The Jury Selection/Trial date for his medical fraud case is set for 2/21/2017.
U.S. District Court District of New Mexico
CRIMINAL CASE #: 1:15-cr-02030-WJ-1
Case title: USA v. Heilbron
Date Filed: 06/09/2015
Assigned to: District Judge William P. Johnson
Pending Counts:
18:1347(a)(2): Health Care Fraud; (1-21)
18:1343: Wire Fraud (22-24)
Highest Offense Level (Opening)
Felony
DOCKET: (Date Filed - Docket # - Title)
06/09/2015 1 Judge update in case as to Roy Heilbron. District Judge William P. Johnson added. (emr) (Entered: 06/10/2015)
06/09/2015 2 REDACTED INDICTMENT as to Roy Heilbron. (emr) (Entered: 06/10/2015)
06/09/2015 3 Summons Issued as to Roy Heilbron: Initial Appearance/Arraignment Hearing set for 7/1/2015 at 09:30 AM in Albuquerque - 520 Gila Courtroom before Magistrate Judge Kirtan Khalsa. (emr) (Entered: 06/10/2015)
06/30/2015 7 NOTICE OF ATTORNEY APPEARANCE: Donald B Marks appearing for Roy Heilbron (Marks, Donald) (Entered: 06/30/2015)
06/30/2015 Attorney update in case as to Roy Heilbron. Attorney Donald B Marks for Roy Heilbron added. (kg) (Entered: 07/01/2015)
07/01/2015 8 Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Initial Appearance/Arraignment Hearing as to Roy Heilbron held on 7/1/2015; Motions due by 7/21/2015; Deft released on conditions (Tape #:Liberty - Gila @ 10:44 am) (kg) (Entered: 07/01/2015)
07/01/2015 9 DISCOVERY ORDER as to Roy Heilbron by Magistrate Judge Kirtan Khalsa (kg) (Entered: 07/01/2015)
07/01/2015 10 ORDER Setting Conditions of Release for Defendant, Roy Heilbron on his own recognizance by U.S. Magistrate Judge Kirtan Khalsa. (mr) (Entered: 07/01/2015)
07/10/2015 11 NOTICE OF HEARING as to Roy Heilbron: Call of the Calendar set for 7/29/2015 at 3:00 PM in Albuquerque - 540 Bonito Courtroom before District Judge William P. Johnson. Jury Selection/Trial set for 8/3/2015 at 9:00 AM in Albuquerque - 540 Bonito Courtroom before District Judge William P. Johnson. (rwg) (Entered: 07/10/2015)
07/13/2015 12 Unopposed MOTION for Protective Order by USA as to Roy Heilbron. (Messec, Paige) (Entered: 07/13/2015)
07/15/2015 13 PROTECTIVE ORDER by District Judge William P. Johnson (kg) (Entered: 07/15/2015)
07/15/2015 14 Unopposed MOTION to Vacate the Motion Filing Date of July 21, 2015 and for a Continuance of the August 3, 2015 Trial Date by Roy Heilbron. (Marks, Donald) (Entered: 07/15/2015)
07/28/2015 15 NOTICE of Unavailability from 8/11-8/24/15 by USA as to Roy Heilbron (Messec, Paige) Modified text on 7/29/2015 (kg). (Entered: 07/28/2015)
07/28/2015 16 ORDER TO CONTINUE - Ends of Justice by District Judge William P. Johnson granting 14 Unopposed MOTION to Vacate the Motion Filing Date of July 21, 2015 and for a Continuance of the August 3, 2015 Trial Date filed by Roy Heilbron. The Jury Selection/Trial set for 8/3/2015 is VACATED pending submission of a proposed scheduling order. Counsel shall confer and submit a joint proposed scheduling order to the Court no later than October 26, 2015. (kg) (Entered: 07/28/2015)
10/21/2015 17 Joint MOTION for Order to Declare Case Complex and to Extend Deadline for Scheduling Order by USA as to Roy Heilbron. (Messec, Paige) (Entered: 10/21/2015)
10/23/2015 18 ORDER by District Judge William P. Johnson granting 17 Motion for Order Declaring Case Complex as to Roy Heilbron (1) (kg) (Entered: 10/23/2015)
01/11/2016 19 SCHEDULING ORDER by District Judge William P. Johnson as to Roy Heilbron. Jury Selection/Trial set for 9/19/2016 at 09:00 AM in Albuquerque - 540 Bonito Courtroom before District Judge William P. Johnson. Pretrial Conference set for 8/31/2016 at 09:00 AM in Albuquerque - 540 Bonito Courtroom before District Judge William P. Johnson. (kg) (Entered: 01/11/2016)
