Opinion
Civil Action No.: 07-CV-267(FLW).
June 5, 2008
Order
This matter having come before the Court on the motions of Wayne R. Bryant and R. Michael Gallagher ("Defendants"), to dismiss all counts in the Indictment; to strike the failure to disclose theory of Counts 1-6; and to sever Counts 1-8, 9-14 and 15-20, as well for separate trials on Counts 1-6; the Court having considered Defendants' moving papers, the Government's opposition, Defendants' replies and supplemental papers; and having heard oral argument on March 11, 2008; and for the reasons stated in the Opinion on this date; and for good cause shown:
IT IS on this 5th day of June, 2008,
ORDERED that Defendants' motions to dismiss Counts 1-8 and Counts 10-20 of the Indictment are denied; Bryant's motion to dismiss Count 9 is granted; and
ORDERED that Defendants' motion to strike the second sentence of paragraph 18 of Counts 1-6 as surplusage, which charges the failure to disclose theory, is granted; Defendants' motion to strike allegations in paragraph 22 of Counts 1-6 is denied; and
ORDERED that Defendants' motions to sever Counts 1-8 and 10-14 are denied; Defendants' motions to sever Counts 15-20 from the trial on Counts 1-8 and 10-14 are granted; and Gallagher's motion for separate trials on Counts 1-6 is denied.