U.S. v. Kent Hovind, U.S. v. Jo Hovind (2006) Docket

U.S. v. Kent Hovind, U.S. v. Jo Hovind (2006) Docket

1 7/11/2006 MOTION Requesting and Order Sealing Indictment (to Seal Case) by USA as to KENT E HOVIND, JO D HOVIND. (sps, Pensacola) (Entered: 07/12/2006)
2 7/11/2006 SEALED INDICTMENT as to KENT E HOVIND (1) count(s) 1-12, 13-57, 58, JO D HOVIND (2) count(s) 13-57. [redacted version – per privacy policy] (sps, Pensacola) (Entered: 07/12/2006)
3
4 7/11/2006 ORDER FOR ISSUANCE OF Arrest WARRANT as to KENT E HOVIND . Signed by Judge MILES DAVIS on 7/11/06. (sps, Pensacola) (Entered: 07/12/2006)
5
6 7/13/2006 Minute Entry for proceedings held before Judge MILES DAVIS :Initial Appearance as to KENT E HOVIND, JO D HOVIND held on 7/13/2006 (Court Reporter CD.) (jra, Pensacola) (Entered: 07/13/2006)
7 7/13/2006 ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to KENT E HOVIND, JO D HOVIND. Clerk shall refer this case to the undersigned after judgment entered re: repayment of attys fees, etc. considered if defts convicted as defense costs. (NOTE: financial affidavits not completed by defts at first appearance.) . Signed by Judge MILES DAVIS on 7/13/06. (jra, Pensacola) (Entered: 07/13/2006)
8 7/13/2006 ORDER Setting Conditions of Release as to KENT E HOVIND (1) Unsecured O/R . Signed by Judge MILES DAVIS on 7/13/06. (jra, Pensacola) Additional attachment(s) added on 7/19/2006 (jra, Pensacola). (Entered: 07/13/2006)
9
10 7/17/2006 Minute Entry for proceedings held before Judge MILES DAVIS : Arraignment as to KENT E HOVIND (1) Count 1-12,13-57,58 and JO D HOVIND (2) Count 13-57 held on 7/17/2006 (Court Reporter CD.) (jra, Pensacola) (Entered: 07/17/2006)
11
12 7/17/2006 ORDER SETTING JURY TRIAL AND OTHER PRE-TRIAL MATTERS as to KENT E HOVIND, JO D HOVIND. Jury Trial set for 9/5/2006 in Courtroom 4 North before District Judge M CASEY RODGERS, with an attorney conference set for 08:00 AM and jury selection to commence immediately thereafter. Signed by Judge M CASEY RODGERS on 7/17/06. (sps, Pensacola) (Entered: 07/18/2006)
13 7/18/2006 DOCKET ANNOTATION BY COURT: as to KENT E HOVIND: Re 12 Scheduling Order. Copy of trial order sent to Federal Public Defender’s office since no attorney has entered an appearance in this case. (sps, Pensacola) (Entered: 07/18/2006)
14 7/19/2006 MOTION to Modify Conditions of Release by KENT E HOVIND. (NKRUMAH, KAFAHNI) (Entered: 07/19/2006)
15 7/21/2006 RESPONSE by USA, KENT E HOVIND as to KENT E HOVIND re 14 MOTION to Modify Conditions of Release (HELDMYER, MICHELLE) (Entered: 07/21/2006)
16 7/24/2006 ORDER denying 14 Motion for Amendment of the Conditions of Magistrate’s Release Order as to KENT E HOVIND (1). Signed by Judge M CASEY RODGERS on 7/24/06. (sps, Pensacola) (Entered: 07/24/2006)
17 7/25/2006 Receipt for Surrender of Passport on 7/17/06 as to KENT E HOVIND from US Probation/Pretrial Services re: Passport Number 217230535 issued by United States (Receipt Number: 113392). Notice of Surrendered Passport (redacted version attached). (sps, Pensacola) (Entered: 07/25/2006)
18
19 7/25/2006 Sealed Document [Notice of Surrendered Passport – sealed per privacy policy.](sps, Pensacola) (Entered: 07/25/2006)
20
21 7/24/2006 Arrest Warrant Returned Executed on 7/13/06 in case as to KENT E HOVIND. (sps, Pensacola) (Entered: 07/25/2006)
22  7/24/2006 Arrest Warrant Returned Executed for JO D. HOVIND
23 7/25/2006 NOTICE OF ATTORNEY APPEARANCE: KAFAHNI NKRUMAH appearing for KENT E HOVIND (NKRUMAH, KAFAHNI) (Entered: 07/25/2006)
24 8/9/2006 MOTION to Continue Trial by KENT E HOVIND. (Attachments: # 1)(NKRUMAH, KAFAHNI) (Entered: 08/09/2006)
25 8/10/2006 NOTICE OF HEARING as to KENT E HOVIND, JO D HOVIND In Chambers Phone Conference set for 8/11/2006 at 10:00 AM CST before District Judge M CASEY RODGERS. (mjm, Pensacola) (Entered: 08/10/2006)
26 8/11/2006 ORDER RESCHEDULING TRIAL as to KENT E HOVIND, JO D HOVIND. Pursuant to status conference held in chambers on 8/11/06 Jury Trial reset for 10/17/2006 09:00 AM in Courtroom 4N before District Judge M CASEY RODGERS. Deft K. Hovind’s motion for continuance (doc #24) is Granted. Any request for substitution of counsel shall be filed no later than 8/18/06. Signed by Judge M CASEY RODGERS on 8/11/2006. (mjm, Pensacola) (Entered: 08/11/2006)
27
28
29
30
31 8/18/2006 MOTION to Appear Pro Hac Vice by Alan S. Richey ($170.00 paid) by KENT E HOVIND. (sps, Pensacola) (Entered: 08/18/2006)
32 [Motion to Appear Pro Hac Vice by Jerold W. Barringer for JO D HOVIND]
33 8/18/2006 ORDER granting 31 Motion to Appear Pro Hac Vice (ALAN STUART RICHEY for KENT E HOVIND) as to KENT E HOVIND (1)and granting 32 Motion to Appear Pro Hac Vice JEROLD W BARRINGER for JO D HOVING) as to JO D HOVIND (2). To the extent that Mr. Richey seeks to present his motion ex parte, this request is denied. Neither motion nor this order shall be sealed. By this order, attorneys Kafahni Nkrumah and Kenneth Ray Ridlehoover are relieved of further representation of their respective clients.. Signed by Judge M CASEY RODGERS on 8/18/06. (sps, Pensacola) (Entered: 08/18/2006)
34 8/25/2006 ORDER as to KENT E HOVIND and JO D HOVIND. By August 30, 2006, the Govt and each of the Defts shall advise the court in writing as to whether consent is given to continue the trial to Oct. 31, 2006. If any party does not consent to the continuation, this matter shall proceed as scheduled on Oct. 17, 2006, with the parties’ knowledge that no trial shall be held Oct. 25, 26 or 27, 2006. Set/Reset Deadlines (Internal deadline for referral to judge if response not filed earlier: 8/30/2006). Signed by Judge M CASEY RODGERS on 8/25/06. (sps, Pensacola) (Entered: 08/25/2006)
35 8/28/2006 RESPONSE by USA, USA as to KENT E HOVIND, JO D HOVIND re 34 Order, Set Deadlines,,,, (HELDMYER, MICHELLE) (Entered: 08/28/2006)
36
37 8/30/2006 RESPONSE by KENT E HOVIND as to trial date (RICHEY, ALAN) (Entered: 08/30/2006)
38
39 8/30/2006 ORDER FOR TRIAL AND PRETRIAL CONFERENCE as to KENT E HOVIND and JO D HOVIND – Jury Trial shall remain on the October 17, 2006 trial docket. The trial schedule shall be modified as follows: Pretrial Conference set for 10/10/2006 10:00 AM in Courtroom 4 North before District Judge M CASEY RODGERS. Motions in limine re: evidentiary matters; proposed jury instructions, proposed verdict forms and voir dire questions (for Court’s consideration) shall be filed no later than 10/02/06.Signed by Judge M CASEY RODGERS on 8/30/06. (sps, Pensacola) (Entered: 08/30/2006)
40 9/6/2006 First MOTION to Travel by KENT E HOVIND. (RICHEY, ALAN) (Entered: 09/06/2006)
41 9/7/2006 ORDER denying 40 Motion to Travel as to KENT E HOVIND (1). Signed by Judge M CASEY RODGERS on 9/07/06. The court having previously addressed defendant’s travel restrictions, the pending motion is denied without further consideration. (sps, Pensacola) (Entered: 09/08/2006)
42 9/15/2006 MOTION for Reconsideration re 41 Order on Motion to Travel, by KENT E HOVIND. (RICHEY, ALAN) (Entered: 09/15/2006)
43 9/18/2006 ORDER denying 42 Motion for Reconsideration as to KENT E HOVIND (1). Signed by Judge M CASEY RODGERS on 9/18/06. (sps, Pensacola) (Entered: 09/18/2006)
44
45 9/27/2006 First MOTION to Dismiss Counts 1-12 & 58 by KENT E HOVIND. (RICHEY, ALAN) (Entered: 09/27/2006)
46 9/27/2006 First MOTION to Dismiss Counts 13-57 by KENT E HOVIND. (RICHEY, ALAN) (Entered: 09/27/2006)
47
48
49 10/2/2006 Proposed Jury Instructions by USA as to KENT E HOVIND, JO D HOVIND (Attachments: # 1 Appendix A# 2 Appendix B)(HELDMYER, MICHELLE) (Entered: 10/02/2006)
50 10/2/2006 Proposed Jury Instructions by USA as to KENT E HOVIND, JO D HOVIND (HELDMYER, MICHELLE) (Entered: 10/02/2006)
51 10/2/2006 Proposed Voir Dire by USA as to KENT E HOVIND, JO D HOVIND (HELDMYER, MICHELLE) (Entered: 10/02/2006)
52 10/2/2006 MOTION for Writ of Habeas Corpus ad testificandum by USA as to KENT E HOVIND, JO D HOVIND. (HELDMYER, MICHELLE) (Entered: 10/02/2006)
53 10/2/2006 Proposed Voir Dire by KENT E HOVIND (RICHEY, ALAN) (Entered: 10/02/2006)
54 10/2/2006 Proposed Jury Instructions by KENT E HOVIND (RICHEY, ALAN) (Entered: 10/02/2006)
55
56
57
58 10/2/2006 Proposed Verdict Form by KENT E HOVIND (RICHEY, ALAN) (Entered: 10/02/2006
59 10/3/2006 RESPONSE to Motion by USA as to KENT E HOVIND, JO D HOVIND re 45 First MOTION to Dismiss Counts 1-12 & 58 GOVERNMENT’S MEMORANDUM OF LAW IN RESPONSE TO DEFENDANT KENT E. HOVIND’S SEPTEMBER 27, 2006, MOTION TO DISMISS COUNTS 1 THROUGH 12 AND 58 OF THE INDICTMENT (DOC. 45) (Attachments: # 1 Court Order (Document Number 420 to Case Number 3:00cr44/LAC))(HELDMYER, MICHELLE) (Entered: 10/03/2006)
60 10/3/2006 RESPONSE to Motion by USA as to KENT E HOVIND, JO D HOVIND re 46 First MOTION to Dismiss Counts 13-57, 47 MOTION to Dismiss Counts 13 through 57 and Forfeiture claims GOVERNMENT’S MEMORANDUM OF LAW IN RESPONSE TO DEFENDANT’S KENT E. HOVIND’S AND JO D. HOVIND’S SEPTEMBER 27, 2006, MOTIONS TO DISMISS COUNTS 13 THROUGH 57 AND FORFEITURE CLAIM OF THE INDICTMENT (DOCS. 46, 47 & 48) (HELDMYER, MICHELLE) (Entered: 10/03/2006)
61 10/3/2006 RESPONSE to Motion by USA as to KENT E HOVIND, JO D HOVIND re 57 MOTION in Limine Regarding Government Usage of Words and Phrase at Trial GOVERNMENT’S MEMORANDUM OF LAW IN RESPONSE TO DEFENDANT JO D. HOVIND’S OCTOBER 2, 2006, MOTION IN LIMINE (DOC. 57) (HELDMYER, MICHELLE) (Entered: 10/03/2006)
62 10/4/2006 ORDER denying 45 Motion to Dismiss Counts 1 through 12 and 58 of the Indictment as to KENT E HOVIND (1); denying 46 Motion to Dismiss Counts 13 through 57 and Forfeiture Claim of the Indictment as to KENT E HOVIND (1); an denying 47 Motion to Dismiss Counts 13 through 57 and Forfeiture Claims as to JO D HOVIND (2). Signed by Judge M CASEY RODGERS on 10/04/06. (sps, Pensacola) (Entered: 10/04/2006)
63 10/10/2006 NOTICE of Intent to Use Evidence by USA as to KENT E HOVIND, JO D HOVIND (HELDMYER, MICHELLE) (Entered: 10/10/2006)
64 10/10/2006 MOTION for Bill of Particulars by KENT E HOVIND. (RICHEY, ALAN) (Entered: 10/10/2006)
65 10/10/2006 ORDER denying 64 Motion for Bill of Particulars as to KENT E HOVIND (1). The relief requested is DENIED. Defendants motion is untimely as per thecourts Order Setting Jury Trial And Other Pretrial Matters. Additionally,filing violates Rule 7.1(a) and 7.1(b) of the courts Local Rules. Finally, thegovernment is not required to provide a bill of particulars for items requested.Signed by Judge M CASEY RODGERS on 10/10/06. (sps) (Entered: 10/10/2006)
66 10/10/2006 Minute Entry for proceedings held before Judge M CASEY RODGERS :Pretrial Conference as to KENT E HOVIND, JO D HOVIND held on 10/10/2006. Jury Trial set for 10/17/06 through 11/03/06 w/no trial conducted on 10/25-27/06. Court DENIES [#57] Motion in Limine. Defts to respond to Govt’s Memorandum [#63] by 10/16/06. Parties to provide Exhibit and Witness lists by 10/16/06. Parties to make arrangements w/court reporter by 10/11/06. Parties to provide Court w/Stipulation. Govt to provide tax protester information by 10/17/06. Written orders to follow. (Court Reporter Gwen Kesinger.) (sps) (Entered: 10/10/2006)
67
68 10/11/2006 TRIAL BRIEF by USA as to KENT E HOVIND, JO D HOVIND (HELDMYER, MICHELLE) (Entered: 10/11/2006)
69 10/12/2006 ORDER as to KENT E HOVIND, JO D HOVIND re: Pretrial Conference held on 10/10/2006 – July Selection set for 10/17/2006. Joint Statement due by 10/12/2006. Exhibit & Witness Lists due by 10/16/2006. Trial will not be held on 10/25-27/2006. Court to hear argument @ 8:00 am on 10/17/2006 re: determination of limiting instructions and Govt’s Notice of Intent to Use Evidence. Defts should file any opposition by 10/16/2006. Signed by Judge M CASEY RODGERS on 10/12/06. (sps) (Entered: 10/12/2006)