07/07/2016 20 NOTICE OF ATTORNEY APPEARANCE Jeremy Pena appearing for USA. (Pena, Jeremy) (Entered: 07/07/2016)
07/07/2016 Attorney update in case as to Roy Heilbron. Attorney Jeremy Pena for USA added. (kg) (Entered: 07/08/2016)
07/14/2016 21 MOTION to Continue Unopposed Motion for a Continuance of the September 19, 2016 Trial Date by Roy Heilbron. (Marks, Donald) (Entered: 07/14/2016)
08/23/2016 22 NOTICE OF ATTORNEY APPEARANCE George C Kraehe appearing for USA. (Kraehe, George) (Entered: 08/23/2016)
08/23/2016 Attorney update in case as to Roy Heilbron. Attorney George C Kraehe for USA added. (kg) (Entered: 08/24/2016)
08/26/2016 23 Amended MOTION to Amend/Correct Unopposed Motion for a Continuance of the September 19, 2016 Trial Date by Roy Heilbron. (Marks, Donald) (Entered: 08/26/2016)
08/30/2016 24 MINUTE ORDER as to Roy Heilbron by District Judge William P. Johnson vacating the 8/31/2016 Pretrial Conference pending further order of the Court.(rwg)
[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 08/30/2016)
08/30/2016 25 ***FILED IN ERROR*** MOTION to Amend/Correct , Unopposed MOTION for Order Continuing September 19, 2016 Trial Date by Roy Heilbron. (Marks, Donald) Modified text on 8/31/2016, proposed orders should not be filed (kg). (Entered: 08/30/2016)
09/13/2016 26 ORDER TO CONTINUE - Ends of Justice by District Judge William P. Johnson granting 23 Amended MOTION to Amend/Correct Unopposed Motion for a Continuance of the September 19, 2016 Trial Date filed by Roy Heilbron. Jury Selection/Trial reset for 1/9/2017 at 09:00 AM in Albuquerque - 540 Bonito Courtroom before District Judge William P. Johnson. (kg) (Entered: 09/13/2016)
09/13/2016 27 STIPULATED SCHEDULING ORDER as to Roy Heilbron by District Judge William P. Johnson (kg) (Entered: 09/13/2016)
10/03/2016 28 NOTICE of Expert Disclosure by USA as to Roy Heilbron (Attachments: # 1 Exhibit Curriculum Vitae - Dr. Shaddoff, # 2 Exhibit Curriculum Vitae - Nurse Large)(Kraehe, George) Modified text on 10/4/2016 (kg). (Entered: 10/03/2016)
10/03/2016 29 NOTICE of Expert Disclosure by Roy Heilbron. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Marks, Donald) Modified text on 10/4/2016, not a motion (kg). (Entered: 10/03/2016)
10/10/2016 30 MOTION for Pretrial Daubert Hearing by Roy Heilbron. (Marks, Donald) Modified text on 10/12/2016 (kg). (Entered: 10/10/2016)
10/11/2016 31 MOTION for Pretrial Daubert Hearing and to Exclude Evidence by USA as to Roy Heilbron. (Kraehe, George) Modified text on 10/12/2016 (kg). (Entered: 10/11/2016)
10/21/2016 32 ORDER by District Judge William P. Johnson as to Roy Heilbron re 30 Motion forPretrial Daubert Hearing filed by Roy Heilbron and 31 Motion for Pretrial Daubert Hearing filed by USA. The Court hereby grants that part of each motion requesting a Daubert Hearing and directs the parties to file response briefs no later than November 3, 2016, and any reply briefs no later that November 15, 2016. Daubert Hearing set for 11/21/2016 at 9:30 AM in Albuquerque - 540 Bonito Courtroom before District Judge William P. Johnson. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.(rwg) (Entered: 10/21/2016)
11/01/2016 33 RESPONSE in Opposition by Roy Heilbron re 30 MOTION forPretrial Daubert Hearing, 31 MOTION for Pretrial Daubert Hearing and to Exclude Evidence Response to Government's Motion for a Daubert hearings and to Exclude Evidence (Marks, Donald) (Entered: 11/01/2016)
11/03/2016 34 RESPONSE in Opposition by USA as to Roy Heilbron re 30 MOTION forPretrial Daubert Hearing (Kraehe, George) (Entered: 11/03/2016)
11/09/2016 36 MOTION to Continue the Trial Date of January 9, 2017 by Roy Heilbron. (Marks, Donald) (Entered: 11/09/2016)
