IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

UNITED STATES OF AMERICA, 

Plaintiff, 

v. 

AMMON BUNDY, JON RITZHEIMER, 

JOSEPH O'SHAUGHNESSY, RYAN 

PAYNE, RYAN BUNDY, BRIAN 

CAVALIER, SHAWNA COX, PETER 

SANTILLI, JASON PATRICK, 

DUANE LEO EHMER, DYLAN 

ANDERSON, SEAN ANDERSON, 

DAVID LEE FRY, JEFF WAYNE 

BANTA, SANDRA LYNN ANDERSON, 

KENNETH MEDENBACH, BLAINE 

COOPER, WESLEY KJAR, COREY 

LEQUIEU, NEIL WAMPLER, JASON 

CHARLES BLOMGREN, DARRYL 

WILLIAM THORN, GEOFFREY 

STANEK, TRAVIS COX, ERIC LEE 

FLORES, and JAKE RYAN, 

Defendants. 

BROWN, Judge. 

3:16-cr-00051-BR 

ORDER 

On July 6, 2016, the Court conducted its regular monthly 

Status Hearing at which it addressed a number of issues the 

parties raised since the last Status Hearing on June 15, 2016, 

and to address case-management issues and other trial-preparation 

1 - ORDER 

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matters generally. On the record before the Court and in the 

exercise of its case-management discretion, the Court makes the 

following Order: 

ROUND TWO MOTIONS 

The Court addressed the process that the Court will follow 

to resolve pending Motions and identified the Motions on which 

the Court will conduct oral argument. The parties updated the 

Court regarding Motions that had been resolved through conferral 

between counsel. 

Based on the parties' representation that they have resolved 

the underlying issues in the following Motions, the Court DENIES 

as moot these Motions with leave to renew if a dispute later 

arises between the parties: 

1. Defendant Peter Santilli's Motion (#689) to 

Suppress Eyewitness Identification; 

2. Defendant Joseph O'Shaughnessy's Motion (#738) to 

Suppress Evidence Derived from District of Nevada Facebook 

Warrants; and 

3. Defendant Jason Patrick's Motion (#790) to Compel 

Production of Information Pertaining to Defendants and Witnesses 

Contained Within Law Enforcement Databases as to which the 

government will make its relevant witness disclosures no later 

than July 29, 2016. 

2 - ORDER 

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The Court takes the following Motions under advisement 

without further argument: 

1. Defendant Jon Ritzheimer's Motion (#697) to Compel 

Production of Information Regarding Law Enforcement's Use and 

Display of Force; 

2. Defendant David Lee Fry's Motion (#700) to Compel 

Production of the Investigation of FBI Use of Force in the 

Finicum Shooting; 

3. Defendant Jason Patrick's Motion (#713) for Change 

of Venue; and 

4. Defendant Ryan Payne's Motion (#810) to Sever 

Count Four. 

The Court will conduct oral argument on the following 

Motions on July 18, 2016: 

1. Defendant Ryan Payne's Motion (#711) to Suppress 

Seized Emails. The Court allocates 30 minutes for oral argument 

on this Motion. The Court directs the parties to confer further 

and to advise the Court no later than July 13, 2016, by joint 

status report whether the parties have resolved the Motion and/or 

whether the parties expect an evidentiary hearing is required on 

this Motion. 

2. Defendant Ryan Payne's Motion (#712) to Suppress 

3 - ORDER 

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Facebook Evidence.' The Court allocates 30 minutes for oral 

argument on this Motion. 

3. Defendant David Lee Fry's Motion (#741) to 

Suppress Evidence (Facebook Accounts). The Court allocates 60 

minutes for oral argument on this Motion. 

The Court will determine whether oral argument on July 18, 

2016, will be necessary on Defendant Dylan Anderson's Motion 

(#823) to Compel Production of Nevada Discovery after the Court 

receives the government's response to that Motion on July 8, 

2016. 

