Free Notice (Other) - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 628

Filed 01/23/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Action No 04-cr-00103-REB UNITED STATES OF AMERICA Plaintiff, v. 1. NORMAN SCHMIDT, 2. GEORGE ALAN WEED, 3. PETER A.W. MOSS, 4. CHARLES LEWIS, 5. JANNICE McLAIN SCHMIDT, 6. MICHAEL SMITH, 7. GEORGE BEROS, Defendants. _____________________________________________________________________ GOVERNMENT'S NOTIFICATION TO THE COURT AND REQUEST FOR RULING RE CLAIMS OF PRIVILEGE CONCERNING DEPOSITION OF GARY HERBERT _____________________________________________________________________ The Government, by Wyatt Angelo and Matthew T. Kirsch, the undersigned Assistant United States Attorneys, hereby notifies the Court as follows : 1. The Court's ORDER: RE GOVERNMENT'S MOTION FOR SUPPLEMENTAL ORDERS TO IMPLEMENT ORDER DIRECTING VIDEOTAPED DEPOSITION OF GARY HERBERT [ #616] required the government to identify areas of inquiry and related documents for the deposition of Gary Herbert by January 12th and, for any defendant claiming standing to assert a claim of privilege as to the areas identified as areas of inquiry by the government no later than January 19, 2006.

Case 1:04-cr-00103-REB

Document 628

Filed 01/23/2006

Page 2 of 3

2.

The government submitted the GOVERNMENT'S PROFFER [#621] on January 12, 2006, as required by that order. No defendant has timely claimed any privilege concerning the areas of inquiry or documents identified by the government in its proffer in accordance with the Court's order. The remaining deadlines set forth in the Court's order for government assertion of crime-fraud exception and for defendants claiming such a privilege to respond thereto are therefore moot.

3.

The government is in the process of seeking a consensus concerning dates for Mr. Herbert's deposition to occur sometime after February 6th in accordance with the Court's order. Therefore, in anticipation of that deposition, the government requests that the Court rule on the papers submitted. Respectfully submitted this 23rd day of January, 2006. WILLIAM J. LEONE United States Attorney

s/ Wyatt Angelo WYATT ANGELO MATTHEW T. KIRSCH Assistant U.S. Attorneys 402 Rood Avenue, Suite 220 Grand Junction, CO 81501 Telephone: (970) 241-3843 Fax: (970) 248-3630 E-Mail: [email protected]

Case 1:04-cr-00103-REB

Document 628

Filed 01/23/2006

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify on this 23rd day of January, 2006, I electronically filed the foregoing GOVERNMENT'S NOTIFICATION TO THE COURT AND REQUEST FOR RULING RE CLAIMS OF PRIVILEGE CONCERNING DEPOSITION OF GARY HERBERT with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Peter Bornstein, Esq. [email protected] Thomas Hammond, Esq. [email protected] Declan J. O'Donnell, Esq. [email protected] Ronald Gainor, Esq. [email protected] Daniel T. Smith, Esq. [email protected] Thomas Goodreid, Esq. [email protected] Robert Patrick Sticht, Esq. [email protected] Paul B. Daiker, Esq. [email protected]

s/ Wyatt Angelo WYATT ANGELO MATTHEW T. KIRSCH Assistant U.S. Attorneys 402 Rood Avenue, Suite 220 Grand Junction, CO 81501 Telephone: (970) 241-3843 Fax: (970) 248-3630 E-Mail: [email protected]