| Date Filed | # | Docket Text |
|---|
| 12/05/2022 | | Joint Brief of the Parties Addressing Whether the Court Must Rule on the Pending Post-Trial Motions Before Sentencing re 300 Order by USA as to Lawrence Rudolph, Lori Milliron (Fields, Bryan) Modified on 12/6/2022 to correct text (trvo, ). (Entered: 12/05/2022) |
| 12/05/2022 | 304 | ORDER as to Lawrence Rudolph (1) granting the Defendant’s Unopposed Motion for Extension of Time to File Response to Motion for Mandatory Restitution and Forfeiture 299 . The Defendant’s Motion is GRANTED for good cause shown. The Defendant’s deadline to file its Response to the Government’s Motion is extended up to and including January 9, 2023. The Government is directed to file a Reply in support of its Motion on or before January 23, 2023. SO ORDERED by Judge William J. Martinez on 12/5/2022. Text Only Entry (wjmlc1, ) (Entered: 12/05/2022) |
| 12/14/2022 | 305 | ORDER: This matter is before the Court sua sponte. Pending before the Court are Defendant Lawrence Rudolph's Motion for New Trial Pursuant to Rule 33 268 , Defendant Lori Milliron's Motion for New Trial and for Judgment of Acquittal 269 , and the United States' Motion for Mandatory Restitution and Forfeiture 296 . The Parties and the Court are in agreement that these Motions should be ruled on prior to the Defendants' sentencing hearings. Given that the Court will be in trial for most of January, 2023, it will require additional time to rule on these Motions and prepare for the sentencing hearings. As a consequence, Defendant Rudolph's Sentencing Hearing set for February 1, 2023 at 9:30 a.m. and Defendant Milliron's Sentencing Hearing set for February 8, 2023 at 9:30 a.m. are hereby VACATED. Defendant Rudolph's Sentencing Hearing is RESET to May 31, 2023 at 9:30 a.m. in Courtroom A801, and Defendant Milliron's Sentencing Hearing is RESET to June 2, 2023 at 9:30 a.m. in Courtroom A801. Counsel are directed to this Court's Revised Practice Standards (as revised effective December 1, 2022) with regard to the deadlines for filing sentencing-related motions. SO ORDERED by Judge William J. Martinez on 12/14/2022. Text Only Entry (wjmsec, ) (Entered: 12/14/2022) |
| 12/14/2022 | 306 | Utility Setting/Resetting Deadlines/Hearings as to Lawrence Rudolph (1): Sentencing set for 5/31/2023 at 09:30 AM in Courtroom A801 before Judge William J. Martinez pursuant to 305 Order. Text Only Entry. (trvo, ) (Entered: 12/14/2022) |
| 12/14/2022 | 307 | Utility Setting/Resetting Deadlines/Hearings as to Lori Milliron (2): Sentencing set for 6/2/2023 at 09:30 AM in Courtroom A801 before Judge William J. Martinez pursuant to 305 Order. Text Only Entry. (trvo, ) (Entered: 12/14/2022) |
| 12/15/2022 | 308 | ORDER: This matter is before the Court for the resetting of certain filing deadlines given the Court's Order resetting the Defendants' Sentencing Hearings (ECF No. 305). The Probation Office shall file its final presentence investigation report by February 15, 2023. All sentencing-related motions filed pursuant to WJM Revised Practice Standard IX.I.2 shall be filed by March 10, 2023. Responses to any sentencing-related motions are due by April 7, 2023. Sentencing statements, as well as sentencing-related motions and responses thereto, will not be subject to the page limits set forth in WJM RPS III.C.1. SO ORDERED by Judge William J. Martinez on 12/15/2022. Text Only Entry (wjmsec, ) (Entered: 12/15/2022) |
| 12/15/2022 | | MOTION for Forfeiture of Property for Preliminary Order of Forfeiture by USA as to Lawrence Rudolph. (Attachments: # 1 Proposed Order (PDF Only))(Bohn, Kurt) (Entered: 12/15/2022) |
| 12/16/2022 | 310 | ORDER as to Lawrence Rudolph (1): This matter is before the Court on the United States' Motion for Preliminary Order of Forfeiture 309 . The Defendant is DIRECTED to file a Response to the Government's Motion on or before December 30, 2022. No Reply will be permitted. SO ORDERED by Judge William J. Martinez on 12/16/2022. Text Only Entry (wjmsec, ) (Entered: 12/16/2022) |