70 10/13/2006 STATEMENT OF FACTS by USA as to KENT E HOVIND, JO D HOVIND 69 Order, Set Deadlines/Hearings,, (HELDMYER, MICHELLE) (Entered: 10/13/2006)
71 10/13/2006 MOTION for Reconsideration re 62 Order on Motion to Dismiss,,, Counts 1-12&58 by KENT E HOVIND. (RICHEY, ALAN) (Entered: 10/13/2006)
72 10/13/2006 MOTION for Reconsideration re 62 Order on Motion to Dismiss,,, Counts 13-57 by KENT E HOVIND. (Attachments: # 1 Exhibit 1040 instructions) (RICHEY, ALAN) (Entered: 10/13/2006)
73 10/13/2006 MOTION for Reconsideration re 65 Order on Motion for Bill of Particulars, by KENT E HOVIND. (RICHEY, ALAN) (Entered: 10/13/2006)
74 10/17/2006 ORDER denying 71 Motion for Reconsideration as to KENT E HOVIND (1); denying 72 Motion for Reconsideration as to KENT E HOVIND (1); and denying 73 Motion for Reconsideration as to KENT E HOVIND (1). Signed by Judge M CASEY RODGERS on 10/17/2006. (sps) (Entered: 10/17/2006)
75 10/18/2006 MOTION in Limine by USA as to KENT E HOVIND, JO D HOVIND. (sps) (Entered: 10/18/2006
76 10/17/2006 Voir Dire/Jury Selection as to KENT E HOVIND, JO D HOVIND (Attachments: # 1 Jury Challenge List) [Sealed per privacy policy.] (sps) (Entered: 10/19/2006)
77
78 11/1/2006 ORAL MOTION for Judgment of Acquittal by KENT E HOVIND. (sps) (Entered: 11/03/2006)
79
80 11/1/2006 ORAL ORDER denying 78 Motion for Acquittal as to KENT E HOVIND (1); and denying 79 Motion for Acquittal as to JO D HOVIND (2). Signed by Judge M CASEY RODGERS on 11/1/06. (sps) (Entered: 11/03/2006)
81 11/2/2006 Minute Entry for proceedings held before Judge M CASEY RODGERS :Jury Trial as to KENT E HOVIND, JO D HOVIND held on 11/2/2006. Jury Verdict: Defts Kent Hovind and Jo Hovind (both) found guilty on all counts as charged in the indictment. Deft Kent Hovind remanded to the custody of the US Marshal and Deft Jo Hovind released pending sentencing set for 1/19/07. [Written minutes posted w/this entry re: 10/17/06 to 11/02/06.] (Court Reporter Gwen Kesinger.) See separate entries re: jury instructions, verdict forms, exhibit & witness lists and hearing notice. (sps) (Entered: 11/03/2006
82 11/2/2006 EXHIBIT LIST by USA as to KENT E HOVIND, JO D HOVIND (Attachments: # 1 Defense Exhibit list) (sps) (Entered: 11/03/2006
83 11/2/2006 WITNESS LIST by USA as to KENT E HOVIND, JO D HOVIND (Attachments: # 1 Defense Witness Lists) (sps) (Entered: 11/03/2006)
84 11/2/2006 Jury Instructions as to KENT E HOVIND, JO D HOVIND (Attachments: # 1 Redacted Indictment) (sps) (Entered: 11/03/2006)
85 11/2/2006 JURY VERDICT as to KENT E HOVIND (1) Guilty on Count 1-12,13-57,58. [Redacted version w/o jury foreperson’s signature – per privacy policy.] (sps) (Entered: 11/03/2006)
86 11/2/2006 Sealed Document [Jury Verdict – sealed per privacy policy.] (sps) (Entered: 11/03/2006)
87
88
89 11/2/2006 Jury Instructions re: forfeiture as to KENT E HOVIND, JO D HOVIND (Attachments: # 1 Redacted Indictment) (sps) (Entered: 11/03/2006)
90 11/2/2006 JURY VERDICT on Forfeiture as to KENT E HOVIND, JO D HOVIND. [Redacted version w/o jury foreperson’s signature – per privacy policy.] (sps) (Entered: 11/03/2006)
91 11/2/2006 Sealed Document [Forfeiture Verdict sealed per privacy policy.] (sps) (Entered: 11/03/2006)
92 11/2/2006 ORDER for Jury Meals as to KENT E HOVIND, JO D HOVIND (Copy to Finance). Signed by Judge M CASEY RODGERS on 11/02/06. (sps) (Entered: 11/03/2006)
93 11/6/2006 NOTICE OF HEARING as to KENT E HOVIND and JO D HOVIND Sentencing set for 1/19/2007 09:00 AM in Courtroom 4 North before District Judge M CASEY RODGERS. (sps) (Entered: 11/06/2006)
94 11/6/2006 ORDER granting 75 Motion in Limine as to KENT E HOVIND (1), JO D HOVIND (2). Signed by Judge M CASEY RODGERS on 11/06/06. (sps) (Entered: 11/06/2006)
95 11/9/2006 MOTION and Memorandum for Issuance of a Preliminary Order of Forfeiture by USA as to KENT E HOVIND. (Attachments: # 1 Text of Proposed Order Preliminary Order of Forfeiture (Kent Hovind)) (HELDMYER, MICHELLE) (Entered: 11/09/2006)
96
97 11/14/2006 PRELIMINARY ORDER OF FORFEITURE granting 95 Motion for issuance of a preliminary order of forfeiture as to KENT E HOVIND (1). Signed by Judge M CASEY RODGERS on 11/13/06. [Certified copies to USM, USPO] (sps) (Entered: 11/14/2006)
98
99 [MOTION for Acquittal by JO D HOVIND]
100 11/14/2006 MOTION for Acquittal by KENT E HOVIND. (RICHEY, ALAN) (Entered: 11/14/2006)
101 11/22/2006 ORDER as to KENT E HOVIND, JO D HOVIND re: 99 MOTION for Acquittal (Judgment of Acquittal) Pursuant to Federal Rules of Criminal Procedure Rule 29(c) filed by JO D HOVIND and 100 MOTION for Acquittal filed by KENT E HOVIND. The governments responses (or response) to the motions [#99, #100] are due November 28, 2006. Signed by Judge M CASEY RODGERS on 11/22/06. (sps) (Entered: 11/22/2006)
102 11/27/2006 First MOTION for Reconsideration re 97 Order on Motion for Miscellaneous Relief for both Defendants by KENT E HOVIND as to JO D HOVIND. (RICHEY, ALAN) (Entered: 11/27/2006)
103 11/28/2006 RESPONSE by USA as to KENT E HOVIND, JO D HOVIND re 99 MOTION for Acquittal (Judgment of Acquittal) Pursuant to Federal Rules of Criminal Procedure Rule 29(c), 100 MOTION for Acquittal (HELDMYER, MICHELLE) (Entered: 11/28/2006)
104 11/29/2006 MOTION AND MEMORANDUM TO FORFEIT SUBSTITUTE PROPERTY by USA as to KENT E HOVIND, JO D HOVIND. (Attachments: # 1 Exhibit Charles Evans’ Affidavit) (HELDMYER, MICHELLE) (Entered: 11/29/2006)
105 11/29/2006 NOTICE of Lis Pendens by USA as to KENT E HOVIND, JO D HOVIND (HELDMYER, MICHELLE) (Entered: 11/29/2006)
106 11/29/2006 NOTICE of Lis Pendens by USA as to KENT E HOVIND, JO D HOVIND (HELDMYER, MICHELLE) (Entered: 11/29/2006)
107 11/29/2006 NOTICE of Lis Pendens by USA as to KENT E HOVIND, JO D HOVIND (HELDMYER, MICHELLE) (Entered: 11/29/2006)
108 11/29/2006 NOTICE of Lis Pendens by USA as to KENT E HOVIND, JO D HOVIND (HELDMYER, MICHELLE) (Entered: 11/29/2006)
109 11/29/2006 NOTICE of Lis Pendens by USA as to KENT E HOVIND, JO D HOVIND (HELDMYER, MICHELLE) (Entered: 11/29/2006)
110 11/29/2006 NOTICE of Lis Pendens by USA as to KENT E HOVIND, JO D HOVIND (HELDMYER, MICHELLE) (Entered: 11/29/2006)
111 11/29/2006 NOTICE of Lis Pendens by USA as to KENT E HOVIND, JO D HOVIND (HELDMYER, MICHELLE) (Entered: 11/29/2006)
112 11/29/2006 NOTICE of Lis Pendens by USA as to KENT E HOVIND, JO D HOVIND (HELDMYER, MICHELLE) (Entered: 11/29/2006)
113 11/29/2006 NOTICE of Lis Pendens by USA as to KENT E HOVIND, JO D HOVIND (HELDMYER, MICHELLE) (Entered: 11/29/2006
114 11/29/2006 NOTICE of Lis Pendens by USA as to KENT E HOVIND, JO D HOVIND (HELDMYER, MICHELLE) (Entered: 11/29/2006)
115 11/30/2006 REPLY TO RESPONSE to Motion by KENT E HOVIND re 103 Response (RICHEY, ALAN) (Entered: 11/30/2006)
116 11/30/2006 MOTION to Strike by USA as to KENT E HOVIND. (HELDMYER, MICHELLE) (Entered: 11/30/2006)
117 12/1/2006 MOTION for Leave to File Reply to US Response to Motion for Acquittal by KENT E HOVIND. (Attachments: # 1 Exhibit reply document) (RICHEY, ALAN) (Entered: 12/01/2006)
118 12/1/2006 RESPONSE in Opposition by KENT E HOVIND re 116 MOTION to Strike (RICHEY, ALAN) (Entered: 12/01/2006)
119 12/1/2006 ORDER (of Deficiency) as to KENT E HOVIND re 115 Reply to Response filed by KENT E HOVIND. The court will not consider the reply. No reply memoranda shall be filed absent a showing of good cause and upon leave of the court. See N.D. Fla. Loc. R. 7.1 (C)(2).Signed by Judge M CASEY RODGERS on 12/01/06. (sps) (Entered: 12/01/2006)
120 12/1/2006 ORDER denying as moot 116 Motion to Strike as to KENT E HOVIND (1). [See order of deficiency.] #Signed by Judge M CASEY RODGERS on 12/01/06. (sps) (Entered: 12/01/2006)
121 12/4/2006 RESPONSE by USA as to KENT E HOVIND re 117 MOTION for Leave to File Reply to US Response to Motion for Acquittal (HELDMYER, MICHELLE) (Entered: 12/04/2006)
122
123 12/14/2006 RESPONSE in Opposition by KENT E HOVIND re 104 MOTION AND MEMORANDUM TO FORFEIT SUBSTITUTE PROPERTY (RICHEY, ALAN) (Entered: 12/14/2006)
124 12/15/2006 MOTION for Release from Custody and for Stay by KENT E HOVIND. (RICHEY, ALAN) (Entered: 12/15/2006)
125
126 12/18/2006 PSR Letter as to KENT E HOVIND (sps) (Entered: 12/20/2006)
127 12/21/2006 ORDER denying 124 Motion for Release from Custody and Stay Pending Sentencing and Appeal as to KENT E HOVIND (1). Signed by Judge M CASEY RODGERS on 12/21/06. (sps) (Entered: 12/21/2006)
128 12/29/2006 NOTICE OF APPEAL (Interlocutory) by KENT E HOVIND re 127 Order on Motion for Release from Custody Filing fee $ 455. (RICHEY, ALAN) Modified on 1/3/2007 (sps, Pensacola). (Entered: 12/29/2006)
129 1/3/2007 Transmission of Notice of(Interlocutory)Appeal and Docket Sheet as to KENT E HOVIND to US Court of Appeals re 128 Notice of Appeal – Final Judgment (sps) (Entered: 01/03/2007)
130 1/3/2007 DOCKET ANNOTATION BY COURT: as to KENT E HOVIND: Re 128 Notice of Appeal – Final Judgment filed by KENT E HOVIND. This Notice of Appeal is an interlocutory appeal not an appeal of a final judgment. A final judgment has not yet been entered in this case. (sps) (Entered: 01/03/2007)
131 1/2/2007 ORDER(of Deficiency) as to KENT E HOVIND, JO D HOVIND re: Bill Quia Timet and Verified Motion for Determination of Status documents. The filing party (Scott McDonough) is not a party to this case and is not an attorney of record in the above case. The submitted hard copy of the document shall be returned by the Clerk without electronic filing. It may be resubmitted after the above noted deficiencies are corrected. Signed by Judge M CASEY RODGERS on 1/02/07. (sps) (Entered: 01/03/2007)
132
133 1/5/2007 RESPONSE by USA as to KENT E HOVIND re 102 First MOTION for Reconsideration re 97 Order on Motion for Miscellaneous Relief for both Defendants (HELDMYER, MICHELLE) (Entered: 01/05/2007)
134 1/5/2007 Amended MOTION for Forfeiture of Property by USA as to KENT E HOVIND. (HELDMYER, MICHELLE) (Entered: 01/05/2007)
135
136 1/8/2007 AMENDED PRELIMINARY ORDER OF FORFEITURE granting 134 Amended Motion for Forfeiture of Property as to KENT E HOVIND (1). Signed by Judge M CASEY RODGERS on 1/08/07. (sps) (Entered: 01/08/2007)
137
138 1/11/2007 USCA Case Number as to KENT E HOVIND 07-10090-B for 128 NOTICE OF APPEAL (Interlocutory) by KENT E HOVIND re 127 Order on Motion for Release from Custody Filing fee $ 455. (RICHEY, ALAN) (sps) (Entered: 01/12/2007)
139 1/11/2007 USCA PROCEDURAL LETTER re: 128 NOTICE OF APPEAL (Interlocutory) by KENT E HOVIND re 127 Order on Motion for Release from Custody. USCA Appeal # 07-10090-B (sps, Pensacola). (Entered: 01/12/2007)
140 1/11/2007 USCA PROCEDURAL LETTER re: 128 NOTICE OF APPEAL (Interlocutory) by KENT E HOVIND re 127 Order on Motion for Release from Custody. USCA Appeal # 07-10090B re: FRAP 9(a)(1) motion deadline. (sps) (Entered: 01/12/2007)
141 1/12/2007 ORDER granting 117 Motion for Leave to File Reply to US Response to Motion for Judgment of Acquittal as to KENT E HOVIND (1). Signed by Judge M CASEY RODGERS on 1/12/07. (sps) (Entered: 01/12/2007)
142 1/12/2007 ORDER denying 100 Motion for Acquittal as to KENT E HOVIND (1); denying 99 Motion for Acquittal as to JO D HOVIND (2). Signed by Judge M CASEY RODGERS on 1/12/07. ***See order dated April 18, 2007 VACATING this order and entering order #192 in its stead. (sps) Modified on 4/18/2007 (sps, Pensacola). (Entered: 01/12/2007)
143
144 1/16/2007 SENTENCING MEMORANDUM by USA as to KENT E HOVIND, JO D HOVIND (HELDMYER, MICHELLE) (Entered: 01/16/2007)