11/09/2016 37 APPENDIX/SUPPLEMENT re 33 Response in Opposition, by Roy Heilbron re 30 MOTION for Pretrial Daubert Hearing, 31 MOTION for Pretrial Daubert Hearing and to Exclude Evidence Response to Government's Motion for a Daubert hearing and to Exclude Evidence (Attachments: # 1 Supplement)(Marks, Donald) (Entered: 11/09/2016)
11/15/2016 38 NOTICE OF HEARING as to Roy Heilbron: Telephonic Status/Scheduling Conference set for 11/16/2016 at 1:30 PM before District Judge William P. Johnson. (rwg)
[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/15/2016)
11/15/2016 39 AMENDED NOTICE OF HEARING as to Roy Heilbron: Telephonic Status/Scheduling Conference set for 11/16/2016 at 1:30 PM before District Judge William P. Johnson. The Court waives the Defendant's presence at the hearing. Counsel are directed to phone the Court's "Meet-Me-Line" at 505-348-2308 to participate in the hearing. (rwg)
[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/15/2016)
11/16/2016 40 AMENDED NOTICE OF HEARING as to Roy Heilbron: Telephonic Status/Scheduling Conference is reset from 1:30 PM to 2:00 PM (Mountain Time) on 11/16/2016 before District Judge William P. Johnson. The Court waives the Defendant's presence at the hearing. Counsel are directed to phone the Court's "Meet-Me-Line" at 505-348-2308 to participate in the hearing. (rwg)
[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/16/2016)
11/16/2016 41 Clerk's Minutes for proceedings held before District Judge William P. Johnson: Telephonic Status/Scheduling Conference as to Roy Heilbron held on 11/16/2016 (Court Reporter: M. Loughran) (kg) (Entered: 11/17/2016)
11/22/2016 42 ORDER TO CONTINUE - Ends of Justice by District Judge William P. Johnson granting 36 MOTION to Continue the Trial Date of January 9, 2017 filed by Roy Heilbron. Jury Selection/Trial reset for 2/21/2017 at 09:00 AM in Albuquerque - 540 Bonito Courtroom before District Judge William P. Johnson. Daubert Hearing reset for 12/19/2016 at 09:30 AM in Albuquerque - 540 Bonito Courtroom before District Judge William P. Johnson. Daubert motion replies are hereby due November 28, 2016.(kg) (Entered: 11/22/2016)
11/28/2016 43 REPLY TO RESPONSE to Motion by USA as to Roy Heilbron re 31 MOTION for Pretrial Daubert Hearing and to Exclude Evidence (Kraehe, George) (Entered: 11/28/2016)
11/28/2016 44 REPLY TO RESPONSE to Motion by Roy Heilbron re 29 NOTICE of Disclosure of Expert, 30 MOTION forPretrial Daubert Hearing, 31 MOTION for Pretrial Daubert Hearing and to Exclude Evidence Reply to Government's Response to Defendant's Motion for Daubert Hearing and to Exclude Evidence (Marks, Donald) Modified text on 11/29/2016 (dmw). (Entered: 11/28/2016)
12/01/2016 45 MEMORANDUM OPINION AND ORDER by District Judge William P. Johnson DENYING Defendant Roy Heilbron's Motion for a Pretrial Daubert Hearing and to Exclude Evidence. (mag) (Entered: 12/01/2016)
12/01/2016 46 ORDER by District Judge William P. Johnson requiring Defendant John F. Kessler II, M.D., and Garry Gordon, M.D., available to testify at the Daubert Hearing on December 19, 2016 at 9:30 AM. (mag) (Entered: 12/01/2016)
12/16/2016 47 STIPULATED SCHEDULING ORDER by District Judge William P. Johnson (kg) (Entered: 12/16/2016)
12/19/2016 48 Clerk's Minutes for proceedings held before District Judge William P. Johnson: Daubert Hearing as to Roy Heilbron held on 12/19/2016 (Court Reporter: John De La Rosa) (kg) (Entered: 12/19/2016)
12/20/2016 49 LETTER by U.S. Attorney re Daubert Hearing as to Roy Heilbron (kg) (Entered: 12/22/2016)
12/28/2016 50 ORDER by District Judge William P. Johnson Sealing Appendix/Supplement (Doc. 35) (dmw) (Entered: 12/28/2016)
