2Proposed Order) (Gentry, Thomas) (Entered: 03/30/2015)

03/24/2015 166 SEALED MOTION for Leave to Seal a Document Sealed pursuant to PROTECTIVEORDER re 162 Order,. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Faller, James)Modified event and text on 3/25/2015 (CDRS). (Entered: 03/24/2015)

03/23/2015 165 MOTION to Suppress Fruits of Search Warrant by James S. Faller, II. Responses dueby 4/9/2015 (Attachments: # 1 Proposed Order, # 2 Exhibit 1 Affidavit for SearchWarrant, # 3 Exhibit 2 July 17, 2006 Letter from David Hicks to IRS, # 4 Exhibit 3Letter of January 8 2010 letter to Jack Ford from David Hicks, # 5 Exhibit 4 Affidavitof David W. Hicks, # 6 Exhibit 5 Report of David Hicks CPA, # 7 Exhibit 6 Letterfrom Judge Thomas Russell, # 8 Exhibit 7 Affidavit of Corey Morgan, # 9 Exhibit 8Letter from Cliff Long to John Ambach) (Faller, James) (Main Document 165 replacedon 4/16/2015) (JWM). (Attachment 1 replaced on 4/16/2015) (JWM). (Attachment 2replaced on 4/16/2015) (JWM). (Attachment 3 replaced on 4/16/2015) (JWM).(Attachment 4 replaced on 4/16/2015) (JWM). (Attachment 5 replaced on 4/16/2015)(JWM). (Attachment 6 replaced on 4/16/2015) (JWM). (Attachment 7 replaced on4/16/2015) (JWM). (Attachment 8 replaced on 4/16/2015) (JWM). (Attachment 9replaced on 4/16/2015) (JWM). (Entered: 03/23/2015)

03/23/2015 164 MOTION to Notice Change of Address by James S. Faller, II. Responses due by4/9/2015 (Faller, James) (Entered: 03/23/2015)


03/12/2015 163 Emergency MOTION for temporary injunction and protective order by James S.Faller, II. Responses due by 3/30/2015 (Attachments: # 1 Exhibit Email requestresolution, # 2 Exhibit Email from Bacherts firm with attachments, # 3 ExhibitAffidavit of Darlene Price, # 4 Exhibit Affidavit oif James Faller with attachments, # 5Exhibit Transcript of hearing to disqualify Bachert, # 6 Exhibit Email notice ofpossible conflict by government, # 7 Proposed Order) (Faller, James) (Entered:03/12/2015)

03/12/2015 162 PROTECTIVE ORDER by Magistrate Judge H. Brent Brennenstuhl on 3/11/2015;The Court holds that the previously issued Protective Order (DN 112 ) is herebymodified and that discovery material in the present case is subject to this ProtectiveOrder, pursuant to Rule 16(d)(1) of the Federal Rules of Criminal Procedure, to theextent set forth (herein). cc: Counsel; James Faller (CDR) (Entered: 03/12/2015)

03/12/2015 161 ORDER by Magistrate Judge H. Brent Brennenstuhl on 3/11/2015 re 157 MOTION toset aside or modify protective order (DN 112 ). IT IS HEREBY ORDERED thatFaller's motion is GRANTED in part and DENIED in part. IT IS FURTHERORDERED that a revised protective order will be filed by the Court. IT IS FURTHERORDERED that Faller's motion for expedited review (DN 157 ) is GRANTED. cc:Counsel; James Faller (CDR) (Entered: 03/12/2015)

03/09/2015 160 REPLY TO RESPONSE to Motion by James S. Faller, II re 157 MOTION to SetAside Protective Order MOTION to Redact Protective Order (Faller, James) (Entered:03/09/2015)

03/09/2015 159 EXPERT WITNESS DISCLOSURE by James S. Faller, II. (Faller, James) Modifiedto edit event and docket text on 3/10/2015 (JWM). (Entered: 03/09/2015)

03/09/2015 158 RESPONSE to Motion by USA as to James S. Faller, II re 157 MOTION to Set AsideProtective Order MOTION to Redact Protective Order Replies due by 3/26/2015.(Attachments: # 1 Proposed Order) (Gentry, Thomas) (Entered: 03/09/2015)

02/20/2015 157 MOTION to Set Aside Protective Order or MOTION to Redact Protective Order (DN111 ), and Request for Expedited Review by James S. Faller, II. Responses due by3/9/2015 (Attachments: # 1 Exhibit 1 − transfer of custody receipt, # 2 Exhibit 2 −11/17/2005 letter to Attorney General Alberto Gonzales, # 3 Exhibit 3 − 1/27/2015letter from Thomas G. Voracek, # 4 Exhibit 4 − 7/17/2006 letter to IRS, # 5 ProposedOrder) (Faller, James) Modified motion event and text and added alternative Motion toRedact on 2/25/2015 (CDR). (Entered: 02/20/2015)

01/06/2015 156 ORDER by Judge Greg N. Stivers on 1/6/2015 granting 154 MOTION for Recusal. ITIS HEREBY ORDERED that this matter is reassigned from Judge Greg N. Stivers toChief Judge Joseph H. McKinley, Jr. cc: Counsel, ES (CDR) (Entered: 01/06/2015)

01/05/2015 155 RESPONSE to Motion by USA as to James S. Faller, II re 154 MOTION for Recusalof Judge Greg N Stivers Replies due by 1/23/2015. (Attachments: # 1 Proposed Order)(Gentry, Thomas) (Entered: 01/05/2015)

12/18/2014 154 MOTION for Recusal of Judge Greg N Stivers by James S. Faller, II. Responses dueby 1/5/2015 (Attachments: # 1 Proposed Order, # 2 Exhibit Email from Government toFaller identifying conflicts) (Faller, James) (Entered: 12/18/2014)

12/11/2014 153 ORDER by Chief Judge Joseph H. McKinley, Jr.; Pursuant to General Order 2014−14,and effective 12/11/2014, case reassigned to Judge Greg N. Stivers for all furtherproceedings. Chief Judge Joseph H. McKinley, Jr. no longer assigned to case cc:Counsel (CDR) (Entered: 12/11/2014)

10/27/2014 152 ORDER by Chief Judge Joseph H. McKinley, Jr. on 10/27/2014 adopting 150 Reportand Recommendation as to James S. Faller II (1) and denying 115 Motion to ExcludeHicks' expert opinion, with leave to refile at a later date. cc: Counsel, JamesFaller(CDR) (Entered: 10/27/2014)

10/20/2014 151 NOTICE by USA (Attachments: # 1 Exhibit Declaration by AUSA Gentry) (Roth,Erin) (Entered: 10/20/2014)

