U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:03-cr-00717-MGC-ALL

Case title: USA v. Stewart, et al

Other court case number(s): None Magistrate judge case number(s): None

Date Filed: 06/04/03

Docket Date	#	Docket Text
04/20/2004	154	MEMORANDUM in Support by Peter Bacanovic re [153] MOTION Granting an evidentiary hearing to investigate the consideration by the jury of extraneous prejudical information in its deliberations regarding Mr. Bacanovic. MOTION for New Trial pursuant to Federal Rule of Criminal Procedure 33.(jw, ) (Entered: 04/20/2004)
04/20/2004	153	MOTION Granting an evidentiary hearing to investigate the consideration by the jury of extraneous prejudical information in its deliberations regarding Mr. Bacanovic., MOTION for New Trial pursuant to Federal Rule of Criminal Procedure 33, or, in the alternative. Document filed by Peter Bacanovic. (jw, ) (Entered: 04/20/2004)
04/15/2004	152	REPLY MEMORANDUM OF LAW in Support as to Peter Bacanovic re: [147] MOTION for Join in for new trial pursuant to Federal Rule of Criminal Procedure 33. (jw, ) (Entered: 04/15/2004)
04/15/2004	151	AFFIDAVIT of Richard M. Strassberg by Peter Bacanovic. I make this affidavit in support of the defendants Motion for New Trial Pursuant to Federal Rule of Criminal Procedure 33. (jw, ) (Entered: 04/15/2004)
04/15/2004	150	SUPPLEMENTAL AFFIDAVIT of Robert G. Morvillo by Martha Stewart. Wherefore, for the reasons set forth in the accompanying reply memorandum of law and in the original moving papers, and supporting affidavits, Martha Stewart's motion for an new trial pursuant to Federal Rule of Criminal Procedure 33 should be granted, or in the alternative, the Court should conduct an evidentiary hearing. (jw, ) (Entered: 04/15/2004)
04/15/2004	149	REPLY MEMORANDUM OF LAW in Support as to Martha Stewart re: [145] MOTION Granting an evidentiary hearing to investigate the matter of deliberate concealment of material information by a juror on the jury questionnaire used during the jury selection process. MOTION for New Trial. (jw, ) (Entered: 04/15/2004)
04/08/2004	148	MEMORANDUM in Opposition by USA as to Martha Stewart re [145] MOTION Granting an evidentiary hearing to investigate the matter of deliberate concealment of material information by a juror on the jury questionnaire used during the jury selection process. MOTION for New Trial pursuant to Federal Rule of Criminal Procedure 33. (jw, ) (Entered: 04/08/2004)
04/05/2004	147	MOTION to Join in Martha Stewart's Motion for New Trial Pursuant to Federal Rule of Criminal Procedure 33. Document filed by Peter Bacanovic. (jw, ) (Entered: 04/05/2004)
04/01/2004	146	MEMORANDUM in Support by Martha Stewart re [145] MOTION Granting an evidentiary hearing to investigate the matter of deliberate concealment of material information by a juror on the jury questionnaire used during the jury selection process. MOTION for New Trial pursuant to Federal Rule of Criminal Procedure 33. (jw, ) (Entered: 04/01/2004)
04/01/2004	145	MOTION Granting an evidentiary hearing to investigate the matter of deliberate concealment of material information by a juror on the jury questionnaire used during the jury selection process., MOTION for a New Trial pursuant to Federal Rule of Criminal Procedure 33. Document filed by Martha Stewart. (jw, ) (Entered: 04/01/2004)
03/31/2004	144	Letter by Martha Stewart addressed to Judge Cedarbaum from Attorney Robert G. Morvillo, dated 2/18/04 re: submitted in response to the Govt's 1/26/04 letter concerning the Govt's attempt to insert the irrelevant issue of Ms. Stewart's expense reimbursement at Martha Stewart Living into this trial. (bw, ) (Entered: 03/31/2004)
03/31/2004	143	Letter by Martha Stewart addressed to Judge Cedarbaum from Attorney Robert G. Morvillo, dated 1/26/04 re: submitted to notify the Court that Martha Stewart plans to cross-examine Doug Faneuil at trial concerning his pro-Government bias, as demonstrated by his prior invocation of the Fifth Amendment at a civil deposition concerning facts to which he will freely testify for the Govt at trial. Peter Bacanovic joins in this submission. (bw, ) (Entered: 03/31/2004)
03/31/2004	142	Letter by USA as to Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from AUSAs Karen Patton Seymour/Michael S. Schachter/William A. Burck, dated 1/23/04 re: submitted to reply to Martha Stewart's 1/22/04 opposition to the Govt's motions in limine submitted on 1/19/04. (bw, ) (Entered: 03/31/2004)
03/31/2004	141	Letter by Martha Stewart addressed to Judge Cedarbaum from Attorney Robert G. Morvillo, dated 1/22/04 re: submitted to move in limine to preclude the Govt from introducing (1) the subjective, isolated, cherry-picked testimony from a single or even group of analysts and a single or even several investors to prove the "materiality" of Ms. Stewart's alleged June statements; (2) irrelevant, inflammatory, prejudical evidence concerning Ms. Stewart's expense reimbursement practices at MSO; and (3) evidence that Ms. Stewart was elected to serve on, and became a member of, the Broad of Directors of the New York Stock Exchange on 6/6/02. (bw, ) (Entered: 03/31/2004)
03/31/2004	140	Letter by Martha Stewart addressed to Judge Cedarbaum from Attorney Robert G. Morvillo, dated 1/22/04 re: submitted in opposition to the Govt's 1/19/04 motion in limine to preclude defts from arguing or presenting evidence (see letter). (bw, ) (Entered: 03/31/2004)
03/31/2004	139	Letter by USA as to Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from AUSAs Karen Patton Seymour/Michael S. Schachter/William A. Burck, dated 1/22/04 re: submitted in response to deft Bacanovic's motion in limine to exclude evidence of Sam Waksal's conviction, plea and sentence. (bw, ) (Entered: 03/31/2004)
03/31/2004	138	Letter by USA as to Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from AUSAs Karen Patton Seymour/Michael S. Schachter/William A. Burck, dated 1/22/04 re: submitted in response to Mr. Bacanovic's motion in limine to exclude evidence of communications made to Mr. Bacanovic about Ms. Stewart's 6/12/02 press release. (bw, ) Modified on 3/31/2004 (bw, ). (Entered: 03/31/2004)
03/31/2004	137	Letter by Peter Bacanovic addressed to Judge Cedarbaum from Attorney Richard M. Strassberg, dated 1/21/04 re: submitted this motion in limine to exclude certain evidence concerning Count Nine of the Indictment - a securities fraud count against co-defendant Martha Stewart. (bw, ) (Entered: 03/31/2004)
03/31/2004	136	Letter by USA as to Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from AUSAs Karen Patton Seymour/Michael S. Schachter/William A. Burck, dated 1/19/04 re: submitted to move, in limine, to preclude the defts from arguing at trial, through jury addresses or witness examinations, or offering any evidence regarding: (1) the Govt's alleged motives in prosecuting this case; (2) the fact that the defts were not charged with insider trading and the SEC did not charge Ms. Stewart with securities fraud in connection with her 2002 public statements; (3) any claims by Ms. Stewart that she is charged in Count Nine with proclaiming her innocence or that Count Nine in any way implicates her First Amendment rights; and (4) any claim by Ms. Stewart that Count Nine is a "novel" or otherwise unusual charge. (bw, ) (Entered: 03/31/2004)
03/31/2004	135	Letter by USA as to Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from AUSA William A. Burck dated 2/24/04 re: submits this letter in support of its motion in limine to exclude the testimony of Elizabeth Loftus. (ph, ) (Entered: 03/31/2004)
03/31/2004	134	Letter by Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from Attorney Richard M. Strassberg dated 2/22/04 re: submits this response to the government's letter of today seeking to preclude Jeremiah Gutman from being called as a defense witness. (ph, ) (Entered: 03/31/2004)
03/31/2004	133	Letter by USA as to Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from AUSA Karen Patton Seymour dated 2/22/04 re: submits this letter seeking to preclude defendant Bacanovic from calling Douglas Faneuil's former attorney, Jeremiah Gutman, as a witness. (ph, ) (Entered: 03/31/2004)
03/31/2004	132	Letter by USA as to Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from AUSA William A. Burck dated 2/20/04 re: submits this letter to preclude a portion of the testimony of Albert Lyter, who is to be called by Mr. Bacanovic as an ink analysis expert. (ph, ) (Entered: 03/31/2004)