| 12/19/2022 | | Unopposed MOTION for Extension of Time to File Response/Reply as to 309 MOTION for Forfeiture of Property for Preliminary Order of Forfeiture by Lawrence Rudolph. (Markus, David) (Entered: 12/19/2022) |
| 12/19/2022 | 312 | ORDER as to Lawrence Rudolph (1) granting the Defendant's Unopposed Motion for Extension of Time to File Response to Motion for Preliminary Order of Forfeiture 311 . The Defendant's Motion is GRANTED for good cause shown. The Defendant's deadline to file his Response to the Government's Motion for Preliminary Order of Forfeiture is extended up to and including January 9, 2023. The Government is directed to file a Reply in support of its Motion on or before January 23, 2023. SO ORDERED by Judge William J. Martinez on 12/19/2022. Text Only Entry (wjmsec, ) (Entered: 12/19/2022) |
| 12/22/2022 | | TRANSCRIPT of Motion Hearing as to Lawrence Rudolph, Lori Milliron held on October 25, 2022 before Magistrate Judge O'Hara. Pages: 1-76.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, ) (Entered: 12/22/2022) |
| 01/09/2023 | | Unopposed MOTION for Leave to File Excess Pages by Lawrence Rudolph. (Attachments: # 1 Exhibit Lawrence Rudolph's Consolidated Response to Motion for Mandatory Restitution and Forfeiture and Motion for Preliminary Order of Forfeiutre)(Markus, David) (Entered: 01/09/2023) |
| 01/09/2023 | 315 | ORDER as to Lawrence Rudolph (1) granting Defendant Lawrence Rudolph's Unopposed Motion to Enlarge Page Limit for Response to Motions for Mandatory Restitution and Forfeiture and Preliminary Order of Forfeiture 314 . Defendant Rudolph's Motion is GRANTED for good cause shown. Defendant Rudolph's Response to the Government's Motions for Mandatory Restitution and Forfeiture and Preliminary Order of Forfeiture shall not to exceed 22 pages in length, exclusive of attorney signature block and certificate of service. It is FURTHER ORDERED that Defendant Rudolph shall file his Consolidated Response to Motion for Mandatory Restitution and Forfeiture and Motion for Preliminary Order of Forfeiture [314-1] as a separate docket entry on CM/ECF. SO ORDERED by Judge William J. Martinez on 1/9/2023. Text Only Entry (wjmsec, ) (Entered: 01/09/2023) |
| 01/10/2023 | | RESPONSE to Motion by Lawrence Rudolph re 296 MOTION for Order of Restitution and Forfeiture, 309 MOTION for Forfeiture of Property for Preliminary Order of Forfeiture (Markus, David) (Entered: 01/10/2023) |
| 01/10/2023 | 317 | ORDER as to Lawrence Rudolph, Lori Milliron: On January 9, 2023, the Court received an e-mail from attorneys representing Julian Rudolph, AnaBianca Rudolph, and the Estate of Bianca Rudolph (collectively, “Movants”) requesting information concerning filing a response to 296 the Government’s Motion for Mandatory Restitution and Forfeiture. The substance of Movants’ request is that the Court permit them to file a response brief arguing that the Court should recognize their rights as victims and entitlement to receive restitution in this matter. However, the Court questions whether Movants, who are not parties in this criminal case, have standing to participate in the restitution portion of these proceedings and directs briefing on this matter. See United States v. Kelley, 997 F.2d 806 (10th Cir. 1993) (holding that Congress did not provide a private right of action for victims in the Victim and Witness Protection Act, 18 U.S.C. § 3663, and precluding victim from appealing restitution order) (citing United States v. Johnson, 983 F.2d 216 (11th Cir. 1993) and United States v. Grundhoefer, 916 F.2d 788 (2d Cir. 1990)); see also United States v. Hunter, 548 F.3d 1308, 1313 (10th Cir. 2008) (analyzing Kelley). By January 18, 2023, Movants are DIRECTED to file a motion requesting leave to file a response to the Government’s Motion for Mandatory Restitution and Forfeiture that explains the legal basis for them to do so. By February 1, 2023, the Government and Defendant Lawrence Rudolph are DIRECTED to file responses to the Movants’ motion for leave to file a response. Defendant Lori Milliron may, but