Docket US v. Drew CD Cal 08-0582

Case: 2:08-cr-00582-GW As of: 10/15/2009 08:17 PM PDT 1 of 12
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

(Western Division − Los Angeles)
CRIMINAL DOCKET FOR CASE #: 2:08−cr−00582−GW−1
Case title: USA v. Drew Date Filed: 05/15/2008

Date Terminated: 08/28/2009
Assigned to: Judge George H Wu

Appeals court case number: '09−50479'
'9th CCA'
Defendant (1)
Lori Drew represented by H Dean Steward
TERMINATED: 08/28/2009 H Dean Steward Law Offices
107 Avenida Miramar Suite C
San Clemente , CA 92672
949−481−4900
Fax: 949−496−6753
Email: deansteward@fea.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Orin S Kerr
Orin S Kerr Law Offices
2000 H Street NW
Washington , DC 20052
202−994−4775
Fax: 202−994−5654
LEAD ATTORNEY
PRO HAC VICE
Designation: Pro Bono
Pending Counts Disposition

None
Highest Offense Level (Opening)

None
Terminated Counts Disposition

18:371: CONSPIRACY Dismissed.
(1)
18:1030(a)(2)(C), (c)(2)(B)(ii): 2(a), (b):
ACCESSING PROTECTED
COMPUTERS TO OBTAIN Defendant's Motion under FRCrP 29(c) is
INFORMATION; AIDING AND GRANTED.
ABETTING AND CAUSING AN ACT
TO BE DONE.
(2−4)
Highest Offense Level (Terminated)

Felony
Complaints Disposition
None
Amicus
Electronic Frontier Foundation, et al represented by Jennifer Stisa Granick
TERMINATED: 08/28/2009 Stanford Law School
559 Nathan Abbott Way
Stanford , CA 94305
650−724−0014
LEAD ATTORNEY
Designation: Retained
Plaintiff
USA represented by Mark Krause
AUSA − Office of US Attorney
Criminal Div − US Courthouse
312 North Spring Street 12th Floor
Los Angeles , CA 90012−4700
213−894−2434
Fax: 213−894−0141
Email: USACAC.Criminal@usdoj.gov
LEAD ATTORNEY
Yvonne Leticia Garcia

AUSA − US Attorney's Office
312 North Spring Street 12th Floor
Los Angeles , CA 90012
213−894−2400
Fax: 213−894−0141
Email: Yvonne.Garcia@usdoj.gov
LEAD ATTORNEY
Date Filed # Docket Text