03/31/2004	131	Letter by Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from AUSA Karan Patton Seymour dated 2/17/04 re: responding to Mr. Baconovic's letter of 2/16/04 seeking preclusion of (a) testimony of Gregory Blatt and (b) an email sent by Andrew Nussbaum, an attorney at Wachtell Lipton Rosen & Katz, to Mr. Blatt. (ph, ) (Entered: 03/31/2004)
03/31/2004	130	Letter by Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from Attorney Richard M. Strassberg dated 2/16/04 re: to exclude on grounds of hearsay two items of information that we anticipate the government will seek to introduce through the upcoming testimony of Gregory Blatt. (ph, ) (Entered: 03/31/2004)
03/31/2004	129	Letter by Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from Richard M. Strassberg dated January 21, 2004 re: Defendant Peter Bacanovic respectfully submits this motion in limine to exclude evidence at the trial of this matter concerning the crimnal case against Dr. Sam Waksal, the former Chief Executive Officer of ImClone who pled guilty to insider trading charges in June 2003. For the foregoing reasons, this Court should grant Mr. Bacanovic's motion in limine in its entirety and rule that the government may offer no evidence concerning the criminal case against Dr. Sam Waksal, particularly no evidence concerning Dr. Waksal's plea, conviction and/or sentence. (jw, ) (Entered: 03/31/2004)
03/30/2004	128	Letter by USA as to Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from Karen Patton Seymour and Michael S. Schachter and William A. Burck dated February 17, 2004 re: The Government respectfully submits this brief response to Ms. Stewart's motion to preclude evidence concerning her expense reimbursement practices. (jw, ) (Entered: 03/30/2004)
03/30/2004	127	Letter by USA as to Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from AUSA William A. Burck dated 2/8/04 re: Peter Bacanovic's motion to exclude the SEC's civil complaint charging Mr. Bacanovic and Martha Stewart with insider trading. (ph, ) (Entered: 03/30/2004)
03/30/2004	126	Letter by USA as to Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from Karen Patton Seymour, Michael S. Schachter and William A. Burck dated February 7, 2004 re: The Government respectfully submits this opposition to Martha Stewart's motion in limine to preclude testimony of individual securities analysts and investors. (jw, ) (Entered: 03/30/2004)
03/30/2004	125	Letter by Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from Attorney Richard M. Strassberg dated 2/8/04 re: excluding evidence concerning the civil "insider trading" case that the United States Securities Exchange Commission has brought against Mr. Bacanovic and Ms. Stewart. (ph, ) (Entered: 03/30/2004)
03/30/2004	124	Letter by Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from Robert G. Morvillo dated January 28, 2004 re: Martha Stewart respectfully submits this letter in opposition to the Government's January 26, 2004 motion in limine to prevent two core areas of cross-examination that cut to the heart of the credibility and reliability of Doug Faneuil, the Government's star witness. (jw, ) (Entered: 03/30/2004)
03/30/2004	123	Letter by USA as to Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from AUSA William A. Burck dated 2/4/04 re: in further support of its position that evidence concerning Mr. Faneuil's drug use should be excluded. (ph, ) (Entered: 03/30/2004)
03/30/2004	122	Letter by USA as to Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from Karen Patton, Seymour and Michael S. Schachter and William A. Burck dated January 27, 2004 re: The Government respectfully makes this supplemental submission in support of its motion in limine to preclude corss examination of Douglas Faneuil concerning his invocation of his Fifth Amendment right not to testify in a separate proceeding. (jw, ) (Entered: 03/30/2004)
03/30/2004	121	Letter by Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from Attorney Richard M. Strassberg dated 1/29/04 re: submitting to the Court that it would be erroneous to preclude the defense from cross examining Mr. Faneuil regarding his drug use. (ph, ) (Entered: 03/30/2004)
03/30/2004	120	Letter by USA as to Martha Stewart, Peter Bacanovic, addressed to Judge Cedarbaum, from Richard M. Strassberg/David J. Apfel, Attys, dated 2/22/04, re: Government's letter in support of it's in limine to exclude testimony of Mr. Bacanovic's purported expert witness, John Maine, who is to provide "expert" testimony on, among other things, securities industry practices...(ja, ) (Entered: 03/30/2004)
03/30/2004	119	Letter as to Martha Stewart, Peter Bacanovic, addressed to Judge Cedarbaum, from Richard M. Strassberg/David J. Apfel, Attys, dated 2/22/04, re: this letter supplement our response to the Govt's letter of 2/20/04 (the "February 20 Letter"), seeking to preclude certain testimony from Mr. Bacanovic's ink analysis expert, Dr. Albert Lyter... We therefore submit that the govt's request to preclude Dr. Lyter's opinions as to his densitometry analysis must be denied. (ja, ) (Entered: 03/30/2004)
03/30/2004	118	Letter as to Martha Stewart, Peter Bacanovic, addressed to Judge Cedarbaum, from Richard M. Strassberg and David J. Apfel, Attys, dated 2/20/04, re: the government's letter regarding potential Daubert issues relating to Dr. Lyter's testimony. Enclosed w/this letter are various articles over a number of years that confirm the accepted practice in the field of ink analysis of using densitometry to determine variations in the components of ink. (ja, ) (Entered: 03/30/2004)
03/26/2004	117	TRANSCRIPT of Proceedings as to Martha Stewart, Peter Bacanovic held on 2/4,5,9,10,11,12/04 before Judge Miriam Goldman Cedarbaum. (tr, ) (Entered: 03/26/2004)
03/26/2004	116	TRANSCRIPT of Proceedings as to Martha Stewart, Peter Bacanovic held on 1/27,28,29,30/04 & 2/2,3,4/04 before Judge Miriam Goldman Cedarbaum. (tr, ) (Entered: 03/26/2004)
03/26/2004	115	TRANSCRIPT of Proceedings as to Martha Stewart, Peter Bacanovic held on 2/19,20,23,24,25/04 before Judge Miriam Goldman Cedarbaum. (tr, ) (Entered: 03/26/2004)
03/26/2004	114	TRANSCRIPT of Proceedings as to Martha Stewart, Peter Bacanovic held on 1/20,21,22,23,26/04 before Judge Miriam Goldman Cedarbaum. (tr, ) (Entered: 03/26/2004)
03/26/2004	113	TRANSCRIPT of Proceedings as to Martha Stewart, Peter Bacanovic held on February 24, 25, 26, 27, 2004 and March 1, 2, 3, 2004 before Judge Miriam Goldman Cedarbaum. (ja, ) (Entered: 03/26/2004)
03/26/2004	112	TRANSCRIPT of Proceedings as to Martha Stewart, Peter Bacanovic held on 2/11,13,17,18,19/04 before Judge Miriam Goldman Cedarbaum. (tr, ) (Entered: 03/26/2004)
03/26/2004	111	TRANSCRIPT of Proceedings as to Martha Stewart, Peter Bacanovic held on 3/2,3,4,5,8,9,10/04 before Judge Miriam Goldman Cedarbaum. (tr, ) (Entered: 03/26/2004)
03/17/2004	106	MANDATE of USCA (Certified Copy) as to Martha Stewart, Peter Bacanovic USCA Case Number 04-0220. Appeal from an order of the United States District Court for the Southern District of New York barring the media from attending the voir dire examinations of prospective jurors held in the district Judge's robing room but providing for the release of transcripts of the voir dire examinations with the names of the prospective jurors redacted. On consideration whereof, it is hereby ORDERED that the portion of the January 15 Order that barred the media from attending the voir dire proceedings held in the district judge's robing room is VACATED in accordance with the opinion of this Court. Issued As Mandate: 3/10/04. (ph, ) (Entered: 03/17/2004)
03/15/2004	105	TRANSCRIPT of Proceedings as to Martha Stewart, Peter Bacanovic held on 1/16/04 before Judge Miriam Goldman Cedarbaum. (ja, ) (Entered: 03/15/2004)
03/10/2004	104	ORDER as to Martha Stewart, Peter Bacanovic. Because of the extraordinary crush of television cameras and media representatives at all entrances and exits to the courthouse and the subway, It is hereby ORDERED that the US Marshal for the Southern District of NY furnish the jurors empanelled and sworn in the above-entitled case with the necessary transportation. (Signed by Judge Miriam Goldman Cedarbaum on 3/5/04)(jw, ) (Entered: 03/10/2004)
03/08/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum : as to Martha Stewart, Peter Bacanovic; Sentencing set for 6/17/2004 10:00 AM before Judge Miriam Goldman Cedarbaum. (jw, ) (Entered: 03/08/2004)
