Judge Edmund F. Brennan Disqualification Order-Prosecutorial Misconduct Cover Up-Fraud on the Court

About

Location

Contact

Website Suggestion?

Search

Home

Judges

Attorney Info

United States Magistrate Judge Gary S. Austin (GSA)

CM/ECF E-Filing

Rules

Forms

Jury Info

Clerk's Office

Careers

Go

Education

Home » Judges » All Judges » United States Magistrate Judge Edmund F. Brennan (EFB)

UNITED STATES MAGISTRATE JUDGE EDMUND F. BRENNAN (EFB) United States Magistrate Judge Dennis L. Beck (DLB)

Robert T. Matsui United States Courthouse 501 I Street Sacramento, CA 95814

Courtroom 8, 13th floor

Biography

United States Magistrate Judge Stanley A. Boone (SAB) United States Magistrate Judge Edmund F. Brennan (EFB) United States Magistrate Judge Edmund F. Brennan (EFB) Senior United States District Judge Garland E. Burrell, Jr. (GEB) United States Magistrate Judge Allison Claire (AC) United States Magistrate Judge Carolyn K. Delaney (CKD) Chief United States Magistrate Judge Dale A. Drozd (DAD)

Chief United States District Judge Morrison C. England, Jr. (MCE) United States Magistrate Judge Gregory G. Hollows (GGH)

JUDGE STAFF Senior United States District Judge Anthony W. Ishii (AWI)

Courtroom Deputy Nic Cannarozzi

United States Magistrate Judge Craig M. Kellison (CMK)

ncannarozzi@caed.uscourts.gov

CALENDAR SCHEDULE Electronic Court Reporter Operator

United States District Judge John A. Mendez (JAM)

Jonathan Anderson

United States District Judge Kimberly J. Mueller (KJM)

(916) 930-4072

janderson@caed.uscourts.gov

Click here to Order Transcript

United States Magistrate Judge Kendall J. Newman (KJN)

Judicial Assistant Tim Hinkle

United States District Judge Troy L. Nunley (TLN)

thinkle@caed.uscourts.gov 916-930-4170

United States Magistrate Judge Sheila K. Oberto (SKO)

Link to Central Violations Bureau (CVB) Collateral Forfeiture (Bail) Schedule

Senior United States District Judge William B. Shubb (WBS)

Motion Type: Criminal Day: Mondays Time: 10:00 a.m.

Courtroom: 8, 13th floor Telephone: (916) 930-4172

*Contact courtroom deputy for available dates.

Judge Brennan's court calendars.

CVB INFORMATION

United States Magistrate Judge Michael J. Seng (MJS)

Motion Type: Civil Day: Wednesdays* Time: 10:00 a.m.

See Local Rules for proper noticing of motions.

United States District Judge Lawrence J. O'Neill (LJO)

United States Magistrate Judge Jennifer L. Thurston (JLT)

Procedures to be followed in Cases Assigned to Hon. Edmund F. Brennan

(916) 930-4172

United States Magistrate Judge Barbara A. McAuliffe (BAM)

United States Recalled Magistrate Judge Sandra M. Snyder (SMS)

CASE MANAGEMENT PROCEDURES

Calendars are subject to last minute changes. Please verify last minute changes with the Courtroom Deputy.

Case 2:09-cv-02445-KJM-EFB Document 603 Filed 10/15/14 Page 1 of 3

1 2 3 4 5 6 7 8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10 11

UNITED STATES OF AMERICA,

12 13 14

No. 2:09-cv-02445-KJM-EFB

Plaintiff, v.

ORDER

SIERRA PACIFIC INDUSTRIES, et al.,

15

Defendants.

16 17

In July 2012, the parties to this action entered into a settlement agreement. See

18

ECF Nos. 577-78, 592. Defendants agreed to pay $55 million to the United States over

19

five years, and Sierra Pacific agreed to transfer 22,500 acres of land through ongoing

20

negotiations. ECF No. 593-3. Thereafter, the Court closed the matter, but retained

21

jurisdiction to enforce the terms of the compromise settlement. Order, ECF No. 592.