05/15/2008 1 INDICTMENT Filed as to Lori Drew (1) count(s) 1, 2−4. Offense occurred in LA. (sj,
) (Entered: 05/15/2008)
05/15/2008 2 CASE SUMMARY filed by AUSA Mark Krause as to Defendant Lori Drew;
defendants Year of Birth: 1959 (sj, ) (Entered: 05/15/2008)
05/15/2008 3 MEMORANDUM filed by Plaintiff USA as to Defendant Lori Drew.Re: Judge
Stephen G. Larson (sj, ) (Entered: 05/15/2008)
05/15/2008 4 MEMORANDUM filed by Plaintiff USA as to Defendant Lori Drew.Magistrate
Judge John Charles Rayburn Jr., Magistrate Judge Jacqueline Choolijan, Magistrate
Judge Patrick J. Walsh, Magistrate Judge Jennifer T. Lum, Magistrate Judge Jeffrey
W. Johnson (sj, ) (Entered: 05/15/2008)
05/28/2008 5 Summons Returned Executed on 5/23/08. as to Lori Drew (sj, ) (Entered: 06/03/2008)
06/16/2008 6 DESIGNATION AND APPEARANCE OF COUNSEL; filed by H Dean Steward
appearing for Lori Drew (tba) (Entered: 06/17/2008)
06/16/2008 7 STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Lori Drew (tba)
(Entered: 06/17/2008)
06/16/2008 8 BOND AND CONDITIONS OF RELEASE filed as to Defendant Lori Drew
conditions of release: $20,000.00 Unsecured Appearance Bond approved by
Magistrate Judge Paul L. Abrams. (tba) (Entered: 06/17/2008)
06/16/2008 9 DECLARATION RE: PASSPORT filed by Defendant Lori Drew, declaring that I do
not currently possess any passport(s). I will not apply for the issuance of a passport
during the pendency of this case.. RE: Bond and Conditions (CR−1) 8 . (tba)
(Entered: 06/17/2008)
06/16/2008 10 MINUTES OF POST−INDICTMENT ARRAIGNMENT: held before Magistrate
Judge Paul L. Abrams as to Lori Drew (1) Count 1,2−4. Defendant arraigned, states
true name: As charged. Defendant entered not guilty plea to all counts as charged.
Attorney: H. Dean Steward, retained present. Case assigned to Judge George H. Wu.
Court orders bail set for Lori Drew (1) $20,000.00 Unsecured Appearance Bond, see
attached bond. Jury Trial set for 7/29/2008 08:30 AM before Judge George H Wu.
Status Conference set for 6/26/2008 08:00 AM before Judge George H Wu. Court
Smart: CS06/16/2008. (tba) (Additional attachment(s) added on 6/18/2008: # 1 CR1
BOND) (tba). (Entered: 06/18/2008)
06/17/2008 11 MINUTES OF IN CHAMBERS ORDER by Judge George H Wu: Jury Trial set for
7/29/2008 at 08:30 AM before Judge George H Wu. Status Conference set for
6/26/2008 at 08:00 AM before Judge George H Wu. (rj) (Entered: 06/18/2008)
06/20/2008 12 JOINT REPORT REGARDING DISCOVERY AND OTHER ISSUES filed by
Plaintiff USA as to Defendant Lori Drew (Krause, Mark) (Entered: 06/20/2008)
06/21/2008 13 WAIVER of Defendants Presence filed by Defendant Lori Drew (Steward, H)
(Entered: 06/21/2008)
06/26/2008 14 MINUTES OF Status Conference held before Judge George H Wu as to Defendant
Lori Drew.,Status Conference is held. Court and counsel confer re scheduling.The
Court sets the following briefing schedule: Motion filing date July 23, 2008
Opposition August 16, 2008 Reply August 20, 2008 Hearing September 4, 2008 at
8:30 a.m. The Jury Trial set for July 29, 2008 is continued to October 7, 2008 at 8:30
a.m. Parties shall file a stipulation and proposed order as to excludable time with the
waiver signed by the defendant.IT IS SO ORDERED. Court Reporter: Wil Wilcox.
(pj) (Entered: 06/27/2008)
07/02/2008 15 NOTICE of Manual Filing of Ex Parte Application and Proposed Order filed by
Defendant Lori Drew (Steward, H) (Entered: 07/02/2008)
07/07/2008 17 SEALED DOCUMENT − EX PARTE APPLICATION.(cbr) (Entered: 07/11/2008)
07/08/2008 16 EX PARTE APPLICATION for Release of Grand Jury Transcripts ; Memorandum of
Points and Authorities; Declaration of Mark C. Krause Filed by Plaintiff USA as to
Defendant Lori Drew (Attachments: # 1 Proposed Order)(Krause, Mark) (Entered:
07/08/2008)
07/11/2008 18 ORDER by Judge George H. Wu as to Defendant Lori Drew re: EX PARTE
APPLICATION for Release of Grand Jury Transcripts; Memorandum of Points and
Authorities; Declaration of Mark C. Krause, 16 . For good cause shown, it is hereby
ordered that plaintiff United States of America may supply defense counsel in the
abovecaptioned matter with a copy of the grand jury testimony of anywitness whom
the government intends to call at trial. This order is being entered to permit
compliance with the disclosure provisions of Federal Rule of Criminal Procedure 26.2
and this Courts discovery order. It is further ordered that defense counsel shall not
disclose said grand jury testimony to any other persons, except as necessary in
preparation of the defense, without prior authorization from this Court and that the
copy of the testimony provided to defense counsel (and any reproductions or copies
made of the produced copy) shall be returned to the government at the conclusions of
the proceedings in this case. (rj) (Entered: 07/14/2008)
07/14/2008 19 Seal Document− Order (mat) (Entered: 07/14/2008)
07/17/2008 20 STIPULATION to Continue Trial Date from July 29, 2008 to October 7, 2008 and
Findings of Excludable Time Periods Pursuant To Speedy Trial Act filed by Plaintiff
USA as to Defendant Lori Drew (Attachments: # 1 Proposed Order Continuing of
Trial Date and Findings Regarding Excludable Time Periods Pursuant To Speedy
Trial Act)(Krause, Mark) (Entered: 07/17/2008)
07/22/2008 25 ORDER TO CONTINUING Trial by Judge George H Wu as to Defendant Lori Drew.
Change of Plea Hearing set for 10/7/2008 before Judge George H Wu.dispositive
motions be filed no later than July 23, 2008, with oppositions due no later than
August 13, 2008, and replies, if any, due no later than August 20, 2008. The hearing
on said motions is hereby set for September 4, 2008 at 8:30 a.m. Defendant shall
