U.S. District Court
District of South Dakota (Western Division)
CRIMINAL DOCKET FOR CASE #: 5:15-mj-00130-DW All Defendants
| Case title: USA v. Demars | Date Filed: 12/14/2015 Date Terminated: 08/04/2016 |
| Assigned to: US Magistrate Judge Daneta Wollmann | ||
| Defendant (1) | ||
| Val H. Demars TERMINATED: 08/04/2016 | represented by | Gary G. Colbath , Jr. Federal Public Defender’s Office Second Floor 703 Main St. Rapid City, SD 57701 343-5110 Fax: 343-1498 Email: Gary_Colbath@fd.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Federal Public Defender |
| Pending Counts | Disposition | |
| Violation #FASW003Y; Blocking Roadway (1) | $100 Fine and $25 Processing Fee | |
| Violation # FASW003Z; Improving Spring to Transfer Water Course (2) | Aquitted | |
| Highest Offense Level (Opening) | ||
| Petty Offense | ||
| Terminated Counts | Disposition | |
| None | ||
| Highest Offense Level (Terminated) | ||
| None | ||
| Complaints | Disposition | |
| None |
| Plaintiff | ||
| USA | represented by | Megan Poppen U.S. Attorney’s Office (Rapid City, SD) Rapid City Office 515 Ninth St. Room 201 Rapid City, SD 57701 605-342-7822 Fax: 605-342-1108 Email: megan.poppen@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Assistant US Attorney
Benjamin D. Patterson |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/10/2015 | 1 | CVB Ticket Nos. FASW003Y and FASW003Z as to Val Demars (1) count(s) 1, 2. (SST) Modified date on 12/14/2015 (SST). (Entered: 12/14/2015) |
| 12/10/2015 | 2 | REDACTED DOCUMENT as to Val Demars. Redacted version of previously filed document 1 CVB Tickets. (SST) Modified date on 12/14/2015 (SST). (Entered: 12/14/2015) |
| 12/10/2015 | 3 | NOTICE of Public Authority Defense Pursuant to Fed. R. Crim. Proc. 12.3 by Val Demars (SST) (Entered: 12/14/2015) |
| 12/10/2015 | 4 | First MOTION to Compel Discovery by Val Demars. (SST) (Entered: 12/14/2015) |
| 12/10/2015 | 5 | MEMORANDUM in Support by Val Demars re 4 First MOTION to Compel Discovery. (SST) (Entered: 12/14/2015) |
| 12/10/2015 | 6 | First MOTION to Continue Trial Date by Val Demars. (SST) (Main Document 6 replaced on 12/15/2015) (SST). (Entered: 12/14/2015) |
| 12/10/2015 | 7 | Certificate of Service by Val Demars re 4 First MOTION to Compel Discovery, 3 Notice of Public Authority Defense Pursuant to Fed. R. Crim. Proc. 12.3, 6 First MOTION to Continue Trial Date, 5 Memorandum in Support of First Motion to Compel Discovery. (SST) (Main Document 7 replaced on 12/15/2015) (SST). (Entered: 12/14/2015) |
| 12/14/2015 | 8 | ORDER granting 6 First Motion to Continue as to Val Demars (1)Petty Offense Trial set for 2/11/2015 at 10:30 AM in Rapid City Courtroom 2 – Room 236* before US Magistrate Judge Daneta Wollmann. Signed by US Magistrate Judge Daneta Wollmann on 12/14/15. (SST) (Entered: 12/14/2015) |
| 12/16/2015 | 9 | RESPONSE by USA as to Val H. Demars 4 MOTION to Compel filed by Val H. Demars (Poppen, Megan) (Entered: 12/16/2015) |
| 12/30/2015 | 10 | REPLY by Val H. Demars to 9 Response filed by USA (Colbath, Gary) (Entered: 12/30/2015) |
| 01/05/2016 | 11 | RESPONSE by USA as to Val H. Demars 4 MOTION to Compel filed by Val H. Demars (Poppen, Megan) (Entered: 01/05/2016) |