is not required to, file a response to the Movants’ motion. All parties should cite binding Tenth Circuit and Supreme Court case law to the greatest extent possible. Once the Court receives the motion and responses, it will determine whether a reply brief is necessary. Solely for the purposes of filing their motion, Movants will be permitted to appear on the docket as “Interested Parties.” The Court DIRECTS the Clerk to facilitate such appearances to the extent necessary and DIRECTS Movants to contact the Clerk’s office with any questions concerning CM/ECF. SO ORDERED by Judge William J. Martinez on 1/10/2023. Text Only Entry (wjmlc1, ) (Entered: 01/10/2023) |
| 01/18/2023 | | NOTICE OF ATTORNEY APPEARANCE: Christopher P. Hotaling appearing for Interested Parties Estate of Bianca Rudolph, The, AnaBianca Rudolph, Julian RudolphAttorney Christopher P. Hotaling added to party Estate of Bianca Rudolph, The(pty:ip), Attorney Christopher P. Hotaling added to party AnaBianca Rudolph(pty:ip), Attorney Christopher P. Hotaling added to party Julian Rudolph(pty:ip) (Hotaling, Christopher) (Entered: 01/18/2023) |
| 01/18/2023 | | MOTION for Leave to File Response to Government's Motion for Mandatory Restitution and Forfeiture by Estate of Bianca Rudolph, The, AnaBianca Rudolph, Julian Rudolph as to Lawrence Rudolph, Lori Milliron. (Attachments: # 1 Exhibit A)(Hotaling, Christopher) (Entered: 01/18/2023) |
| 01/18/2023 | | NOTICE OF ATTORNEY APPEARANCE: John Robert Sandweg appearing for Interested Parties Estate of Bianca Rudolph, The, AnaBianca Rudolph, Julian RudolphAttorney John Robert Sandweg added to party Estate of Bianca Rudolph, The(pty:ip), Attorney John Robert Sandweg added to party AnaBianca Rudolph(pty:ip), Attorney John Robert Sandweg added to party Julian Rudolph(pty:ip) (Sandweg, John) (Entered: 01/18/2023) |
| 01/23/2023 | | Unopposed MOTION for Leave to File Excess Pages by USA as to Lawrence Rudolph. (Bohn, Kurt) (Entered: 01/23/2023) |
| 01/23/2023 | 322 | ORDER as to Lawrence Rudolph (1) granting the United States' Unopposed Motion to Enlarge Page Limit 321 . The Government's Motion is GRANTED for good cause shown. The Government's Reply to Defendant's Consolidated Response to Motion for Mandatory Restitution and Forfeiture and Motion for Preliminary Order of Forfeiture shall not to exceed 11 pages in length, exclusive of attorney signature block and certificate of service. SO ORDERED by Judge William J. Martinez on 1/23/2023. Text Only Entry (wjmsec, ) (Entered: 01/23/2023) |
| 01/23/2023 | | REPLY by USA as to Lawrence Rudolph to 316 Response to Motion (Bohn, Kurt) (Entered: 01/23/2023) |
| 02/01/2023 | | RESPONSE to Motion by Lawrence Rudolph re 319 MOTION for Leave to File Response to Government's Motion for Mandatory Restitution and Forfeiture (Markus, David) (Entered: 02/01/2023) |
| 02/01/2023 | | RESPONSE to Motion by USA as to Lawrence Rudolph re 319 MOTION for Leave to File Response to Government's Motion for Mandatory Restitution and Forfeiture (Bohn, Kurt) (Entered: 02/01/2023) |
| 02/01/2023 | 326 | ORDER as to Lawrence Rudolph, Lori Milliron: Before the Court is 319 Movants’ Motion for Leave to File Response to Government’s Motion for Mandatory Restitution and Forfeiture. No later than February 8, 2023, Movants are DIRECTED to file a reply addressing the matters raised in 325 the Government’s response. In permitting Movants to file a reply, the Court stresses that it has not determined whether Movants have standing as victims in this case. SO ORDERED by Judge William J. Martinez on 2/1/2023. Text Only Entry (wjmlc1, ) (Entered: 02/01/2023) |
| 02/02/2023 | 327 | ORDER as to Lawrence Rudolph (1): This matter is before the Court sua sponte. Due to a conflict of a personal nature for the undersigned, the Sentencing Hearing set for May 31, 2023 at 9:30 a.m. is hereby VACATED and RESET to June 21, 2023 at 9:30 a.m. in Courtroom A801. Counsel are directed to this Court's Revised Practice Standards (as revised effective December 1, 2022) with regard to the deadlines for filing sentencing-related motions. SO ORDERED by Judge William J. Martinez on 2/2/2023. Text Only Entry (wjmsec, ) (Entered: 02/02/2023) |