03/08/2004		ORDER FOR PRE-SENTENCE INVESTIGATION REPORT as to Martha Stewart, Peter Bacanovic (Signed by Judge Miriam Goldman Cedarbaum on 3/5/04)(jw, ) (Entered: 03/08/2004)
03/08/2004		JURY VERDICT as to Martha Stewart (1) Guilty on Count 1s,3s-4s,8s and Peter Bacanovic (2) Guilty on Count 1s,2s,6s,7s. (jw, ) (Entered: 03/08/2004)
03/08/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 3/5/2004. Trial continued. Defendant Stewart was found guilty on counts 1,3,4,8. Defendant Bacanovic was found guilty on counts 1,2,6 and 7. PSI ordered. Sentencing set for 6/17/04am. Defendants continued released. (jw, ) (Entered: 03/08/2004)
03/08/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 3/4/2004 (jw, ) (Entered: 03/08/2004)
03/08/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 3/3/2004. (jw, ) (Entered: 03/08/2004)
03/08/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 3/2/2004 (jw, ) (Entered: 03/08/2004)
03/08/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 3/1/2004. (jw, ) (Entered: 03/08/2004)
03/04/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 2/25/2004. Trial continued. (bw, ) (Entered: 03/04/2004)
03/04/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 2/24/2004. Trial continued. (bw, ) (Entered: 03/04/2004)
03/04/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 2/23/2004. Trial continued. (bw, ) (Entered: 03/04/2004)
03/04/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 2/20/2004. Trial continued. (bw, ) (Entered: 03/04/2004)
03/03/2004	103	Letter by Media Coalition as to Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from Attorney David A. Schultz dated 2/26/04 re: requesting that (1) the charging conference be conducted in open court with the draft charge available for inspection; (2) the names and addresses of jurors be publicly available by the time a verdict is returned; (3) a space be made available in the courthouse for press interviews of willing jurors; and (4) the questionnaires of all prospective jurors questioned during voir dire be made available. (ph, ) (Entered: 03/03/2004)
03/01/2004	102	MEMORANDUM OF LAW by Media Coalition in Support of Application For Access To Juror Names, Addresses, and Questionnaires as to Martha Stewart, Peter Bacanovic. Affidavit of David A. Schulz in Support attached. (ja, ) (Entered: 03/01/2004)
03/01/2004	101	MEMORANDUM & OPINION # 89727 as to Martha Stewart.Defendant Martha Stewart has moved for a judgment of acquittal pursuant to Fed.R.Crim.P. 29. The motion is granted with respect to Count Nine only. SO ORDERED. (Signed by Judge Miriam Goldman Cedarbaum on 2/27/04) Copies Mailed By Chambers..(ja, ) (Entered: 03/01/2004)
02/24/2004	100	AFFIDAVIT of Service by USA Karen Patton Seymour as to Martha Stewart. (jw, ) (Entered: 02/24/2004)
02/24/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 2/19/2004. (ja, ) (Entered: 02/24/2004)
02/24/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 2/18/2004. (ja, ) (Entered: 02/24/2004)
02/24/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 2/17/2004. (ja, ) (Entered: 02/24/2004)
02/24/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 2/13/2004. (ja, ) (Entered: 02/24/2004)
02/24/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 2/11/2004. (ja, ) (Entered: 02/24/2004)
02/24/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 2/10/2004. (ja, ) (Entered: 02/24/2004)
02/24/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 2/9/2004. (ja, ) (Entered: 02/24/2004)
02/23/2004	99	Appendix to the Government's Letter in Opposition to defendant's Rule 29 Motions by USA as to Martha Stewart, Peter Bacanovic. (jw, ) (Entered: 02/23/2004)
02/23/2004	98	MEMORANDUM in Opposition by USA as to Martha Stewart, Peter Bacanovic re [95] MOTION for Judgment of Acquittal pursuant to Federal Rule of Criminal Procedure 29; re [97] Letter for a judgment of acquittal of Mr. Bacanovic on all of the charges that have been brought against him on Counts One, Two, Five, Six and Seven on the Superseding Indictment. (jw, ) (Entered: 02/23/2004)
02/23/2004	97	Letter by Peter Bacanovic addressed to Judge Cedarbaum from Richard M. Strassberg dated February 22, 2004 re: We respectfully move, pursuant to Federal R. Crim. P. 29(a), for a judgment of acquittal of Mr. Bacanovic on all of the charges that have been brought against him. We move for a judgment of acquittal on Counts One, Two, Five, Six and Seven of the Superseding Indictment. (jw, ) (Entered: 02/23/2004)
02/23/2004	96	Supplemental Arguments for Martha Stewart's Motion for Judgment of Acquittal Pursuant to Federal Rule of Criminal Procedure 29 as to Martha Stewart. (jw, ) (Entered: 02/23/2004)
02/23/2004	95	MOTION for Judgment of Acquittal Pursuant to Federal Rule of Criminal Procedure 29. Document filed by Martha Stewart. (jw, ) (Entered: 02/23/2004)
02/06/2004	94	TRANSCRIPT of Proceedings as to Martha Stewart, Peter Bacanovic held on November 18, 2003 before Judge Miriam Goldman Cedarbaum. (dt, ) (Entered: 02/06/2004)
02/05/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 1/29/2004. (jw, ) (Entered: 02/05/2004)
02/05/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 1/27/2004. (jw, ) (Entered: 02/05/2004)
02/05/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic held on 1/26/2004. (jw, ) (Entered: 02/05/2004)
02/05/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Jury Trial as to Martha Stewart, Peter Bacanovic began on 1/26/2004. (jw, ) (Entered: 02/05/2004)
02/05/2004		Jury Impaneled as to Martha Stewart, Peter Bacanovic. Jury trial began: Jurors Empaneled and Sworn. Trial adjourned to 1/27/04 at 10:00am. (jw, ) (Entered: 02/05/2004)
02/05/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Voir Dire held on 1/24/2004 as to Martha Stewart, Peter Bacanovic and completed. (jw, ) (Entered: 02/05/2004)
02/05/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Voir Dire held on 1/23/2004 as to Martha Stewart, Peter Bacanovic (jw, ) (Entered: 02/05/2004)
02/05/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Voir Dire held on 1/22/2004 as to Martha Stewart, Peter Bacanovic (jw, ) (Entered: 02/05/2004)
02/05/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Voir Dire held on 1/21/2004 as to Martha Stewart, Peter Bacanovic (jw, ) (Entered: 02/05/2004)
02/05/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Voir Dire begun on 1/20/2004 Martha Stewart (1) on Count 1,1s,3-4,3s-4s,8,8s,9,9s and Peter Bacanovic (2) on Count 1,1s,2,2s,5,5s,6,6s,7,7s. (jw, ) (Entered: 02/05/2004)
02/04/2004	93	TRANSCRIPT of Proceedings as to Martha Stewart, Peter Bacanovic held on 12/29/03 before Judge Miriam Goldman Cedarbaum. (rg, ) (Entered: 02/04/2004)
02/04/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Arraignment as to Martha Stewart (1) Count 1s, 3s-4s, 8s, and 9s and Peter Bacanovic (2) Count 1s, 2s, 5s, 6s, and 7s held on 1/20/2004. Defendant Stewart present with attys Robert Morvillo, John Tique, Rebecca Monck, and John Cuti. Plea entered by Martha Stewart (1) Count 1s, 3s-4s, 8s, and 9s, Not Guilty on all counts of the Superseding Indictment. Defendant Bacanovic present with attys Richard Strassberg, David Apfel, and Cheryl Brunetti. Plea entered by Peter Bacanovic (2) Count 1s, 2s, 5s, 6s, and 7s, Not Guilty on all counts of the Superseding Indictment. AUSAs Michael Schachter, Karen Patton Seymour and William Burke present. Special Agent Catherine Farmer and Emil Bore present. Defendants continued released. (Court Reporter Tom Murray and Vincent Bologna) (ja, ) (Entered: 02/04/2004)
02/03/2004	92	TRANSCRIPT of Proceedings as to Martha Stewart, Peter Bacanovic held on 12/17/03 before Judge Miriam Goldman Cedarbaum. (rg, ) (Entered: 02/03/2004)
01/27/2004	91	MEMORANDUM & OPINION # 89603 as to Martha Stewart, Peter Bacanovic. The Government has moved in limine to preclude the defendants from arguing in opening statements or presenting evidence that would tend to show: (1) that the Government's motives in investigating and prosecuting Stewart were improper; (2) that the fact that the indictment does not charge either defendant with the crime of insider trading shows that the Government does not believe that either defendant committed the crime of insider trading; (3) that Stewart is being prosecuted for asserting her innocence and exercising her First Amendment right to free speech; and (4) that Count Nine is a novel application of the securities laws. For the reasons stated in the Memorandum Opinion, the motion is granted.. (Signed by Judge Miriam Goldman Cedarbaum on 1/26/04) Copies to Counsel by Chambers..(ph, ) (Entered: 01/27/2004)