| 01/19/2016 | 12 | ORDER granting in part and denying in part 4 Motion to Compel as to Val H. Demars (1). Signed by US Magistrate Judge Daneta Wollmann on 1/19/2016. (YB) (Entered: 01/19/2016) |
| 02/03/2016 | 13 | Second MOTION for Continuance pursuant to 18:3161 by Val H. Demars. (Colbath, Gary) (Entered: 02/03/2016) |
| 02/04/2016 | 14 | ORDER granting 13 Motion for Continuance pursuant to 18:3161 as to Val H. Demars (1) Court Trial set for 4/14/2016 at 10:30 AM in Rapid City Courtroom 2 – Room 236* before US Magistrate Judge Daneta Wollmann. Signed by US Magistrate Judge Daneta Wollmann on 2/3/2015. (YB) (Entered: 02/04/2016) |
| 03/23/2016 | 15 | MOTION to Amend/Correct C.F.R. Subsection on CVB Ticket by USA as to Val H. Demars. (Poppen, Megan) (Entered: 03/23/2016) |
| 03/28/2016 | 16 | First MOTION for Reconsideration re 12 Order on Motion to Compel Discovery by Val H. Demars. (Colbath, Gary) (Entered: 03/28/2016) |
| 03/28/2016 | 17 | MEMORANDUM in Support by Val H. Demars re 16 First MOTION for Reconsideration re 12 Order on Motion to Compel Discovery . (Colbath, Gary) (Entered: 03/28/2016) |
| 04/04/2016 | 18 | RESPONSE by USA as to Val H. Demars 16 First MOTION for Reconsideration re 12 Order on Motion to Compel Discovery filed by Val H. Demars (Poppen, Megan) (Entered: 04/04/2016) |
| 04/11/2016 | Set/Reset Hearings as to Val H. Demars: Motion Hearing set for 4/11/2016 at 01:40 PM in Rapid City Courtroom 2 – Room 236* before US Magistrate Judge Daneta Wollmann (YB) (Entered: 04/11/2016) | |
| 04/11/2016 | 19 | Minute Entry for proceedings held before US Magistrate Judge Daneta Wollmann: Motion Hearing as to Val H. Demars held on 4/11/2016 re 16 First MOTION for Reconsideration re 12 Order on Motion to Compel Discovery filed by Val H. Demars. (Court Reporter FTR.) (TAL) (Entered: 04/11/2016) |
| 04/11/2016 | 20 | ORAL ORDER denying as to Val H. Demars re 16 First MOTION for Reconsideration re 12 Order on Motion to Compel Discovery filed by Val H. Demars Signed by US Magistrate Judge Daneta Wollmann on 4/11/2016. (TAL) (Entered: 04/11/2016) |
| 04/11/2016 | 21 | ORAL SCHEDULING ORDER as to Val H. Demars Motions due by 5/19/2016. Responses due by 6/2/2016. Replies due by 6/9/2016. Court Trial set for 6/27/2016 at 09:00 AM in Rapid City Courtroom 2 – Room 236* before US Magistrate Judge Daneta Wollmann. Signed by US Magistrate Judge Daneta Wollmann on 4/11/2016. (TAL) (Entered: 04/11/2016) |
| 04/11/2016 | 22 | Amended ORAL SCHEDULING ORDER as to Val H. Demars Court Trial set for 7/27/2016 at 09:00 AM in Rapid City Courtroom 2 – Room 236* before US Magistrate Judge Daneta Wollmann.. Signed by US Magistrate Judge Daneta Wollmann on 4/11/2016. (TAL) (Entered: 04/11/2016) |
| 05/25/2016 | 23 | MOTION to Dismiss Count 1 and 2 Violation Notices (Nos. FASW003Y and FASW003Z) by Val H. Demars. (Colbath, Gary) (Entered: 05/25/2016) |
| 05/25/2016 | 24 | MEMORANDUM in Support by Val H. Demars re 23 MOTION to Dismiss Count 1 and 2 Violation Notices (Nos. FASW003Y and FASW003Z) . (Attachments: # 1 Exhibit 1 – Prior Delegations of Authority, # 2 Exhibit 2 – 2015 Delegation of Authority, # 3 Exhibit 3 – Prior Operating Plans, # 4 Exhibit 4 – 2015 Operating Plan, # 5 Exhibit 5 – DeMars Campsite Photo, # 6 Exhibit 6 – USDA FS Groundwater Program, January 2014)(Colbath, Gary) (Entered: 05/25/2016) |