appear inCourtroom 10 of the Federal Courthouse, 312 North Spring Street, Los
Angeles, California on September 4, 2008, at 8:30 a.m. (pj) (Entered: 07/24/2008)
07/23/2008 21 NOTICE OF MOTION AND MOTION to Dismiss Case for Vagueness Filed by
Defendant Lori Drew Motion set for hearing on 9/4/2008 at 08:30 AM before Judge
George H Wu. (Steward, H) (Entered: 07/23/2008)
07/23/2008 22 NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State an
Offense Filed by Defendant Lori Drew Motion set for hearing on 9/4/2008 at 08:30
AM before Judge George H Wu. (Steward, H) (Entered: 07/23/2008)
07/23/2008 23 NOTICE OF MOTION AND MOTION to Dismiss Case −Unconstitutional
Delegation of Prosecutorial Power Filed by Defendant Lori Drew Motion set for
hearing on 9/4/2008 at 08:30 AM before Judge George H Wu. (Steward, H) (Entered:
07/23/2008)
07/23/2008 24 NOTICE OF MOTION AND MOTION to CORRECT MOTION to Dismiss Case for
Failure to State an Offense 22 Filed by Defendant Lori Drew Motion set for hearing
on 9/4/2008 at 08:30 AM before Judge George H Wu. (Steward, H) (Entered:
07/23/2008)
08/01/2008 30 MOTION for Leave to File Amicus Brief in Support of Defendant's Motion to
Dismiss Indictment for Failure to State an Offense and Vagueness Filed by Plaintiff
Electronic Frontier Foundation, et al as to Defendant Lori Drew. Motion set for
hearing on 9/4/2008 at 08:30 AM before Judge George H Wu. (es) (Entered:
08/14/2008)
08/11/2008 36 SEALED DOCUMENT − ORDER. AMENDED(FOR NINTH CIRCUIT
APPROVAL) (cbr) (Entered: 09/04/2008)
08/12/2008 26 OPPOSITION to MOTION to CORRECT MOTION to Dismiss Case for Failure to
State an Offense 22 24 filed by Plaintiff USA as to Defendant Lori Drew. (Krause,
Mark) (Entered: 08/12/2008)
08/12/2008 27 OPPOSITION to MOTION to Dismiss Case −Unconstitutional Delegation of
Prosecutorial Power 23 filed by Plaintiff USA as to Defendant Lori Drew. (Krause,
08/12/2008 28 OPPOSITION to MOTION to Dismiss Case for Vagueness 21 filed by Plaintiff USA
as to Defendant Lori Drew. (Krause, Mark) (Entered: 08/12/2008)
08/12/2008 29 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge George H
Wu ORDERING Motion of Electronic Frontier Foundation, et al, for Leave to File
Brief Amici Curiae in Support of Defendant's Motions to Dismiss Indictment for
Failure to State an Offense and Vagueness, received on 8/1/08 to be filed and
processed; filed date to be the date the document was stamped Received but not Filed
with the Clerk. (es) Modified on 8/14/2008 (es). (Entered: 08/14/2008)
08/18/2008 31 REPLY MOTION to Dismiss Case −Unconstitutional Delegation of Prosecutorial
Power 23 , MOTION to Dismiss Case for Failure to State an Offense 22 , MOTION
to Dismiss Case for Vagueness 21 filed by Defendant Lori Drew. (Steward, H)
(Entered: 08/18/2008)
08/19/2008 32 EX PARTE APPLICATION for Issuance of Subpoenas Filed by Defendant Lori
Drew(Steward, H) (Entered: 08/19/2008)
08/19/2008 33 Amendment to EX PARTE APPLICATION for Issuance of Subpoenas 32 filed by
Defendant Lori Drew. Adding Proposed ORDER (Steward, H) (Entered: 08/19/2008)
08/27/2008 34 EX PARTE APPLICATION for Order for Permitting Filing Of Government's
Response To Amicus Brief Filed by Plaintiff USA as to Defendant Lori Drew
(Attachments: # 1 Exhibit A, # 2 Proposed Order)(Krause, Mark) (Entered:
08/27/2008)
08/27/2008 35 RESPONSE to Notice of Document Discrepancies − Granting, 29 ,filed by Plaintiff
USA as to Defendant Lori Drew Government's Response To Amicus Brief (Krause,
APPLICATION for Order Permitting Filing Of Government's Response To Amicus
Brief, 34 . For good cause shown, the government may file its response. Local Rule
11−6 is waived in connection with this filing. (rj) (Entered: 09/04/2008)
09/04/2008 38 ORDER ISSUANCE OF SUBPOENAS DEUCES TECUM by Judge George H Wu
as to Defendant Lori Drew, re EX PARTE APPLICATION for Issuance of Subpoenas
32 . Documents in compliance with this order and subpoenas shall be returned to this
Court at 312 N. Spring St., Courtroom 10, Los Angeles, CA 90012, and only to this
Court, on or before September 16, 2008. (pj) (Entered: 09/05/2008)
09/04/2008 39 MINUTES OF Motion Hearing held before Judge George H. Wu as to Defendant Lori
Drew re: the MOTIONS to Dismiss Case filed on 7/23/2008, 21 22 23 . For reasons
stated on the record, defendant's Motion to Dismiss Indictment for Failure to State an
Offense is taken UNDER SUBMISSION. Defendant's Motion to Dismiss Indictment
as Unconstitutional Delegation of Prosecutorial Power and defendant's Motion to
Dismiss Indictment for Vagueness are DENIED. The Pretrial Conference and Trial
remain as previously set. Court Reporter: John Turman. (rj) (Entered: 09/05/2008)
09/22/2008 40 NOTICE OF MOTION AND MOTION in Limine to Exclude Evidence and
Argument Re: Declinations Filed by Plaintiff USA as to Defendant Lori Drew Motion
set for hearing on 10/8/2008 at 08:00 AM before Judge George H Wu.(Krause, Mark)
(Entered: 09/22/2008)
09/22/2008 41 NOTICE OF MOTION AND MOTION in Limine to Exclude Hearsay Statements
Under Federal Rule of Evidence 802; Memorandum of Points and Authorities Filed
by Plaintiff USA as to Defendant Lori Drew Motion set for hearing on 10/7/2008 at
08:00 AM before Judge George H Wu.(Krause, Mark) (Entered: 09/22/2008)
09/23/2008 42 MINUTES OF Pretrial Conference held before Judge George H Wu as to Defendant
Lori Drew. As stated on the record, the Court orders the parties to submit
supplemental briefing on federalism and interstate issues. The parties are to file a
stipulation and proposed order to include a revised briefing schedule and proposed