01/22/2004	90	ENDORSED LETTER as to Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from Attorney David A. Schulz dated 1/19/04 re: requesting that the start of the voir dire be delayed temporarily so that expedited reiew by the Court of Appeals may be sought. Judge memo-endorsed: In view of the long delay of the trial of this case, this request for a delay of the start of oral voir dire is denied. Prospective jurors have already been notified to appear tomorrow. And a transcript of the proceedings will be available on the following day. So ordered. Copies faxed to counsel by chambers..(ph, ) (Entered: 01/22/2004)
01/22/2004	89	Letter by USA as to Martha Stewart, Peter Bacanovic, addressed to Judge Cedarbaum, from K.P. Seymour, M.S. Schachter, and W.A. Burck, AUSAs, dated 1/14/04, re: exclusion of the press from voir dire proceedings conducted in the robing room and prohibit publication or disclosure of juror identities.... Accordingly, the Government requests a limited closure of voir dire to protect jurors from unwarranted press intrusions, and thereby ensure that jurors are as candid as possible during jury selection. The defendants do not oppose this application. (ja, ) (Entered: 01/22/2004)
01/20/2004		Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Martha Stewart, Peter Bacanovic to US Court of Appeals re: [88] Notice of Appeal - Interlocutory,. (pr, ) (Entered: 01/20/2004)
01/20/2004		Transmission of Notice of Appeal to the District Judge re: [88] Notice of Appeal - Interlocutory,. (pr, ) (Entered: 01/20/2004)
01/20/2004	88	NOTICE OF APPEAL (Interlocutory) by Media Coalition as to Martha Stewart, Peter Bacanovic from [87] Order,,,. Filing fee $ 255.00, receipt number E 496788. Copies of Notice of Interlocutory Appeal mailed to Attorney(s) of Record: JOHN J. TIGUE, DAVID J. APFEL, RICHARD M. STRASSBERG, GARY STEIN, DEBBIE LANDIS.. (pr, ) (Entered: 01/20/2004)
01/16/2004	87	ORDER as to Martha Stewart, Peter Bacanovic. IT IS HEREBY ORDERED that no member of the press may be present for any voir dire proceedings that are conducted in the robing room; IT IS FURTHER ORDERED that a transcript of each day's voir dire proceedings will be made public the following day, with the names of prospective or selected jurors redacted from the transcripts, as well as such deeply personal information as any juror shall reasonably request not be made public. IT IS FURTHER ORDERED that no member of the press may sketch or photograph or divulge the name of any prospective or selected juror; and IT IS FURTHER ORDERED that this Order shall be in effect as to each prospecitve or selected juror until such time as that juror's service in this case is complete, as determined solely by this Court. (Signed by Judge Miriam Goldman Cedarbaum on 1/15/03)(ph, ) (Entered: 01/16/2004)
01/16/2004	86	Letter by Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from Members of the in-house press dated 1/14/04 re: writing to discuss concerns about coverage of voir dire in this case. (ph, ) (Entered: 01/16/2004)
01/15/2004	85	ORDER ADMITTING COUNSEL PRO HAC VICE as to Peter Bacanovic. ORDERED that, pursuant to Local Civil Rule 1.3(c) of the Local Rules of this Court, Cheryl R. Brunetti, Esq. is hereby admitted pro hac vice to the bar of this Court for the purpose of representing defendant Peter Bacanovic in the above captioned proceeding. (Signed by Judge Miriam Goldman Cedarbaum on 1/7/04)(jw, ) (Entered: 01/15/2004)
01/07/2004	84	(S1) SUPERSEDING INDICTMENT FILED as to Martha Stewart (1) count(s) 1s, 3s-4s, 8s, 9s, Peter Bacanovic (2) count(s) 1s, 2s, 5s, 6s, 7s. (jw, ) (Entered: 01/07/2004)
01/06/2004	83	MEMORANDUM & OPINION # 89506 as to Martha Stewart, Peter Bacanovic. The government has applied for two subpoenas duces tecum pursuant to Federal Rule of Criminal Procedure 17(c). The first subpoena is addressed to the law firm of Wachtell, Lipton, Rosen and Katz, attorneys for defendant Martha Stewart. The other subpoena is address to defendant Peter Bacanovic. For the reasons stated in this Memorandum and Opinion, the government's application is denied, except with respect to the proposed subpoena to Wachtell, Lipton for billing records. (Signed by Judge Miriam Goldman Cedarbaum on 12/29/03)(ph, ) (Entered: 01/06/2004)

01/06/2004	82	MOTION for Cheryl R. Brunetti to Appear Pro Hac Vice. Document filed by Peter Bacanovic. (ph, ) (Entered: 01/06/2004)
01/05/2004	81	TRANSCRIPT of Proceedings as to Martha Stewart, Peter Bacanovic held on 11/18/03 before Judge Miriam Goldman Cedarbaum. (pr, ) (Entered: 01/05/2004)
01/05/2004	80	TRANSCRIPT of Proceedings as to Martha Stewart, Peter Bacanovic held on 11/18/03 before Judge Miriam Goldman Cedarbaum. (pr, ) (Entered: 01/05/2004)
01/02/2004		Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum :Status Conference as to Martha Stewart, Peter Bacanovic held on 12/29/2003. Deft. Stewart not present. Attorneys Robert G. Morvillo, John J. Tigue, Jr., Rebecca Monck and John Cuti present. Deft. Bacanovic not present, attorneys Richard Strassberg and Cheryl Brunnetti present. AUSA's Michael Schachter, William Burck and Karen Seymour present. Court Reporter Michael McDaniel present. Defendants continued released. (rg, ) (Entered: 01/02/2004)
01/02/2004	79	ORDER as to Martha Stewart, Peter Bacanovic that no member of the press may speak to, interview, or have any contact or communication with any prospective juror called for jury duty on January 6, 2004, or any family member of such prospective juror; and it is further ordered that this prohibition on any and all contacts or communications between the press and prospective jurors and their families shall be in effect as to each prospective juror until such time as that juror's service in this case is complete, as determined solely by this Court.. (Signed by Judge Miriam Goldman Cedarbaum on 1/2/04)(rg, ) (Entered: 01/02/2004)
12/10/2003	78	MEMORANDUM & OPINION # 89414 as to Martha Stewart. In a previous opinion, I held that an e-mail that defendant Martha Stewart sent to her lawyer and then forwarded to her daughter was protected work product and unavailable for the Government's use at trial. Stewart seeks an order disqualifying the Assistant United States Attorney who inadvertently read the e-mail from cross-examining Stewart or participating in preparation for such cross-examination, should Stewart choose to testify. For the reasons stated in the Memorandum Opinion, defendant's application is denied. (Signed by Judge Miriam Goldman Cedarbaum on 12/8/03) Copies mailed to counsel by Chambers on 12/8/03.(ph, ) (Entered: 12/10/2003)
12/09/2003	77	Letter by USA as to Martha Stewart, Peter Bacanovic addressed to Judge Cedarbaum from Karen Patton Seymour & Michael S. Schachter & William A. Burck dated November 21, 2003 re: The Government respectfully submits this letter in opposition to defendant Martha Stewart's motion of October 29, 2003. For these reasons, Stewart's unprecedented and unsupported request to interfere with the Government's trial strategy should be denied. (jw, ) (Entered: 12/09/2003)
12/08/2003	76	Letter by Martha Stewart addressed to Judge Cedarbaum from Robert G. Morvillo dated December 1, 2003 re: This letter is respectfully submitted on behalf of Martha Stewart in further support of her request that the Court issue an order prohibiting AUSA Seymour from cross examining or preparing for the cross examination of Martha Stewart, shoudl Ms. Stewart choose to testify at trial. (jw, ) (Entered: 12/08/2003)
12/08/2003	75	Letter by Martha Stewart addressed to Judge Cedarbaum from Robert G. Morvillo dated October 29, 2003 re: When the government is a party to a litigation, it should be held to the same standard as other litigants. Ms. Seymour read material protected by the work product doctrine. This breach occurred by virtue of the government's own negligence. The government should not be permitted to gain an advantage from this type of conduct. We respectfully submit that the requested relief should be granted. (jw, ) (Entered: 12/08/2003)
12/08/2003	74	ORDER as to Martha Stewart, Peter Bacanovic. Jury Administrator Jerome Grate and I have agreed on the following schedule: Potential jurors will complete questionnaires on 1/6/04. Copies of completed questionnaires will be made available to all counsel on 1/7/04. Panelists will be brought in and voir dire will commence on 1/20/04 at 10:00 a.m. All counsel should confer and agree on the potential jurors who should be excused for cause, and submit to me the questionnaires of such potential jurors by Monday, January 12, 2004. Counsel are also directed to furnish to me by Wednesday, January 14, 2004 copies of the questionnaires, upon which counsel have noted those questions which they believe require further exploration by the Court. SO ORDERED. (Signed by Judge Miriam Goldman Cedarbaum on 12/2/03)(ja, ) (Entered: 12/08/2003)