01/11/2017 51 MEMORANDUM OPINION AND ORDER by District Judge William P. Johnson GRANTING 31 Motion for Pretrial Daubert Hearing and to Exclude Evidence as to Roy Heilbron. (mag) (Entered: 01/11/2017)
01/13/2017 52 WITNESS LIST by USA as to Roy Heilbron (Kraehe, George) Modified text on 1/17/2017 (kg). (Entered: 01/13/2017)
01/13/2017 53 Proposed Jury Instructions by USA as to Roy Heilbron (Kraehe, George) (Entered: 01/13/2017)
01/13/2017 54 Proposed Voir Dire by USA as to Roy Heilbron (Kraehe, George) (Entered: 01/13/2017)
01/17/2017 55 NOTICE OF TELEPHONIC HEARING as to Roy Heilbron: Telephonic Pretrial Conference set for 1/19/2017 at 2:30 PM (Mountain Time) before District Judge William P. Johnson. The Court waives Defendant's presence at the hearing. Counsel are to phone the Court's "Meet-Me-Line" at 505-348-2308 to participate in the hearing. (rwg)
[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/17/2017)
01/18/2017 56 TRANSCRIPT of DAUBERT HEARING as to Roy Heilbron held on 12/19/2016, before District Judge William P. Johnson. Court Reporter/Transcriber John De La Rosa, Telephone number (505) 348-2249. Tape Number: n/a. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.
PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at
www.nmcourt.fed.us.
Notice of Intent to Request Redaction set for 1/25/2017. Redaction Request due 2/8/2017. Redacted Transcript Deadline set for 2/21/2017. Release of Transcript Restriction set for 4/18/2017.(jdlr) (Entered: 01/18/2017)
01/19/2017 57 Clerk's Minutes for proceedings held before District Judge William P. Johnson: Telephonic Pretrial Conference as to Roy Heilbron held on 1/19/2017 (Court Reporter: J. Goehl) (kg) (Entered: 01/20/2017)
01/23/2017 58 EXHIBIT LIST by USA as to Roy Heilbron (Kraehe, George) (Entered: 01/23/2017)
01/30/2017 59 ORDER TO SHOW CAUSE by District Judge William P. Johnson as to Roy Heilbron: Pretrial Conference set for 2/1/2017 at 2:30 PM before District Judge William P. Johnson. Counsel are directed to phone the Court's "Meet-Me-Line" at 505-348-2333. (rwg) (Entered: 01/30/2017)
01/30/2017 60 NOTICE Objection to Defendant's Exhibits by USA as to Roy Heilbron (Kraehe, George) (Entered: 01/30/2017)
01/30/2017 61 Defendant's Objections to Exhibits by Roy Heilbron (Marks, Donald) Modified text on 1/31/2017 (kg). (Entered: 01/30/2017)
02/01/2017 62 Clerk's Minutes for proceedings held before District Judge William P. Johnson: Telephonic Pretrial Conference as to Roy Heilbron held on 2/1/2017 (Court Reporter: M. Loughran) (kg) (Entered: 02/01/2017)
02/03/2017 63 Defendant's Objections to Jury Instructions by Roy Heilbron (Marks, Donald) Modified text on 2/6/2017 (kg). (Entered: 02/03/2017)
02/06/2017 64 ORDER by District Judge William P. Johnson for Defendant to formally submit the legal basis for objections to the Government's Jury Instructions by Wednesday, February 8, 2017, on or before 12:00 p.m., MST. (mag) (Entered: 02/06/2017)
02/06/2017 65 MOTION in Limine by USA as to Roy Heilbron. (Kraehe, George) (Entered: 02/06/2017)
02/07/2017 66 ORDER by District Judge William P. Johnson GRANTING IN PART 65 Omnibus Motion in Limine as described herein. (kg) (Entered: 02/07/2017)
02/07/2017 67 Memorandum in Support re 63 Objections to Jury Instructions by Roy Heilbron (Marks, Donald) Modified text on 2/8/2017 (kg). (Entered: 02/07/2017)
02/10/2017 68 NOTICE by USA as to Roy Heilbron re 61 Exhibit List (Kraehe, George) (Entered: 02/10/2017)
02/10/2017 69 OBJECTIONS re 65 Motion in Limine by Roy Heilbron. (Marks, Donald) Modified text on 2/13/2017 (kg). (Entered: 02/10/2017)
02/13/2017 70 NOTICE OF ATTORNEY APPEARANCE: James E. Blatt appearing for Roy Heilbron (Blatt, James) (Entered: 02/13/2017)