| 02/02/2023 | 328 | ORDER as to Lori Milliron (2): This matter is before the Court sua sponte. Due to a conflict of a personal nature for the undersigned, the Sentencing Hearing set for June 2, 2023 at 9:30 a.m. is hereby VACATED and RESET to June 23, 2023 at 2:00 p.m. in Courtroom A801. Counsel are directed to this Court's Revised Practice Standards (as revised effective December 1, 2022) with regard to the deadlines for filing sentencing-related motions. SO ORDERED by Judge William J. Martinez on 2/2/2023. Text Only Entry (wjmsec, ) (Entered: 02/02/2023) |
| 02/08/2023 | | REPLY by Estate of Bianca Rudolph, The, AnaBianca Rudolph, Julian Rudolph as to Lawrence Rudolph, Lori Milliron to 326 Order,, Movants' Response to the Government's Response to Movants' Motion for Leave to File Their Response to Government's Motion for Mandatory Restitution and Forfeiture (Hotaling, Christopher) (Entered: 02/08/2023) |
| 02/10/2023 | | RESTRICTED PRESENTENCE REPORT as to Lawrence Rudolph (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(ksilva) (Entered: 02/10/2023) |
| 02/10/2023 | | RESTRICTED ADDENDUM to Presentence Report 330 as to Lawrence Rudolph (Attachments: # 1 Exhibit A)(ksilva) (Entered: 02/10/2023) |
| 02/10/2023 | | RESTRICTED PRESENTENCE REPORT as to Lori Milliron (Attachments: # 1 Exhibit A, # 2 Exhibit B)(ksilva) (Entered: 02/10/2023) |
| 02/10/2023 | | RESTRICTED ADDENDUM to Presentence Report 332 as to Lori Milliron (ksilva) (Entered: 02/10/2023) |
| 03/09/2023 | 334 | ORDER: This matter is before the Court for the resetting of certain filing deadlines given the Court's Order resetting the Defendants' Sentencing Hearings (ECF Nos. 327 and 328). All sentencing-related motions filed pursuant to WJM Revised Practice Standard IX.I.2 shall be filed by March 31, 2023. Responses to any sentencing-related motions are due by April 28, 2023. Sentencing statements, as well as sentencing-related motions and responses thereto, will not be subject to the page limits set forth in WJM RPS III.C.1. SO ORDERED by Judge William J. Martinez on 3/9/2023. Text Only Entry (wjmsec, ) (Entered: 03/09/2023) |
| 03/31/2023 | | RESTRICTED DOCUMENT - Level 1: by Lawrence Rudolph. (Attachments: # 1 Proposed Document Sentencing Memorandum, # 2 Exhibit Medical Records, # 3 Exhibit Medical Records)(Markus, David) (Entered: 03/31/2023) |
| 03/31/2023 | | MOTION for Extension of Time to File by Lori Milliron. (Dill, John) (Entered: 03/31/2023) |
| 04/03/2023 | | SENTENCING STATEMENT by Lori Milliron (Dill, John) Modified on 4/5/2023 to correct event (athom, ). (Entered: 04/03/2023) |
| 04/04/2023 | 338 | ORDER as to Lori Milliron (2) granting Defendant Lori Milliron's Unopposed Motion for Extension of Time to File Proposed Sentencing Memorandum 336 . Defendant's Motion is GRANTED for good cause shown. Defendant Lori Milliron's Sentencing Memorandum and Motion for Downward Departure and/or Variance Pursuant to 18 U.S.C. 3553(a) 337 is ACCEPTED as filed. SO ORDERED by Judge William J. Martinez on 4/4/2023. Text Only Entry (wjmsec, ) (Entered: 04/04/2023) |
| 04/04/2023 | 339 | ORDER as to Lawrence Rudolph (1) granting Lawrence Rudolph's Unopposed Motion to File Level 1 Restriction for His Sentencing Memorandum and Attached Exhibits 335 . Defendant's Motion is GRANTED for good cause shown. The document filed at ECF No. 335 shall remain RESTRICTED at RESTRICTION LEVEL 1 (viewable only by Case Participants and the Court). SO ORDERED by Judge William J. Martinez on 4/4/2023. Text Only Entry (wjmsec, ) (Entered: 04/04/2023) |
| 04/05/2023 | 340 | ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 337 Sentencing Statement filed by attorney John W. Dill. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCr49.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Criminal Cases). (Text Only Entry) (athom, ) (Entered: 04/05/2023) |
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