11/22/2003		ORAL ORDER as to Martha Stewart, Peter Bacanovic denying [31-1] motion to direct the government to furnish a bill of particulars as to Martha Stewart (1), Peter Bacanovic (2), granting in part, denying in part [31-2] motion to compel further discovery as to Martha Stewart (1), Peter Bacanovic (2), denying [31-3] motion Granting such other and further relief to which the Court deems the defendant entitled as to Martha Stewart (1), Peter Bacanovic (2), denying [30-1] motion to strike inflammatory, prejudicial and irrelevant surplusage from the Indictment as to Martha Stewart (1), Peter Bacanovic (2), denying [30-2] motion Granting such other and further relief to which the Court deems the defendant entitled as to Martha Stewart (1), Peter Bacanovic (2), denying [40-1] motion dismissing Count 9 of the Indictment in its entirety as to Martha Stewart (1), denying [40-2] motion dismissing Count 8 of the Indictment in its entirety and striking obstruction of an agency proceeding in violation of 18 U.S.C. Sec. 1505 as an object of the conspiracy alleged in Count 1 of the Indictment as to Martha Stewart (1), denying [40-3] motion striking certain alleged false statement specifications from Counts 3 and 4 of the Indictment as to Martha Stewart (1), denying [40-4] motion striking prejudicial surplusage from Indictment as to Martha Stewart (1), denying [40-5] motion directing the government to furnish a bill of particulars pursuant to Federal Rule of Criminal Procedure 7(f) as to Martha Stewart (1), denying [40-6] motion granting such other and further relief to which the Court deems the defendant entitled as to Martha Stewart (1), granting [38-1] motion granting Ms. Stewart leave to issue subpoenas pursuant to Rule 17(c) of the Federal Rules of Criminal Procedure returnable prior to trial as to Martha Stewart (1), granting [38-2] motion granting such other and further relief to which the Court deems the defendant entitled. as to Martha Stewart (1) ( Entered by Judge Miriam Goldman Cedarbaum ) (jw) (Entered: 11/22/2003)
11/21/2003		Status conference as to Martha Stewart, Peter Bacanovic held before Judge Miriam Goldman Cedarbaum. Hearing held. Defendant Martha Stewart present with attys Robert G. Morvillo, John Cuti, John Tigue, and Rebecca Monck. Defendant Bacanovic present with attys Richard Strassberg and David Apfel. AUSAs Michael Schachter, John Burck and Karen Patton Seymour present. Court reporter Amy Rivera present. Stewart motion to apply ex-parte for subpoenas pursuant to Fed. R. Cr. P. 17(c) is granted. Stewart motion dismissing count 9 of the indcitment is denied. Stewart motion dismissing count 8 and striking obstruction of an agency proceeding in violation of 18 USC 1505 as an object of the conspiracy in count 1 is denied. Stewart motion striking certain alleged false statement specificiations from count 3 and 4 is denied. Stewart motion striking surplusage from the indictment is denied. Stewart motion for a bill particulars is denied. Bacanovic motion for a bill of particulars is denied. Bacanovic motion for a bill of particulars is denied and compelling further discovery is granted in part and denied in part. The Government is to supply a list of co-conspirators by 12/15/03, a list of Government witnesses by 1/17/04 and all Jencks Material by 1/7/04. The Court aslo directs the parties to submit an jointly agreed upon Jury Questionnaire by 12/15/03. Defendants Stewart and Bacanovic are continued to be released. (jw) (Entered: 11/21/2003)
11/18/2003	73	MEMORANDUM by Martha Stewart in support of [31-1] motion to direct the government to furnish a bill of particulars, [31-2] motion to compel further discovery, [30-1] motion to strike inflammatory, prejudicial and irrelevant surplusage from the Indictment, [29-1] motion to sever Count Nine of the Indictment from the other eight counts, [28-1] motion to sever Mr. Bacanovic's trial from that of his co-defendant Martha Stewart, [27-1] motion to dismiss Specification Two of Count Two of the Indictment, [40-1] motion dismissing Count 9 of the Indictment in its entirety, [40-2] motion dismissing Count 8 of the Indictment in its entirety and striking obstruction of an agency proceeding in violation of 18 U.S.C. Sec. 1505 as an object of the conspiracy alleged in Count 1 of the Indictment, [40-3] motion striking certain alleged false statement specifications from Counts 3 and 4 of the Indictment, [40-4] motion striking prejudicial surplusage from Indictment, [40-5] motion directing the government to furnish a bill of particulars pursuant to Federal Rule of Criminal Procedure 7(f), [38-1] motion granting Ms. Stewart leave to issue subpoenas pursuant to Rule 17(c) of the Federal Rules of Criminal Procedure returnable prior to trial, [38-2] motion granting such other and further relief to which the Court deems the defendant entitled. Appendix in further support of Omnibus Pretrial motions attached. (ja) Modified on 11/18/2003 (Entered: 11/18/2003)
11/18/2003	72	MEMORANDUM by Peter Bacanovic in support of [30-1] motion to strike inflammatory, prejudicial and irrelevant surplusage from the Indictment (ja) (Entered: 11/18/2003)
11/18/2003	71	MEMORANDUM by Peter Bacanovic in support of [27-1] motion to dismiss Specification Two of Count Two of the Indictment (ja) (Entered: 11/18/2003)
11/18/2003	70	MEMORANDUM by Peter Bacanovic in support of [29-1] motion to sever Count Nine of the Indictment from the other eight counts (ja) (Entered: 11/18/2003)
11/18/2003	69	MEMORANDUM by Peter Bacanovic in support of [28-1] motion to sever Mr. Bacanovic's trial from that of his co-defendant Martha Stewart (ja) (Entered: 11/18/2003)
11/18/2003	68	MEMORANDUM by Peter Bacanovic in support of [31-1] motion to direct the government to furnish a bill of particulars, [31-2] motion to compel further discovery, [31-3] motion Granting such other and further relief to which the Court deems the defendant entitled (ja) (Entered: 11/18/2003)
11/14/2003	67	Filed Memo-Endorsement on letter: by Peter Bacanovic , from Richard M. Strassberg, Dated November 10, 2003, addressed to: Judge Cedarbaum Re: Briefing, Request leave of the Court to file reply memoranda of law in excess of the 10 page limit established by the Court's individual practices due to the number and complexity of the issues raised in the various motions Judge's Memo-endorsed... Request Denied. SO ORDERED , ( Signed by Judge Miriam Goldman Cedarbaum ); (jw) (Entered: 11/14/2003)
11/13/2003	66	Filed Memo-Endorsement on letter: by Martha Stewart , from Robert G. Morvillo, Dated November 7, 2003, addressed to: Judge Cedarbaum Re: Scheduling, Requesting leave to the Court to submit a reply memorandum of law in excess of the 10 page limit established by the Court's individual practices due to the number and complexity of the issues raised in the omnibus motion Judge's Memo-endorsed... Request denied. SO ORDERED , ( Signed by Judge Miriam Goldman Cedarbaum ); Copies Mailed to counsel. (jw) (Entered: 11/13/2003)
11/06/2003	65	MEMORANDUM by USA as to Martha Stewart, Peter Bacanovic in opposition to [31-1] motion to direct the government to furnish a bill of particulars, [31-2] motion to compel further discovery, [31-3] motion Granting such other and further relief to which the Court deems the defendant entitled. (ph) (Entered: 11/06/2003)
11/06/2003	64	MEMORANDUM by USA as to Martha Stewart, Peter Bacanovic in opposition to [30-1] motion to strike inflammatory, prejudicial and irrelevant surplusage from the Indictment, [30-2] motion Granting such other and further relief to which the Court deems the defendant entitled. (ph) (Entered: 11/06/2003)
11/06/2003	63	MEMORANDUM by USA as to Peter Bacanovic in opposition to [29-1] motion to sever Count Nine of the Indictment from the other eight counts, [29-2] motion Granting such other and further relief to which the Court deems the defendant entitled. (ph) (Entered: 11/06/2003)
11/06/2003	62	MEMORANDUM by USA as to Peter Bacanovic in opposition to [28-1] motion to sever Mr. Bacanovic's trial from that of his co-defendant Martha Stewart. (ph) (Entered: 11/06/2003)