22

On October 9, 2014, Defendant Sierra Pacific Industries (“Sierra Pacific�) together

23

with the other named Defendants1 moved to set aside the judgment in this case for fraud

24 25 26 27 28

1

The other named-defendants include Eunice Howell, individually and dba Howell's Forest Harvesting Company ("Howell's"); W.M. Beaty &Associates, Ina (`Beaty") and the following parties (hereinafter collectively "the Landowners"): Ann McKeever Hatch, as Trustee of the Hatch 1987 Revocable Trust; Richard L. Greene, as Trustee of the Hatch Irrevocable Trust; Brooks Walker, Jr., as Trustee of the Brooks Walker, Jr. Revocable Trust, and the Della Walker Van Loben Sels Trust for the Issue of Brooks Walker, Jr.; Brooks Walker, III, Individually and as Trustee of the Clayton Brooks Danielsen Trust, the Myles Walker Danielsen Trust, the Margaret Charlotte Burlock Trust, and the Benjamin Walker Burlock Trust; Leslie Walker, Individually, and as Trustee of the Brooks Thomas Walker Trust, the Susie Kate Walker Trust, and the Della Grace Walker Trust; Wellington Smith Henderson, Jr., as Trustee of the

1

Case 2:09-cv-02445-KJM-EFB Document 603 Filed 10/15/14 Page 2 of 3

1

on the Court under Federal Rule of Civil Procedure 60(d)(3) (the “Motion”). Mot., ECF

2

No. 593. Defendants base their Motion on the grounds that the United States'

3

prosecution of this action constituted a fraud upon the Court when the United States

4

attorneys and the Moonlight Fire investigators and their counterparts in co-pending state

5

actions, operating under a joint prosecution agreement with the United States, advanced

6

a corrupt and tainted prosecution, violated Defendants' due process rights, and engaged

7

in investigatory and prosecutorial misconduct.2 Id. Defendants allege that this

8

misconduct was perpetrated by officers of the Court and ultimately tampered with the

9

administration of justice, in a manner that wronged not only Defendants, but also the

10

Court and the public. Id. According to Defendants, the government's misconduct

11

compromised the judicial process and amounts to an unconscionable scheme designed

12

to improperly influence the Court's decisions in this case.3 Id. In fact, Defendants state

13

that they perceive the Court itself as a victim “as it has neither had the chance to fully

14

assess the trust it naturally placed in certain federal prosecutors nor the ability to do so

15

in the context of all that was eventually discovered about the thoroughly corrupt and

16

financially driven Moonlight Fire investigation.” ECF No. 593-3. Defendants ask that the

17

Court set aside the judgment and the Settlement Agreement and dismiss this action in

18 19 20 21 22 23 24 25 26 27

Henderson Revocable Trust; Elena D. Henderson, Individually; Mark W. Henderson, as Trustee of the Mark W. Henderson Revocable Trust; John C. Walker, Individually, and as Trustee of the Della Walker Van Loben Sels Trust for the Issue of John C. Walker; James A. Henderson, Individually; Charles C. Henderson, as Trustee of the Charles C. and Kirsten Henderson Revocable Trust; Joan H. Henderson, Individually; Jennifer Walker, Individually, and as Trustee of the Emma Walker Silverman Trust, and the Max Walker Silverman Trust; Kirby Walker, Individually; and Lindsey Walker, a.k.a. Lindsey WalkerSilverman, Individually, and as Trustee of the Reilly Hudson Keenan Trust, and the Madison Flanders Keenan Trust.

2

Specifically, Defendants allege, among other things, that the United States presented false evidence to the Defendants and the Court and/or concealed material evidence from the Defendants and the Court; advanced arguments to the Court premised on that false evidence, or for which material evidence had been withheld, and obtaining Court rulings based thereon; prepared key Moonlight Fire investigators for depositions, and allowed them to repeatedly give false testimony about the most important aspects of their investigation; and failed to disclose the facts and circumstances associated with the Moonlight Fire lead investigator's direct financial interest in the outcome of the investigation arising from an illegal bank account that has since been exposed and terminated. ECF No. 593.

3

28

Defendants believe that the circumstances may warrant the appointment of special master.