09/15/2014 150 REPORT AND RECOMMENDATION by Magistrate Judge H. Brent Brennenstuhlon 9/15/2014 as to James S. Faller, II re 115 MOTION to Exclude Expert WitnessTestimony. The undersigned concludes that in an abundance of caution, it is


RECOMMENDED that the United States' motion to exclude Hicks' expert opinion(DN 115 ) be DENIED at this time, with leave to refile at a later date. Objections toR&R due by 10/2/2014 (Attachments: # 1 Proposed Order (no objections), # 2Proposed Order (objections)) cc: Counsel, James Faller, ES (CDR) (Entered:09/15/2014)

09/15/2014 149 ORDER by Magistrate Judge H. Brent Brennenstuhl on 9/12/2014 as to James S.Faller, II. The trial currently scheduled for 10/20/2014 is REMANDED. Jury Trial isset for 6/1/2015 at 9:00 AM in Bowling Green before Chief Judge Joseph H.McKinley Jr. The expected length of trial is fourteen (14) days. Any expert testimonyintended to be used under Rules 702, 703, or 705 of the Federal Rules of Evidenceshall be disclosed on or before 3/9/2015. Any rebuttal expert testimony of the sameshall be disclosed on or before 3/16/2015. Suppression Motions due by 3/23/2015.Daubert Motions due by 3/23/2015. Trial Memorandum, Proposed Jury Instructions,Proposed Voir Dire, Exhibit List, and United States' in camera Witness List due by5/4/2015. Motions in limine due by 5/18/2015, with responses due 5/25/2015. cc:Counsel, James Faller, ES, PB (CDR) (Entered: 09/15/2014)

09/15/2014 148 ORDER by Magistrate Judge H. Brent Brennenstuhl on 9/12/2014 as to James S.Faller II (1) granting 132 Motion to Continue Trial. Period from 10/20/2014 to thetime of trial waived pursuant to the Speedy Trial Act. Trial rescheduled for 6/1/2015.The 126 Motion to Continue deadline for filing motions to suppress granted. The 126Motion to Compel government to provide information related to destroyed documentsis withdrawn. The 117 Motion for Contempt relating to certain information theDefendant contends became public knowledge is withdrawn. The 116 Motion forExtension of Time for expert disclosure is granted. The 115 motion on behalf of theUnited States to exclude testimony by Defendant's expert David W. Hicks will beaddressed by way of separate report and recommendation. cc: Counsel, James Faller(CDR) (Entered: 09/15/2014)

09/12/2014 Proceedings held before Magistrate Judge H. Brent Brennenstuhl: Hearing on motionsas to James S. Faller, II held on 9/12/2014 re 115 , 116 , 117 , 126 , 132 . (CDR)(Entered: 09/15/2014)

09/10/2014 147 REPLY to Response to Motion re: DN 132 Motion to continue trial by James S.Faller, II (Faller, James) Modified link and text on 9/11/2014 (CDR). (Entered:09/10/2014)

09/09/2014 146 SEALED REPORT by Magistrate Judge H. Brent Brennenstuhl on 9/9/2014. (TBS)(Entered: 09/09/2014)

09/08/2014 145 REPLY TO RESPONSE to Motion by USA as to James S. Faller, II re 115 MOTIONto Exclude Expert Witness Testimony and Request for Pre−Trial Hearing MOTIONfor Hearing (Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered:09/08/2014)

09/08/2014 144 RESPONSE to Motion by USA as to James S. Faller, II re 132 MOTION to ContinueTrial Replies due by 9/25/2014. (Attachments: # 1 Proposed Order) (Voracek,Thomas) (Entered: 09/08/2014)

09/05/2014 143 RESPONSE to Motion by USA as to James S. Faller, II re 126 MOTION to Continuemotions to suppress and order to provide detailed list of what has been destroyedMOTION to Compel Replies due by 9/22/2014. (Attachments: # 1 Proposed Order)(Gentry, Thomas) (Entered: 09/05/2014)

08/29/2014 142 SEALED ORDER by Magistrate Judge H. Brent Brennenstuhl on 8/28/2014; denying130 sealed motion and 131 sealed motion. cc: filing party only service by U.S. Mail onpaper (TLB) (Entered: 08/29/2014)

08/27/2014 141 SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re 129 Order on ExParte Motion. (Attachments: # 1 Exhibit 1) (Faller, James) (Entered: 08/27/2014)

08/27/2014 140 SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re 128 Order on ExParte Motion. (Attachments: # 1 Exhibit 1) (Faller, James) (Entered: 08/27/2014)

08/26/2014 139 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re 128 Order onEx Parte Motion. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Faller,James) (Entered: 08/26/2014)


08/26/2014 138 SEALED REPORT by Magistrate Judge H. Brent Brennenstuhl on 8/25/2014. (TLB)(Entered: 08/26/2014)

08/25/2014 137 RESPONSE to Motion by James S. Faller, II re 115 MOTION to Exclude ExpertWitness Testimony and Request for Pre−Trial Hearing MOTION for Hearing Repliesdue by 9/11/2014. (Attachments: # 1 Exhibit 1 Sworn Statement of David Hicks, CPA,CFF, # 2 Proposed Order) (Faller, James) (Entered: 08/25/2014)

08/25/2014 135 SEALED REPORT by Magistrate Judge H. Brent Brennenstuhl on 8/22/2014. (TLB)(Entered: 08/25/2014)

08/22/2014 136 SEALED DOCUMENT (TBS) (Entered: 08/25/2014)



08/22/2014 132 MOTION to Continue Trial by James S. Faller, II. Responses due by 9/8/2014(Attachments: # 1 Exhibit Govt email agreeing to continue, # 2 Exhibit Governmentoffering meeting, # 3 Proposed Order) (Faller, James) (Entered: 08/22/2014)

08/22/2014 131 SEALED MOTION: Sealed pursuant to MOTION TO SEAL re 130 SEALEDMOTION for Leave to Seal a Document. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, #3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Proposed Order) (Faller,James) (Entered: 08/22/2014)

08/22/2014 130 SEALED MOTION for Leave to Seal a Document by James S. Faller, II.(Attachments: # 1 Proposed Order) (Faller, James) (Entered: 08/22/2014)

08/22/2014 129 SEALED ORDER by Magistrate Judge H. Brent Brennenstuhl on 8/21/2014 grantingin part and denying in part 125 Ex Parte Motion. cc: Filing Attorney only; service byU.S. Mail on paper. (TBS) (Entered: 08/22/2014)

08/22/2014 128 SEALED ORDER by Magistrate Judge H. Brent Brennenstuhl on 8/18/2014 granting120 Ex Parte Motion. cc: Filing Attorney only; service by U.S. Mail on paper. (TBS)(Entered: 08/22/2014)