145 1/16/2007 ORDER granting 102 Motion for Reconsideration re 98 Prelimnary Order of Forfeiture as to JO D HOVIND (2) and 97 Prelimnary Order of Forfeiture as to KENT E HOVIND (1). The relief requested is GRANTED,nunc pro tunc, as of January 8, 2007, the date of entry of the amended preliminary orders of forfeiture (docs. 136, 137).Signed by Judge M CASEY RODGERS on 1/16/07. (sps) (Entered: 01/16/2007)
146
147 1/18/2007 NOTICE Of Government’s Bill of Costs and Supporting Memorandum of Law by USA as to KENT E HOVIND, JO D HOVIND (Attachments: # 1 Appendix Court Documents) (HELDMYER, MICHELLE) (Entered: 01/18/2007)
148
149 1/19/2007 Minute Entry for proceedings held before Judge M CASEY RODGERS :Sentencing held on 1/19/2007 for KENT E HOVIND (1). Total sentence imposed: 120 months custody of BOP, comprised of 60 months as to Counts 1-56 to run concurrent, 60 months as to Count 57 to run consecutive to Counts 1-56 and 36 months as to Count 58 to run concurrent to Counts 1-56. Supervised release 3 years in each of Counts 1-57 to run concurrent to 1 year as to Count 58. Fine: $2,000. Restitution: $604,874.87. Costs of Prosecution: $7,078.24. SMA $5,800 ($100 per count). Separate Order of Forfeiture entered. Deft remanded to custody of US Marshal. Govt & Deft Exhibits (1 envelope) placed in Clerk’s secured storage. (Court Reporter Gwen Kesinger.) (sps) (Entered: 01/23/2007)
150 1/19/2007 FINAL ORDER OF FORFEITURE as to Defendant KENT E HOVIND re: $430,400.00 in US Currency. Signed by Judge M CASEY RODGERS on 1/19/07. (sps) (Entered: 01/24/2007)
151
152 1/25/2007 First MOTION to Vacate Judgment & Sentence (Doc. 149) by KENT E HOVIND. (Attachments: # 1 Exhibit Order USDC Massachusetts) (RICHEY, ALAN) (Entered: 01/25/2007)
153 [Motion for Reconsideration as to JO D HOVIND]
154 1/26/2007 JUDGMENT as to KENT E HOVIND (1). Total Sentence imposed: 120 months custody of BOP; 3 years supervised release; fine $2,000; restitution $604,874.87; costs of prosecution $7,078.24 and $5,800 SMA ($100 per count). This term of 120 months is comprised of 60 months as to Counts 1-56, all to run concurrent; 60 months as to Count 57, to run consecutive to Counts 1-56; and 36 months as to Count 58, to run concurrent with Counts 1-56. See separate Final Order of Forfeiture. Deft remanded to the custody of the US Marshal. Signed by Judge M CASEY RODGERS on 1/26/2007. (sps) (Entered: 01/26/2007)
155 1/26/2007 STATEMENT OF REASONS (Sealed) as to KENT E HOVIND. Copies to be distributed to attorney for defendant, USAO, and USPO only. Signed by Judge M CASEY RODGERS on 1/26/07. (sps) (Entered: 01/26/2007)
156 1/27/2007 First MOTION for Reconsideration re 142 Order on Motion for Acquittal, by KENT E HOVIND. (RICHEY, ALAN) (Entered: 01/27/2007)
157 1/29/2007 ORDER denying 152 Motion to Vacate (Judgment and Commitment Order and Convene Resentence Hearing)as to KENT E HOVIND (1). Signed by Judge M CASEY RODGERS on 1/29/07. (sps) (Entered: 01/29/2007)
158 1/30/2007 NOTICE OF APPEAL by KENT E HOVIND Filing fee $ 455. (RICHEY, ALAN) (Entered: 01/30/2007)
159 1/31/2007 ORDER STAYING Final Order of Forfeiture as to KENT E HOVIND, JO D HOVIND pending a decision by the court on defendants’ Motion for Reconsideration. Signed by Judge M CASEY RODGERS on 1/31/07. (tdg) (Entered: 01/31/2007)
160 1/31/2007 MOTION UNITED STATES’ MOTION TO DENY DEFENDANT KENT HOVIND’S MOTION TO RECONSIDER JUDGMENT OF ACQUITTAL BASED UPON LACK OF JURISDICITON; AND MOTION TO REINSTATE ORDER OF FORFEITURE by USA as to KENT E HOVIND. (HELDMYER, MICHELLE) (Entered: 01/31/2007)
161 2/1/2007 Transmission of Notice of Appeal and Docket Sheet as to KENT E HOVIND to US Court of Appeals re 158 Notice of Appeal – Final Judgment (djb) (Entered: 02/01/2007)
162
163 2/7/2007 USCA Case Number 07-10502-B for 158 NOTICE OF APPEAL by KENT E HOVIND. (djb) (Entered: 02/07/2007)
164 2/7/2007 USCA PROCEDURAL LETTER Re: Appeal Fees and filing the Transcript Order Form. re: 158 NOTICE OF APPEAL by KENT E HOVIND. USCA Appeal # 07-10502-B (djb) (Entered: 02/07/2007)
165 2/8/2007 USCA PROCEDURAL LETTER The district court docket sheet indicates that the notice of appeal was filed before the disposition of a timely tolling motion. Therefore the effectiveness of the notice is suspended until the motion(s) is/are disposed of. See Fed.R.App.P. 4(a)(4). re: 158 NOTICE OF APPEAL by KENT E HOVIND. USCA Appeal # 07-10502-B (chambers faxed copy) (djb) (Entered: 02/08/2007)
166 2/8/2007 ORDER denying 160 Motion to Deny Defendant Kent Hovind’s Motion to Reconsider Judgment of Acquittal Based Upon Lack of Jurisdiction; and United States’ Motion to Reinstate Order of Forfeiture as to KENT E HOVIND (1). It is ORDERED this 8th day of February, 2007, that: The relief requested is DENIED. (See doc. 165). Signed by Judge M CASEY RODGERS on 2/8/2007. (djb) (Entered: 02/08/2007)
167
168 2/9/2007 RESPONSE to Motion by USA as to KENT E HOVIND re 156 First MOTION for Reconsideration re 142 Order on Motion for Acquittal, (HELDMYER, MICHELLE) (Entered: 02/09/2007)
169 2/12/2007 USCA PROCEDURAL LETTER – USCA Appeal # 07-10090-B Consolidated with 158 NOTICE OF APPEAL by KENT E HOVIND, 07-10502-B re: 128 NOTICE OF APPEAL (Interlocutory) by KENT E HOVIND *This Court is awaiting a ruling from District Court on Doc. #156 in the consolidated appeal. (djb) (Entered: 02/12/2007)
170 2/12/2007 USCA PROCEDURAL LETTER – USCA Appeal # 07-10502-B Consolidated with 128 NOTICE OF APPEAL (Interlocutory) by KENT E HOVIND re: 158 NOTICE OF APPEAL by KENT E HOVIND USCA Appeal # 07-10090-B (djb) (Entered: 02/12/2007)
171 2/12/2007 ORDER as to KENT E HOVIND, JO D HOVIND re 153 MOTION for Reconsideration re 142 Order on Motion for Acquittal, filed by JO D HOVIND and 156 First MOTION for Reconsideration re 142 Order on Motion for Acquittal, filed by KENT E HOVIND. The parties shall file supplemental briefs by Feb. 20, 2007. The court shall hear oral argument on both motions for reconsideration on the renewed motions for judgment of acquittal on Feb. 22, 2007 @ 8:30 am. The sentencing hearing for Deft Jo Hovind which is now set for March 6, 2007, shall be continued and reset for a later date by separate order. Signed by Judge M CASEY RODGERS on 2/12/2007. (sps) (Entered: 02/12/2007)
172 2/12/2007 NOTICE OF HEARING ON MOTION in case as to KENT E HOVIND & JO D HOVIND 156 First MOTION for Reconsideration re 142 Order on Motion for Acquittal and 153 MOTION for Reconsideration re 142 Order on Motion for Acquittal. Supplemental briefs due by 2/20/2007. Motion Hearing set for 2/22/2007 08:30 AM in Courtroom 4 North before District Judge M CASEY RODGERS. Time allotted: 3 hours (90 minutes for Govt and 90 minutes for Defts divided equally between defense counsel or as counsel may otherwise agree. (sps) (Entered: 02/12/2007)
173 2/12/2007 NOTICE OF ATTORNEY APPEARANCE ROBERT GARDNER DAVIES appearing for USA. (DAVIES, ROBERT) (Entered: 02/12/2007)
174 2/13/2007 Writ of Habeas Corpus ad Testificandum Returned Executed for MAURICE ADKINS on 10/10/06 (to USMS N/FL Pensacola) in case as to KENT E HOVIND, JO D HOVIND and transported back to FL DOC Bay CI on 11/22/06. (sps) (Entered: 02/13/2007)
175 2/13/2007 MOTION to Continue Motions Hearing by USA as to KENT E HOVIND, JO D HOVIND. (HELDMYER, MICHELLE) (Entered: 02/13/2007)
176 2/14/2007 ORDER granting 175 Motion to Continue as to KENT E HOVIND (1), JO D HOVIND (2). Oral argument shall be continued to February 28, 2007 at 8:30 am. Signed by Judge M CASEY RODGERS on 2/14/07. (sps) (Entered: 02/14/2007)
177 2/15/2007 Second MOTION to Stay re 154 Judgment,, and for release by KENT E HOVIND. (RICHEY, ALAN) (Entered: 02/15/2007)
178 2/16/2007 ORDER re 177 Second MOTION to Stay re 154 Judgment, and for release filed by KENT E HOVIND. The Government shall respond within ten (10) days to the six (6) grounds raised by Defendant. Set/Reset Deadlines (Internal deadline for referral to judge if response not filed earlier: 2/26/2007). Signed by Judge M CASEY RODGERS on 2/16/2007. (djb) (Entered: 02/16/2007)
179
180
181 2/20/2007 RESPONSE by USA as to KENT E HOVIND, JO D HOVIND GOVERNMENT’S SUPPLEMENTAL BRIEF IN RESPONSE TO THE DEFENDANTS’ MOTIONS TO RECONSIDER ORDER DENYING MOTIONS FOR JUDGMENT OF ACQUITTAL (DAVIES, ROBERT) (Entered: 02/20/2007)
182 2/21/2007 RESPONSE by KENT E HOVIND re 171 Order,, (RICHEY, ALAN) (Entered: 02/21/2007)
183 2/22/2007 ORDER (of Deficiency) as to KENT E HOVIND re: Verified Motion for Determination of Status and Brief in Support of “Next Friend” Standing documents. The filing party (Scott McDonough) is not a party to this case and is not an attorney of record in the above case. The submitted hard copy of the document shall be returned by the Clerk without electronic filing. It may be resubmitted after the above noted deficiencies are corrected. The court notes that the filing party does not appear to have satisfied the requirements of next friend standing. Signed by Judge M CASEY RODGERS on 2/22/07. (sps) (Entered: 02/22/2007)
184
185 2/23/2007 RESPONSE to Motion by USA as to KENT E HOVIND re 177 Second MOTION to Stay re 154 Judgment,, and for release GOVERNMENT’S RESPONSE TO KENT HOVIND’S SECOND MOTION FOR RELEASE AND STAY PENDING THE OUTCOME ON APPEAL (DAVIES, ROBERT) (Entered: 02/23/2007)
186 2/28/2007 Minute Entry for proceedings held before Judge M CASEY RODGERS :Motion Hearing as to KENT E HOVIND, JO D HOVIND held on 2/28/2007 re 153 MOTION for Reconsideration re 142 Order on Motion for Acquittal, filed by JO D HOVIND and 156 First MOTION for Reconsideration re 142 Order on Motion for Acquittal, filed by KENT E HOVIND. Argument heard as to both motions and taken under consideration. Written order to follow. (Court Reporter Gwen Kesinger.) (sps) (Entered: 02/28/2007)
187 2/28/2007 ORDER denying 177 Second MOTION to Stay re 154 Judgment, and for release as to KENT E HOVIND (1). For the foregoing reasons, Defendants Motion For Release and Stay Pending Appeal (doc. 177) is DENIED. Signed by Judge M CASEY RODGERS on 2/28/2007. (djb) (Entered: 02/28/2007)
188
189 3/8/2007 USCA Appeal Fees received $ 455, receipt number FLN300000515 as to KENT E HOVIND re 158 Notice of Appeal – Final Judgment (no pdf.) (djb) (Entered: 03/09/2007)
190 3/15/2007 Judgment Returned Executed as to KENT E HOVIND on 3/8/2007. (sps) (Entered: 03/15/2007)
191 3/16/2007 USCA PROCEDURAL LETTER: to be advised if an order has been entered concerning 156 Motion for Reconsideration. re: 158 NOTICE OF APPEAL by KENT E HOVIND USCA Appeal # 07-10502-B (djb) (Entered: 03/16/2007)
192 4/18/2007 ORDER – (1)granting 156 Motion for Reconsideration as to KENT E HOVIND and granting 153 Motion for Reconsideration as to JO D HOVIND, to the extent the court’s January 12, 2007, order (doc. 142) is VACATED and the instant order is entered in its stead. (2)Defendants’ renewed motions for judgment of acquittal (docs. 99, 100) are DENIED. (3) The stay imposed by the court’s order dated January 31, 2007 (doc. 159) is LIFTED. (4) Sentencing proceedings for JO D HOVIND shall be set by separate order. Signed by Judge M CASEY RODGERS on 4/18/07. (sps) (Entered: 04/18/2007)
193
194 4/19/2007 USCA PROCEDURAL LETTER RE: Motion for Order Directing District Court to Rule on Deft’s Motion for Reconsideration received by USCA. re: 158 NOTICE OF APPEAL by KENT E HOVIND USCA Appeal # 07-10502-B (djb) (Entered: 04/19/2007)
195
196 4/26/2007 TRANSCRIPT REQUEST by KENT E HOVIND for proceedings held on October 17,18,19,20,30,31, November 1,2, 2006; January 19, February 28, 2007 before Judge M. Casey Rodgers, re 158 Notice of Appeal – Final Judgment Court Reporter:Gwen Kesinger (RICHEY, ALAN) (Entered: 04/26/2007)