trial date(s). The parties are to submit a stipulation, signed by defendant, and proposed
order regarding the waiver of excludable time. Court Reporter: Wil Wilcox. (ca)
(Entered: 09/25/2008)
09/30/2008 43 APPLICATION OF NON−RESIDENT ATTORNEY Orin S. Kerr to Appear Pro Hac
Vice as to Defendant Lori Drew (PHV Fee of $ 185 receipt number
09730000000004335444 paid.) Filed by Defendant Lori Drew (Steward, H) (Entered:
09/30/2008)
10/06/2008 44 RESPONSE to Pretrial Conference, 42 ,filed by Plaintiff USA as to Defendant Lori
Drew (Krause, Mark) (Entered: 10/06/2008)
10/06/2008 45 SUPPLEMENT to MOTION to CORRECT MOTION to Dismiss Case for Failure to
State an Offense 22 24 , MOTION to Dismiss Case for Failure to State an Offense 22
filed by Defendant Lori Drew. (Steward, H) (Entered: 10/06/2008)
10/07/2008 46 STIPULATION to Continue Trial Date and Findings of Excludable Time Periods
Pursuant to Speedy Trial Act from October 7, 2008 to November 18, 2008 filed by
Plaintiff USA as to Defendant Lori Drew (Attachments: # 1 Proposed Order
Continuing Trial Date and Findings Regarding Excludable Time Periods Pursuant to
Speedy Trial Act)(Krause, Mark) (Entered: 10/07/2008)
10/14/2008 47 STIPULATION for Order Protective Order re: Hospital Records filed by Defendant
Lori Drew (Attachments: # 1 Proposed Order)(Steward, H) (Entered: 10/14/2008)
10/14/2008 48 Second EX PARTE APPLICATION for Issuance of Subpoenas Deuces Tecum Filed
by Defendant Lori Drew (Attachments: # 1 Proposed Order, # 2 Subpoena
DT)(Steward, H) (Entered: 10/14/2008)
10/15/2008 49 ORDER TO CONTINUE trial by Judge George H Wu as to Defendant Lori Drew.
The trial in this matter is continued from October 7,2008 to November 18, 2008. THE
COURT FURTHER ORDERS THAT all responses to the Courts order be filed no
later than October 6, 2008. The hearing on said motions is hereby set for October 30,
2008 at 8:30 a.m. Defendant shall appear in Courtroom 10 of the Federal Courthouse,
312 North Spring Street, Los Angeles, California on October 30, 2008, at 8:30 a.m.
unless excused by the Court. (pj) (Entered: 10/16/2008)
10/15/2008 50 ORDER by Judge George H Wu as to Defendant Lori Drew, re APPLICATION OF
NON−RESIDENT ATTORNEY Orin S. Kerr to Appear Pro Hac Vice as to
Defendant Lori Drew (PHV Fee of $ 185 receipt number 09730000000004335444
paid.) 43 . (pj) (Entered: 10/16/2008)
10/19/2008 55 ORDER RE ISSUANCE OF SUBPOENA DEUCES TECUM by Judge George H
Wu as to Defendant Lori Drew, re Second EX PARTE APPLICATION for Issuance
of Subpoenas Deuces Tecum 48 . (pj) (Entered: 10/23/2008)
10/20/2008 51 REPLY Opposition to Govt. Response MOTION to CORRECT MOTION to Dismiss
Case for Failure to State an Offense 22 24 filed by Defendant Lori Drew. (Steward,
H) (Entered: 10/20/2008)
10/20/2008 54 PROTECTIVE ORDER by Judge George H Wu as to Defendant Lori Drew, re
Stipulation for Order 47 . (pj) (Entered: 10/23/2008)
10/22/2008 52 MEMORANDUM in Opposition to MOTION to Dismiss Case −Unconstitutional
Delegation of Prosecutorial Power 23 , MOTION to CORRECT MOTION to
Dismiss Case for Failure to State an Offense 22 24 , MOTION to Dismiss Case for
Failure to State an Offense 22 , MOTION to Dismiss Case for Vagueness 21 filed by
Plaintiff USA as to Defendant Lori Drew. (Krause, Mark) (Entered: 10/22/2008)
10/23/2008 53 GOVERNMENT'S RESPONSE TO DEFENDANT'S SUPPLEMENT TO MOTION
filed by Plaintiff USA as to Defendant Lori Drew (Krause, Mark) (Entered:
10/23/2008)
10/28/2008 56 REPLY MOTION in Limine to Exclude Evidence and Argument Re: Declinations 40
, MOTION in Limine to Exclude Hearsay Statements Under Federal Rule of Evidence
802; Memorandum of Points and Authorities 41 filed by Defendant Lori Drew.
(Steward, H) (Entered: 10/28/2008)
10/30/2008 57 MINUTES OF Defendant's Motion to Dismiss Indictment for Failure to State an
Offense Hearing held before Judge George H Wu as to Defendant Lori Drew. Court
and counsel confer re remaining issues as to Defendant's Motion to Dismiss
Indictment for Failure to State an Offense. The Court sets a Pretrial Conference for
November 10, 2008 at 8:30 a.m. Motions in Limine will be held at the Pretrial
Conference re 40 , 41 . Parties will confer as to the briefing schedule, with the reply to
be filed by no later than November 6, 2008. Court Reporter: Wil Wilcox. (lom)
(Entered: 10/31/2008)
11/02/2008 58 NOTICE OF MOTION AND MOTION in Limine to Exclude Evidence of
Suicide/Death Filed by Defendant Lori Drew(Steward, H) (Entered: 11/02/2008)
11/02/2008 59 NOTICE of Manual Filing of Under Seal Documents filed by Defendant Lori Drew
11/02/2008 99 MINUTES OF Jury Trial − 3rd Day held before Judge George H Wu as to Defendant
Lori Drew. Witnesses called, sworn and testified. Exhibits identified and admitted.
Case continued to 11/21/2008 at 8:45 AM for further trial before Judge George H Wu.
Court Reporter: Wil Wilcox. (es) (Entered: 11/24/2008)
11/05/2008 60 NOTICE of Waiver of Jury Trial filed by Defendant Lori Drew Request for Bench
Trial (Steward, H) (Entered: 11/05/2008)
11/06/2008 61 RESPONSE to Notice (Other) 60 ,filed by Plaintiff USA as to Defendant Lori Drew
(Krause, Mark) (Entered: 11/06/2008)
11/06/2008 62 OPPOSITION to MOTION in Limine to Exclude Evidence of Suicide/Death 58 filed
by Plaintiff USA as to Defendant Lori Drew. (Krause, Mark) (Entered: 11/06/2008)
11/06/2008 63 REPLY in support of its MOTION in Limine to Exclude Evidence and Argument Re:
Declinations 40 , MOTION in Limine to Exclude Hearsay Statements Under Federal
Rule of Evidence 802; Memorandum of Points and Authorities 41 filed by Plaintiff
USA as to Defendant Lori Drew. (Krause, Mark) (Entered: 11/06/2008)

