PAGE 1. JOINT STATUS REPORT ON TIMING AND SEQUENCING OF MOTIONS

Amy Baggio, OSB #011920

amy@baggiolaw.com

Baggio Law

621 SW Morrison, Suite 1025

Portland, OR 97205

Tel: (503) 222-9830

Fax: (503) 274-8575

Attorney for Defendant O’Shaughnessy

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

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 

PFEIFER ANDERSON, KENNETH 

MEDENBACH, BLAINE COOPER, 

WESLEY KJAR, COREY LEQUIEU, 

NEIL WAMPLER, JASON CHARLES 

BLOMGREN, DARRYL WILLIAM 

THORN, GEOFFREY STANKE, TRAVIS 

COX, and ERIC LEE FLORES

Defendants.

Case No. 3:16-cr-00051-BR

JOINT STATUS REPORT ON 

TIMING & SEQUENCING OF 

MOTIONS

Case 3:16-cr-00051-BR Document 336 Filed 03/23/16 Page 1 of 7
PAGE 2. JOINT STATUS REPORT ON TIMING AND SEQUENCING OF MOTIONS

The defendants, through Amy Baggio, and the government, through AUSA Craig 

Gabriel, submit the following Joint Status Report On Timing And Sequencing Of Motions, in 

accordance with the Court’s Order of March 9, 2016 (Docket No. 285, Sealed).

CERTIFICATION OF CONFERRAL: Undersigned counsel certifies that Assistant 

United States Attorney Craig Gabriel was provided a copy of, and consulted regarding the 

content of, this Joint Status Report On Timing And Sequencing Of Motions. Both the defense 

and government positions are set forth below. 

I. Defendants’ Requests

A. Groupings For Trial 

Per the Court’s order, the defendants are hereby attempting to set out a case schedule that 

is as reasonable as possible under the circumstances. However, the defendants wish to reserve 

the right to request an earlier trial date, a later trial date, or revisions to the motions schedule

(such as adding additional motions or foregoing motions place-marked in the chart below), 

depending on subsequent or intervening events, including but not limited to, a second 

superseding indictment, review of discovery, motion practice, specific grounds for severance, 

rulings on defendants’ detention status, or by virtue of any other intervening event that requires

an amendment of the schedule as necessary to provide a fair trial and constitutionally sufficient 

representation as required by the Sixth Amendment.

Based on the Superseding indictment and discovery provided to date, the defendants wish 

to revise their requested trial groupings to the following:

Group A – Trial in September 2016 – Def. #1, Ammon Bundy (Arnold & Casey); 

Def. #3, Joseph O’Shaughnessy1 (Baggio); Def. #4, Ryan Payne (Hay & Federico); Def. 

 1 Because counsel for Joseph O’Shaughnessy has been unable to have any communication with 

him since on March 3, 2016, when he was arrested in Phoenix, Arizona, on the Nevada 

Case 3:16-cr-00051-BR Document 336 Filed 03/23/16 Page 2 of 7
PAGE 3. JOINT STATUS REPORT ON TIMING AND SEQUENCING OF MOTIONS

#5, Ryan Bundy2 (Self-Represented, Ludwig as Stand-By); Def. #6, Brian Cavalier 

(Bofferding); Def. #8, Peter Santilli (Coan); Def. #9, Jason Patrick (Kohlmetz); Def. #11, 

Dylan Anderson (Kauffman); Def. #12, Sean Anderson (McHenry); Def. #16, Kenneth 

Mendenbach (Self-Represented, Schindler as Stand-By); Def. #17, Blaine Cooper 

(Shipsey); Def. #18, Wesley Kjar (Halley); Def. #20, Neil Wampler (Maxfield); Def. 

#22, Darryl Thorn (Shertz); and Def. #23, Geoffrey Stanek (Andersen). 

Group B – Trial in January 2017: Def. #19, Cory Lequieu (Pagan).

Group C – Trial in April 2017: Def. #2, Jon Ritzheimer (Wood); Def. #7, Shawna Cox 

(Harris); Def. #10, Duane Ehmer (Audet); Def. #13, David Fry (Olson); Def. #14, Jeff 

Banta (Salisbury); Def. #15, Sandra Anderson (Baaker); Def.#21, Jason Blomgren 

(Rainwater); and Def. #25, Eric Flores (Warren).

Group D – Trial TBD: Def. #24, Travis Cox (Hood) and Def. #26, Jake Ryan 

(Merrithew), neither of whom has been arrested or arraigned.

B. Requested Case Litigation Schedules

1. Defendant’s “Group A” Requested Litigation And Trial Schedule 

Round/Mot Deadline Description

1.A Mot: 

4/28/16

Resp:

5/12/16

Hrg: TBD

Defendants’ Motions To Dismiss The Indictment (Facial 

Challenges)

(Approximately Four Different Motions)

1.B Same as 

1.A

Defendants’ Motion For Bill Of Particulars 

 

indictment, Ms. Baggio can make no representations for Mr. O’Shaughnessy’s behalf other than 

to articulate his wishes as of their last communication. Undersigned counsel seeks leave to 

update Mr. O’Shaughnessy’s position after consulting with her client. 22 Ryan Bundy originally requested placement in the group of defendants proceeding to trial in 

September. Stand-by counsel was unable to consult with him prior to this filing on the specific 

question of whether he continues to desire a trial date in the first setting and requests leave to 

update his position at the April 6, 2016, status conference. 