11/06/2003	61	MEMORANDUM by USA as to Peter Bacanovic in opposition to [27-1] motion to dismiss Specification Two of Count Two of the Indictment, [27-2] motion Granting such other and further relief to which the Court deems the defendant entitled. (ph) (Entered: 11/06/2003)
11/06/2003	60	Exhibit list by USA as to Martha Stewart. (ph) (Entered: 11/06/2003)
11/06/2003	59	MEMORANDUM by USA as to Martha Stewart in opposition to [40-1] motion dismissing Count 9 of the Indictment in its entirety, [40-2] motion dismissing Count 8 of the Indictment in its entirety and striking obstruction of an agency proceeding in violation of 18 U.S.C. Sec. 1505 as an object of the conspiracy alleged in Count 1 of the Indictment. Exhibits to Government's Memorandm of Law in opposition to defendant Stewarts' motions to dismiss counts 8,9 and three specifications of counts four and five. (ph) (Entered: 11/06/2003)
10/20/2003	58	OPINION # 89229 as to Martha Stewart, By letter dated August 21, 2003, the Government requested an early determination of whether an e-mail that Martha Stewart sent to her atty and then forwarded to her daughter is either atty-client privileged or protected as atty work product. After considering the submissions of various parties, I hold that the e-mail is protected work product, and that for the reasons stated, Stewart did not waive its immunity by forwarding the document to her daughter ( Signed by Judge Miriam Goldman Cedarbaum ); Copies to Counsel. (jw) (Entered: 10/20/2003)
10/20/2003	57	AFFIDAVIT of Martha Stewart Re: On June 24, 2002, I forwarded the email, unchanged to my daughter Alexis Stewart. By forwarding the email to my daughter, I did not understand or intend to waive the atty client privilege or any other privilege with respect to that document. (jw) (Entered: 10/20/2003)
10/20/2003	56	AFFIDAVIT of John F. Savarese - Partner in the firm of Wachtell, Lipton, Rosen & Katz, attys for Martha Stewart in this matter from January 2002 - June 2002 and thereafter. (jw) (Entered: 10/20/2003)
10/20/2003	55	AFFIDAVIT of Andrew J. Nussbaum - Partner in the firm of Wachtell, Lipton, Rosen & Katz, attys for Martha Stewart in this matter from January 2002 through June 2003 and thereafter. (jw) (Entered: 10/20/2003)
10/20/2003	54	AFFIDAVIT of Alexis Stewart - Martha Stewart's daughter. The document that is the subject of this motion has been described to me in general terms. (jw) (Entered: 10/20/2003)
10/20/2003	53	LETTER filed by Martha Stewart From John J. Tigue, Dated October 3, 2003, Addressed to: Judge Cedarbaum Re: This letter is respectfully submitted on behalf of Martha Stewart regarding whether a June 23, 2002 email sent by Ms. Stewart to her atty, and the forwarded copy sent by Ms. Stewart to her daughter the next day. (jw) (Entered: 10/20/2003)
10/20/2003	52	LETTER filed by Martha Stewart From John J. Tigue, Dated September 24, 2003, Addressed to: Judge Cedarbaum Re: We have read the government's September 23 submission to the Court relative to the government's request for a determination whether or not a June 24, 2002 email from Ms. Stewart is a privileged document. We intend to submit affidavits in support of the positions set forth in our September 5, 2003 letter by October 3, 2003. (jw) (Entered: 10/20/2003)
10/20/2003	51	LETTER filed by USA as to Martha Stewart, Peter Bacanovic From Karen Patton Seymour & Richard D. Owens & Michael S. Schachter, Dated September 23, 2003, Addressed to: Judge Cedarbaum Re: For the foregoing reasons, the Government respectfully requests that, following in camera review of the email in unredacted form, the Court issue an Order finding that the June 24, 2002 email from Martha Stewart to Alexis Stewart is not shielded from disclosure by the atty-client privilege or atty work product doctrine. (jw) (Entered: 10/20/2003)
10/20/2003	50	Exhibits to Mark J. Stein September 10, 2003 letter (jw) (Entered: 10/20/2003)
10/20/2003	49	LETTER filed by Martha Stewart, Peter Bacanovic From Mark J. Stein, Dated September 10, 2003, Addressed to: Judge Cedarbaum Re: This letter is respectfully submitted on behalf of our client, Martha Stewart Living Omnimedia, Inc in order to provide factual background to the Court in connection with the issues raised by the Government in its letter dated August 21, 2003. (jw) (Entered: 10/20/2003)
10/20/2003	48	Exhibits to Martha Stewart's September 5, 2003 Letter To The Court (jw) (Entered: 10/20/2003)
10/20/2003	47	LETTER filed by Martha Stewart From Robert G. Morvillo, Dated September 5, 2003, Addressed to: Judge Cedarbaum Re: This letter is written in response to the government's request for an early determination that the copy of an email sent by Martha Stewart to her atty on June 23, 2002 and forwarded to her daughter on June 24 is not protected by the atty-client privilege or work product doctrine. For the reasons discussed below both the June 23 email and the copy forwarded the following day are protected documents that should not be available for the government's use now or at trial. (jw) (Entered: 10/20/2003)
10/20/2003	46	Exhibits to Government's August 21, 2003 Letter (jw) (Entered: 10/20/2003)
10/20/2003	45	AFFIRMATION by USA as to Martha Stewart, Peter Bacanovic Re: [43-1] letter in support of the letter dated August 21, 2003, requesting a determination that an email communication between defendant Martha Stewart and her daughter, Alexis Stewart, dated June 24, 2002. (jw) (Entered: 10/20/2003)
10/20/2003	44	AFFIRMATION by USA Karen Patton Seymour as to Martha Stewart, Peter Bacanovic Re: [43-1] letter dated August 21, 2003, requesting a determination that an email communication between defendant Martha Stewart and her daughter Alexis Stewart dated June 24, 2002. (jw) (Entered: 10/20/2003)
10/20/2003	43	LETTER filed by USA as to Martha Stewart, Peter Bacanovic From Karen Patton Seymour & Richard D. Owens & Michael S. Schachter, Dated August 21, 2003, Addressed to: Judge Cedarbaum Re: The Government writes to seek an early determination from the Court that a June 24, 2002 email from defendant Martha Stewart to her daughter Alexis Stewart. For the foregoing reasons, the Government respectfully requests that , following in camera review of the email in unredacted form, the Court issue an Order finding that the June 24, 2002 email from Martha Stewart to Alexis Stewart is not shielded from disclosure by the atty-client privilege or atty work product doctrine. (jw) (Entered: 10/20/2003)
10/09/2003	42	ORDER as to Peter Bacanovic, Erin N. Jackson to appear pro hac vice ( Signed by Judge Miriam Goldman Cedarbaum ); Copies mailed to Counsel (jw) (Entered: 10/09/2003)
10/08/2003	41	MEMORANDUM by Martha Stewart in support of [40-1] motion dismissing Count 9 of the Indictment in its entirety, [40-2] motion dismissing Count 8 of the Indictment in its entirety and striking obstruction of an agency proceeding in violation of 18 U.S.C. Sec. 1505 as an object of the conspiracy alleged in Count 1 of the Indictment, [40-3] motion striking certain alleged false statement specifications from Counts 3 and 4 of the Indictment, [40-4] motion striking prejudicial surplusage from Indictment, [40-5] motion directing the government to furnish a bill of particulars pursuant to Federal Rule of Criminal Procedure 7(f), [40-6] motion granting such other and further relief to which the Court deems the defendant entitled, [38-1] motion granting Ms. Stewart leave to issue subpoenas pursuant to Rule 17(c) of the Federal Rules of Criminal Procedure returnable prior to trial, [38-2] motion granting such other and further relief to which the Court deems the defendant entitled. (ja) (Entered: 10/08/2003)
10/08/2003	40	NOTICE OF MOTION by Martha Stewart dismissing Count 9 of the Indictment in its entirety , dismissing Count 8 of the Indictment in its entirety and striking obstruction of an agency proceeding in violation of 18 U.S.C. Sec. 1505 as an object of the conspiracy alleged in Count 1 of the Indictment , striking certain alleged false statement specifications from Counts 3 and 4 of the Indictment , striking prejudicial surplusage from Indictment , directing the government to furnish a bill of particulars pursuant to Federal Rule of Criminal Procedure 7(f) ; and granting such other and further relief to which the Court deems the defendant entitled Affidavit by John J. Tigue, Jr. in support attached. Return Date not specified. (ja) Modified on 10/08/2003 (Entered: 10/08/2003)
