Filed: Aug. 15, 2016
Latest Update: Aug. 15, 2016
Summary: ORDER VACATING RULING ON DEFENDANTS' MOTION TO DISMISS THE MAIL FRAUD COUNTS PHYLLIS J. HAMILTON , District Judge . The court hereby VACATES its ruling denying defendants' motion to dismiss the mail fraud counts, doc. no. 67, in light of the court's ruling earlier today in a related case, United States v. Galloway, et al., CR 14-607 PJH, granting the motion to dismiss the mail fraud counts, or, in the alternative, to strike the omissions theory. Although defendants did not articulate the
Summary: ORDER VACATING RULING ON DEFENDANTS' MOTION TO DISMISS THE MAIL FRAUD COUNTS PHYLLIS J. HAMILTON , District Judge . The court hereby VACATES its ruling denying defendants' motion to dismiss the mail fraud counts, doc. no. 67, in light of the court's ruling earlier today in a related case, United States v. Galloway, et al., CR 14-607 PJH, granting the motion to dismiss the mail fraud counts, or, in the alternative, to strike the omissions theory. Although defendants did not articulate the s..
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ORDER VACATING RULING ON DEFENDANTS' MOTION TO DISMISS THE MAIL FRAUD COUNTS
PHYLLIS J. HAMILTON, District Judge.
The court hereby VACATES its ruling denying defendants' motion to dismiss the mail fraud counts, doc. no. 67, in light of the court's ruling earlier today in a related case, United States v. Galloway, et al., CR 14-607 PJH, granting the motion to dismiss the mail fraud counts, or, in the alternative, to strike the omissions theory. Although defendants did not articulate the same arguments presented in Galloway, the court determines that the mail fraud counts alleged in the indictment here are similar to the mail fraud counts found deficient in Galloway and reinstates the motion to dismiss both in this case and in United States v. Florida, et al., CR 14-582. Accordingly, the ruling in Pretrial Order No. 2 ¶ 2 is VACATED.
Due to the pendency of pretrial motions, the court will hold a status conference with the parties in both this case and in Florida on August 24, 2016, at 1:30 p.m., to discuss the court's ruling in Galloway and whether further briefing is necessary on the reinstated motion to dismiss here.
IT IS SO ORDERED.
