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United States v. Cadden

United States District Court for the District of Massachusetts

September 30, 2015, Decided; September 30, 2015, Filed

CRIMINAL ACTION NO. 14-10363-RGS

Opinion

MEMORANDUM AND ORDER ON APPEAL OF A DECISION OF THE MAGISTRATE JUDGE

STEARNS, D.J.

This matter is before the court on an appeal of a decision entered by Magistrate Judge Boal on a joint motion brought by all defendants to compel the government to produce six categories of discovery in this complex, document-laden 131-count indictment. A hearing on the appeal was held on September 29, 2015. After considering the parties' arguments and briefs, the appeal will be GRANTED in part, and DENIED in part.1

The six areas in which compelled discovery is sought are as follows:

(1) A list of Bates numbers of the documents (where not previously identified) shown to a witness for review or comment in the interview reports (362 in total) produced by the government;

(2) Documents in the files of various state officials, state agencies, and the federal Drug Enforcement Administration (DEA) gathered contemporaneously with the government's investigation, among them the Attorney General of Michigan, the Massachusetts Department of Health, and the Massachusetts Board of Pharmacy;

(3) A list of the search terms used by the government to capture the 1.1 million emails that were produced to defendants;

(4) A preliminary list of the government's proposed trial exhibits;

(5) An order setting a date "well in advance of trial" [*4]  for the production of Grand Jury transcripts and exhibits; and

(6) A list of "all known Brady material within the government's production."

I will proceed in the order in which the categories were presented, supplementing the Magistrate Judge's analysis only where necessary to explain where I deviate from her conclusions.

Category 1

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2015 U.S. Dist. LEXIS 133048 *; 2015 WL 5737144

UNITED STATES OF AMERICA v. BARRY J. CADDEN and 13 OTHERS

Subsequent History: Motion denied by, in part, Dismissed by, in part United States v. Conigliaro, 2016 U.S. Dist. LEXIS 10853 (D. Mass., Jan. 29, 2016)

Motion denied by United States v. Cadden, 2016 U.S. Dist. LEXIS 58706 (D. Mass., May 3, 2016)

Motion denied by United States v. Cadden, 2016 U.S. Dist. LEXIS 73392 (D. Mass., June 6, 2016)

Motion denied by United States v. Cadden, 2016 U.S. Dist. LEXIS 74089 (D. Mass., June 7, 2016)

Motion denied by United States v. Conigliaro, 2016 U.S. Dist. LEXIS 110020 (D. Mass., Aug. 18, 2016)

Motion denied by United States v. Cadden, 2016 U.S. Dist. LEXIS 125732 (D. Mass., Sept. 15, 2016)

Motion denied by United States v. Cadden, 2016 U.S. Dist. LEXIS 128933 (D. Mass., Sept. 21, 2016)

Dismissed by, in part, Sub nomine at United States v. Chin, 2016 U.S. Dist. LEXIS 137776 (D. Mass., Oct. 4, 2016)

Motion granted by United States v. Cadden, 2016 U.S. Dist. LEXIS 173612 (D. Mass., Dec. 15, 2016)

Motion denied by United States v. Cadden, 2017 U.S. Dist. LEXIS 13146 (D. Mass., Jan. 31, 2017)

Motion granted by, in part, Motion denied by, in part United States v. Cadden, 2017 U.S. Dist. LEXIS 16305 (D. Mass., Feb. 5, 2017)

Motion granted by, in part, Motion denied by, in part United States v. Cadden, 2017 U.S. Dist. LEXIS 16302 (D. Mass., Feb. 6, 2017)

Later proceeding at United States v. Cadden, 2017 U.S. Dist. LEXIS 23875 (D. Mass., Feb. 21, 2017)

Motion granted by, in part, Motion denied by, in part United States v. Cadden, 2017 U.S. Dist. LEXIS 27048 (D. Mass., Feb. 26, 2017)

Motion granted by, Motion denied by United States v. Cadden, 2017 U.S. Dist. LEXIS 74298 (D. Mass., May 16, 2017)

Motion granted by United States v. Cadden, 2017 U.S. Dist. LEXIS 92800 (D. Mass., June 16, 2017)

Motion denied by, Motion for new trial denied by United States v. Cadden, 2017 U.S. Dist. LEXIS 96223 (D. Mass., June 22, 2017)

Later proceeding at United States v. Cadden, 2017 U.S. Dist. LEXIS 158791 (D. Mass., Sept. 27, 2017)

Motion denied by United States v. Conigliaro, 282 F. Supp. 3d 401, 2017 U.S. Dist. LEXIS 167166 (D. Mass., Oct. 10, 2017)

Motion granted by, Motion denied by, Without prejudice United States v. Chin, 2017 U.S. Dist. LEXIS 178429 (D. Mass., Oct. 27, 2017)

Motion denied by United States v. Chin, 2017 U.S. Dist. LEXIS 190272 (D. Mass., Nov. 17, 2017)

Motion granted by, in part, Sub nomine at United States v. Chin, 2018 U.S. Dist. LEXIS 29513 (D. Mass., Feb. 23, 2018)

Later proceeding at United States v. Chin, 2018 U.S. Dist. LEXIS 45055 (D. Mass., Mar. 20, 2018)

Motion granted by United States v. Cadden, 2018 U.S. Dist. LEXIS 76613 (D. Mass., May 7, 2018)

Later proceeding at United States v. Cadden, 2018 U.S. Dist. LEXIS 135010 (D. Mass., Aug. 10, 2018)

Motion denied by, Motion for new trial denied by United States v. Leary, 2019 U.S. Dist. LEXIS 63736 (D. Mass., Apr. 12, 2019)

Motion for new trial denied by, Motion denied by United States v. Svirskiy, 2019 U.S. Dist. LEXIS 63735 (D. Mass., Apr. 12, 2019)

Prior History: United States v. Connolly, 2015 U.S. Dist. LEXIS 192535 (D. Mass., Feb. 11, 2015)

CORE TERMS

discovery, exhibits, work product, search term, interviews