10/08/2003	39	MEMORANDUM by Martha Stewart in support of [38-1] motion granting Ms. Stewart leave to issue subpoenas pursuant to Rule 17(c) of the Federal Rules of Criminal Procedure returnable prior to trial, [38-2] motion granting such other and further relief to which the Court deems the defendant entitled. (ja) (Entered: 10/08/2003)
10/08/2003	38	NOTICE OF MOTION by Martha Stewart granting Ms. Stewart leave to issue subpoenas pursuant to Rule 17(c) of the Federal Rules of Criminal Procedure returnable prior to trial ; and granting such other and further relief to which the Court deems the defendant entitled. Affidavit by Robert G. Morvillo in support attached. Return Date not specified. (ja) Modified on 10/08/2003 (Entered: 10/08/2003)
10/07/2003	37	AFFIDAVIT by Martha Stewart, Peter Bacanovic Re: [31-1] motion to direct the government to furnish a bill of particulars, [31-2] motion to compel further discovery, [31-3] motion Granting such other and further relief to which the Court deems the defendant entitled, [30-1] motion to strike inflammatory, prejudicial and irrelevant surplusage from the Indictment, [30-2] motion Granting such other and further relief to which the Court deems the defendant entitled, [29-1] motion to sever Count Nine of the Indictment from the other eight counts, [29-2] motion Granting such other and further relief to which the Court deems the defendant entitled, [28-1] motion to sever Mr. Bacanovic's trial from that of his co-defendant Martha Stewart, [28-2] motion Granting such other and further relief to which the Court deems the defendant entitled, [27-1] motion to dismiss Specification Two of Count Two of the Indictment, [27-2] motion Granting such other and further relief to which the Court deems the defendant entitled (jw) (Entered: 10/07/2003)
10/07/2003	36	MEMORANDUM by Martha Stewart, Peter Bacanovic in support of [31-1] motion to direct the government to furnish a bill of particulars, [31-2] motion to compel further discovery, [31-3] motion Granting such other and further relief to which the Court deems the defendant entitled (jw) (Entered: 10/07/2003)
10/07/2003	35	MEMORANDUM by Martha Stewart, Peter Bacanovic in support of [30-1] motion to strike inflammatory, prejudicial and irrelevant surplusage from the Indictment, [30-2] motion Granting such other and further relief to which the Court deems the defendant entitled (jw) (Entered: 10/07/2003)
10/07/2003	33	MEMORANDUM by Martha Stewart, Peter Bacanovic in support of [28-1] motion to sever Mr. Bacanovic's trial from that of his co-defendant Martha Stewart, [28-2] motion Granting such other and further relief to which the Court deems the defendant entitled (jw) (Entered: 10/07/2003)
10/07/2003	34	MEMORANDUM by Martha Stewart, Peter Bacanovic in support of [29-1] motion to sever Count Nine of the Indictment from the other eight counts, [29-2] motion Granting such other and further relief to which the Court deems the defendant entitled (jw) (Entered: 10/07/2003)
10/07/2003	32	MEMORANDUM by Martha Stewart, Peter Bacanovic in support of [27-1] motion to dismiss Specification Two of Count Two of the Indictment, [27-2] motion Granting such other and further relief to which the Court deems the defendant entitled (jw) (Entered: 10/07/2003)
10/07/2003	31	MOTION by Martha Stewart, Peter Bacanovic to direct the government to furnish a bill of particulars , and to compel further discovery , and Granting such other and further relief to which the Court deems the defendant entitled Return Date not specified. Certificate of Service attached. (jw) (Entered: 10/07/2003)
10/07/2003	30	MOTION by Martha Stewart, Peter Bacanovic to strike inflammatory, prejudicial and irrelevant surplusage from the Indictment , and Granting such other and further relief to which the Court deems the defendant entitled Return Date not specified. Certificate of Service attached. (jw) (Entered: 10/07/2003)
10/07/2003	29	MOTION by Martha Stewart, Peter Bacanovic to sever Count Nine of the Indictment from the other eight counts , and Granting such other and further relief to which the Court deems the defendant entitled Return Date not specified. Certificate of Service attached. (jw) (Entered: 10/07/2003)
10/07/2003	28	MOTION by Martha Stewart, Peter Bacanovic to sever Mr. Bacanovic's trial from that of his co-defendant Martha Stewart , and Granting such other and further relief to which the Court deems the defendant entitled Return Date not specified. Cerficiate of Service attached. (jw) (Entered: 10/07/2003)
10/07/2003	27	MOTION by Martha Stewart, Peter Bacanovic to dismiss Specification Two of Count Two of the Indictment , and Granting such other and further relief to which the Court deems the defendant entitled Return Date not specified. Certificate of Service attached. (jw) (Entered: 10/07/2003)
09/30/2003	26	AFFIDAVIT as to Peter Bacanovic, Re: Affidavit of Richard M. Strassberg in Support of Motion Pro Hac Vice (ja) (Entered: 09/30/2003)
09/29/2003	25	Filed Memo-Endorsement on letter: by Peter Bacanovic , from Richard M. Strassberg, Dated September 24, 2003, addressed to: Judge Cedarbaum Re: To Travel, to Travel to Puerto Vallarta, Mexico for the Thanksgiving holiday from November 25, 2003 until December 2, 2003 Judge's Decision: Request granted. SO ORDERED , ( Signed by Judge Miriam Goldman Cedarbaum ); (jw) (Entered: 09/29/2003)
09/24/2003	24	Filed Memo-Endorsement on letter: addressed to Judge Cedarbaum from Attorney Robert G. Morvillo, dated 9/17/03, filed by deft Martha Stewart, as to defts Martha Stewart, Peter Bacanovic. Mr. Morvillo propose the following briefing schedule: Deft's Pre-trial Motions due 10/6/03, Govt's Response due 11/5/03, Defts' Reply due 11/14/03, Oral Argument for 11/18/03 at 4:30 p.m.; JUDGE ENDORSED - Request granted. ( Signed on 9/19/03 by Judge Miriam Goldman Cedarbaum ). [ microfilm 9/22/03 9am ]; Copies Mailed By Chambers. (bw) Modified on 09/24/2003 (Entered: 09/24/2003)
09/22/2003	7	Filed Memo-Endorsement on letter: as to Peter Bacanovic, from Richard M. Strassberg, Atty for the dft, Dated 9/16/03, addressed to: Judge Cedarbaum, Re: a request, on behalf of Mr. Bacanovic, we respectfully join in Ms. Stewart's 9/12/03 request for permission to file a memorandum of law in support of an omnibus pre-trial motion in excess of the twenty five page limit established by the Court's individual rules. Consolidation does not assist me. I much prefer separate motions with separate briefs. ( Signed by Judge Miriam Goldman Cedarbaum ); Copies mailed. (ja) (Entered: 09/22/2003)
09/18/2003	6	TRANSCRIPT of record of proceedings as to Martha Stewart, Peter Bacanovic for dates of 7/21/03, before Judge Miriam Goldman Cedarbaum . (tr) (Entered: 09/18/2003)
09/17/2003	5	Filed Memo-Endorsement on letter: by Martha Stewart , from Robert Morvillo, Dated 9/12/03, addressed to: Judge Cedarbaum Re: US v Stewart, We request that the Court grant Ms. Stewart permission to file a memorandum of law in support of her omnibus pre-trial motions in excess of the 25 page limit established by the Court. ,...So Ordered. ( Signed by Judge Miriam Goldman Cedarbaum ); (ac) (Entered: 09/17/2003)
09/09/2003	4	NOTICE of Appearance for Martha Stewart by Attorney Rebecca Monck (jw) (Entered: 09/09/2003)
09/09/2003	20	MEMORANDUM OPINION # 89016 as to Martha Stewart, Peter Bacanovic, Deft's have requested that I direct the US Attorneys Office to conduct an inquiry to determine whether , before the return of the indictment, any Government employee released the information that the grand jury would not charge insider trading. I have carefully examined the materials submitted by Defts in support of the application, and am not persuaded that it is likely that there was a breach of grand jury secrecy. Accordingly, the Defts' request is denied. So Ordered. ( Signed by Judge Miriam Goldman Cedarbaum ); (ac) (Entered: 09/09/2003)
08/19/2003	19	Corrected TRANSCRIPT of record of proceedings as to Martha Stewart, Peter Bacanovic for dates of 6/4/03, before Judge Miriam Goldman Cedarbaum . (tr) (Entered: 08/19/2003)
08/18/2003	18	TRANSCRIPT of record of proceedings as to Martha Stewart, Peter Bacanovic for dates of 6/4/03, before Judge Miriam Goldman Cedarbaum . (df) (Entered: 08/18/2003)
08/14/2003	17	TRANSCRIPT of record of proceedings as to Martha Stewart, Peter Bacanovic for dates of 6/19/03, before Judge Miriam Goldman Cedarbaum . (tr) (Entered: 08/14/2003)