11/10/2008 64 TRIAL MEMORANDUM filed by Plaintiff USA as to Defendant Lori Drew (Krause,
11/10/2008 65 PROPOSED VOIR DIRE QUESTIONS filed by Plaintiff USA as to Defendant Lori
11/10/2008 66 PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Plaintiff USA as to
Defendant Lori Drew (Krause, Mark) (Entered: 11/10/2008)
11/10/2008 67 MEMORANDUM OF LAW filedby Defendant Lori Drew re: Court's Inquiries
11/10/2008 82 MINUTES OF Pretrial Conference held before Judge George H. Wu as to Defendant
Lori Drew. For reasons stated on the record, the Court denies the defendant's request
for a bench trial. The government's MOTION in Limine to Exclude Evidence and
Argument Re: Declinations, 40 , and the government's MOTION in Limine to
Exclude Hearsay Statements Under Federal Rule of Evidence 802, 41 , are
GRANTED. Defendant's MOTION in Limine to Exclude Evidence of Suicide/Death,
58 , is taken UNDER SUBMISSION. The Pretrial Conference is CONTINUED to
11/14/2008 at 02:00 PM. The government will file proposed jury instructions and voir
dire questions by the end of business today. Defendant will respond by no later than
noon on 11/13/2008. The government will provide tentative witness and exhibit lists
to defendant by 11/12/2008. The final Exhibit and Witness Lists are to be filed no
later than 11/17/2008. Court Reporter: Wil Wilcox. (rj) (Entered: 11/15/2008)
11/11/2008 68 PROPOSED VOIR DIRE QUESTIONS filed by Defendant Lori Drew (Steward, H)
(Entered: 11/11/2008)
11/12/2008 69 OBJECTION to Jury Instructions (Proposed) 66 , filed by Defendant Lori Drew
11/12/2008 70 PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Defendant Lori Drew
11/12/2008 72 Order Re: Sealing, by Judge George H Wu as to Defendant Lori Drew. (mat)
(Entered: 11/13/2008)
11/12/2008 73 SEALED DOCUMENT− Exparte Application for Out of District Subpoenas and for
Payment of Travel Expenses. (mat) (Entered: 11/13/2008)
11/12/2008 74 SEALED DOCUMENT− Exparte Application for Out of District Subpoenas and for
Payment of Travel Expenses. (mat) (Entered: 11/13/2008)
11/12/2008 75 NOTICE OF CLERICAL ERROR, as to Defendant Lori Drew: Due to SEALED
DOCUMENT− Exparte Application for Out of District Subpoena and for Payment of
Travel Expenses 74 is a duplicate entry. (mat) (Entered: 11/13/2008)
11/12/2008 76 SEALED DOCUMENT− Order for Out of District Subpoenas and for Payment of
Travel Expenses. (mat) (Entered: 11/13/2008)
11/13/2008 71 RESPONSE to Jury Instructions (Proposed) 70 ,filed by Plaintiff USA as to
Defendant Lori Drew (Krause, Mark) (Entered: 11/13/2008)
11/13/2008 79 Second OPPOSITION to MOTION in Limine to Exclude Evidence of Suicide/Death
58 filed by Plaintiff USA as to Defendant Lori Drew. (Cardona, George) (Entered:
11/13/2008)
11/13/2008 80 NOTICE OF APPEARANCE OR REASSIGNMENT of AUSA Yvonne Leticia
Garcia on behalf of Plaintiff USA. Filed by Plaintiff USA. (Garcia, Yvonne) (Entered:
11/13/2008)
11/13/2008 81 NOTICE OF MOTION AND MOTION to Strike Overt Act 9 From The Indictment
Filed by Plaintiff USA as to Defendant Lori Drew (Attachments: # 1 Proposed
Order)(Garcia, Yvonne) (Entered: 11/13/2008)
Lori Drew. For reasons stated on the record, Plaintiff's MOTION to Strike Overt Act
9 From The Indictment, 81 is GRANTED. Defendant's MOTION in Limine to
Exclude Evidence of Suicide/Death, 58 , is DENIED. Defendant's MOTION to
Dismiss Case for Failure to State an Offense, 22 , is DENIED. Parties will file jury
instructions as to the Motion in Limine by no later than 11/16/2008. The Pretrial
Conference is CONTINUED to 11/17/2008 at 02:00 PM. Court Reporter: Wil
Wilcox. (rj) (Entered: 11/17/2008)
11/15/2008 83 PROPOSED JURY INSTRUCTIONS filed by Plaintiff USA as to Defendant Lori
11/16/2008 84 PROPOSED VOIR DIRE QUESTIONS filed by Plaintiff USA as to Defendant Lori
11/16/2008 85 PROPOSED JURY INSTRUCTIONS (Annotated Supplemental set) filed by
11/16/2008 86 PROPOSED JURY INSTRUCTIONS (Objections to Govt Supple. set) filed by
Lori Drew. Court and counsel confer re: remaining issues. The parties are ordered to
return on 11/18/2008 at 9:00 AM for trial in this matter. Court Reporter: Wil Wilcox.
(rj) (Entered: 11/18/2008)
11/17/2008 91 SEALED DOCUMENT− Order of Out of District Subpoenas and for Payment of
Travel Expenses. (mat) (mat). Modified on 11/20/2008 (mat). (Entered: 11/20/2008)
11/17/2008 92 SEALED DOCUMENT− Order of Out of District Subpoenas and for Payment of
11/18/2008 94 MINUTES OF JURY TRIAL − 1st Day held before Judge George H Wu: Jury