In addition, the Court GRANTS Defendant Ryan Payne's Motion 

(#830) for Extension of Time to file an additional motion to 

suppress. The Court directs Defendant Payne to file his 

anticipated Motion no later than July 11, 2016. After conferral 

with the government, Defendant must indicate in his Motion 

whether the parties request an evidentiary hearing as to that 

Motion. The government must respond to Defendant's anticipated 

Motion no later than Noon, July 14, 2016. After the parties have 

fully briefed the anticipated Motion, the Court will advise the 

parties whether the Court expects to conduct oral argument on 

July 18, 2016, in order to resolve the Motion. 

1 At the Status Hearing the parties advised the Court that 

they had resolved the Motion as to evidence seized pursuant to a 

warrant issued in the District of Nevada, but they had not 

resolved the Motion as to evidence seized pursuant to a warrant 

issued in the District of Oregon. 

4 - ORDER 

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All Defendants are welcome, but not required, to attend the 

July 18, 2016, oral argument on these Motions. Any Defendant who 

is currently in custody must advise the Court no later than Noon, 

July 13, 2016, whether he would like to attend the July 18, 2016, 

oral argument. 

The oral argument on July 18, 2016, will begin at 9:30 a.m. 

in Courtroom 13A. The Court will advise the parties of a more 

detailed schedule for oral arguments after all Motions are fully 

briefed. 

DISCOVERY ISSUES RAISED IN JOINT STATUS REPORT (#699) 

At the Status Hearing the parties advised the Court that all 

discovery issues raised in the parties' Joint Status Report 

(#699) were being resolved between the parties with the exception 

of the Motion (#823) to Compel Production of Nevada Discovery 

filed by Defendant Dylan Anderson. The parties, therefore, need 

not file any further joint status reports regarding these 

discovery issues unless and until a ripe dispute arises among the 

parties. No later than July 15, 2016, and after full conferral 

between counsel for the government and the relevant Defendant(s), 

the Court directs the parties to advise the Court whether any 

such issue has arisen. 

The parties also informed the Court that conferral is 

ongoing regarding the government's production of photographs used 

5 - ORDER 

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by government agents to identify Defendants during interviews. 

The Court directs the parties to advise the Court by joint status 

report no later than July 15, 2016, whether this issue has been 

resolved. 

MOTION (#815) TO CONTINUE TRIAL DATE FILED BY 

DEFENDANT AMMON BUNDY AND 

MOTION (#818) TO CONTINUE TRIAL DATE FILED BY RYAN BUNDY 

For the reasons stated on the record and in a formal Order 

to follow, the Court DENIES Arrnnon Bundy's Motion (#815) to 

Continue Trial Date and Ryan Bundy's Motion (#818) to Continue 

Trial Date. 

The Court GRANTS the Motion (#816) for Extension of Time 

filed by Defendant Neil Wampler and the Motion (#820) for 

Extension of Time filed by Defendant Shawna Cox. After conferral 

with the government, Defendants Shawna Cox and Neil Wampler must 

advise the Court no later than July 11, 2016, whether they intend 

to seek a continuance. 

IDENTIFICATION OF CERTAIN GOVERNMENT WITNESSES 

To facilitate the efficient cross-examination by multiple 

Defendants at trial, the Court directs the government to identify 

by letter to all Defendants no later than July 12, 2016, the 

witnesses that the government is certain it will call at the 

September 7, 2016, trial. These disclosures are only intended to 

6 - ORDER 

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assist Defendants in coordinating trial preparation and the 

efficient use of court time while in trial and will not preclude 

the government from calling additional witnesses. 

In due course the Court will ask for the parties' input as 

to the order of cross-examination at trial. 

TRIAL DATE FOR DEFENDANTS WHO HAVE BEEN EXCUSED FROM 

THE SEPTEMBER 7, 2016, TRIAL DATE 

The Court directs those Defendants who have been granted a 

continuance from the September 7, 2016, trial date to file a 

joint status report no later than July 15, 2016, in which they 

advise the Court after conferral with the government of possible 

dates that Defendants propose for the second trial in this case. 

IT IS SO ORDERED. 

DATED this 6th day of July, 2016. 

ANNA J. BROWN 

United States District Judge 

7 - ORDER 

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