08/18/2014 126 MOTION to Continue motions to suppress and order to provide detailed list of whathas been destroyed by James S. Faller, II. Responses due by 9/5/2014 (Attachments: #1 Exhibit Exhibit 1 letter to Govt requesting materials, # 2 Exhibit Exhibit 2government first response, # 3 Exhibit Exhibit 3 government 2nd response, # 4 ExhibitExhibit 4 David Hicks sworn statement of interferrence, # 5 Proposed Order Order toContinue, # 6 Proposed Order Order to provide list of what and when materials weredestroyed) (Faller, James). Added MOTION to Compel on 8/19/2014 (TJD). (Entered:08/18/2014)

08/18/2014 125 EX PARTE MOTION by James S. Faller, II. (Attachments: # 1 Proposed Order)(Faller, James) (Entered: 08/18/2014)

08/18/2014 124 RESPONSE to Motion by USA as to James S. Faller, II re 117 MOTION forContempt to show cause Replies due by 9/5/2014. (Attachments: # 1 Proposed Order)(Voracek, Thomas) (Entered: 08/18/2014)


08/14/2014 122 SEALED ORDER by Magistrate Judge H. Brent Brennenstuhl on 8/14/2014 granting121 Ex Parte Motion. cc:Filing Attorney only; service by U.S. Mail on paper. (TBS)(Entered: 08/14/2014)


08/11/2014 120 EX PARTE MOTION by James S. Faller, II. (Attachments: # 1 Exhibit Exhibit 1, # 2Exhibit Exhibit 2) (Faller, James) (Entered: 08/11/2014)



08/11/2014 118 SEALED ORDER by Magistrate Judge H. Brent Brennenstuhl on 8/7/2014 granting113 Sealed Motion as to James S. Faller II (1). cc: Filing Party only; service by U.S.Mail on paper. (CDRS) (Entered: 08/11/2014)

08/08/2014 117 MOTION for Contempt to show cause by James S. Faller, II. Responses due by8/25/2014 (Attachments: # 1 Proposed Order) (Faller, James) (Entered: 08/08/2014)

08/08/2014 116 MOTION for Extension of Time to Complete Discovery to provide expert reports byJames S. Faller, II. Responses due by 8/18/2014 (Attachments: # 1 Exhibit Exhibit1Government formal request for expert report, # 2 Exhibit Exhibit 2 Governmentemails with admission that they have materials and Def response, # 3 Exhibit Exhibit2Aattachment to government emails, # 4 Exhibit Exhibit 3 Aprile letter asking forhelp, # 5 Proposed Order) (Faller, James) (Entered: 08/08/2014)

08/08/2014 115 MOTION to Exclude Expert Witness Testimony and MOTION for Pre−Trial Hearingby USA as to James S. Faller, II. Responses due by 8/25/2014 (Attachments: # 1Proposed Order, # 2 Exhibit Attachment One, # 3 Exhibit Attachment Two) (Voracek,Thomas). Added MOTION for Hearing on 8/11/2014 (CDR). (Entered: 08/08/2014)

08/07/2014 114 SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re 113 SEALEDMOTION: Sealed pursuant to LEAVE OF COURT re 60 Order on Motion toConsider,,.. (Attachments: # 1 Proposed Order Exhibit 1) (Faller, James) (Entered:08/07/2014)

08/06/2014 113 SEALED MOTION: Sealed pursuant to LEAVE OF COURT re 60 Order on Motionto Consider,,. (Attachments: # 1 Sealed, # 2 Sealed, # 3 Sealed, # 4 Sealed# 5Proposed Order) (Faller, James) Modified attachment descriptions on 8/7/2014(CDRS). (Entered: 08/06/2014)

07/31/2014 112 PROTECTIVE ORDER by Magistrate Judge H. Brent Brennenstuhl on 7/31/2014 asto James S. Faller, II cc: Counsel; James S. Faller, II (CDR) (Entered: 07/31/2014)

07/31/2014 111 ORDER granting 78 Motion for Protective Order regarding discovery as to James S.Faller II (1). Signed by Magistrate Judge H. Brent Brennenstuhl on 7/31/2014. cc:Counsel, James S. Faller, II (CDR) (Entered: 07/31/2014)

07/28/2014 110 NOTICE of service of expert report pursuant to rule 16 (Faller, James) Modified texton 7/29/2014 (CDR). (Entered: 07/28/2014)

07/25/2014 109 SEALED ORDER signed by Magistrate Judge H. Brent Brennenstuhl on 07/25/2014denying 71 Motion to Compel as to James S. Faller II (1). cc: Counsel of Record;James Faller, pro se (TJDS) (Entered: 07/25/2014)

07/14/2014 108 SEALED ORDER by Magistrate Judge H. Brent Brennenstuhl on 07/11/2014 re 92SEALED MOTION for Leave to Seal a Document by USA. (TJDS) (Entered:07/14/2014)

06/27/2014 107 ORDER by Magistrate Judge H. Brent Brennenstuhl on 6/27/2014. IT IS HEREBYORDERED that Faller's "motion for order directing the government to provide thedefendant discovery material pursuant to this court's March 7th, 2014 Order" (DN 57 )is DENIED. Insofar the request calls for production of documentation related to JamesG. McAdams, II, and IRS employees John Ambach and Matthew Sauber, this requestis DENIED (DN 57 ). Insofar the requests calls for production of documentationpertaining to IRS Director, Lois Lerner, this request is DENIED (DN 57 ). Faller'srequest for the grand jury testimony, including exhibits, of his former CPA, Jack Fordis DENIED, as addressed by the undersigned in the order at DN 106 . cc: Counsel;James S. Faller, II, pro se (CDR) (Entered: 06/27/2014)

06/23/2014 106 ORDER by Magistrate Judge H. Brent Brennenstuhl on 6/19/2014. The undersignedhas now completed review of the grand jury transcript, and finalizes the ruling onFaller's motions DN 42 , 45 , 56 , and 57 insofar as these motions relate to a request ofdisclosure of the grand jury testimony. IT IS HEREBY ORDERED that the portion ofFaller's "motion for order directing an extensive Brady material review by thegovernment" (DN 42 ) in which he requested production of the Jack Ford grand jurytestimony transcript, which the undersigned previously deferred ruling on, is DENIED.Further, insofar as Faller's "motion for order directing the government to provide thedefendant discovery material pursuant to this Court's March 7th, 2014 Order" calls fordisclosure of Jack Ford's grand jury testimony, this request is DENIED (DN 57 ). cc:


Counsel; James S. Faller, II, pro se(CDR) (Entered: 06/23/2014)

06/16/2014 105 SEALED REPORT by Magistrate Judge H. Brent Brennenstuhl on 06/16/2014. cc:James Faller (TJDS) (Entered: 06/16/2014)

06/09/2014 104 SEALED REPORT by Magistrate Judge H. Brent Brennenstuhl on 6/9/2014. cc:James Faller (CDRS) (Entered: 06/09/2014)