selection begun as to Defendant Lori Drew. Questionnaire given to prospective jurors.
Voir dire process completed. Jury Trial continued to 11/19/2008 at 08:30 AM. Court
Reporters: Wil Wilcox and Pat Cuneo. (ake) (Entered: 11/20/2008)
11/19/2008 95 MINUTES OF Jury Trial − 2nd Day held before Judge George H Wu as to Defendant
Lori Drew. Jury empanelled and sworn. Opening statements made. Witnesses called,
sworn and testified. Exhibits identified and admitted. Jury Trial continued to
11/20/2008 at 10:30 AM. Court Reporters: Wil Wilcox and Pat Cuneo. (ake)
(Entered: 11/20/2008)
11/20/2008 93 NOTICE OF MOTION AND MOTION in Limine to Exclude Defendant's Hearsay
Statements Filed by Plaintiff USA as to Defendant Lori Drew (Attachments: # 1
Proposed Order)(Garcia, Yvonne) (Entered: 11/20/2008)
11/20/2008 100 MINUTES OF Jury Trial − 3rd Day held before Judge George H. Wu as to Defendant
Jury Trial is set for 11/21/2008 at 08:45 AM before Judge George H. Wu. Court
Reporter: Wil Wilcox. (rj) (Entered: 11/24/2008)
11/21/2008 101 MINUTES OF Jury Trial − 4th Day held before Judge George H. Wu as to Defendant
Jury Trial is set for 11/24/2008 at 10:30 AM before Judge George H. Wu. Court
Reporter: Wil Wilcox; Pat Cuneo. (rj) (Entered: 11/24/2008)
11/23/2008 96 NOTICE OF MOTION AND MOTION for Acquittal under Rule 29 FRCP Filed by
11/23/2008 97 OPPOSITION to MOTION for Acquittal under Rule 29 FRCP 96 filed by Plaintiff
USA as to Defendant drew. (Krause, Mark) (Entered: 11/23/2008)
11/23/2008 98 PROPOSED JURY VERDICT filed by Plaintiff USA as to Defendant Lori Drew
11/24/2008 102 MINUTES OF Jury Trial − 5th Day held before Judge George H Wu as to Defendant
Lori Drew. Witnesses called, sworn and testified; closing arguments made; the Court
instructs the jury; the baliff is sworn; the alternates excused and the jury retires to
deliberate. The Jury Trial is continued to 11/25/2008 09:00 AM. Court Reporter: Wil
Wilcox. (ake) (Entered: 11/25/2008)
Lori Drew: The Jury resumes deliberations. The Jury Trial is continued to 11/26/2008
09:00 AM. Court Reporter: Wil Wilcox. (ake) (Entered: 11/26/2008)
11/26/2008 103 NOTICE of Manual Filing of Proposed Order filed by Defendant Lori Drew
Lori Drew: Three and Four. The Jury is deadlocked on Count One.Jury polling is
waived. Filed Witness and Exhibit lists. Filed Jury notes. Filed Jury Instructions. Filed
Jury Verdict. Counsel for defendant indicates that a Motion for a New Trial will be
filed. The Court sets the hearing forDecember 29, 2008 at 8:30 a.m. Parties to confer
as to the briefing schedule. If additional time is necessary, parties may submit a
stipulation and proposed order with new dates. A Status Conference is set for
December 29, 2008 at 8:30 a.m. Defendants Renewed Motion for Judgment of
Acquittal pursuant to FRCrP 29 is taken under submission. Defendant Lori Drews
bond remains as previously set. Court Reporter: Wil Wilcox. (ake) (Entered:
12/02/2008)
11/26/2008 106 LIST OF EXHIBITS AND WITNESSES at trial as to Lori Drew. (lom) (Entered:
12/04/2008)
11/26/2008 107 Jury Instructions (Given) by Judge George H Wu as to Defendant Lori Drew. (lom)
(Entered: 12/04/2008)
11/26/2008 108 Preliminary Instructions as to Defendant Lori Drew, (pg) (Entered: 12/04/2008)
11/26/2008 109 Exparte Application to seal sentencing documents; Proposed Order filed separately,
filed by Defendant Lori Drew.(mat) (Entered: 12/08/2008)
11/26/2008 110 Order filed granting Exparte Application 109 by Judge George H Wu as to Defendant
Lori Drew. (mat) (Entered: 12/08/2008)
11/26/2008 111 SEALED DOCUMENT− Order Re: Witness Travel. (mat) Modified on 12/8/2008
(mat). (Entered: 12/08/2008)
(mat). (Entered: 12/08/2008)
(mat). (Entered: 12/08/2008)
(mat). (Entered: 12/08/2008)
11/26/2008 115 Jury Note (Number: 1) as to Lori Drew (cbr) Modified on 12/9/2008 (cbr). (Entered:
12/09/2008)
11/26/2008 116 Jury Note (Number: 2) as to Lori Drew (cbr) (Entered: 12/09/2008)
11/26/2008 120 JURY VERDICT (cbr) (Entered: 12/09/2008)
12/13/2008 121 NOTICE of Withdrawal of New Trial Motion filed by Defendant Lori Drew (Steward,
H) (Entered: 12/13/2008)
12/15/2008 122 SUPPLEMENT to MOTION for Acquittal under Rule 29 FRCP 96 filed by
Defendant Lori Drew. (Steward, H) (Entered: 12/15/2008)
12/18/2008 123 EX PARTE APPLICATION for Order for Setting A Briefing Schedule On
Defendant's Rule 29 Motion Filed by Plaintiff USA as to Defendant Lori Drew
