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Offy
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« Reply #3 on: October 03, 2008, 06:08:53 AM » |
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The Millers have motioned the Court to delay the Court date and indicate negotiations to a "possible global resolution of this case" :
08/18/2008 19 MOTION to continue Trial Setting by Sally Miller, Stephen S Miller, Chemnutra Inc. Suggestions in opposition/response due by 9/2/2008 unless otherwise directed by the court. (Entered: 08/18/2008)
SUGGESTIONS IN SUPPORT
1. Stephen S. Miller, Sally Qing Miller and Chemnutra, Inc., their wholly owned
company, are charged in a 27 count indictment alleging 26 counts of misdemeanor FDA
violations regarding the distribution of misbranded and/or adulterated food products and a single felony count of conspiracy to commit wire fraud.
2. This Court, on March 12, 2008, filed its Scheduling and Trial Order, after a
March 10, 2008 scheduling conference. That order set this action for trial on the Joint Criminal Jury Trial Docket commencing on November 3, 2008 and a final pretrial conference on October 23, 2008.
3. Voluminous discovery has been provided by the government in both paper and electronic formats and review of that discovery is ongoing. In addition, expert testimony will be presented in this case and preparation of such testimony, and the defense against such testimony from the government, is necessary. In addition, it is anticipated that motions in limine will be filed on a variety of issues unique to the factual circumstances of this case.
4. Furthermore, the parties, in good faith, are continuing to explore a resolution of this complex case short of a jury trial, and additional time is needed in order to discuss and negotiate a possible global resolution of this case.
5. Undersigned counsels suggest that this case be placed on the Joint Criminal Jury
Trial Docket commencing March, 2009.
Once again, the Court grants their motion and the Trial Date moved to March 23 2009:
08/28/2008 20 ORDER granting motion to continue 19 . The case as to defendants Sally Miller (1), Stephen S Miller (2), Chemnutra Inc (3) is continued from 11/3/08 to 3/23/09. Signed by Magistrate Judge John T. Maughmer on 8/28/08. (Entered: 08/28/2008)
(snip)
4. In light of the circumstances set out in the above-quoted portion of the suggestions in support of the motion for continuance, the ends of justice served by removing this criminal action from the joint criminal jury trial docket which will commence November 3, 2008, and granting a continuance outweigh the best interest of the public and the defendant in a speedy trial.
It is therefore,
ORDERED that the motion for continuance of this criminal action filed by defendants on August 18, 2008 (Doc. No. 19), is GRANTED and that this criminal action is removed from the joint criminal jury trial docket which will commence November 3, 2008. It is further
ORDERED that this criminal action is set for trial on the joint criminal jury trial docket which will commence March 23, 2009. It is further
ORDERED that, pursuant to 18 U.S.C. § 3161(h), the time between the date of this Order and March 23, 2009, shall be excluded in computing the time within which the trial of this criminal action must commence.
Here's a challenge to US Consumers: Identify the US customers of ChemNutra who import from China and their products:
09/15/2008 21 MOTION for order authorizing international travel by Stephen S Miller. Suggestions in opposition/response due by 9/30/2008 unless otherwise directed by the court. (Entered: 09/15/2008)
4. Mr. Miller is CEO of Chemnutra, Inc. Chemnutra, Inc. imports ingredients from China to the United States for the feed, food and pharma industries. Chemnutra, Inc. must establish and maintain business relationships with a variety of Chinese manufacturers if Chemnutra is to be successful. Attending trade shows in Asia as well as trips to Chemnutra’s Chinese manufactures falls within the responsibilities of Mr. Miller. Mr. Miller as CEO of Chemnutra, Inc. attends these trade shows to meet with officers and representatives of Chinese companies who manufacture ingredients the company distributes or are considering for future distribution and to identify new product lines. In addition, United States customers of Chemnutra, Inc. will travel to China to meet manufactures and request that a representative of Chemnutra, Inc. accompany them to China.
5. Over the next 45 days, Mr. Miller is requesting permission to travel to internationally for business related reasons. The travel request is as follows:
a. September 24-26, 2008 for a Food Ingredients trade show in Bangkok, Thailand.
b. October 3-4, 2008 for a Food Ingredients trade show in Mumbai, India.
c. October 9-22, 2008 for meetings in China to visit existing suppliers and to facilitate a meeting between Chemnutra’s largest United States customer and the suppliers in China.
6. Due to the extensive travel request, Mr. Miller would request that the Court release his passport to him and that he be able to keep his passport until his return from China on or about October 22, 2008.
7. Previous requests for travel have included specific travel arrangements but due to the multiple travel requests in this motion, Mr. Miller would ask that said specific travel plans be supplied directly to Pretrial Services before each specific travel request.
(snip)
9. Mr. Miller acknowledges that China does not have an extradition agreement with the United States but believes the facts set forth in this motion establish a legitimate reason to travel and provide the court with well grounded reasons that Mr. Miller will return to the United States.
10. Mr. Miller will provide a full itinerary to pretrial services, will call daily if needed, and will promptly return his passport upon return to the United States.
Naturally, the Court again Granted the Miller's request
09/19/2008 22 ORDER granting 21 motion to travel for business as to Stephen S Miller (2). Signed by Magistrate Judge John T. Maughmer on 9/19/08. (Entered: 09/19/2008)
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