06/06/2014 103 SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re 97 Order onMotion to Compel,. (Gentry, Thomas) (Entered: 06/06/2014)

06/06/2014 102 NOTICE of Government's Compliance with Court's Order by USA re 97 Order onMotion to Compel, (Gentry, Thomas) (Entered: 06/06/2014)

06/02/2014 101 ORDER by Magistrate Judge H. Brent Brennenstuhl on 5/30/2014 − Exhibit 3 to 98Reply to Response filed by James S. Faller, II replaced with redacted exhibit.cc:counsel (DAK) (Entered: 06/02/2014)

06/02/2014 100 RESPONSE to Motion by James S. Faller, II re 78 MOTION Motion for ProtectiveOrder regarding Discovery Replies due by 6/19/2014. (Attachments: # 1 ProposedOrder Proposed Order) (Faller, James) (Entered: 06/02/2014)

05/29/2014 99 NOTICE of filing redacted exhibit 3 to DN 98 (Attachments: # 1 Exhibit Replacementfor exhibit 3 in redacted for to DN 98) (Faller, James) (Entered: 05/29/2014)

05/29/2014 98 REPLY TO RESPONSE to Motion by James S. Faller, II re 57 MOTION for Releaseof Brady Materials in response to Court order DE 39 (Attachments: # 1 ExhibitExhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5Exhibit Exhibit 5, # 6 Exhibit Exhibit 6) (Faller, James) (Attachment 3 replaced on6/2/2014) (DAKS). (Entered: 05/29/2014)

05/29/2014 97 ORDER by Magistrate Judge H. Brent Brennenstuhl on 5/27/2014 − 42 Motion toCompel is DENIED IN PART and DEFERRED IN PART; the United States shallsubmit to this Court, under seal, a transcript of the grand jury testimony of CPA, JackFord, to the Court within ten (10) days. 45 Motion to Continue Trial is DENIED INPART and GRANTED IN PART.cc:counsel (DAK) (Entered: 05/29/2014)

05/22/2014 96 ORDER by Magistrate Judge H. Brent Brennenstuhl on 5/21/2014 as to James S.Faller II, granting 45 Motion to Continue Trial and 72 Supplemental Motion toContinue Trial. The jury trial scheduled for 6/30/2014 is vacated. Jury Trial assignedfor 10/20/2014 at 9:00 AM in Bowling Green before Chief Judge Joseph H. McKinleyJr. The approximate length of trial is ten (10) days. Any expert testimony shall bedisclosed on or before 7/28/2014. Rebuttal expert testimony due 8/11/2014.Suppression Motions and Daubert Motions due by 8/18/2014. Trial Memorandum,Proposed Jury Instructions, Proposed Voir Dire, Exhibit List, and United States' incamera Witness List due 9/29/2014. Motions in limine due by 10/8/2014. Responsesshall be filed on or before 10/13/2014. Time between entry of this Order and date oftrial excluded in computing time under the Speedy Trial Act. cc: Counsel; James S.Faller, II, pro se; ES; PB (CDR) (Entered: 05/22/2014)

05/20/2014 Proceedings held before Magistrate Judge H. Brent Brennenstuhl: TelephoneConference as to James S. Faller, II held on 5/20/2014 (CDR) Modified Judge on5/22/2014 (CDR). (Entered: 05/22/2014)

05/20/2014 95 SEALED ORDER by Magistrate Judge H. Brent Brennenstuhl on 5/20/2014 denying69 Ex Parte Motion as to James S. Faller II (1). cc: Filing Party only; service by U.S.Mail on paper. (CDRS) (Entered: 05/20/2014)

05/20/2014 94 SEALED ORDER by Magistrate Judge H. Brent Brennenstuhl on 5/20/2014 granting79 Ex Parte Motion as to James S. Faller II (1). cc: Filing Attorney only; service byU.S. Mail on paper. (CDRS) (Entered: 05/20/2014)

05/20/2014 93 ORDER by Magistrate Judge H. Brent Brennenstuhl on 5/19/2014 granting 84 Motionfor Extension of Time to File Response/Reply as to James S. Faller II (1). TheDefendant shall have up to and including 5/29/2014 to file a reply to the government'sresponse (DE 74 ), re 57 Motion for Release of Brady Materials. cc: Counsel; JamesFaller, II, pro se (CDR) (Entered: 05/20/2014)



05/16/2014 SEALED RESPONSE to Motion (SEE DN 83 to view PDF.) re 71 SUPPLEMENTALMOTION to Compel Brady Material Review., by USA. Replies due by 6/2/2014.(CDRS) (Entered: 05/19/2014)

05/16/2014 91 ORDER by Magistrate Judge H. Brent Brennenstuhl on 5/16/2014 as to James S.Faller, II. Telephone Conference set for 5/20/2014 at 1:00 PM CDT before MagistrateJudge H. Brent Brennenstuhl. The purpose of the conference call is to discussDefendant's Motion to Continue Trial (DN 45 ) and the Supplemental Motion toContinue Trial (DN 72 ). cc: Counsel, Defendant Faller (CDR) (Entered: 05/16/2014)

05/16/2014 90 AMENDED Notice of Change of Address by James S. Faller, II. Responses due by6/2/2014 (Faller, James) Modified event text on 5/19/2014 (CDR). (Entered:05/16/2014)




05/16/2014 86 SEALED ORDER by Magistrate Judge H. Brent Brennenstuhl on 5/16/2014 re 76 ExParte Motion as to James S. Faller II (1). cc: Filing Attorney only; service by U.S.Mail on paper. (CDRS) (Entered: 05/16/2014)

05/16/2014 85 AMENDED UNOPPOSED MOTION for Extension of Time to File Response/Replyre 57 MOTION for Release of Brady Materials in response to Court order DE 39 filedby James S. Faller, II, 74 Response to Motion filed by USA, 57 MOTION for Releaseof Brady Materials in response to Court order DE 39 filed by James S. Faller, II byJames S. Faller, II. Responses due by 6/2/2014 (Attachments: # 1 Proposed Order)(Faller, James) Modified event and text on 5/19/2014 (CDR). (Entered: 05/16/2014)

05/16/2014 84 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 74Response to Motion, 57 MOTION for Release of Brady Materials in response to Courtorder DE 39 by James S. Faller, II. Responses due by 5/27/2014 (Attachments: # 1Proposed Order) (Faller, James) Modified to add text on 5/19/2014 (CDR). (Entered:05/16/2014)

05/16/2014 83 SEALED RESPONSE to Motion re 71 Supplemental Motion to Compel BradyMaterial Review by USA as to James S. Faller, II. (Attachments: # 1 Proposed Order)(Voracek, Thomas) Modified event text on 5/19/2014 and linked to DNs 71 and 92 .(CDRS). (Entered: 05/16/2014)