197
198
199
200 5/7/2007 ORDER of USCA (certified copy) Appellant’s Notice of Withdrawal of Motion for an Order Directing the District Court to Rule has been granted. On April 18, 2007, the district court entered a ruling (Doc. 192) regarding Appellant’s motion for judgment of acquittal (Doc. 156). The need for a motion to compel is therefore moot. Appellant therefore withdraws his motion to compel. re: 128 Notice of Appeal – Final Judgment, 158 Notice of Appeal – Final Judgment by KENT E HOVIND. USCA # 07-10090-B; 07-10502-B (djb) (Entered: 05/09/2007)
201 5/17/2007 TRANSCRIPT Acknowledgement – Part II re 128 Notice of Appeal – Final Judgment, 158 Notice of Appeal – Final Judgment Court Reporter:Gwen Kesinger Transcript due by 6/12/2007. (gk) (Entered: 05/17/2007)
202 5/21/2007 ORDER as to KENT E HOVIND and JO D HOVIND – Pursuant to the courts Order of April 18, 2007, the previously imposed stay of the courts Final Order of Forfeiture was lifted. (See doc. 192). Before proceeding further on this forfeiture matter, the parties shall advise the court within five (5) days of the date of entry of this order whether there has been any resolution or modification to their respective positions or if this motion remains ripe for consideration by the court. Set/Reset Deadlines (Internal deadline for referral to judge if response not filed earlier: 5/29/2007). Signed by Judge M CASEY RODGERS on 5/21/07. (sps) (Entered: 05/21/2007)
203 5/23/2007 STATUS REPORT by USA as to KENT E HOVIND, JO D HOVIND (HELDMYER, MICHELLE) (Entered: 05/23/2007)
204
205
206
207 6/18/2007 USCA PROCEDURAL LETTER Re: Transcripts re: 128 NOTICE OF APPEAL (Interlocutory) by KENT E HOVIND 158 NOTICE OF APPEAL by KENT E HOVIND USCA Appeal # 07-10090-B & #07-10502-B (djb) (Entered: 06/18/2007)
208
209 6/26/2007 MOTION for Forfeiture of Property United States’ Motion and Memorandum to Fofeit Substitute Property by USA as to KENT E HOVIND, JO D HOVIND. (ATCHISON, JD) (Entered: 06/26/2007)
210
211 6/28/2007 MOTION to Withdraw Document 209 MOTION for Forfeiture of Property United States’ Motion and Memorandum to Fofeit Substitute Property Motion to withdraw second Motion and Memorandum to Forfeit Substitute Property by USA as to KENT E HOVIND, JO D HOVIND. (ATCHISON, JD) (Entered: 06/28/2007)
212  6/28/2007  ORDER FORFEITING SUBSTITUTE PROPERTY
213 6/28/2007 ORDER granting 104 Motion Forfeiting Substitute Property as to KENT E HOVIND (1) and JO D HOVIND (2). Signed by Judge M CASEY RODGERS on 6/27/07. (sps) (Entered: 06/28/2007)
214 6/25/2007 ORDER of USCA (certified copy) as to KENT E HOVIND re 128 Notice of Appeal – Final Judgment, 158 Notice of Appeal – Final Judgment: An extension of time has been granted to and including 7/12/07 for filing transcripts. (sps) (Entered: 06/29/2007)
215 6/29/2007 ORDER re: 211 Motion to Withdraw Document as to KENT E HOVIND (1)and JO D HOVIND (2). Relief requested is noted. Signed by Judge M CASEY RODGERS on 6/29/07. [Clerk terminated pending motion (doc #209).] (sps) (Entered: 06/29/2007)
216
217
218
219
220
221
222
223
224 7/20/2007 ORDER of USCA (certified copy) as to KENT E HOVIND and JO D HOVIND re 158 Notice of Appeal – Final Judgment and 217 Notice of Appeal – Final Judgment. An extension of time has been granted to and including August 13, 2007 for filing the transcripts in the district court re: USCA #07-10502-B. (sps) (Entered: 07/23/2007)
225
226
227 8/16/2007 NOTICE OF ATTORNEY APPEARANCE: MICHAEL RYAN ROLLO appearing for KENT E HOVIND, JO D HOVIND : MICHAEL RYAN ROLLO appearing for GLEN STOLL, DIRECTOR (ROLLO, MICHAEL) (Entered: 08/16/2007)
228 8/16/2007 NOTICE OF ATTORNEY APPEARANCE: MICHAEL RYAN ROLLO appearing for KENT E HOVIND, JO D HOVIND : MICHAEL RYAN ROLLO appearing for ERIC HOVIND, CLAIMANT (ROLLO, MICHAEL) (Entered: 08/16/2007)
229 8/13/2007 OBJECTION TO NOTICE OF FORFEITURE ; PETITION/MOTION for Hearing by Claimant ERIC HOVIND as to KENT E HOVIND (re Final Order of Forfeiture #150). (mjm) (Entered: 08/16/2007)
230 8/13/2007 OBJECTION TO NOTICE OF FORFEITURE ; PETITION/MOTION for Hearing by Claimant GLEN STOLL as to KENT E HOVIND (re Final Order of Forfeiture #150).(Entered: 08/16/2007) (mjm) (Entered: 08/16/2007)
231
232
233 8/17/2007 USCA PROCEDURAL LETTER to counsel as to transcript re: 217 NOTICE OF APPEAL by JO D HOVIND. USCA Appeal # 07-10502-B. (kvg) (Entered: 08/17/2007)
234
235
236 8/22/2007 USCA PROCEDURAL LETTER to counsel as to transcript re: 158 NOTICE OF APPEAL by KENT E HOVIND. USCA Appeal # 07-10502-B. (kvg) (Entered: 08/22/2007)
237 8/24/2007 Passport returned to Office of Passport Policy and Advisory Services as to KENT E HOVIND. Passport Number 217230535 issued by USA (sps) (Entered: 08/24/2007)
238 [Passport returned JO D HOVIND ?]
239
240
241
242 8/31/2007 TRANSCRIPT REQUEST by JO D HOVIND for proceedings held on June 29, 2007 before Judge M Casey Rodgers, Court Reporter:Gwen Kesinger. (kvg) (Entered: 08/31/2007)
243
244 9/12/2007 USCA PROCEDURAL LETTER to counsel concerning financial arrangements for transcript preparation re: 217 NOTICE OF APPEAL by JO D HOVIND. USCA Appeal # 07-10502-B. (kvg) (Entered: 09/12/2007)
245 8/30/2007 ACKNOWLEDGMENT (Certified/Return Receipt) received as to KENT E HOVIND, JO D HOVIND re 237 Passport Returned, 238 Passport Returned (sps) (Entered: 09/13/2007)
246 9/13/2007 ORDER of USCA – GRANTED extension for filing transcripts re 158 Notice of Appeal – Final Judgment by KENT E. HOVIND. Transcript due by 10/9/2007. (kvg) (Entered: 09/13/2007)
247 10/15/2007 NOTICE OF ATTORNEY APPEARANCE ROBERT DEL STINSON appearing for USA. Notice of Appearance as Co-counsel (STINSON, ROBERT) (Entered: 10/15/2007)
248
249 10/22/2007 ORDER of USCA – GRANTING extension of time in which to file transcript as to KENT E HOVIND re 158 Notice of Appeal – Final Judgment. Transcript due by 11/15/07. (kvg) (Entered: 10/22/2007)
250 10/29/2007 TRANSCRIPT OF TRIAL PROCEEDINGS VOLUME 2 (299 pgs.) and NOTICE TO ATTORNEYS OF TRANSCRIPT REDACTION REQUIREMENTS re: Jury Trial held on 10-18-06 before Judge M. Casey Rodgers by Court Reporter Gwen Kesinger A transcript of a court proceeding is available for viewing at the Office of the Clerk of Court in the above-captioned case. This transcript has been filed under seal pending a review pursuant to Judicial Conference Privacy Policies. The parties have five (5) days to file with the clerk a Notice of Intent to Request Redaction of this transcript. If no notice is filed by the deadline, the attorney will be deemed to have certified that no redactions are needed. Any party needing to purchase a copy of the transcript to review for redaction purposes may purchase it from the court reporter. Applicable deadlines under 11th Cir. R. 12-1 will be calculated from the date of this notice.. Notice of Intent to Request Redaction due by 11/5/2007.Transcript to be unsealed by 2/1/2008 if no redaction request filed. (gk) (Entered: 10/29/2007)
251 10/29/2007 TRANSCRIPT OF TRIAL PROCEEDINGS VOLUME 3 (316 pgs.) and NOTICE TO ATTORNEYS OF TRANSCRIPT REDACTION REQUIREMENTS re: Jury Trial held on 10-19-07 before Judge M. Casey Rodgers by Court Reporter Gwen Kesinger A transcript of a court proceeding is available for viewing at the Office of the Clerk of Court in the above-captioned case. This transcript has been filed under seal pending a review pursuant to Judicial Conference Privacy Policies. The parties have five (5) days to file with the clerk a Notice of Intent to Request Redaction of this transcript. If no notice is filed by the deadline, the attorney will be deemed to have certified that no redactions are needed. Any party needing to purchase a copy of the transcript to review for redaction purposes may purchase it from the court reporter. Applicable deadlines under 11th Cir. R. 12-1 will be calculated from the date of this notice.. Notice of Intent to Request Redaction due by 11/5/2007.Transcript to be unsealed by 2/1/2008 if no redaction request filed. (gk) (Entered: 10/29/2007)
252  11/07/2007  Jo Hovind sentencing transcript from June 29, 2007
253
254 11/29/2007 USCA PROCEDURAL LETTER to Gwen Kesinger regarding discounting of transcripts re: 158 NOTICE OF APPEAL by KENT E HOVIND. USCA Appeal # 07-10502-B. (kvg) (Entered: 11/29/2007)
255 12/11/2007 TRANSCRIPT of Sealed Jury Selection (177 pgs.) proceedings filed as to KENT E HOVIND, JO D HOVIND for dates of 10-17-06 before Judge M. Casey Rodgers, re 128 Notice of Appeal – Final Judgment, 217 Notice of Appeal – Final Judgment Court Reporter: Gwen Kesinger (PDF sealed) (gk) (Entered: 12/11/2007)
256 12/11/2007 TRANSCRIPT OF TRIAL PROCEEDINGS (288 pgs.) and NOTICE TO ATTORNEYS OF TRANSCRIPT REDACTION REQUIREMENTS re: Jury Trial held on 10-20-06 before Judge M. Casey Rodgers by Court Reporter Gwen Kesinger A transcript of a court proceeding is available for viewing at the Office of the Clerk of Court in the above-captioned case. This transcript has been filed under seal pending a review pursuant to Judicial Conference Privacy Policies. The parties have five (5) days to file with the clerk a Notice of Intent to Request Redaction of this transcript. If no notice is filed by the deadline, the attorney will be deemed to have certified that no redactions are needed. Any party needing to purchase a copy of the transcript to review for redaction purposes may purchase it from the court reporter. Applicable deadlines under 11th Cir. R. 12-1 will be calculated from the date of this notice.. Notice of Intent to Request Redaction due by 12/18/2007. Transcript to be unsealed by 3/17/2008 if no redaction request filed. (gk) (Entered: 12/11/2007)
257 12/21/2007 USCA PROCEDURAL LETTER to Gwen Kesinger regarding discounting of transcripts re: 158 NOTICE OF APPEAL by KENT E HOVIND. USCA Appeal # 07-10502-B. (kvg) (Entered: 12/21/2007)
258 1/3/2008 TRANSCRIPT OF TRIAL PROCEEDINGS VOL. 6 (302 pgs.) and NOTICE TO ATTORNEYS OF TRANSCRIPT REDACTION REQUIREMENTS re: Jury Trial held on 10-30-06 before Judge M. Casey Rodgers by Court Reporter Gwen Kesinger A transcript of a court proceeding is available for viewing at the Office of the Clerk of Court in the above-captioned case. This transcript has been filed under seal pending a review pursuant to Judicial Conference Privacy Policies. The parties have five (5) days to file with the clerk a Notice of Intent to Request Redaction of this transcript. If no notice is filed by the deadline, the attorney will be deemed to have certified that no redactions are needed. Any party needing to purchase a copy of the transcript to review for redaction purposes may purchase it from the court reporter. Applicable deadlines under 11th Cir. R. 12-1 will be calculated from the date of this notice.. Notice of Intent to Request Redaction due by 1/10/2008. Transcript to be unsealed by 4/7/2008 if no redaction request filed. (gk) (Entered: 01/03/2008)
259 1/3/2008 TRANSCRIPT OF TRIAL PROCEEDINGS VOL. 7 (249 pgs.) and NOTICE TO ATTORNEYS OF TRANSCRIPT REDACTION REQUIREMENTS re: Jury Trial held on 10-31-06 before Judge M. Casey Rodgers by Court Reporter Gwen Kesinger A transcript of a court proceeding is available for viewing at the Office of the Clerk of Court in the above-captioned case. This transcript has been filed under seal pending a review pursuant to Judicial Conference Privacy Policies. The parties have five (5) days to file with the clerk a Notice of Intent to Request Redaction of this transcript. If no notice is filed by the deadline, the attorney will be deemed to have certified that no redactions are needed. Any party needing to purchase a copy of the transcript to review for redaction purposes may purchase it from the court reporter. Applicable deadlines under 11th Cir. R. 12-1 will be calculated from the date of this notice.. Notice of Intent to Request Redaction due by 1/10/2008. Transcript to be unsealed by 4/7/2008 if no redaction request filed. (gk) (Entered: 01/03/2008)