| 05/25/2016 | 25 | AFFIDAVIT in Support by Val H. Demars re 23 MOTION to Dismiss Count 1 and 2 Violation Notices (Nos. FASW003Y and FASW003Z) (Colbath, Gary) (Entered: 05/25/2016) |
| 06/02/2016 | 26 | MOTION to Extend as to 23 MOTION to Dismiss Count 1 and 2 Violation Notices (Nos. FASW003Y and FASW003Z) (Time to Respond) by USA as to Val H. Demars. (Poppen, Megan) (Entered: 06/02/2016) |
| 06/06/2016 | 27 | TEXT ORDER granting 26 Motion to Extend as to Val H. Demars. The Government shall filed its response on or before June 8, 2016. Signed by US Magistrate Judge Daneta Wollmann on 6/6/16. (Wollmann, Daneta) (Entered: 06/06/2016) |
| 06/06/2016 | 28 | MOTION IN LIMINE: Part 1: Public Authority Defense; by USA as to Val H. Demars. (Poppen, Megan) (Main Document 28 replaced on 6/6/2016) (SRB). (Entered: 06/06/2016) |
| 06/06/2016 | 29 | MEMORANDUM in Support by USA as to Val H. Demars re 28 MOTION IN LIMINE: Part 1: Public Authority Defense; . (Poppen, Megan) (Entered: 06/06/2016) |
| 06/07/2016 | 30 | Amended MEMORANDUM in Support by Val H. Demars re 23 MOTION to Dismiss Count 1 and 2 Violation Notices (Nos. FASW003Y and FASW003Z) AMENDED. (Attachments: # 1 Exhibit 1 – Prior Delegations of Authority, # 2 Exhibit 2 – 2015 Delegation of Authority, # 3 Exhibit 3 – Prior Operating Plans, # 4 Exhibit 4 – 2015 Operating Plan, # 5 Exhibit 5 – DeMars Campsite Photo, # 6 Exhibit 6 – USDA FS Groundwater Program, January 2014)(Colbath, Gary) Modified on 6/8/2016 by adding exhibit numbers(SRB). (Entered: 06/07/2016) |
| 06/08/2016 | 31 | MEMORANDUM in Opposition by USA as to Val H. Demars re 23 MOTION to Dismiss Count 1 and 2 Violation Notices (Nos. FASW003Y and FASW003Z) (Poppen, Megan) (Entered: 06/08/2016) |
| 06/08/2016 | 32 | RESPONSE to Motion by Val H. Demars re 28 MOTION IN LIMINE: Part 1: Public Authority Defense; . (Colbath, Gary) (Entered: 06/08/2016) |
| 06/09/2016 | 33 | RESPONSE to Motion by Val H. Demars re 15 MOTION to Amend/Correct C.F.R. Subsection on CVB Ticket . (Colbath, Gary) (Entered: 06/09/2016) |
| 06/09/2016 | 34 | MOTION to Extend Deadline to Reply to Government’s Response to Defendant’s Motion to Dismiss by Val H. Demars. (Colbath, Gary) (Entered: 06/09/2016) |
| 06/10/2016 | 35 | REPLY TO MOTION RESPONSE to Motion by USA as to Val H. Demars re 15 MOTION to Amend/Correct C.F.R. Subsection on CVB Ticket Reply to Response Doc. 33 (Poppen, Megan) (Entered: 06/10/2016) |
| 06/22/2016 | 36 | REPLY TO MOTION RESPONSE to Motion by Val H. Demars re 23 MOTION to Dismiss Count 1 and 2 Violation Notices (Nos. FASW003Y and FASW003Z) (Colbath, Gary) (Entered: 06/22/2016) |
| 07/26/2016 | 37 | SCHEDULING ORDER as to Val H. Demars. Court Trial set for 8/4/2016 at 09:30 AM in Rapid City Courtroom 3/Grand Jury Room – Room 312* before US Magistrate Judge Daneta Wollmann. Signed by US Magistrate Judge Daneta Wollmann on 7/26/16. (TAL) (Entered: 07/26/2016) |
| 07/29/2016 | 38 | MOTION for Transportation of Witness by Val H. Demars. (Attachments: # 1 Text of Proposed Order)(Colbath, Gary) (Entered: 07/29/2016) |