05/16/2014 82 RESPONSE to Motion by USA as to James S. Faller, II re 72 SUPPLEMENTALMOTION to Continue Trial Replies due by 6/2/2014. (Attachments: # 1 ProposedOrder) (Voracek, Thomas) (Main Document 82 replaced on 5/19/2014) (CDR).(Attachment 1 replaced on 5/19/2014) (CDR). Modified on 5/19/2014 to switchplacement of main document and attachment (CDR). (Entered: 05/16/2014)

05/13/2014 81 ORDER by Magistrate Judge H. Brent Brennenstuhl on 5/13/2014. IT IS HEREBYORDERED that Faller's motion to reveal conflicts (DN 41 ) is DENIED. cc: Counsel;James Faller, pro se (CDR) (Entered: 05/13/2014)

05/08/2014 80 ORDER by Chief Judge Joseph H. McKinley, Jr. on 5/8/2014 as to James S. Faller, II.Matter is referred to United States Magistrate Judge H. Brent Brennenstuhl fordetermination of nondispositive matters and for a report and recommendation ondispositive matters. cc: Counsel; James Faller; KL (CDR) (Entered: 05/08/2014)

05/08/2014 79 EX PARTE MOTION by USA as to James S. Faller, II. (Attachments: # 1 ProposedOrder) (Voracek, Thomas) (Entered: 05/08/2014)


05/08/2014 78 MOTION for Protective Order regarding Discovery by USA as to James S. Faller, II.Responses due by 5/27/2014 (Attachments: # 1 Proposed Order) (Voracek, Thomas)Modified text on 5/9/2014 (CDR). (Entered: 05/08/2014)

05/06/2014 77 EX PARTE MOTION by James S. Faller, II. (Attachments: # 1 Exhibit Exhibit 1, # 2Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Proposed Order) (Faller, James) (Entered:05/06/2014)


05/06/2014 75 EX PARTE MOTION by James S. Faller, II. (Attachments: # 1 Exhibit Exhibit 1, # 2Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Proposed Order) (Faller, James) (Entered:05/06/2014)

05/02/2014 74 RESPONSE to Motion by USA as to James S. Faller, II re 57 MOTION for Release ofBrady Materials in response to Court order DE 39 Replies due by 5/19/2014.(Attachments: # 1 Proposed Order) (Gentry, Thomas) (Entered: 05/02/2014)

05/01/2014 73 NOTICE of Change of Address by James S. Faller, II (Faller, James) (Entered:05/01/2014)

05/01/2014 72 SUPPLEMENTAL MOTION to Continue Trial re 45 Motion to Continue, Motion forHearing, by James S. Faller, II. Responses due by 5/19/2014 (Faller, James) Modifiedevent and text on 5/2/2014 (CDR). (Entered: 05/01/2014)

05/01/2014 71 SUPPLEMENTAL MOTION to Compel Brady review re 42 Motion to Compel byJames S. Faller, II. Responses due by 5/19/2014 (Attachments: # 1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5)(Faller, James) Modified event and text on 5/2/2014 (CDR). (Entered: 05/01/2014)

04/30/2014 70 NOTICE of request for stipulations (Attachments: # 1 Exhibit Exhibit 1) (Faller,James) (Entered: 04/30/2014)

04/30/2014 69 EX PARTE MOTION by James S. Faller, II. Responses due by 5/19/2014(Attachments: # 1 Affidavit, # 2 Exhibit Exhibit 1 to Affidavit, # 3 Exhibit Exhibit 2 toAffidavit, # 4 Exhibit Exhibit 3 to Affidavit, # 5 Exhibit Exhibit 3 to Affidavit, # 6Exhibit Exhibit 4 to Affidavit, # 7 Proposed Order) (Faller, James) Modified event toseal on 5/1/2014 (CDR). (Entered: 04/30/2014)


04/28/2014 67 SEALED ORDER by Magistrate Judge H. Brent Brennenstuhl on 4/28/2014, as toJames S. Faller II (1), denying 64 Ex Parte Motion. cc: Filing Party only; service byU.S. Mail on paper. (CDRS) (Entered: 04/28/2014)

04/28/2014 66 SEALED ORDER by Magistrate Judge H. Brent Brennenstuhl on 4/28/2014, as toJames S. Faller II (1), granting 63 Ex Parte Motion. cc: Filing Party only; service byU.S. Mail on paper. (CDRS) (Entered: 04/28/2014)

04/28/2014 65 SEALED ORDER by Magistrate Judge H. Brent Brennenstuhl on 4/28/2014 as toJames S. Faller II (1), granting in part and denying in part 62 Ex Parte Motion. cc:Filing Party only; service by U.S. Mail on paper. (CDRS) (Entered: 04/28/2014)



04/22/2014 62 EX PARTE MOTION by James S. Faller, II. (Attachments: # 1 Exhibit Exhibit 1, # 2Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, # 7 Proposed Order) (Faller, James) (Entered: 04/22/2014)

04/22/2014 61 REPLY TO RESPONSE to Motion by James S. Faller, II re 41 MOTION forDisclosure of reason for recusal by Western District of Kentucky USAO (Faller, James)(Entered: 04/22/2014)

04/17/2014 60 ORDER by Chief Judge Joseph H. McKinley, Jr. on 5/17/2014 granting 43 Motion forCourt Order Regarding Issuance of Subpoenas by James S. Faller II (1). The


Defendant may request the issuance of these subpoenas on an ex parte basis. However,the Defendant must make the required showing for each subpoena. If the Court issatisfied the required showing has been made, it will authorize the clerk to issue thesubpoena. The clerk will indicate on the subpoenas a return date. The documents willbe returned to the Court on the date provided. When the items arrive, pursuant to Rule17(c), the court may permit the parties and their attorneys to inspect all or part of them.cc: Counsel; James S. Faller, II, pro se (CDR) (Entered: 04/17/2014)

04/17/2014 59 ORDER by Chief Judge Joseph H. McKinley, Jr. on 4/16/2014 denying 28 Motion toCompel the return of evidence as to James S. Faller II (1). cc: Counsel, Defendant(CDR) (Entered: 04/17/2014)

04/16/2014 58 ORDER by Chief Judge Joseph H. McKinley, Jr. on 4/16/2014 granting 50 Motion toTake Deposition of John W. McGuire as to James S. Faller II (1). The pro seDefendant shall coordinate the time and location of the deposition during the weeks ofApril 28 or May 5, 2014, with counsel for the United States via email forthwith. cc:Counsel, James Faller (CDR) (Entered: 04/16/2014)