260 2/8/2008 TRANSCRIPT OF ORAL ARGUMENT PROCEEDINGS (81 pgs.) and NOTICE TO ATTORNEYS OF TRANSCRIPT REDACTION REQUIREMENTS re: 186 Motion Hearing, held on 2-28-07 before Judge M. Casey Rodgers by Court Reporter Gwen Kesinger A transcript of a court proceeding is available for viewing at the Office of the Clerk of Court in the above-captioned case. This transcript has been filed under seal pending a review pursuant to Judicial Conference Privacy Policies. The parties have five (5) days to file with the clerk a Notice of Intent to Request Redaction of this transcript. If no notice is filed by the deadline, the attorney will be deemed to have certified that no redactions are needed. Any party needing to purchase a copy of the transcript to review for redaction purposes may purchase it from the court reporter. Applicable deadlines under 11th Cir. R. 12-1 will be calculated from the date of this notice.. Notice of Intent to Request Redaction due by 2/15/2008. Transcript to be unsealed by 5/13/2008 if no redaction request filed. (gk) (Entered: 02/08/2008)
261 2/8/2008 TRANSCRIPT OF TRIAL PROCEEDINGS VOL. 8 (230 pgs.) and NOTICE TO ATTORNEYS OF TRANSCRIPT REDACTION REQUIREMENTS re: Jury Trial held on 11-1-06 before Judge M. Casey Rodgers by Court Reporter Gwen Kesinger A transcript of a court proceeding is available for viewing at the Office of the Clerk of Court in the above-captioned case. This transcript has been filed under seal pending a review pursuant to Judicial Conference Privacy Policies. The parties have five (5) days to file with the clerk a Notice of Intent to Request Redaction of this transcript. If no notice is filed by the deadline, the attorney will be deemed to have certified that no redactions are needed. Any party needing to purchase a copy of the transcript to review for redaction purposes may purchase it from the court reporter. Applicable deadlines under 11th Cir. R. 12-1 will be calculated from the date of this notice.. Notice of Intent to Request Redaction due by 2/15/2008. Transcript to be unsealed by 5/13/2008 if no redaction request filed. (gk) (Entered: 02/08/2008)
262 2/8/2008 TRANSCRIPT OF SENTENCING PROCEEDINGS (125 pgs.) and NOTICE TO ATTORNEYS OF TRANSCRIPT REDACTION REQUIREMENTS re: 149 Sentencing,,, held on 1-19-07 before Judge M. Casey Rodgers by Court Reporter Gwen Kesinger A transcript of a court proceeding is available for viewing at the Office of the Clerk of Court in the above-captioned case. This transcript has been filed under seal pending a review pursuant to Judicial Conference Privacy Policies. The parties have five (5) days to file with the clerk a Notice of Intent to Request Redaction of this transcript. If no notice is filed by the deadline, the attorney will be deemed to have certified that no redactions are needed. Any party needing to purchase a copy of the transcript to review for redaction purposes may purchase it from the court reporter. Applicable deadlines under 11th Cir. R. 12-1 will be calculated from the date of this notice.. Notice of Intent to Request Redaction due by 2/15/2008. Transcript to be unsealed by 5/13/2008 if no redaction request filed. (gk) (Entered: 02/08/2008)
263 2/13/2008 TRANSCRIPT OF TRIAL PROCEEDINGS (169 pgs.) and NOTICE TO ATTORNEYS OF TRANSCRIPT REDACTION REQUIREMENTS re: 81 Jury Trial,, held on 11-2-06 before Judge M. Casey Rodgers by Court Reporter Gwen Kesinger A transcript of a court proceeding is available for viewing at the Office of the Clerk of Court in the above-captioned case. This transcript has been filed under seal pending a review pursuant to Judicial Conference Privacy Policies. The parties have five (5) days to file with the clerk a Notice of Intent to Request Redaction of this transcript. If no notice is filed by the deadline, the attorney will be deemed to have certified that no redactions are needed. Any party needing to purchase a copy of the transcript to review for redaction purposes may purchase it from the court reporter. Applicable deadlines under 11th Cir. R. 12-1 will be calculated from the date of this notice.. Notice of Intent to Request Redaction due by 2/21/2008. Transcript to be unsealed by 5/19/2008 if no redaction request filed. (gk) (Additional attachment(s) added on 2/14/2008: # 1 Main Document) (kvg). (Entered: 02/13/2008)
264 2/15/2008 CERTIFICATE OF READINESS re 158 Notice of Appeal filed by KENT E HOVIND and 217 Notice of Appeal filed by JO D HOVIND:Number of Pleadings/Volumes:1 through 263; Number of Transcripts:11; Number of Exhibits:5. USCA #07-10502-B. (kvg) (Entered: 02/15/2008)
265 2/25/2008 USCA Acknowledgment of 264 Certificate of Readiness as to KENT E HOVIND and JO D HOVIND, USCA Appeal #07-10502-BB. (jmd) (Entered: 02/25/2008)
266
267 3/27/2008 MOTION for Discovery Stipulated Motion for Order Allowing Discovery by USA as to KENT E HOVIND, JO D HOVIND. (STINSON, ROBERT) (Entered: 03/27/2008)
268 3/28/2008 ORDER granting 267 Motion for Discovery as to KENT E HOVIND (1), JO D HOVIND (2). Discovery is granted for a period of 90 days. Summary judgment motions must be filed within 14 days following close of discovery. Responses due 15 days thereafter. Signed by District Judge M CASEY RODGERS on 3/28/08. (sps) (Entered: 03/28/2008
269
270 6/5/2008 MOTION to Extend Time For Discovery Combined with Memorandum of Law by USA as to KENT E HOVIND, JO D HOVIND. (STINSON, ROBERT) (Entered: 06/05/2008)
271 6/6/2008 ORDER granting 270 Motion to Extend Time for Discovery as to KENT E HOVIND, JO D HOVIND (1). Signed by District Judge M CASEY RODGERS on 6/6/08. (sps) Modified on 6/6/2008 to add co-deft JO D HOVIND(sps). (Entered: 06/06/2008)
272 8/15/2008 REQUEST for Record on Appeal re: USCA #07-10090-BB as to KENT E HOVIND and JO D HOVIND. (kvg) (Entered: 08/15/2008)
273
274 8/18/2008 AMENDED CERTIFICATE OF READINESS re 158 Notice of Appeal filed by KENT E HOVIND and 217 Notice of Appeal filed by JO D HOVIND: Number of Pleadings/Volumes:5; Number of Transcripts:11; Number of Exhibits:5. USCA #07-10090-BB. (kvg) (Entered: 08/18/2008)
275 8/18/2008 Certified and Transmitted Record on Appeal to US Court of Appeals re 158 Notice of Appeal filed by KENT E HOVIND and 217 Notice of Appeal filed by JO D HOVIND: 5 volumes of pleadings (vol. 5 – sealed doc. nos 3,19,20,76,83,86,88,91,155,220); 11 volumes of transcripts; 5 exhibits (2 boxes – government exhs., 1 envelope – sentencing hearing exhs., 2 sealed PSI’s). USCA #07-10090-BB. (Attachments: # 1 Lined Off Docket) (kvg) (Entered: 08/18/2008)
276 8/25/2008 USCA Acknowledgment of 274 Amended Certificate of Readiness as to KENT E HOVIND and JO D HOVIND. USCA Appeal # 07-10090-BB. (kvg) (Entered: 08/25/2008)
277 8/25/2008 USCA Acknowledgment of 275 Appeal Record Sent to USCA as to KENT E HOVIND and JO D HOVIND. USCA Appeal # 07-10090-BB. (kvg) (Entered: 08/25/2008)
278 9/12/2008 MOTION for Forfeiture of Property Substitute Property by USA as to KENT E HOVIND, JO D HOVIND. (Attachments: # 1 Affidavit Charles Evans, # 2 Text of Proposed Order Forfeiting Substitute Property) (STINSON, ROBERT) (Entered: 09/12/2008)
279 9/16/2008 ORDER re 278 MOTION for Forfeiture of Property filed by USA as to KENT E HOVIND and JO D HOVIND. Any response in opposition to the pending motion for forfeiture to be considered by the undersigned must be filed within fourteen (14) days of the date hereof. Reset Motion and R&R Deadlines/Hearings(Internal deadline for referral to judge if response not filed earlier: 9/30/2008)). Signed by District Judge M CASEY RODGERS on September 16, 2008. (kvg) (Entered: 09/17/2008)
280
281
282
283
284 10/8/2008 ORDER – All interest of defendants Kent E. Hovind and/or Jo D. Hovind in Regions Bank Account #5107101872, in the name of Creation Science Evangelism Ministry, 29 Cummings Road, Pensacola, Florida 32503 opened on or about November 14, 2002, is hereby FORFEITED to the United States in partial substitution of the $430,400.00 forfeiture judgment. The above substitute property is subject to the disposition of any third party claims to said property pursuant to Title 21, United States Code, Section 853. Upon adjudication of all third party interests,the United States shall dispose of all above substitute property in accordance with law re 278 Motion for Forfeiture of Property as to KENT E HOVIND and JO D HOVIND. Signed by District Judge M CASEY RODGERS on October 8, 2008. (kvg) [2 certified copies provided to U.S. Attorney and U.S. Marshall] Modified on 10/9/2008 to state copies provided(kvg). (Entered: 10/08/2008)
285 10/31/2008 MOTION for Leave to File Excess Pages by USA as to KENT E HOVIND, JO D HOVIND. (STINSON, ROBERT) (Entered: 10/31/2008)
286 10/31/2008 MOTION Motion for Summary Judgment by USA as to KENT E HOVIND, JO D HOVIND. (STINSON, ROBERT) (Entered: 10/31/2008)
287 10/31/2008 MOTION to Seal Documents by USA as to KENT E HOVIND, JO D HOVIND. (Large envelope w/sealed documents attached – not scanned.) (sps) (Entered: 10/31/2008)
288 11/4/2008 ORDER granting 285 Motion for Leave to File Excess Pages as to KENT E HOVIND (1), JO D HOVIND (2). Signed by District Judge M CASEY RODGERS on 11/4/08. (sps) (Entered: 11/04/2008)
289 11/4/2008 ORDER granting 287 Motion to Seal Documents as to KENT E HOVIND (1), JO D HOVIND (2). Signed by District Judge M CASEY RODGERS on 11/4/08. [Note: These documents have not been scanned and are placed on file shelf in clerk’s office (in large envelope.] (sps) (Entered: 11/04/2008)
290
291
292
293 11/13/2008 MOTION for Extension of Time to File Response/Reply Unopposed by ERIC HOVIND as to KENT E HOVIND, JO D HOVIND. (ROLLO, MICHAEL) (Entered: 11/13/2008)
294 11/13/2008 MOTION for Extension of Time to File Response/Reply Unopposed by GLEN STOLL as to KENT E HOVIND, JO D HOVIND. (ROLLO, MICHAEL) (Entered: 11/13/2008)
295 11/14/2008 ORDER – GRANTING 293 Motion for Extension of Time to File Response/Reply as to KENT E HOVIND, JO D HOVIND and GRANTING 294 Motion for Extension of Time to File Response/Reply as to KENT E HOVIND, JO D HOVIND. Signed by District Judge M CASEY RODGERS on November 14, 2008. (kvg) (Entered: 11/14/2008)
296 12/1/2008 RESPONSE in Opposition by ERIC HOVIND as to KENT E HOVIND, JO D HOVIND re 286 MOTION Motion for Summary Judgment Combined, with Claimant Glen Stoll, (ROLLO, MICHAEL) (Entered: 12/01/2008)
297 12/3/2008 MOTION for Leave to File Reply to Claimants’ Response to Motion for Summary Judgment by USA as to KENT E HOVIND, JO D HOVIND. (STINSON, ROBERT) (Entered: 12/03/2008)
298 12/3/2008 Amended MOTION for Leave to File Reply to Claimants’ Response to Government’s Motion for Summary Judgment by USA as to KENT E HOVIND, JO D HOVIND. (STINSON, ROBERT) (Entered: 12/03/2008)
299 12/4/2008 RESPONSE in Opposition by ERIC HOVIND as to KENT E HOVIND, JO D HOVIND re 298 MOTION for Leave to File (Combined Claimants’ Response) (ROLLO, MICHAEL) (Entered: 12/04/2008)
300 12/4/2008 ORDER granting 298 Amended Motion for Leave to File a Reply to Claimant’s Response to Government’s Motion for Summary Judgment as to KENT E HOVIND (1), JO D HOVIND (2). The reply shall be limited to 10 pages. Signed by District Judge M CASEY RODGERS on 12/4/08. (sps) (Entered: 12/05/2008)
