PAGE 1. JOINT STATUS REPORT REGARDING STATUS OF MOTION TO SUPPRESS (DOC. 711)

Lisa Hay

Federal Public Defender

Rich Federico

Assistant Federal Public Defender

101 S.W. Main Street, Suite 1700

Portland, Oregon 97204

(503) 326-2123 Telephone

(503) 326-5524 Facsimile

Lisa_Hay@fd.org

Rich_Federico@fd.org

Attorneys for Defendant Ryan Payne

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 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.

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

JOINT STATUS REPORT 

REGARDING STATUS OF 

MOTION TO SUPPRESS (DOC. 

711)

Case 3:16-cr-00051-BR Document 874 Filed 07/13/16 Page 1 of 3
PAGE 2. JOINT STATUS REPORT REGARDING STATUS OF MOTION TO SUPPRESS (DOC. 711)

The defendants, through AFPD Rich Federico, and the government, through AUSA 

Geoffrey Barrow, submit the following Joint Status Report, in accordance with the Court’s Order 

of July 6, 2016 (Docket No. 846). 

CERTIFICATION OF CONFERRAL: Undersigned counsel certifies that Assistant 

United States Attorney Geoffrey Barrow was consulted regarding the content of this Joint Status 

Report. Both the government and the defense positions are set forth herein.

POSITION OF THE PARTIES

The Court directed the parties to confer again regarding Mr. Payne’s Motion to Suppress 

Seized Emails (Doc. 711). Previously, the government responded that it does not intend to 

introduce at trial any evidence obtained from the email warrant, and that it was not aware of any 

evidence the government obtained as fruits of the returns of the Nevada email warrant (Doc. 794). 

The government made additional inquiries regarding this evidence and determined again 

that it remains unaware of any fruits derived from the 2014 Nevada e-mail warrants. As the 

government will offer no direct or derivative evidence obtained from the email warrants, the parties 

jointly concur that Mr. Payne’s motion is moot. However, the government maintains its 

reservation that it may use the evidence from the email warrant to impeach a defendant at trial, if 

that defendant’s testimony is inconsistent with defendant’s prior statements contained in the 

evidence obtained from the email warrant. Mr. Payne respectfully reserves the right to renew this 

motion if and when any evidence obtained from the email warrant later becomes known to the 

parties and is offered as evidence at trial by the government.

Case 3:16-cr-00051-BR Document 874 Filed 07/13/16 Page 2 of 3
PAGE 3. JOINT STATUS REPORT REGARDING STATUS OF MOTION TO SUPPRESS (DOC. 711)

Respectfully submitted this 13th day of July, 2016.

___________________________

Lisa Hay

Federal Public Defender

Rich Federico

Assistant Federal Public Defender

Attorneys for Mr. Payne

Case 3:16-cr-00051-BR Document 874 Filed 07/13/16 Page 3 of 3