04/15/2014 57 MOTION for Release of Brady Materials in response to Court order DE 39 by JamesS. Faller, II. Responses due by 5/2/2014 (Attachments: # 1 Exhibit Exhibit 1, # 2Exhibit 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 Proposed OrderOrder to produce Grand Jury material related to CPA Jack Ford, # 10 Proposed OrderOrder to provide contacts made with James G. McAdams III, # 11 Proposed OrderOrder to produce materials related to Lois Lerner) (Faller, James) (Entered:04/15/2014)

04/14/2014 56 REPLY TO RESPONSE to Motion by James S. Faller, II re 42 MOTION to CompelGovernment to perform extensive BRADY review (Attachments: # 1 Exhibit Exhibit 1,# 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 3a, # 5 Exhibit Exhibit4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 6a, # 9 ExhibitExhibit 7) (Faller, James) (Entered: 04/14/2014)

04/11/2014 55 REPLY TO RESPONSE to Motion by James S. Faller, II re 50 Emergency MOTIONto Take Deposition of material witness John W. McGuire (Faller, James) (Entered:04/11/2014)

04/09/2014 54 RESPONSE to Motion by USA as to James S. Faller, II re 50 Emergency MOTION toTake Deposition of material witness Replies due by 4/28/2014. (Attachments: # 1Proposed Order) (Gentry, Thomas) (Entered: 04/09/2014)

04/09/2014 53 REPLY TO RESPONSE to Motion by James S. Faller, II re 28 MOTION to Compelreturn of evidence Computer (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5) (Faller, James)(Entered: 04/09/2014)

04/07/2014 52 RESPONSE to Motion by USA as to James S. Faller, II re 41 MOTION for Disclosureof reason for recusal Replies due by 4/24/2014. (Attachments: # 1 Proposed Order)(Gentry, Thomas) (Entered: 04/07/2014)

04/07/2014 51 Reply to Response to Motion by James S. Faller, II re 43 MOTION to ConsiderIssuance of Subpoenas. (Faller, James) Modified text and link on 4/8/2014 (CDR).(Entered: 04/07/2014)

04/07/2014 50 Emergency MOTION to Take Deposition of material witness by James S. Faller, II.Responses due by 4/24/2014 (Attachments: # 1 Exhibit Exhibit 1, # 2 Proposed Order)(Faller, James) (Entered: 04/07/2014)

04/04/2014 49 ORDER Signed by Chief Judge Joseph H. McKinley, Jr on 4/4/2014.granting 48Motion for Extension of Time to File Response up to 4/7/2014 as to James S. Faller II(1) cc:counsel (KJA) (Entered: 04/04/2014)

04/03/2014 48 MOTION for Extension of Time to File Response/Reply as to 41 MOTION forDisclosure of reason for recusal (unopposed) by USA as to James S. Faller, II.Responses due by 4/14/2014 (Attachments: # 1 Proposed Order) (Gentry, Thomas)(Entered: 04/03/2014)


03/28/2014 47 RESPONSE to Motion by USA as to James S. Faller, II re 43 MOTION to Considerissuance of Subpoenas by Defendant Replies due by 4/14/2014. (Attachments: # 1Proposed Order) (Gentry, Thomas) (Entered: 03/28/2014)

03/28/2014 46 RESPONSE to Motion by USA as to James S. Faller, II re 42 MOTION to CompelGovernment to perform extensive BRADY review Replies due by 4/14/2014.(Attachments: # 1 Proposed Order) (Gentry, Thomas) (Entered: 03/28/2014)

03/27/2014 45 Unopposed MOTION to Continue Trial and Supplemental to Motion for Order ofExtensive Brady Review re 42 and MOTION for Evidentiary Hearing to Determinethe Degree of Materials which Continue to be Withheld by James S. Faller, II.Responses due by 4/14/2014 (Attachments: # 1 Proposed Order, # 2 Exhibit 1 −e−mail, # 3 Exhibit 2 − e−mail, # 4 Exhibit 3 − e−mail, # 5 Exhibit 4 − SwornAffirmation of David Hicks, # 6 Exhibit 5 − Correspondence, # 7 Exhibit 6 −correspondence) (Faller, James). Added MOTION for Hearing and link to DN 42 on3/28/2014 (CDR). Modified to add exhibit descriptions on 3/28/2014 (CDR). (Entered:03/27/2014)

03/25/2014 44 RESPONSE to Notice by USA as to James S. Faller, II re 40 NOTICE for Notice ofIntent by Government to Introduce 404 (b) material (Voracek, Thomas) Modified texton 3/26/2014 (CDR). (Entered: 03/25/2014)

03/17/2014 43 MOTION to Consider issuance of Subpoenas by Defendant by James S. Faller, II.Responses due by 4/3/2014 (Attachments: # 1 Proposed Order) (Faller, James)(Entered: 03/17/2014)

03/17/2014 42 MOTION to Compel Government to perform extensive BRADY review by James S.Faller, II. Responses due by 4/3/2014 (Attachments: # 1 Exhibit Exhibit 1, # 2 ExhibitExhibit 2, # 3 Proposed Order) (Faller, James) (Entered: 03/17/2014)

03/17/2014 41 MOTION for Disclosure of reason for recusal by James S. Faller, II. Responses dueby 4/3/2014 (Attachments: # 1 Proposed Order) (Faller, James) (Entered: 03/17/2014)

03/11/2014 40 Notice for Notice of Intent by Government to Introduce 404 (b) material re 39 Order,by James S. Faller, II. Responses due by 3/28/2014 (Faller, James) Modified event andtext and added link on 3/12/2014 (CDR). (Entered: 03/11/2014)

03/07/2014 39 ORDER by Chief Judge Joseph H. McKinley, Jr. on 3/6/2014. Telephonic statusconference held 3/5/2014. Defendant withdraws his motion for release of sealeddocuments (DN 15 ). The Defendant's 38 Motion for Extension of Time to FileResponse/Reply as to his motion to compel return of evidence (DN 38 ) is granted.Defendant shall file his reply no later than 4/10/2014. Jury Trial assigned for6/30/2014 at 9:00 a.m. in Bowling Green, Kentucky, before Chief Judge Joseph H.McKinley, Jr. The approximate length of trial is one week. Any motion for additionaldiscovery or inspection shall be made on or before 4/15/2014. All other defensivemotions pursuant to Fed. R. Cr. P. 12(b), including motions to suppress, shall be filedby 4/15/2014. Defendant shall make all necessary expert testimony disclosures by5/15/2014. United States' rebuttal expert disclosures due by 5/27/2014. Daubertmotions due by 6/6/2014. Trial Memorandum, Proposed Jury Instructions, ProposedVoir Dire, Exhibit List, and United States' in camera Witness List due by 6/6/2014.Motions in limine shall be filed by 6/16/2014, with responses due by 6/23/2014.Period of time between 3/5/2014 and the date of trial waived pursuant to the SpeedyTrial Act. cc: Counsel; James S. Faller, II; USM; USP; PB (CDR) (Entered:03/07/2014)