301 12/8/2008 NOTICE of Filing Affidavits in Support of Claimants Response in Opposition to Government’s Motion for Summary Judgment (Claimants Eric Hovind and Glen Stoll’s combined Notice) by ERIC HOVIND as to KENT E HOVIND, JO D HOVIND (Attachments: # 1 Affidavit Eric Hovind, owner of 23 Cummings Rd., # 2 Affidavit Kent Hovind, Evangelist, Minister, # 3 Affidavit Eric Hovind, Evangelist for CSE, # 4 Affidavit Affidavit of Glen Stoll, Trustee) (ROLLO, MICHAEL) (Entered: 12/08/2008)
302 1/2/2009 REPLY TO RESPONSE to Motion by USA as to KENT E HOVIND, JO D HOVIND re 286 MOTION Motion for Summary Judgment, 299 Response in Opposition (STINSON, ROBERT) (Entered: 01/02/2009)
303 1/2/2009 MOTION to Seal Documents by USA as to KENT E HOVIND, JO D HOVIND. [Exhibit A attached to motion, not scanned.] (sps) (Entered: 01/02/2009)
304 1/5/2009 ORDER granting 303 Motion to Seal Documents as to KENT E HOVIND (1), JO D HOVIND (2). Signed by District Judge M CASEY RODGERS on 1/5/09. (sps) (Entered: 01/05/2009)
305 1/5/2009 Sealed Document (sps) (Entered: 01/05/2009)
306
307 1/6/2009 MOTION for Leave to File Claimants’ combined Motion to Amend / Correct Objections to Government’s Motion for Summary Judgment, Unopposed; Claimants’ combined Motion for Leave to File Response to Government’s Reply…, Unopposed by ERIC HOVIND as to KENT E HOVIND, JO D HOVIND. (ROLLO, MICHAEL) (Entered: 01/06/2009)
308 1/7/2009 ORDER granting 307 Claimants’ Unopposed Motion for Leave to Amend/Correct as to KENT E HOVIND (1), JO D HOVIND (2). Signed by District Judge M CASEY RODGERS on 1/7/09. (sps) (Entered: 01/07/2009
309
310
311
312
313
314
315 2/6/2009 RESPONSE by ERIC HOVIND as to KENT E HOVIND, JO D HOVIND Claimant’s Combined, RESPONSE to Motion by ERIC HOVIND as to KENT E HOVIND, JO D HOVIND re 286 MOTION Motion for Summary Judgment, RESPONSE in Opposition by ERIC HOVIND as to KENT E HOVIND, JO D HOVIND Corrected (ROLLO, MICHAEL) (Entered: 02/06/2009)
316 2/7/2009 RESPONSE by ERIC HOVIND as to KENT E HOVIND, JO D HOVIND CLAIMANTS COMBINED RESPONSE TO GOVERNMENTS REPLY TO CLAIMANTS OBJECTIONS TO GOVERNMENTS MOTION FOR SUMMARY JUDGMENT (ROLLO, MICHAEL) (Entered: 02/07/2009)
317 3/12/2009 Appeal Record Returned re 158 Notice of Appeal filed by KENT E HOVIND and 217 Notice of Appeal filed by JO D HOVIND: 5 volumes of pleadings (vol. 5 – sealed doc. nos 3,19,20,76,83,86,88,91,155,220); 11 volumes of transcripts; 5 exhibits (2 boxes – government exhs., 1 envelope – sentencing hearing exhs., 2 sealed PSI’s). USCA #07-10090-BB. (kvg) (Entered: 03/12/2009)
318 3/12/2009 MANDATE of USCA – AFFIRMING U.S. District Court’s decision re 158 Notice of Appeal filed by KENT E HOVIND and 217 Notice of Appeal filed by JO D HOVIND. USCA #07-10090-BB. (kvg) (Entered: 03/12/2009)
319 5/26/2009 ORDER as to KENT E HOVIND, JO D HOVIND – Within five (5) days of the date hereof,the govt shall file a written report detailing how notice was made of its intent to dispose of property subject to the order(s) of forfeiture in this action. Set Deadlines( Miscellaneous Deadline – by 6/2/2009.) Signed by District Judge M CASEY RODGERS on 5/26/09. (sps) (Entered: 05/26/2009)
320 5/29/2009 RESPONSE by USA as to KENT E HOVIND, JO D HOVIND (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (STINSON, ROBERT) (Entered: 05/29/2009)
321 6/4/2009 ORDER as to KENT E HOVIND, JO D HOVIND re 286 Motion for Summary Judgment filed by USA, 320 Response filed by USA and Responses 315 & 316 filed by ERIC HOVIND and GLENN STOLL. No later than June 10, 2009, claimaint shall file a notice indicating where in the extensive record their separate statement of disputed facts can be found or they shall file a statement of disputed facts that fully complies with Local Rule 56.1. Set Deadlines( (Internal deadline for referral to judge if response not filed earlier: 6/10/2009).) Signed by District Judge M CASEY RODGERS on 6/4/09. (sps) (Entered: 06/04/2009)
322 6/11/2009 RESPONSE by ERIC HOVIND as to KENT E HOVIND, JO D HOVIND Claimant’s combined response to Court’s Order of June 04, 2009 (ROLLO, MICHAEL) (Entered: 06/11/2009)
323
324
325 7/29/2009 ORDER as to KENT E HOVIND, JO D HOVIND re 286 MOTION Motion for Summary Judgment filed by USA is GRANTED IN PART and DENIED IN PART; and, Third-party claimant Glenn Stoll’s Objection to Notice of Forfeiture and Petition for Hearing 230 is DISMISSED for lack of standing. Signed by District Judge M CASEY RODGERS on 7/29/09. (sps) (Entered: 07/30/2009)
326
327
328
329 9/14/2009 ORDER (of Deficiency) as to KENT E HOVIND re: Dft’s Expedited Motion to Stay Proceedings Pending Judicial Determination in a Related Matter. Signed by District Judge M CASEY RODGERS on 9/14/09. (sps) (Entered: 09/14/2009)
330 9/14/2009 FT’s EXPEDITED MOTION to Stay Proceedings Pending Judicial Determination in a Related Matter by KENT E HOVIND (pro se). (sps) (Entered: 09/14/2009)
331 9/14/2009 ORDER denying 330 Motion to Stay as to KENT E HOVIND (1). Signed by District Judge M CASEY RODGERS on 9/14/09. [cc: Dft] (sps) (Entered: 09/14/2009)
332 9/15/2009 WITHDRAWAL OF 106 LIS PENDENS (certified copy to USA) as to KENT E HOVIND, JO D HOVIND (STINSON, ROBERT) (Entered: 09/15/2009)
333 11/9/2009 US SUPREME COURT ORDER denying petition for writ of certiorari re re 158 Notice of Appeal filed by KENT E HOVIND. USCA #07-10090-BB. (kvg) (Entered: 11/09/2009)
334 3/19/2010 MOTION to Dismiss under F.R.C.P. Rule 60(b)(4) by KENT E HOVIND. (jrm) (Entered: 03/23/2010)
335 3/19/2010 SECOND MOTION to Dismiss under F.R.C.P. Rule 60(b)(4) by KENT E HOVIND. (jrm) (Entered: 03/23/2010)
336 3/22/2010 THIRD MOTION to Dismiss under F.R.C.P. Rule 60(b)(4) by KENT E HOVIND. (jrm) (Entered: 03/23/2010)
337 3/22/2010 FOURTH MOTION to Dismiss under F.R.C.P. Rule 60(b)(4) by KENT E HOVIND. (jrm) (Entered: 03/23/2010)
338 3/22/2010 FIFTH MOTION to Dismiss under F.R.C.P. Rule 60(b)(4) by KENT E HOVIND. (jrm) (Entered: 03/23/2010)
339 3/25/2010 NOTICE GOVERNMENT’S NOTICE TO STOP NOTICE OF ELECTRONIC FILING by USA as to KENT E HOVIND, JO D HOVIND (DAVIES, ROBERT) (Entered: 03/25/2010)
340 3/29/2010 MEMORANDUM in Support by KENT E HOVIND re 336 THIRD MOTION to Dismiss (jrm) (Entered: 03/30/2010)
341 3/30/2010 RESPONSE in Opposition by USA as to KENT E HOVIND re 335 MOTION to Dismiss, 337 MOTION to Dismiss, 334 MOTION to Dismiss, 338 MOTION to Dismiss, 336 MOTION to Dismiss (Attachments: # 1 329 Fed. Appx. 853, 2008, # 2 188 Fed. Appx. 926, 2006, # 3 224 Fed. Appx. 939, 2007) (SWAIM, THOMAS) (Entered: 03/30/2010)
342 3/31/2010 ORDER denying 334 Motion to Dismiss as to KENT E HOVIND (1). Signed by District Judge M CASEY RODGERS on 3/31/10. (sps) (Entered: 04/01/2010)
343 3/31/2010 ORDER denying 335 Second Motion to Dismiss as to KENT E HOVIND (1). Signed by District Judge M CASEY RODGERS on 3/31/10. (sps) (Entered: 04/01/2010)
344 3/31/2010 ORDER denying 336 Third Motion to Dismiss as to KENT E HOVIND (1). Signed by District Judge M CASEY RODGERS on 3/31/2010. (sps) (Entered: 04/01/2010)
345 3/31/2010 ORDER denying 337 Fourth Motion to Dismiss as to KENT E HOVIND (1). Signed by District Judge M CASEY RODGERS on 3/31/2010. (sps) (Entered: 04/01/2010)
346 3/31/2010 ORDER denying 338 Fifth Motion to Dismiss as to KENT E HOVIND (1). Signed by District Judge M CASEY RODGERS on 3/31/2010. (sps) (Entered: 04/01/2010)
347 4/7/2010 Letter from Courtroom Deputy Clerk returning Defendant’s exhibit from the Sentencing held January 19, 2007 as to KENT E HOVIND. (kvg) (Entered: 04/07/2010)
348 4/8/2010 Letter from Courtroom Deputy Clerk returning Government’s exhibits from the Sentencing held January 19, 2007 and Jury Trial as to KENT E HOVIND and JO D HOVIND. (kvg) (Entered: 04/08/2010)
349 4/15/2010 MOTION for Reconsideration re 342 Order on First Motion to Dismiss, 343 Order on Second Motion to Dismiss, 344 Order on Third Motion to Dismiss, 345 Order on Fourth Motion to Dismiss, and 346 Order on Fifthe Motion to Dismiss by KENT E HOVIND. (sps) (Entered: 04/16/2010)
350 4/16/2010 ORDER denying 349 Motion for Reconsideration as to KENT E HOVIND (1). Signed by District Judge M CASEY RODGERS on April 16, 2010. (jrm) (Entered: 04/19/2010)
351 5/14/2010 MOTION to Dismiss Under Independent Action by KENT E HOVIND pro se. (sps) (Entered: 05/20/2010)
352 5/21/2010 ORDER denying 351 Motion to Dismiss Under Independent Action as to KENT E HOVIND (1). Signed by District Judge M CASEY RODGERS on May 21, 2010. (jrm) (Entered: 05/21/2010)
353 5/27/2010 MOTION to Stay of Criminal Forfeiture re 284 Order – All interest of defendants Kent E. Hovind and/or Jo D. Hovind in Regions Bank Account #5107101872, in the name of Creation Science Evangelism Ministry, 29 Cummings Road, Pensacola, Florida 32503 opened on or about November 14, 2002, is hereby FORFEITED to the United States in partial substitution of the $430,400.00 forfeiture judgment. The above substitute property is subject to the disposition of any third party claims to said property pursuant to Title 21, United States Code, Section 853. Upon adjudication of all third party interests,the United States shall dispose of all above substitute property in accordance with law re 278 Motion for Forfeiture of Property as to KENT E HOVIND and JO D HOVIND by KENT E HOVIND. (jrm) (Entered: 05/28/2010)
354 6/3/2010 RESPONSE in Opposition by USA as to KENT E HOVIND, JO D HOVIND re 353 MOTION to Stay re 284 Order on Motion for Forfeiture of Property,,, MOTION to Stay re 284 Order on Motion for Forfeiture of Property,,, MOTION to Stay re 284 Order on Motion for Forfeiture of Property,,, MOTION to Stay re 284 Order on Motion for Forfeiture of Property,,, (STINSON, ROBERT) (Entered: 06/03/2010)
355 6/4/2010 ORDER denying 353 Motion for Stay of Criminal Forfeiture as to KENT E HOVIND (1). Signed by District Judge M CASEY RODGERS on 6/4/2010. (sps) (Entered: 06/07/2010)
356 6/11/2010 ORDER OF USCA as to KENT E HOVIND denying leave to appeal IFP in regard to Petition for Writ of Mandamus (filed directly with USCA), USCA #10-12243-C. (jmd) (Entered: 06/17/2010)
357 6/30/2010 MANDATE of USCA (certified copy) as to KENT E HOVIND. Petition Writ of Mandamus (filed directly with USCA) is DISMISSED, USCA Appeal #10-12243-C. (jmd) (Entered: 07/01/2010)
358 7/20/2010 USCA ORDER as to KENT E HOVIND. Petition for Writ of Mandamus is DENIED, USCA Appeal #10-12243-C. (jmd) (Entered: 07/20/2010)
359 7/30/2010 Second MOTION to Dismiss Under Independent Action Under FRCP 60(b) by KENT E HOVIND. (sps) (Entered: 08/05/2010)
360 8/5/2010 ORDER denying 359 Motion to Dismiss Under Independent Action Under FRCP 60(b) as to KENT E HOVIND (1). Signed by District Judge M CASEY RODGERS on 8/5/2010. (sps) (Entered: 08/06/2010)
361 11/29/2010 MOTION to Vacate, Set Aside or Correct a Sentence under 28 U.S.C. 2255 by KENT E HOVIND. (kvg) Civil case 3:10-cv-00487-MCR opened. (Entered: 11/30/2010)
362 12/1/2010 MEMORANDUM in Support of 361 MOTION to Vacate under 28 U.S.C. 2255 by KENT E HOVIND. (kvg) (Entered: 12/01/2010)
363 12/3/2010 ORDER as to KENT E HOVIND. Within (28) DAYS from the date of docketing of this order, dft shall file an amended § 2255 motion on the court form, which form the clerk shall provide. Dft shall also submit one identical service copy of the amended motion, including any memorandum. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on December 3, 2010. (Amended Motion due 1/3/2011)(form mailed to dft). (kvg) (Entered: 12/03/2010)