(Attachments: # 1 Proposed Order)(Krause, Mark) (Entered: 12/18/2008)
Lori Drew.Court and counsel discuss defendants Rule 29 Motion. The hearing on
defendants Rule 29 motion shall be continued to 1/8/09 at 9:00 a.m. The Governments
response shall be electronically filed no later than 1/2/09.Government shall serve a
copy of its response via facsimile to defense counsel, and deliver a courtesy copy
toChambers. Defendant informs the Court that no reply from the defendant will be
forthcoming. Governments Position on Count One shall be filed by 1/2/09. ( Court
Reporter: Maria Bustillos. (pj) (Entered: 12/22/2008)
12/31/2008 125 GOVERNMENT'S RESPONSE TO DEFENDANT'S SUPPLEMENT TO RULE 29
MOTION re MOTION for Acquittal under Rule 29 FRCP 96 filed by Plaintiff USA
as to Defendant Lori Drew. (Krause, Mark) (Entered: 12/31/2008)
12/31/2008 126 EX PARTE APPLICATION for Order for Dismissing Count One of Indictment
Without Prejudice Filed by Plaintiff USA as to Defendant Lori Drew (Attachments: #
1 Proposed Order)(Krause, Mark) (Entered: 12/31/2008)
01/01/2009 127 OPPOSITION to EX PARTE APPLICATION for Order for Dismissing Count One of
Indictment Without Prejudice 126 filed by Defendant Lori Drew. (Steward, H)
(Entered: 01/01/2009)
01/02/2009 128 REPLY MOTION for Acquittal under Rule 29 FRCP 96 filed by Defendant Lori
Drew. (Steward, H) (Entered: 01/02/2009)
01/05/2009 129 EX PARTE APPLICATION for Order for Permitting Filing of Government's
Sur−Reply to Defendant's Supplement to Rule 29 Motion Filed by Plaintiff USA as to
Defendant Lori Drew (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Krause,
APPLICATION for Order for Permitting Filing of Government's Sur−Reply to
Defendant's Supplement to Rule 29 Motion, 129 . For good cause shown, it is ordered
that plaintiff U.S.A. may file its sur−reply brief. (rj) (Entered: 01/12/2009)
Lori Drew. Court hears further oral argument on Defendants Rule 29 Motion. The
Motion remains under submission. Court to issue a ruling. Sentencing is set for April
30, 2009 at 9:00 a.m. IT IS SO ORDERED. Court Reporter: Wil Wilcox. (es)
(Entered: 01/13/2009)
02/20/2009 132 SUPPLEMENT to MOTION for Acquittal under Rule 29 FRCP 96 (SECOND) filed
by Defendant Lori Drew. (SECOND) (Steward, H) (Entered: 02/20/2009)
03/12/2009 133 filed by Plaintiff USA as to Defendant Lori Drew Government's Response To
Defendant's Supplemental Rule 29 Motion Re: Supplement to Motion (CR) 132
03/13/2009 134 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The
following error was found Incorrect event selected. Correct event to be used isMotion
Related Documents or Reply (Motion Related) under Responses/Replies/Other
Motion Related Documents RE: Miscellaneous Document 133 . In response to this
notice the court may order (1) an amended or correct document to be filed (2) the
document stricken or (3) take other action as the court deems appropriate. (pj)
(Entered: 03/13/2009)
03/16/2009 135 ORDER by Javier Gonzalez, Clerk of Court The document is accepted as filed RE:
Response to Rule 29 Motion 133 (es) (Entered: 03/17/2009)
03/31/2009 138 STIPULATION to Continue Sentencing from April 30, 2009 to May 18, 2009 filed
by Plaintiff USA as to Defendant Lori Drew (Attachments: # 1 Proposed Order
Continuing Sentencing)(Krause, Mark) (Entered: 03/31/2009)
04/01/2009 139 ORDER TO CONTINUE sentencing by Judge George H Wu as to Defendant Lori
Drew. Sentencing set for 5/18/2009 09:00 AM before Judge George H Wu. (pj)
(Entered: 04/07/2009)
05/03/2009 142 SENTENCING MEMORANDUM filed by Defendant Lori Drew (Attachments: # 1
Exhibit)(Steward, H) (Entered: 05/03/2009)
05/05/2009 143 NOTICE of Manual Filing of Supplement to Sentencing Brief filed by Defendant Lori
Drew (Steward, H) (Entered: 05/05/2009)
05/06/2009 144 SENTENCING MEMORANDUM filed by Plaintiff USA as to Defendant Lori Drew
05/07/2009 145 Notice and Application to Seal Documents; [Proposed] Order filed separately. (mat)
(Entered: 05/11/2009)
05/07/2009 146 ORDER by Judge George H Wu: granting 145 to Seal Supplement to Sentencing
Brief, as to Lori Drew (1) (mat) (Entered: 05/11/2009)
05/07/2009 147 SEALED DOCUMENT− Supplement to Sentencing Brief. (mat) (Entered:
05/11/2009)
05/11/2009 148 GOVERMENT'S RESPONSE TO DEFENDANT'S SENTENCING
MEMORANDUM filed by Plaintiff USA as to Defendant Lori Drew Re: Sentencing
Memorandum 142 (Krause, Mark) (Entered: 05/11/2009)
05/13/2009 149 RESPONSE filedby Defendant Lori Drew REPLY TO GOVT SENTENCING BRIEF