03/05/2014 Proceedings held before Chief Judge Joseph H. McKinley, Jr.: Telephonic StatusConference as to James S. Faller, II held on 3/5/2014 (CDR) (Entered: 03/07/2014)

02/19/2014 38 MOTION for Extension of Time to File Response/Reply re 28 Motion to CompelReturn of Evidence by James S. Faller, II. Responses due by 3/3/2014 (Attachments: #1 Exhibit Exhibit 1, # 2 Proposed Order) (Faller, James) Modified to add link and texton 2/20/2014 (CDR). (Entered: 02/19/2014)

02/19/2014 37 ORDER by Chief Judge Joseph H. McKinley, Jr. on 2/18/2014 denying as moot 36Motion for Disclosure of possible conflicts by Judge as to James S. Faller II (1). TheCourt is aware of its ethical obligations and should a need arise to disclose on therecord any information relating to the Court's qualifications to preside over this case,the Court will comply with those obligations. cc: Counsel, James Faller (CDR)


(Entered: 02/19/2014)

02/17/2014 36 MOTION for Disclosure of possible conflicts by Judge by James S. Faller, II.Responses due by 3/6/2014 (Attachments: # 1 Proposed Order) (Faller, James)(Entered: 02/17/2014)

02/11/2014 35 ORDER by Chief Judge Joseph H. McKinley, Jr. on 2/11/2014 declaring as moot 27Motion for Disclosure of Possible Judicial Conflicts as to James S. Faller II (1). cc:Counsel; James S. Faller, II (CDR) (Entered: 02/11/2014)

02/10/2014 34 ORDER by Senior Judge Thomas B. Russell on 2/10/2014 granting 33 MOTION toDisqualify in case as to James S. Faller, II. The undersigned judge hereby recuseshimself from this matter; and this case is reassigned to the docket of Chief JudgeJoseph H. McKinley, Jr. for all further proceedings and disposition. Counsel anddefendant are instructed to change the criminal action number to reflect the initial (M)in place and instead of the initial (R) on all further pleadings. cc: Counsel, JamesFaller, ES (CDR) (Entered: 02/10/2014)

02/07/2014 33 MOTION to Disqualify Judge or, in the alternative, MOTION for an Order DirectingSequestration and Non−Dissemination of Information by James S. Faller, II.Responses due by 2/24/2014 (Attachments: # 1 Proposed Order, # 2 Proposed Order)(Faller, James). Added alternative MOTION on 2/10/2014 (CDR). (Entered:02/07/2014)

02/06/2014 NOTICE OF DOCKET CORRECTION re 31 Response to Motion; Error: Systemgenerated replies due date incorrect; Correction: Replies due date changed from2/24/2014 to 2/19/2014 pursuant to Order (DN 30 ). (CDR) (Entered: 02/06/2014)

02/06/2014 32 NOTICE of Deficiency re 31 Response to Motion: failure to comply, by filing aproposed order, will be brought to the attention of the Court. Response due by2/13/2014. (CDR) (Entered: 02/06/2014)

02/05/2014 31 RESPONSE to Motion by USA as to James S. Faller, II re 28 MOTION to Compelreturn of evidence Replies due by 2/19/2014. (Attachments: # 1 Exhibit Emails 19 Nov2010) (Gentry, Thomas) Modified replies due date on 2/6/2014 (CDR). (Entered:02/05/2014)

02/05/2014 30 ORDER for proceedings held before Senior Judge Thomas B. Russell: TelephonicFurther Proceedings Hearing as to James S. Faller, II held on 1/30/2014. The UnitedStates shall respond to the Motion to Compel (DN 28 ) by 2/5/2014. Defendant shallreply by 2/19/2014. No later than 2/7/2014, James Faller shall file any motionregarding recusal. Telephonic Further Proceedings set for 3/5/2014 at 11:30 AMbefore Senior Judge Thomas B. Russell. Period of delay between 1/30/2014 and3/5/2014 excluded from time allowed for a speedy trial. (Court Reporter Terri Turner.)cc: Counsel, James Faller (CDR) (Entered: 02/05/2014)

01/28/2014 29 RESPONSE to Motion by USA as to James S. Faller, II re 27 MOTION for disclosureof possible judicial conflicts Replies due by 2/14/2014. (Attachments: # 1 ProposedOrder) (Gentry, Thomas) (Entered: 01/28/2014)

01/22/2014 28 MOTION to Compel return of evidence by James S. Faller, II. Responses due by2/10/2014 (Attachments: # 1 Proposed Order, # 2 Exhibit 1 − IRS Memorandum, # 3Exhibit 2 − Inventory, # 4 Exhibit 3 − Release and Receipt of Property, # 5 Exhibit 4 −e−mail , # 6 Exhibit 4A − e−mail, # 7 Exhibit 5 − Release and Receipt of Property)(Faller, James) Modified to add exhibit descriptions on 1/23/2014 (CDR). (Entered:01/22/2014)

01/15/2014 27 MOTION for disclosure of possible judicial conflicts by James S. Faller, II. Responsesdue by 2/3/2014 (Attachments: # 1 Proposed Order) (Faller, James) (Entered:01/15/2014)

12/23/2013 26 ORDER for proceedings held before Senior Judge Thomas B. Russell: TelephonicFurther Proceedings Hearing as to James S. Faller, II held on 12/20/2013. TelephonicFurther Proceedings set for 1/30/2014 at 2:00 PM before Senior Judge Thomas B.Russell. Period of delay between 12/20/2013 and 1/30/2014 excluded from timeallowed for a speedy trial. (Court Reporter Terri Turner.) cc: James S. Faller, II;Counsel (CDR) (Entered: 12/23/2013)


11/15/2013 25 Order for proceedings held before Senior Judge Thomas B. Russell:TelephoneConference as to James S. Faller, II held on 11/15/2013; Telephonic FurtherProceeding set for 12/20/2013 at 10:30 AM before Senior Judge Thomas B. Russell.See order for specifics. (Court Reporter Terri Turner.) cc:counsel (KJA) (Entered:11/15/2013)

11/06/2013 24 MEMORANDUM OPINION AND ORDER by Senior Judge Thomas B. Russell on11/6/2013 as to James S. Faller, II. This matter is before the Court upon DefendantFaller's request for the government to divulge a written summary of any testimony ofan expert witness it intends to use at trial pursuant to Fed. R. Crim. Proc. 16. (DocketNo. 23 .) The Court will DENY Defendant's request to compel the government toproduce more comprehensive written summaries and prior trial testimony. cc: Counsel(CDR) (Entered: 11/06/2013)

10/07/2013 23 REPLY TO RESPONSE to Motion by James S. Faller, II re 13 MOTION forDiscovery Motion for disclosure of expert witnesses (Faller, James) (Entered:10/07/2013)