364 12/13/2010 AMENDED MOTION to Vacate under 28 U.S.C. 2255 by KENT E HOVIND. (one service copy provided) (kvg) (Entered: 12/13/2010)
365 12/13/2010 MEMORANDUM in Support of 364 AMENDED MOTION to Vacate under 28 U.S.C. 2255 by KENT E HOVIND. (one service copy provided) (kvg) (Entered: 12/13/2010)
366 12/14/2010 ORDER as to KENT E HOVIND. The clerk of this court is directed to furnish a copy of this order and of the amended motion to vacate, set aside, or correct sentence, and the memorandum in support, to the Office of the United States Attorney for this district, which office shall have (60) DAYS from the date this order is entered on the docket in which to show cause, if any, why the relief requested should not be granted. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on December 14, 2010. (Show Cause Response due by 2/14/2011)(copy of order,amended motion and memo provided to USAO)(order mailed to pet) (kvg) (Entered: 12/14/2010)
367 12/15/2010 DEFENDANT’S MOTION FOR STAY OF CRIMINAL FORFEITURE by KENT E HOVIND. (kvg) (Entered: 12/16/2010
368 12/16/2010 DEFENDANT’S MOTION FOR RELEASE ON BOND by KENT E HOVIND. (kvg) (Entered: 12/16/2010)
369
370 12/21/2010 RESPONSE to Motion by USA as to KENT E HOVIND re 368 MOTION for Release from Custody (HESS, NANCY) (Entered: 12/21/2010)
371 12/28/2010 RESPONSE in Opposition by USA as to KENT E HOVIND re 367 MOTION to Stay re 366 Order, Set Deadlines/Hearings,,,, (STINSON, ROBERT) (Entered: 12/28/2010)
372 12/30/2010 DEFENDANT’S RESPONSE TO GOVERNMENT’S 370 RESPONSE TO DEFENDANT’S MOTION FOR RELEASE ON BOND by KENT E HOVIND. (kvg) (Entered: 12/30/2010)
373 1/3/2011 ORDER, REPORT AND RECOMMENDATION as to KENT E HOVIND. ORDERED that dft is GRANTED leave of court to file a 372 reply to 370 and 371 gvt’s responses. RECOMMENDED that dft’s 367 motion for stay of criminal forfeiture and 368 motion for immediate release on bond be DENIED. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on January 3, 2011. (Internal deadline for referral to district judge if objections are not filed earlier: 1/31/2011)(order mailed to pet) (kvg) (Entered: 01/03/2011)
374 1/3/2011 MOTION (titled “Defendant in Error Petition to Unseal and Read all Grand Jury Information”) by KENT E HOVIND. (kvg) (Entered: 01/03/2011)
375 1/3/2011 MOTION to Amend 372 Defendant’s Response to Government’s Response to Defendant’s Motion for Release on Bond filed by KENT E HOVIND by KENT E HOVIND. (kvg) (Entered: 01/03/201
376 1/5/2011 REPLY (titled “Defendant’s Response to Government’s Opposition for Stay of Criminal Forfeiture”) TO 371 RESPONSE to 367 Motion for Stay by KENT E HOVIND. (kvg) (Entered: 01/05/2011)
377 1/5/2011 MOTION (titled “Petition for Production of Specific Brady Materials”) by KENT E HOVIND. (kvg) (Entered: 01/05/2011)
378 1/11/2011 ORDER DENYING 375 MOTION to Amend Defendant’s [Reply] to Government’s Response to Defendant’s Motion to Release on Bond as to KENT E HOVIND. The gvt shall respond to 374 Defendant-in-Error Petition to Unseal and Read All Grand Jury Information and 377 Petition for Production of Specific Brady Material either in its response to dft’s pending §2255 motion or by separate response filed earlier. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on January 11, 2011. (Internal deadline for referral to judge if response not filed earlier: 2/14/2011)). (kvg) (Entered: 01/11/2011)
379 1/12/2011 DEFENDANT’S OBJECTION TO THE PROPOSED 373 FINDINGS AND RECOMMENDATIONS by KENT E HOVIND. (kvg) (Entered: 01/12/2011)
380 1/13/2011 ORDER ADOPTING 373 REPORT AND RECOMMENDATION as to KENT E HOVIND. Dft’s 367 motion for stay of criminal forfeiture and 368 motion for immediate release on bond are DENIED. Signed by District Judge M CASEY RODGERS on January 13, 2011. (kvg) (Entered: 01/14/2011)
381 1/24/2011 Mail Returned as Undeliverable. Mail sent to KENT E HOVIND Re: 378 ORDER. (“Forwarding Order Expired”)( 378 re-mailed to dft at Jesup, GA address). (kvg) (Entered: 01/24/2011)
382 1/24/2011 Mail Returned as Undeliverable. Mail sent to KENT E HOVIND Re: 380 ORDER ADOPTING 373 REPORT AND RECOMMENDATION.(“Forwarding Order Expired”)( 380 re-mailed to dft at Jesup, GA address). (kvg) (Additional attachment(s) added on 1/24/2011: # 1 Return) (kvg). (Entered: 01/24/2011)
383 2/3/2011 MOTION for Reconsideration of 380 Order Adopting Report and Recommendation by KENT E HOVIND. (kvg) (Entered: 02/03/2011)
384 2/3/2011 ORDER DENYING 383 Motion for Reconsideration filed by KENT E HOVIND. Signed by District Judge M CASEY RODGERS on February 3, 2011. (kvg) (Entered: 02/04/2011)
385 2/14/2011 RESPONSE (titled “Government’s Consolidated Motion to Dismiss and Responses to Defendant’s Motion for Disclosure of Grand Jury Information and Production of Brady Material”) by USA as to KENT E HOVIND re 365 Memorandum in Support, 364 MOTION to Vacate under 28 U.S.C. 2255, 377 MOTION to Produce, 374 MOTION (Attachments: # 1 Opinion – 305 Fed.Appx. 615) (HESS, NANCY) Modified on 3/2/2011 to clarify docket text(kvg). (Entered: 02/14/2011)
386 2/16/2011 ORDER as to KENT E HOVIND. Dft shall have (30) DAYS from the date this order is entered on the docket in which to file a reply to the Gvt’s response. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on February 16, 2011. (Reply due 3/18/2011). (kvg) (Entered: 02/16/2011)
387 3/2/2011 MOTION FOR EXTENSION OF TIME TO FILE § 2255 and APPOINTMENT OF COUNSEL by KENT E HOVIND. (kvg) (Entered: 03/02/2011)
388 3/2/2011 REPLY (titled “Defendant-in-Error’s Response and Objections to the Government’s Consolidated Motion to Dismiss”) by KENT E HOVIND re 385 Response to 364 Amended MOTION to Vacate under 28 U.S.C. 2255. (kvg) (Entered: 03/02/2011)
389 3/2/2011 DEFENDANT-IN-ERROR’S MOTION TO DISMISS THE INDICTMENT by KENT E HOVIND. (kvg) (Entered: 03/02/2011)
390 3/4/2011 ORDER as to KENT E HOVIND. 1. Defendants motion for extension of time to file a motion to vacate pursuant to § 2255 and for appointment of counsel (Doc. 387 ) is DENIED. 2. The Government shall have fourteen (14) days from the date of this order in which to file a response in opposition to Defendants motion to dismiss the indictment (Doc. 389 ). Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 3/4/2011. (Internal deadline for referral to judge if response not filed earlier: 3/22/2011).) (djb) (Entered: 03/04/2011)
391 3/7/2011 ADDENDUM TO DEFENDANT IN ERROR’S MOTION TO DISMISS THE INDICTMENT by KENT E HOVIND re 389 DEFENDANT-IN-ERROR’S MOTION TO DISMISS THE INDICTMENT. (jmd) (Entered: 03/07/2011)
392 3/10/2011 ADDENDUM TO 388 DEFENDANT-IN-ERROR’S RESPONSE AND OBJECTIONS TO THE GOVERNMENT’S CONSOLIDATED MOTION TO DISMISS by KENT E HOVIND. (kvg) (Entered: 03/10/2011)
393 3/14/2011 RESPONSE to Motion by USA as to KENT E HOVIND re 389 MOTION to Dismiss (HESS, NANCY) (Entered: 03/14/2011)
394
395
396 4/12/2011 ORDER of Deficiency as to KENT E HOVIND. The document (“Defendant’s Response to Government’s Response to Defendant Kent Hovind’s Motion to Dismiss Indictment”) shall be returned to Defendant by the Clerk without electronic filing. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on April 12, 2011. (document returned) (kvg) (Entered: 04/12/2011)
397 4/13/2011 REPORT AND RECOMMENDATION as to KENT E HOVIND. The Gvt’s 385 motion to dismiss be GRANTED; Dft’s 374 Motion to Read all Grand Jury information be DENIED. Dft’s 377 Motion to Produce Brady Materials be DENIED. Dft’s 389 Motion to Dismiss the Indictment be DENIED. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on April 13, 2011. (Internal deadline for referral to district judge if objections are not filed earlier: 5/11/2011. (kvg) (Entered: 04/13/2011)
398
399 4/18/2011 MOTION to Vacate by KENT E HOVIND. (sps) (Entered: 04/20/2011)
400 4/22/2011 DEFENDANT’S RESPONSE AND OBJECTIONS TO THE MAGISTRATE’S 397 REPORT AND RECOMMENDATIONS by KENT E HOVIND. (kvg) (Entered: 04/22/2011)
401 5/2/2011 ORDER ADOPTING 397 REPORT AND RECOMMENDATION as to KENT E HOVIND. The Gvt’s 385 motion to dismiss is GRANTED. Dft’s 374 Motion to Read all Grand Jury information is DENIED. Dft’s 377 Motion to Produce Brady Materials is DENIED. Dft’s 389 Motion to Dismiss the Indictment is DENIED. Signed by District Judge M CASEY RODGERS on May 2, 2011. (kvg) (Entered: 05/02/2011)
402 5/2/2011 REPORT AND RECOMMENDATION as to KENT E HOVIND. Dft’s 399 “motion to vacate” be DENIED. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on May 2, 2011. (Internal deadline for referral to district judge if objections are not filed earlier: 5/31/2011) (kvg) (Entered: 05/02/2011)
403 5/2/2011 DEFENDANT’S RESPONSE TO THE MAGISTRATE’S 396 Order by KENT E HOVIND. (kvg) (Entered: 05/03/2011)
404 5/2/2011 DEFENDANT’S REPLY (titled “Response”) TO GOVERNMENT’S 393 RESPONSE TO DEFENDANT KENT HOVIND’S 389 MOTION TO DISMISS INDICTMENT. (kvg) (Entered: 05/03/2011)
405 5/2/2011 NOTICE OF APPEAL by KENT E HOVIND re 401 Order Adopting Report and Recommendation. No filing fee paid. (jmd) (Entered: 05/13/2011)
406 5/12/2011 Appeal Instructions as to KENT E HOVIND re: 405 Notice of Appeal. The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf ** PLEASE NOTE ** Separate forms must be filed for each court reporter. Transcript Order Form due by 5/26/2011. (jmd) (Entered: 05/13/2011)
407 5/13/2011 Transmission of Notice of Appeal and Docket Sheet as to KENT E HOVIND to US Court of Appeals re 405 Notice of Appeal. [cc: Defendnant] (jmd) (Entered: 05/13/2011)
408 5/20/2011 USCA Case Number 11-12243-C for 405 NOTICE OF APPEAL by KENT E HOVIND re 401 Order Adopting Report and Recommendation. (jmd) (Entered: 05/20/2011)
409 5/20/2011 USCA PROCEDURAL LETTER re: 405 NOTICE OF APPEAL by KENT E HOVIND re 401 Order Adopting Report and Recommendation, Appeal #11-12243-C. (jmd) (Entered: 05/20/2011)
410 5/23/2011 USCA ORDER as to KENT E HOVIND. Petition for Writ of Mandamus is DENIED, USCA Appeal #11-11764-C. (jmd) (Entered: 05/23/2011)
411 5/23/2011 Fee Paid: Appeal filing fee $455.00, receipt number FLN300005141, as to KENT E HOVIND. USCA advised via e-mail, USCA Appeal #11-12243-C. (jmd) (Entered: 05/24/2011)
412 5/23/2011 NOTICE titled DESIGNATION OF ITEMS TO BE INCLUDED IN RECORD FOR APPEAL AND STATEMENT OF ISSUES TO BE CONSIDERED BY THE COURT DURING APPEAL by KENT E HOVIND. (jmd) Modified on 5/27/2011 to correct filing date(jmd). (Entered: 05/24/2011)
413
414 6/1/2011 DEFENDANT’S RESPONSE AND OBJECTIONS TO THE MAGISTRATE’S 402 REPORT AND RECOMMENDATIONS by KENT E HOVIND. (kvg) (Additional attachment(s) added on 6/1/2011: # 1 Objections) (kvg). (Entered: 06/01/2011)
415 6/8/2011 ORDER of Deficiency as to KENT E HOVIND. The document (“Amicus Brief”) shall be returned to Paul John Hansen by the clerk of the court without electronic filing. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on June 8, 2011. (document returned to Paul John Hansen, 1548 N 19th St, Omaha, NE 68110) (kvg) (Entered: 06/08/2011)
416 6/10/2011 ORDER adopting 402 Report and Recommendation as to KENT E HOVIND. Dft’s 399 “motion to vacate” is DENIED. Signed by District Judge M CASEY RODGERS on June 10, 2011. (kvg) (Entered: 06/10/2011)
417 6/2/2011 SUPPLEMENTAL REQUEST FOR DOCUMENTS by KENT E HOVIND. [cc USCA via e-mail, USCA Appeal #11-12243-C] (jmd) (Entered: 06/15/2011)
418 6/17/2011 MOTION TO POSTPONE by KENT E HOVIND. (jmd) (Entered: 06/22/2011)
419 6/22/2011 ORDER of USCA as to KENT E HOVIND re 405 Notice of Appeal. Appellant’s Request for Emergency Stay and Release on Bond is DENIED, USCA Appeal #11-12243-C. (jmd) (Entered: 06/22/2011)
420 6/24/2011 NOTICE OF APPEAL (2255 Motion) by KENT E HOVIND re 416 Order Adopting Report and Recommendation. (jmd) (Entered: 06/24/2011)