07/29/2003	16	ORDER Admitting Counsel Pro Hac Vice, as to deft Peter Bacanovic. It is hereby ORDERED that, pursuant to Local Criminal Rule 1.1 and Local Civil Rule 1.3(c) of the Local Rules of this Court, David J. Apfel, Esq. and Shannon J. Siragusa, Esq. are hereby admitted pro hac vice to the bar of this Court for the purpose of representing deft Peter Bacanovic in the above-captioned proceeding. ( Signed on 7/21/03 by Judge Miriam Goldman Cedarbaum ). [ microfilm 7/23/03 3pm ]; Copy Mailed By Chambers; refer to Motion, doc.#8. (bw) Modified on 07/29/2003 (Entered: 07/29/2003)
07/23/2003	15	LETTER filed by USA as to Martha Stewart From Karen Patton Seymour, Dated July 18, 2003, Addressed to: Judge Cedarbaum Re: The Government respectfully submits this letter in response to defendant Martha Stewart's July 16, 2003 letter. In her July 16 letter, Stewart repeats her request that the Court review the minutes of grand jury proceedings to determine whether grand jurors were instructed not to consider information circulating in the media prior to deliberating or voting on the indictment. To put this issue to rest, the Government will submit those minutes to the Court, should the Court wish to review them. The Government has requested that those minutes be transcribed and will submit them to the Court upon receipt. (jw) (Entered: 07/23/2003)
07/23/2003	14	LETTER filed by Martha Stewart, Peter Bacanovic From Richard M. Strassberg, Dated 7/17/03, Addressed to: Judge Cedarbaum Re: This letter is respectfully submitted on behalf of Peter Bacanovic in response to the government's letters of June 27, 2003 and July 14, 2003 regarding probable violations of Rule 6(e) of the Federal Rules of Criminal Procedure. Mr. Bacanovic respectfully reiterates his request that the Court direct the US Atty's Office for the Southern District of NY to conduct an inquiry to determine the source of the alleged leaks. (jw) (Entered: 07/23/2003)
07/23/2003	13	LETTER filed by Martha Stewart From Robert G. Morvillo, Dated July 16, 2003, Addressed to: Judge Cedarbaum Re: We write to respond to the Government's letter dated June 27, 2003, in which it argues that no "further inquiry" into possible violations of Rule 6(e) of the Federal Rules of Criminal Procedure is "justified". We continue respectfully to request that the Court direct the US Atty's Office for the Southern District of NY to conduct an inquiry to determine the source of the leaks on June 3, 2003 and report back to the Court and counsel for the defense with the results of the inquiry. (jw) (Entered: 07/23/2003)
07/23/2003	12	LETTER filed by USA as to Martha Stewart, Peter Bacanovic From Karen Patton Seymour, Richard D. Owens, Michael S. Schachter, Dated July 14, 2003, Addressed to: Judge Cedarbaum Re: This letter is in response to defendant Peter Bacanovic's July 1, 2003 letter joining in defendant Martha Stewart's earlier letter regarding purported violations of Rule 6(e) of the Federal Rules of Criminal Procedure. Bacanovic requests that Court direct the US Atty's Office to conduct an internal investigation into claimed violations of grand jury secrecy. For the reasons that follow, this Court should deny Bacanovic's request. (jw) (Entered: 07/23/2003)
07/23/2003	11	LETTER filed by Martha Stewart From Richard M. Strassberg, Dated July 1, 2003, Addressed to: Judge Cedarbaum Re: On behalf of Peter Bacanovic, we respectfully join in Ms. Stewart's June 20, 2003 letter application to the Court regarding probable violations of Rule 6(e) of the Federal Rules of Criminal Procedure in connection with the above captioned matter. Accordingly, we respectfully join in Ms. Stewart's request that, at a minimum, the Court direct the US Atty's Office to conduct an internal investigation into these apparent violations of grand jury secrecy. (jw) (Entered: 07/23/2003)
07/23/2003	10	LETTER filed by USA as to Martha Stewart From Karen Patton Seymour, Richard D. Owens, Michael S. Schachter, Dated June 27, 2003, Addressed to: Judge Cedarbaum Re: This letter is in response to defendant Martha Stewart's June 20, 2003 letter regarding purported violations of Rule 6(e) of the Federal Rules of Criminal Procedure. Further, Stewart has not suffered any prejudice from any of the cited reports. Accordingly, Stewart has not shown cause for any inquiry. (jw) (Entered: 07/23/2003)
07/23/2003	9	LETTER filed by Martha Stewart From Robert G. Morvillo, Dated June 20, 2003, Addressed to: Judge Cedarbaum Re: To bring the Court's attention to probable violations of Rule 6(e) of the Federal Rules of Criminal Procedure in connection with the grand jury investigation. We request that the Court examine the grand jury minutes to determine whether, prior to any deliberations and/or voting, the grand jurors were instructed not to consider information circulating in the media. (jw) (Entered: 07/23/2003)
07/03/2003	8	MOTION by Peter Bacanovic for David J. Apfel to appear pro hac vice Return Date not specified. (ja) (Entered: 07/03/2003)
06/20/2003		ORAL ORDER as to Martha Stewart, Peter Bacanovic , set scheduling order deadlines: Motion Filing to 9/30/03 for Martha Stewart, for Peter Bacanovic ; Reply to response to motion deadline 11/10/03 for Martha Stewart, for Peter Bacanovic ; Response to motion deadline 10/30/03 for USA ; Jury Trial for 1/12/04 for Martha Stewart, for Peter Bacanovic ; and set oral argument 4:30 11/18/03 for Martha Stewart, for Peter Bacanovic ( Entered by Judge Miriam Goldman Cedarbaum ) (ja) (Entered: 06/20/2003)
06/20/2003		Status conference as to Martha Stewart, Peter Bacanovic held before Judge Miriam Goldman Cedarbaum. Dft Stewart pres w/attys Robert Morvillo, John Tigue, Rebecca Moncer and John Conti. Dft Bacanovic pres w/atty Richard Strassberg. AUSAs Michael Schachter, Richard Owen and Karen Patton Seymour pres. Special Agent Catherine Farmer pres. Court rptr Patricia Nilson pres. Defense motions due by 9/30/03, Gov't Response by 10/30/03, Reply by 11/10/03. Oral argument set for 11/18/03 at 4:30 p.m. Trial set for 1/12/04. With the consent of the dfts, time is excluded from 6/19/03 to 1/12/04 from the speedy trial clock. Dft's cont'd released. (ja) (Entered: 06/20/2003)
06/13/2003		ORAL ORDER as to Martha Stewart, Peter Bacanovic , set status conference for 11:30 6/19/03 for Martha Stewart, for Peter Bacanovic , and to Continue in Interests of Justice time is excluded from 6/4/03 to 6/19/03 ( Entered by Judge Miriam Goldman Cedarbaum ) (ja) (Entered: 06/13/2003)
06/13/2003		PLEA entered by Martha Stewart, Peter Bacanovic. Court accepts plea. Not Guilty: Martha Stewart (1) count(s) 1, 3-4, 8, 9, Peter Bacanovic (2) count(s) 1, 2, 5, 6, 7 (ja) (Entered: 06/13/2003)
06/13/2003		Arraignment as to Martha Stewart, Peter Bacanovic held Martha Stewart (1) count(s) 1, 3-4, 8, 9, Peter Bacanovic (2) count(s) 1, 2, 5, 6, 7 before Judge Miriam Goldman Cedarbaum. Dft Martha Stewart pres w/the attys Robert Morvillo, John J. Tigue and Rebecca A. Moncer. Dft Peter Bacanovic pres w/atty Richard Strassberg. AUSAs Michael Schachter, Karen Patton Seymour, and Richard D. Owens pres. FBI Agent Catherine M. Farmer pres. Court rptr Guido Tascione pres. Dft Stewart pleads NOT GUILTY to all counts. Dft Bacanovic pleads NOT GUILTY on all counts. Status conference set for 6/19/03 at 11:30 a.m. Time between 6/4/03 until 6/19/03 is excluded from the speedy trial clock. Dft Martha Stewart is R.O.R. Dft Stewart must notify the U.S. Atty's Office within 72 hours if travelling outside the United States. Dft Bacanovci is R.O.R. Dft Bacanovic's travel is restricted to the continental United States and he must surrender his passport. (ja) (Entered: 06/13/2003)
06/13/2003		First Appearance as to Martha Stewart, Peter Bacanovic held Arraignment set for 6/4/03 for Martha Stewart, for Peter Bacanovic; before Judge Miriam Goldman Cedarbaum . (ja) (Entered: 06/13/2003)
06/13/2003	7	Order of advice of penalties and sanctions as to Peter Bacanovic (2) (ja) (Entered: 06/13/2003)
06/13/2003	6	Order of advice of penalties and sanctions as to Martha Stewart (1) (ja) (Entered: 06/13/2003)
06/13/2003	5	NOTICE of Appearance for Peter Bacanovic by Attorney Richard M. Strassberg (ja) (Entered: 06/13/2003)
06/13/2003	3	NOTICE of Appearance for Martha Stewart by Attorney John J. Tigue Jr. (ja) (Entered: 06/13/2003)
06/13/2003	2	NOTICE of Appearance for Martha Stewart by Attorney Robert G. Morvillo (ja) (Entered: 06/13/2003)
06/05/2003	1	INDICTMENT as to Martha Stewart (1) count(s) 1, 3-4, 8, 9, Peter Bacanovic (2) count(s) 1, 2, 5, 6, 7 (jm) (Entered: 06/05/2003)