Judge Troy L. Nunley Disqualification Order Prosecutorial Misconduct-Fraud on the Court

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Home » Judges » All Judges » United States District Judge Troy L. Nunley (TLN)

United States Magistrate Judge Gary S. Austin (GSA)

UNITED STATES DISTRICT JUDGE TROY L. NUNLEY (TLN)

United States Magistrate Judge Dennis L. Beck (DLB)

United States Magistrate Judge Stanley A. Boone (SAB)

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

Courtroom 2, 15th floor

Biography

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

United States Magistrate Judge Craig M. Kellison (CMK) United States Magistrate Judge Barbara A. McAuliffe (BAM) United States District Judge John A. Mendez (JAM)

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United States District Judge Kimberly J. Mueller (KJM)

Michele Krueger

United States Magistrate Judge Kendall J. Newman (KJN)

(916) 930-4163 Court Reporter

United States Magistrate Judge Sheila K. Oberto (SKO)

For court reporter information and to order transcripts click here

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

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Senior United States District Judge William B. Shubb (WBS) United States Recalled Magistrate Judge Sandra M. Snyder (SMS) United States Magistrate Judge Jennifer L. Thurston (JLT) Consent to Proceed Before a Magistrate Judge Contacts

Procedures to be followed in Cases Assigned to Hon. Troy L. Nunley

mkrueger@caed.uscourts.gov

United States District Judge Troy L. Nunley (TLN)

United States Magistrate Judge Michael J. Seng (MJS)

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Deanna Morrison dmorrison@caed.uscourts.gov (916) 930-4630

Standard Information

CALENDAR SCHEDULE

Motion Type: Civil Day: Designated Thursdays* Time: 2:00 p.m.

Courtroom: 2, 15th floor Telephone: (916) 930-4163 *Available civil law and motion dates: January 29; February 12, 26; March 12, 26; April 9, 23; and May 7 and 21, 2015.

***Law & Motion dates are not reserved.***

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Motion Type: Criminal Day: Designated Thursdays Time: 9:30 a.m.

Courtroom: 2, 15th floor Telephone: (916) 930-4163 Criminal Calendar Held on Designated Thursdays at 9:30 a.m. Please contact Courtroom Deputy, Michele Krueger, at (916) 930-4163 for dates.

See Local Rules for proper noticing of motions.

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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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

Plaintiff, v.

ORDER

SIERRA PACIFIC INDUSTRIES, et al.,

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Defendants.

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

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

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

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

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

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

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

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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

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

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

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

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

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

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

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

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

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

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

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

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compromised the judicial process and amounts to an unconscionable scheme designed

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

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

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

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

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

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

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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.

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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.

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

ECF No. 593.

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

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

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Kimberly J. Mueller on November 21, 2014.

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Based upon facts alleged in the Motion and accompanying Declarations and

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

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

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

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

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

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

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

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

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

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

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

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related matters.

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IT IS SO ORDERED. Dated: October 14, 2014

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Home » Judges » All Judges » United States District Judge Troy L. Nunley (TLN) » United States District Judge Troy L Nunley (TLN)

UNITED STATES DISTRICT JUDGE TROY L. NUNLEY (TLN) United States Magistrate Judge Dennis L. Beck (DLB)

Federal Judicial Service:

United States Magistrate Judge Stanley A. Boone (SAB)

U.S. District Court, Eastern District of California

United States Magistrate Judge Edmund F. Brennan (EFB)

Nominated by Barack Obama on June 25, 2012, to a seat vacated by Garland Burrell on July 4, 2012; Confirmed by the Senate March 23, 2013, and received commission on March 26, 2013.

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

United States Magistrate Judge Allison Claire (AC)

Education:

United States Magistrate Judge Carolyn K. Delaney (CKD)

University of California, Hastings College of the Law, J.D. 1990

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

Professional Experience:

St. Mary’s College of California, B.A. 1986

1991 - 1994 Chief United States District Judge Morrison C. England, Jr. (MCE) United States Magistrate Judge Gregory G. Hollows (GGH)

Deputy District Attorney- Alameda County District Attorney’s Office, Oakland, California

1994 - 1996

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

Private practice – Law Offices of Troy L. Nunley, San Leandro, California

United States Magistrate Judge Craig M. Kellison (CMK)

1996 - 1999

United States Magistrate Judge Barbara A. McAuliffe (BAM) United States District Judge John A. Mendez (JAM)

Deputy District Attorney – Sacramento County District Attorney’s Office, Sacramento, California

1999 - 2002 Deputy Attorney General – California Attorney General’s Office, Sacramento, California

United States District Judge Kimberly J. Mueller (KJM) United States Magistrate Judge Kendall J. Newman (KJN)

2002-2013 Judge – Superior Court of California, County of Sacramento

United States District Judge Troy L. Nunley (TLN)

United States Magistrate Judge Sheila K. Oberto (SKO)

Professor – Lincoln Law School, Sacramento, California

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) United States Magistrate Judge Jennifer L. Thurston (JLT)

2006 – Present

Corporations and Business Partnerships