05/15/2009 150 APPLICATION for Bond Pending Appeal Filed by Defendant Lori Drew Application
set for hearing on 5/18/2009 at 02:00 PM before Judge George H Wu. (Steward, H)
(Entered: 05/15/2009)
05/18/2009 151 NOTICE of Manual Filing of Government's Exparte Application to Seal Documents;
Proposed Order to Seal Documents; Criminal Filing and Proposed Order [Under Seal]
filed by Plaintiff USA as to Defendant Lori Drew (Krause, Mark) (Entered:
05/18/2009)
Drew re: MOTION for Acquittal under Rule 29, 96 . Sentencing is set for 7/2/2009 at
11:00 AM before Judge George H. Wu. Court Reporter: Wil Wilcox. (rj) (Entered:
05/19/2009)
05/20/2009 153 SEALED DOCUMENT− Government's Exparte Application for Order Sealing
Document; Declaration of Mark C. Krause.(mat) (Entered: 05/21/2009)
05/20/2009 154 SEALED DOCUMENT− Order (mat) (Entered: 05/21/2009)
05/20/2009 155 SEALED DOCUMENT− Letter of Ron Meier. (mat) (Entered: 05/21/2009)
06/05/2009 156 NOTICE of Withdrawal of Pro Bono Counsel filed by Defendant Lori Drew
Drew re: MOTION for Acquittal, 96 . The Court tentatively grants 96 Motion for
Acquittal as to counts 2, 3 and 4. The government's request to dismiss count 1 is
granted. The Court will issue a written decision. The bond is exonerated. Court
Reporter: Wil Wilcox. (rj) (Entered: 07/08/2009)
08/05/2009 158 EX PARTE APPLICATION to Modify Conditions of Release Filed by Defendant
Lori Drew (Attachments: # 1 Proposed Order re: Bail Conditions)(Steward, H)
(Entered: 08/05/2009)
08/21/2009 159 TRANSCRIPT filed as to Defendant Lori Drew for proceedings held on 11/19/2008
1:15 PM. Court Reporter: Pat Cuneo, phone number 213−617−1817. Transcript may
be viewed at the court public terminal or purchased through the Court Reporter before
the deadline for Release of Transcript Restriction. After that date it may be obtained
through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction
Request due 9/11/2009. Redacted Transcript Deadline set for 9/21/2009. Release of
Transcript Restriction set for 11/19/2009.(Cuneo, Patricia) (Entered: 08/21/2009)
08/21/2009 160 TRANSCRIPT filed as to Defendant Lori Drew for proceedings held on 11/21/2008
1:24 PM. Court Reporter: Pat Cuneo, phone number 213−617−1817. Transcript may
be viewed at the court public terminal or purchased through the Court Reporter before
the deadline for Release of Transcript Restriction. After that date it may be obtained
through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction
Request due 9/11/2009. Redacted Transcript Deadline set for 9/21/2009. Release of
Transcript Restriction set for 11/19/2009.(Cuneo, Patricia) (Entered: 08/21/2009)
08/21/2009 161 NOTICE OF FILING TRANSCRIPT filed as to Defendant Lori Drew for
proceedings 11/19/2008 1:15 PM, 11/20/2008 1:24 PM (Cuneo, Patricia) (Entered:
08/21/2009)
08/28/2009 162 DECISION ON DEFENDANT'S F.R.CRIM.P. 29(c) MOTION by Judge George H.
Wu as to Defendant Lori Drew (1). The question in the present motion under Federal
Rule of Criminal Procedure ("F.R.Crim.P.") 29(c) is whether an intentional breach of
an Internet website's terms of service, without more, is sufficient to constitute a
misdemeanor violation of the CFAA; and, if so, would the statute, as so interpreted,
survive constitutional challenges on the grounds of vagueness and related doctrines.
The Defendant's motion under F.R.Crim.P. 29(c) 96 is GRANTED. (gk) (Entered:
08/28/2009)
09/25/2009 163 NOTICE OF APPEAL TO APPELLATE COURT (Interlocutory) filed by Plaintiff
USA as to Defendant Lori Drew (Attachments: # 1 Exhibit Decision Granting
Defendants Fed. R. Crim. P. 29(c) Motion)(Raphael, Michael) (Entered: 09/25/2009)
09/25/2009 164 NOTIFICATION by Circuit Court of Appellate Docket Number 09−50479 as to
Defendant Lori Drew, 9th CCA regarding Notice of Appeal − Interlocutory 163 . (car)
(Entered: 09/28/2009)

Docket US v. Drew CD Cal 08-0582

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Case: 2:08-cr-00582-GW As of: 10/15/2009 08:17 PM PDT 1 of 12

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

Case title: USA v. Drew Date Filed: 05/15/2008

Assigned to: Judge George H Wu

Pending Counts Disposition

Highest Offense Level (Opening)

Terminated Counts Disposition

Highest Offense Level (Terminated)

Yvonne Leticia Garcia

Date Filed # Docket Text

USA as to Defendant Lori Drew. (Krause, Mark) (Entered: 11/06/2008)

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