09/26/2013 22 NOTICE Regarding U.S. Passport for Criminal Defendant re 7 Receipt for Passport(CDR) (Entered: 09/27/2013)

09/26/2013 21 ORDER for proceedings held before Senior Judge Thomas B. Russell: TelephonicFurther Proceedings Hearing as to James S. Faller, II held on 9/25/2013. TelephonicFurther Proceedings set for 11/15/2013 at 10:00 AM before Senior Judge Thomas B.Russell. Period of delay between 9/25/2013 and 11/15/2013 excluded from timeallowed for a speedy trial. Pending motions filed by defendant at DNs 12 , 13 , 14 ,and 15 are moot, with leave to refile. (Court Reporter Terri Turner.) cc: Counsel;James S. Faller, II, pro se (CDR) (Entered: 09/26/2013)

09/20/2013 20 RESPONSE to Motion by USA as to James S. Faller, II re 14 MOTION for Release ofBrady Materials Replies due by 10/7/2013. (Attachments: # 1 Proposed Order)(Gentry, Thomas) (Entered: 09/20/2013)

09/20/2013 19 RESPONSE to Motion by USA as to James S. Faller, II re 13 MOTION for DiscoveryMotion for disclosure of expert witnesses Replies due by 10/7/2013. (Attachments: # 1Proposed Order) (Gentry, Thomas) (Entered: 09/20/2013)

09/20/2013 NOTICE OF DOCKET CORRECTION re 17 18 Motions; Error: Incorrect eventsselected. (Due to browser issues, filer was unable to use the "Notice (Other)" event.);Correction: Docket text corrected and motion events terminated. (CDR) (Entered:09/20/2013)

09/19/2013 18 Defense Judicial Notice Pursuant to Fed. R. Evid. 201 by James S. Faller, II.Responses due by 10/7/2013 (Attachments: # 1 Exhibit) (Faller, James) Modified texton 9/20/2013 (CDR). (Entered: 09/19/2013)

09/19/2013 17 Defense Notice of Intent to Call Expert Witnesses by James S. Faller, II. Responsesdue by 10/7/2013 (Faller, James) Modified event text on 9/20/2013 (CDR). (Entered:09/19/2013)

09/16/2013 NOTICE OF DOCKET CORRECTION re 16 MOTION for Discovery notice ofcompliance with DE11 ; Error: Incorrect docketing event selected. Document shouldhave been filed using the "Notice (Other)" event.; Correction: Docket text edited toreflect a "Notice", and motion and response due date terminated by Court. (CDR)(Entered: 09/16/2013)

09/13/2013 16 NOTICE of compliance with DE11 by James S. Faller, II. (Attachments: # 1 Exhibit)(Faller, James) Modified event text and terminated motion and response due date on9/16/2013 (CDR). (Entered: 09/13/2013)

09/11/2013 15 MOTION for Sealed Documents DE 3 and DE 4 by James S. Faller, II. Responses dueby 9/30/2013 (Attachments: # 1 Proposed Order) (Faller, James) Modified motionevent on 9/12/2013 (CDR). (Entered: 09/11/2013)

09/11/2013 14 MOTION for Release of Brady Materials by James S. Faller, II. Responses due by9/30/2013 (Attachments: # 1 Proposed Order) (Faller, James) (Entered: 09/11/2013)


09/11/2013 13 MOTION for Discovery Motion for disclosure of expert witnesses by James S. Faller,II. Responses due by 9/30/2013 (Attachments: # 1 Proposed Order) (Faller, James)(Entered: 09/11/2013)

09/11/2013 12 MOTION for Extension of Time to Complete Discovery by James S. Faller, II.Responses due by 9/23/2013 (Attachments: # 1 Proposed Order, # 2 Exhibit) (Faller,James) (Entered: 09/11/2013)

09/03/2013 11 RECIPROCAL ORDER OF DISCOVERY by Magistrate Judge H. BrentBrennenstuhl on 9/3/2013 as to James S. Faller, II. Compliance with this Order shallbe accomplished on or before 9/11/2013. cc: Counsel, James Faller (CDR) (Entered:09/03/2013)

09/03/2013 10 ORDER by Magistrate Judge H. Brent Brennenstuhl on 9/3/2013 as to James S. Faller,II. Initial appearance and arraignment held 8/28/2013. Proceedings digitally recorded.The Defendant advised the Court he intends to represent himself in this matter. TheCourt gave the Defendant a thorough advisement on the record regarding theramifications of self−representation and the Defendant advised he understands theadvisements given and still desires to represent himself. IT IS HEREBY ORDEREDthe Defendant shall be permitted to file pleadings in CM/ECF and will receive anyfilings in the case via electronic service. Formality of arraignment waived and plea ofnot guilty entered. Telephonic Further Proceeding set for 9/25/2013 at 9:30 AM beforeSenior Judge Thomas B. Russell. Defendant released on a $25,000 unsecuredAppearance Bond. cc: Counsel, James Faller, USM, USP, KH, MG (CDR) (Entered:09/03/2013)

08/28/2013 Proceedings held before Magistrate Judge H. Brent Brennenstuhl: Initial Appearanceand Arraignment as to James S. Faller II (1) Counts 1, 2, 3−6, 7, 8−11 held on8/28/2013 (Court Reporter − digitally recorded.) (CDR) (Entered: 09/03/2013)

08/28/2013 9 Appearance Bond and Order Setting Conditions of Release Entered as to James S.Faller, II in amount of $25,000 unsecured. (CDR) (Entered: 08/28/2013)

08/28/2013 8 WAIVER OF RIGHT TO HAVE APPOINTED COUNSEL by James S. Faller, II(CDR) (Entered: 08/28/2013)

08/28/2013 7 RECEIPT for Passport #463579808 as to James Faller (CDR) (Entered: 08/28/2013)

08/23/2013 6 NOTICE OF ATTORNEY APPEARANCE Thomas G. Voracek appearing for USA.(Voracek, Thomas) (Entered: 08/23/2013)

08/19/2013 5 Summons Returned Executed on 08/16/2013 in case as to James S. Faller, II (CDRS)(Entered: 08/19/2013)

08/14/2013 4 Sealed Document (CDRS) (Entered: 08/14/2013)

08/14/2013 3 SEALED UNREDACTED INDICTMENT re 1 Indictment (CDRS) (Entered:08/14/2013)

08/14/2013 2 Case Assignment (Random Selection): Case Assigned to Senior Judge Thomas B.Russell. (CDR) (Entered: 08/14/2013)

08/14/2013 1 INDICTMENT as to James S. Faller, II (1) Counts 1, 2, 3−6, 7, 8−11. (CDR) (Entered:08/14/2013)