ECF No. 593.

2

Case 2:09-cv-02445-KJM-EFB Document 603 Filed 10/15/14 Page 3 of 3

1

its entirety. ECF No. 593. Defendant’s Motion is currently set for hearing before Judge

2

Kimberly J. Mueller on November 21, 2014.

3

Based upon facts alleged in the Motion and accompanying Declarations and

4

Exhibits, the impartiality of the District and Magistrate Judges in the Eastern District

5

might reasonably be questioned. Therefore, on the Court’s own motion and pursuant to

6

the Code of Conduct for United States Judge, Canons 2 and 3, in order to avoid the

7

appearance of impropriety, and because a judge has a duty to disqualify him or herself if

8

his or her impartiality could be reasonably questioned, whether or not such impartiality

9

actually exists, the Court recuses itself from the above-captioned case. See 28 U.S.C. §

10

455(a). Accordingly, all District and Magistrate Judges in the Eastern District of

11

California are RECUSED from hearing case number 2:09-cv-02445 and all related

12

matters. This matter is REFERRED to Alex Kozinski, Chief Judge of the United States

13

Ninth Circuit Court of Appeals, for the assignment of a judge other than from the Eastern

14

District of California to sit by designation and hear case number 2:09-cv-02445 and all

15

related matters.

16 17

IT IS SO ORDERED. Dated: October 14, 2014

18 19 20 21 22 23 24 25 26 27 28 3

About

Location

Contact

Website Suggestion?

Search

Home

Judges

Attorney Info

United States Magistrate Judge Gary S. Austin (GSA)

CM/ECF E-Filing

Rules

Forms

Jury Info

Clerk's Office

Careers

UNITED STATES MAGISTRATE JUDGE EDMUND F. BRENNAN (EFB)

United States Magistrate Judge Stanley A. Boone (SAB)

Federal Judicial Service: U. S. District Court, Eastern District of California

United States Magistrate Judge Edmund F. Brennan (EFB)

Appointed United States Magistrate Judge August 21, 2006.

United States Magistrate Judge Edmund F. Brennan (EFB)

Education:

Senior United States District Judge Garland E. Burrell, Jr. (GEB)

Doane College, Cete, NE 1971-1973,

United States Magistrate Judge Allison Claire (AC)

Southwestern University School of Law Los Angeles, CA 1974-1979, J.D

Professional Career: United States Magistrate Judge Carolyn K. Delaney (CKD)

1977 to 1984 Social Security Administration

Chief United States Magistrate Judge Dale A. Drozd (DAD)

1984 to 1988 Honorable Edward J. Garcia, United States District Judge Eastern District of California, Law Clerk

Chief United States District Judge Morrison C. England, Jr. (MCE)

1988 to 1994

United States Magistrate Judge Gregory G. Hollows (GGH)

U.S. Attorney’s Office, Assistant U.S. Attorney

Senior United States District Judge Anthony W. Ishii (AWI)

1994 to 1997

United States Magistrate Judge Craig M. Kellison (CMK)

1997 to 2005

U.S. Attorney’s Office, Deputy Chief, Civil Division

U.S. Attorney’s Office, Chief, Civil Defensive Litigation United States Magistrate Judge Barbara A. McAuliffe (BAM)

2005 to Aug. 21, 2006 U.S. Attorney’s Office, Chief, Civil Division

United States District Judge John A. Mendez (JAM)

United States Magistrate Judge Kendall J. Newman (KJN) United States District Judge Troy L. Nunley (TLN) United States Magistrate Judge Sheila K. Oberto (SKO) United States District Judge Lawrence J. O'Neill (LJO) United States Magistrate Judge Michael J. Seng (MJS) Senior United States District Judge William B. Shubb (WBS) United States Recalled Magistrate Judge Sandra M. Snyder (SMS)

Education

Home » Judges » All Judges » United States Magistrate Judge Edmund F. Brennan (EFB) » United States Magistrate Judge Edmund F. Brennan (EFB)

United States Magistrate Judge Dennis L. Beck (DLB)

United States District Judge Kimberly J. Mueller (KJM)

Go