| 08/01/2016 | 39 | MOTION Video Conference Testimony of Jessica Lucas by USA as to Val H. Demars. (Poppen, Megan) (Entered: 08/01/2016) |
| 08/02/2016 | 40 | TEXT ORDER as to Val H. Demars: The Court has previously entered an order setting a court trial for August 4, 2016 at 9:30 a.m. It is ORDERED that both parties shall provide to the Clerk of Court but not file exhibit and witness lists by noon on Wednesday, August 3, 2016, and shall provide a courtesy copy to chambers. Signed by US Magistrate Judge Daneta Wollmann on 8/2/16. (TAL) (Entered: 08/02/2016) |
| 08/02/2016 | 41 | ORDER denying 38 Motion as to Val H. Demars (1). Signed by US Magistrate Judge Daneta Wollmann on 8/2/2016. (SRB) (Entered: 08/02/2016) |
| 08/03/2016 | 42 | NOTICE OF ATTORNEY APPEARANCE: Benjamin D. Patterson appearing for USA. (Patterson, Benjamin) (Entered: 08/03/2016) |
| 08/03/2016 | 43 | TEXT ORDER granting 39 Motion to allow video testimony of Jessica Lucas as to Val H. Demars subject to a successful test call (1). Signed by US Magistrate Judge Daneta Wollmann on 8/3/16. (TAL) (Entered: 08/03/2016) |
| 08/03/2016 | 44 | ORDER granting 15 Motion to Amend CFR Subsection on CVB Ticket as to Val H. Demars (1). Signed by US Magistrate Judge Daneta Wollmann on 8/3/16. (TAL) (Entered: 08/03/2016) |
| 08/03/2016 | 45 | ORDER denying 23 Motion to Dismiss Count(s) as to Val H. Demars. Signed by US Magistrate Judge Daneta Wollmann on 8/3/16. (Wollmann, Daneta) (Entered: 08/03/2016) |
| 08/04/2016 | 46 | TEXT ORDER denying 28 Motion in Limine as to Val H. Demars (1). Signed by US Magistrate Judge Daneta Wollmann on 08/04/2016. (KLK) (Entered: 08/04/2016) |
| 08/04/2016 | 47 | TEXT ORDER granting 34 Motion to Extend as to Val H. Demars (1). Signed by US Magistrate Judge Daneta Wollmann on 08/04/2016 nunc pro tunc 06/09/2016. (KLK) (Entered: 08/04/2016) |
| 08/04/2016 | 48 | Minute Entry for proceedings held before US Magistrate Judge Daneta Wollmann: Court Trial held on 8/4/2016 as to Val H. Demars (Court Reporter FTR.) (KLK) (Entered: 08/04/2016) |
| 08/04/2016 | 49 | EXHIBIT LIST as to Val H. Demars re 48 Court Trial Held. (KLK) (Entered: 08/04/2016) |
| 08/04/2016 | 50 | RECEIPT for payment as to Val H. Demars. Receipt Amount: $125.00. Receipt Number: #SDX500004548. (SRB) (Entered: 08/04/2016) |
| 08/04/2016 | Minute Entry for proceedings held before US Magistrate Judge Daneta Wollmann: Sentencing as to Val H. Demars held on 8/4/2016 for Val H. Demars (1), Count(s) 1, $100 Fine and $25 Processing Fee; Count(s) 2, Aquitted. (Court Reporter FTR.) (KLK) (Entered: 08/04/2016) | |
| 08/04/2016 | 51 | JUDGMENT AND COMMITMENT as to Val H. Demars (1), Count 1, $100 Fine and $25 Processing Fee; Count 2, Aquitted Signed by US Magistrate Judge Daneta Wollmann on 8/4/16. (TAL) (Entered: 08/04/2016) |
| 08/04/2016 | 52 | REDACTED JUDGMENT on CVB Ticket. Personal data identifiers redacted. Signed by US Magistrate Judge Daneta Wollmann on 8/4/16. (TAL) (Entered: 08/04/2016) |
| 08/04/2016 | 53 | JUDGMENT of Acquittal as to Val H. Demars (1), Count 2. Signed by US Magistrate Judge Daneta Wollmann on 8/4/16. (TAL) (Entered: 08/04/2016) |