421 6/24/2011 Transmission of Notice of Appeal and Docket Sheet as to KENT E HOVIND to US Court of Appeals re 420 Notice of Appeal – 2255 Motion. (jmd) (Entered: 06/24/2011)
422 6/24/2011 Appeal Instructions as to KENT E HOVIND re: 420 Notice of Appeal – 2255 Motion. The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf ** PLEASE NOTE ** Separate forms must be filed for each court reporter. Transcript Order Form due by 7/8/2011. (jmd) (Entered: 06/28/2011)
423 6/29/2011 ORDER as to KENT E HOVIND. The 418 MOTION TO POSTPONE is DENIED as moot. The district court entered an order adopting this courts recommendation and denied Defendant’s motion to vacate on June 10, 2011 (doc. 416 ). Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 6/29/2011. (djb) (cc to USCA via email) (Entered: 06/29/2011)
424 6/30/2011 USCA Case Number 11-12912-C for 420 NOTICE OF APPEAL (2255 Motion) by KENT E HOVIND. (jmd) (Entered: 06/30/2011)
425 6/30/2011 USCA PROCEDURAL LETTER re: 420 NOTICE OF APPEAL (2255 Motion) by KENT E HOVIND, USCA Appeal #11-12912-C. (jmd) (Entered: 06/30/2011)
426 7/11/2011 Mail Returned as Undeliverable. Mail sent to KENT E HOVIND Re: 423 ORDER. (“Return to Sender,” “Refused,” “Unable to Forward”)( 423 forwarded to USP Florence Admax, US Penitentiary, PO Box 8500, Florence, CO 81226 from FBOP site) (kvg) (Entered: 07/12/2011)
427 7/13/2011 NOTICE of Filing by USA as to KENT E HOVIND, JO D HOVIND (Attachments: # 1 Exhibit Partial Release of Lien) (STINSON, ROBERT) (Entered: 07/13/2011)
428 7/25/2011 USCA PROCEDURAL LETTER re: 420 NOTICE OF APPEAL (2255 Motion) by KENT E HOVIND. USCA Appeal # 11-12912-C. (kvg) (Entered: 07/25/2011)
429 6/24/2011 MOTION for Certificate of Appealability ( 420 Notice of Appeal construed as Motion for Certificate of Appealability) by KENT E HOVIND. (jmd) (Entered: 07/28/2011)
430 7/28/2011 MOTION TO EXPAND TIME TO FILE §2255 by KENT E HOVIND re: 399 Motion to Vacate. (kvg) (Entered: 07/29/2011)
431 8/1/2011 ORDER DENYING AS MOOT 430 Motion to Expand Time to File § 2255 as to KENT E HOVIND. The district court denied Dft’s motion to vacate on June 10, 2011 (doc. 416 ). Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on August 1, 2011. (kvg) (Entered: 08/01/2011)
432 8/1/2011 Fee Paid: Appeal filing fee $455.00, receipt number FLN300005319 as to KENT E HOVIND, USCA Appeal #11-12912-C. [USCA advised via e-mail] (jmd) (Entered: 08/01/2011)
433 8/3/2011 REQUEST for Ruling on 429 Motion for Certificate of Appealability as to KENT HOVIND. USCA Appeal #11-12912-C. (kvg) (Entered: 08/04/2011)
434
435 8/5/2011 ORDER as to KENT E HOVIND. Defendant’s 429 MOTION for Certificate of Appealability is DENIED, and no certificate shall issue. No motion for leave to proceed in forma pauperis has been filed. The defendant has not shown that the appeal is taken in good faith or that he is otherwise entitled to so proceed on appeal. He shall pay the $455.00 filing fee within thirty days. Signed by CHIEF JUDGE M CASEY RODGERS on 8/5/2011. (djb) (Entered: 08/05/2011)
436
437 8/8/2011 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: 420 Notice of Appeal – 2255 Motion as to KENT E HOVIND, Appeal No. 11-12912-C. The entire record on appeal is available electronically. (kvg) (Entered: 08/08/2011)
438 8/8/2011 Mail Returned as Undeliverable. Mail sent to KENT E HOVIND Re: 431 Order. (“Return to Sender,” “Refused,” “Unable to Forward”) ( 431 Order re-mailed to dft at USP Florence Admax, US Penitentiary, PO Box 8500, Florence, CO 81226 from FBOP site) (kvg) (Entered: 08/08/2011)
439
440 8/9/2011 USCA PROCEDURAL LETTER re: 420 NOTICE OF APPEAL (2255 Motion) by KENT E HOVIND. USCA Appeal # 11-12912-C. (kvg) (Entered: 08/09/2011)
441 8/15/2011 MOTION for Certificate of Appealability by KENT E HOVIND. (jmd) (Entered: 08/17/2011)
442 8/15/2011 Mail Returned as Undeliverable. Mail sent to KENT E HOVIND Re: 435 ORDER as to KENT E HOVIND. (“Return to Sender,” “Refused,” “Unable to Forward”) (Order re-mailed to dft at USP Florence Admax, US Penitentiary, PO Box 8500, Flore nce, CO 81226 from FBOP site) (jmd) (Entered: 08/17/2011)
443 8/22/2011 NOTICE of Change of Address by KENT E HOVIND. New address: Federal Prison Camp, Box 5000, Florence, CO 81226. (jmd) (Entered: 08/22/2011)
444 8/22/2011 ORDER denying as moot 441 Motion for Certificate of Appealability as to KENT E HOVIND (1); see document 435 . Signed by CHIEF JUDGE M CASEY RODGERS on 8/22/2011. (mjm) Copy mailed to Deft Hovind at Florence, CO address on 8/23/11. (Entered: 08/22/2011)
445
446 8/22/2011 MOTION TO RECUSE AND DISQUALIFY JUDGE by KENT E HOVIND. (kvg) (Entered: 08/24/2011)
447 8/26/2011 ORDER DENYING 446 Motion to Recuse and Disqualify Judge as to KENT E HOVIND. Signed by CHIEF JUDGE M CASEY RODGERS on August 26, 2011. (kvg) (Entered: 08/26/2011)
448 11/18/2011 MOTION for miscellaneous relief titled as PETITION FOR WRIT OF HABEAS CORPUS by KENT E HOVIND. (Attachments: # 1 Memorandum in support) (jmd) (Entered: 11/22/2011)
449 12/2/2011 ORDER denying 448 Motion/Petition for writ of habeas corpus as to KENT E HOVIND (1). Signed by CHIEF JUDGE M CASEY RODGERS on 12/2/2011. (sps) (Entered: 12/02/2011)
450 12/8/2011 LIMITED REMAND as to KENT E HOVIND re: 405 Notice of Appeal filed by KENT E HOVIND. Reason for remand: for the limited purpose of ruling on COA. Clerk to check status of USCA Appeal #11-12243-C on 12/28/2011. (jmd) (Entered: 12/08/2011)
451 12/13/2011 ORDER as to KENT E HOVIND. Defendant’s request for a certificate of appealability re 405 Notice of Appeal is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 12/13/2011. [cc: USCA via e-mail re: Appeal #11-12243-C] (jmd) (Entered: 12/13/2011)
452 1/3/2012 MANDATE of USCA (certified copy) as to KENT E HOVIND re 420 Notice of Appeal – 2255 Motion. Hovind’s motion for COA is DENIED, USCA Appeal #11-12912-C. (jmd) (Entered: 01/04/2012)
453 2/27/2012 MANDATE of USCA as to KENT E HOVIND re 405 Notice of Appeal. Hovind’s motion for a certificate of appealability is DENIED. Hovind’s motion for appointment of counsel and release pending appeal is DENIED, USCA Appeal #11-12243-C. (jmd) (Entered: 02/27/2012)
454 6/3/2013 (Amended) MOTION to Vacate under 28 U.S.C. 2255 by KENT E HOVIND. Modified on 8/9/2013 – Civil case 3:13cv350 was initially opened in error. Civil case has been deleted because of the successive petition with no ECCA permission (tdg). (Entered: 06/07/2013)
455
456 6/11/2013 REPORT AND RECOMMENDATION as to KENT E HOVIND re 454 MOTION to Vacate under 28 U.S.C. 2255: That motion be Dismissed, as this court does not have jurisdiction to consider a second or successive motion absent leave from the Eleventh Circuit Court of Appeal, and alternatively, that the motion be DENIED and DISMISSED as untimely; That a certificate of appealability be DENIED. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 6/11/13. (mjm) Internal deadline for referral to district judge if objections are not filed earlier: 7/9/2013. R&R flag set. (Entered: 06/11/2013)
457 6/28/2013 Mail Returned as Undeliverable. Mail sent to Kent E. Hovind Re: 456 REPORT AND RECOMMENDATION as to KENT E HOVIND re 454 MOTION to Vacate under 28 U.S.C. 2255. Document resent to new address: Federal Prison Camp, PO Box 9000, Berlin, NH 03570 and updated address in database. (sps) (Entered: 07/01/2013)
458 7/1/2013 MOTION to Amend 454 MOTION to Vacate under 28 U.S.C. 2255 (entitled Fed.R.Civ.P. Rule 15(a) Amendment to 2255 Motion contrued as a motion to amend) filed by KENT E HOVIND (sps) (Entered: 07/02/2013)
459 7/3/2013 ORDER denying as moot 458 Motion to Amend as to KENT E HOVIND (1). Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 7/3/2013. (sps) (Entered: 07/03/2013)
460 7/19/2013 OBJECTION TO REPORT AND RECOMMENDATIONS 456 by KENT E HOVIND (sps) (Entered: 07/22/2013)
461 8/6/2011 ORDER adopting 456 Report and Recommendation as to KENT E HOVIND (1). Defendant’s Amended Motion to Vacate (doc. 454 ) is DISMISSED, as this court does not have jurisdiction to consider a second or successive motion absent leave from the Eleventh Circuit Court of Appeal, and alternatively, the motion is DENIED and DISMISSED as untimely. A certificate of appealability is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on August 6, 2013. (pmc) (Entered: 08/06/2013)
462 8/6/2013 CLERK’S JUDGMENT re 461 Order on Motion to Vacate (2255), as to KENT E HOVIND. (pmc) (Entered: 08/06/2013)
463 8/7/2013 ORDER (of deficiency) as to KENT E HOVIND. The court previously denied petitioner’s request to amend by order entered July 3, 2013. (See doc. 459 ). The submitted hard copy of the document, Amendment to Pending Motion Pursuant to 28 U.S.C. 2255 (received on 8/5/2013), shall be returned by the Clerk without electronic filing. Signed by CHIEF JUDGE M CASEY RODGERS on August 7, 2013. (pmc) (doc returned to defendant) (Entered: 08/07/2013)
464 8/12/2013 ORDER of Deficiency as to KENT E HOVIND. Defendant’s document titled “Motion,” received by the clerk of the court on July 29, 2013, shall be returned without electronic filing. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 8/12/2013. (djb) (Entered: 08/12/2013)
465 8/22/2013 MOTION for Order to Show Cause and for Discharge of Lis Pendens by USA as to KENT E HOVIND. (Attachments: # 1 Exhibit A – Complaint, # 2 Exhibit B – Order, # 3 Exhibit C – Bivens Type Lawsuit, # 4 Exhibit D – Lis Pendens (4), # 5 Exhibit E – Notice Regarding Lis Pendens) (STINSON, ROBERT) (Entered: 08/22/2013)
466 9/3/2013 RESPONSE in Opposition by KENT E HOVIND re 465 MOTION for Order to Show Cause and for Discharge of Lis Pendens (sps) (Entered: 09/04/2013)
467 9/30/2013 ORDER ON MOTION FOR DISCHARGE OF LIENS: granting 465 Plaintiff’s Motion for Discharge of Lis Pendens as to KENT E HOVIND (1). Dft Eric Hovind’s lis pendens are null and void ab initio and have no effect on the rights and titles of the USA in and to the properties. Plaintiff is directed to file this Order in the public records of Escambia County, Floirda. Signed by CHIEF JUDGE M CASEY RODGERS on 9/30/2013. [cc: Dft] (sps) (Entered: 09/30/2013)
468 10/2/2013 AMENDED ORDER ON MOTION FOR DISCHARGE OF LIENS as to KENT E HOVIND – amending 467 Order which contained a scrivener’s error. This order modifies and supercedes that order; however, the only change pertains to the name correction from Eric Hovind to Kent E. Hovind found on the last page at paragraph number 2. Signed by CHIEF JUDGE M CASEY RODGERS on 10/2/13. (mjm) (Modified on 10/2/2013 to reflect copy was mailed to Kent Hovind at Berlin, NH address) (mjm). (Entered: 10/02/2013)
469 10/11/2013 ORDER denying 465 MOTION to KENT E HOVIND for Order to Show Cause why he should not be held in contempt of court filed by USA. Plaintiff is permitted 30 days within which to file a renewed motion to show cause. Reset Deadlines( Renewed Motion due by 11/12/2013.) Signed by CHIEF JUDGE M CASEY RODGERS on 10/11/2013. [cc: Dft] (sps) (Entered: 10/11/2013)
470 11/12/2013 MOTION for Order to Show Cause (Renewed) by USA as to KENT E HOVIND. (STINSON, ROBERT) (Entered: 11/12/2013)
471 11/22/2013 RESPONSE in Opposition by KENT E HOVIND re 470 MOTION for Order to Show Cause (Renewed) (sps) (Entered: 11/22/2013)
472 12/11/2013 NOTICE OF ATTORNEY APPEARANCE TIFFANY HOPE EGGERS appearing for USA. (EGGERS, TIFFANY) (Entered: 12/11/2013)
473 12/11/2013 NOTICE OF ATTORNEY APPEARANCE TIFFANY HOPE EGGERS appearing for USA. AMENDED (EGGERS, TIFFANY) (Entered: 12/11/2013)
474 3/12/2014 [Notice-Other]
475 5/15/2014 [Notice-Change of Address]