Case 3:16-cr-00051-BR Document 336 Filed 03/23/16 Page 3 of 7
PAGE 4. JOINT STATUS REPORT ON TIMING AND SEQUENCING OF MOTIONS

Round/Mot Deadline Description

1.C Same as 

1.A

Defendants’ Motion To Dismiss For Lack Of Jurisdiction 

1.D Same as 

1.A

Defendants’ Motion To Strike Surplusage

1.E Same as 

1.A

Defendants’ Motion To Dismiss For Speedy Trial Violations 

1.F Same as 

1.A

Defendants’ Motion To Dismiss For Due Process Violations

2.A Mot: 

6/16/16

Resp: 

6/30/16

Hearing: 

7/7/16

Defendants’ Motions Related To Disputed Discovery Issues 

2.B Same as 

2.A

Defendants’ Motion To Change Venue

2.C Same as 

2.A

Defendant=s Motions To Challenge Discovery 

2.D Same as 

2.A

Defendants’ Motion To Dismiss For Destruction Of Evidence

2.E Same as 

2.A

Defendant=s Motions To Suppress Evidence Obtained In Violation 

Of The Fourth Amendment (Search & Seizure Motions)

Case 3:16-cr-00051-BR Document 336 Filed 03/23/16 Page 4 of 7
PAGE 5. JOINT STATUS REPORT ON TIMING AND SEQUENCING OF MOTIONS

Round/Mot Deadline Description

2.F Same as 

2.A

Defendant=s Motions To Suppress Evidence Obtained In Violation 

Of The Fifth Amendment (Miranda Challenges)

2.G Same as 

2.A

Defendant=s Motions To Suppress Evidence Obtained In Violation 

Of The Sixth Amendment (Right To Counsel, Fair Trial 

Challenges)

2.H Same as 

2.A

Defendants’ Motion(s) To Sever 

2.I Same as 

2.A

Defendants’ Motion(s) For Jury-Related Process Issues 

(Questionnaires, Etc.) 

2.J Same as 

2.A

Defendants’ Motion(s) Related To Grand Jury Problems

2.5 Same as 

2.A

Defendants’ Motion To Dismiss For Selective Prosecution

Pretrial 

Hearing 

Items

Mot: 

8/4/16

Resp: 

8/18/16

Defendant=s First Round Of Motions For Pretrial Determination 

Regarding Appropriate Jury Instructions

8/4/16 Defendant=s First Round Of Motions In Limine

(404(b) Motions, Disclosure Of Witnesses

8/4/16 Simultaneous Filing Of Defense & Government Trial Memoranda, 

Expert Disclosures, Proposed Jury Instructions, Remaining Motions 

Case 3:16-cr-00051-BR Document 336 Filed 03/23/16 Page 5 of 7
PAGE 6. JOINT STATUS REPORT ON TIMING AND SEQUENCING OF MOTIONS

Round/Mot Deadline Description

8/18/16 Motion To Exclude, Or Limit, Testimony Of Government Experts 

Pursuant To Daubert v. Merrell Dow And Request For Hearing

9/1/16 Pretrial Conference

9/6/16 Begin Jury Selection

9/13/16 Trial 

- Government case approximately five weeks

- Defense case approximately two weeks

2. Requested Case Litigation Schedules For Remaining Groups

Defendants who have not requested placement in “Group A” respectfully request for 

additional time in which to review discovery, conduct legal research, and generally prepare their 

cases before they submit a strict schedule for litigation. Several defendants (perhaps all) who do 

not seek a trial in September request the opportunity to participate in the motions litigation as set 

out in the “Group A” proposed schedule. 

/ / / 

/ / / 

/ / / 

/ / / 

/ / / 

Case 3:16-cr-00051-BR Document 336 Filed 03/23/16 Page 6 of 7
PAGE 7. JOINT STATUS REPORT ON TIMING AND SEQUENCING OF MOTIONS

II. Government’s Position As To Requested Litigation And Trial Schedules For 

Defendants

The government has no objection to the proposed schedule as set forth for “Group A”; 

however, the government believes that at this time, all defendants should be set for trial on 

September 6, 2016. While multiple trials may ultimately be necessary in this case, pretrial 

negotiations and motion litigation should precede any motions to sever filed pursuant to Fed. R. 

Crim. P. 14(a).

Respectfully submitted on March 23, 2016.

/s/ Amy Baggio

Amy Baggio, OSB #011920

503-222-9830

Attorney for Defendant O’Shaughnessy

Case 3:16-cr-00051-BR Document 336 Filed 03/23/16 Page 7 of 7