EP : Motion Hearing re 82 Movant PacMar Technologies LLC's… — PPP Attempt Conspiracy Legal Filings (Dkt. 91)

Summary

Minutes of a February 14, 2023 motion hearing before Judge Rom Trader in United States of America v. Martin Kao, Case No. 1:21-cr-00061-LEK, filed as Document 91. The hearing concerned PacMar Technologies LLC's Motion for Return of Property under Rule 41(g) of the Federal Rules of Criminal Procedure, ECF [82]. The court granted the motion and ordered the government, within 30 days, to produce to PacMar all data extracted from an Apple iPhone 11 Pro issued to the defendant during employment with PacMar. It found the phone and data are PacMar's property under company policies the defendant acknowledged, found no reasonable expectation of privacy in the data, and rejected a request to segregate personal from business data. Execution of the order is stayed during any timely appeal to the District Judge.

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Case 1:21-cr-00061-LEK       Document 91      Filed 02/14/23    Page 1 of 2 PageID.530


                                     MINUTES



 CASE NUMBER:            1:21-cr-00061-LEK-1
 CASE NAME:              United States of America v. (1) Martin Kao
 ATTYS FOR PLA:          Craig Nolan*
 ATTYS FOR DEFT:         Victor Bakke*
 ATTYS FOR               Jesse Schiel*
 MOVANT:


       JUDGE:      Rom Trader                    REPORTER:        FTR-Courtroom 5

       DATE:       02/14/2023                    TIME:            9:32 - 10:18 a.m.


COURT ACTION: EP: MOTION HEARING regarding ECF [82] Movant PacMar
Technologies LLC’s (“PacMar’s”) Motion for Return of Property Pursuant to Rule 41(g)
of the Federal Rules of Criminal Procedure (“Motion”) as to DEFENDANT (1)
MARTIN KAO held.

Special appearance by Mike Ozaki*, civil counsel for Defendant Martin Kao.

Defendant is present and not in custody.

Motion Hearing:

The Court takes judicial notice of the records and files and has carefully considered the
Motion ECF [82], Government’s Response ECF [84], Defendant’s Memorandum in
Opposition ECF [89], Movant’s Reply in Support ECF [90], the exhibits and declarations
submitted, applicable legal authority, and the representations and arguments of counsel.

Argument had.

Having carefully considered the merits of the instant Motion, within the context of the
record, applicable legal authority and arguments of counsel, the Court GRANTS the
Motion.

Court ORDERS the Government, within 30 days, to produce to PacMar the entirety of
data extracted from the Apple iPhone 11 Pro (IMEI 353247100759018) (“cellular
phone”) issued to Defendant during his employment with PacMar. The Court adopts
Case 1:21-cr-00061-LEK        Document 91      Filed 02/14/23    Page 2 of 2 PageID.531

arguments and authorities relied upon by Movant and finds the cellular phone and
extracted data are the property of PacMar pursuant to company policies which were
acknowledged by Defendant. Furthermore, the Court finds that Defendant has no
reasonable expectation of privacy with respect to the cellular phone data. The Court
expressly rejects Defendant’s request to segregate personal information/data from
business information/data prior to production to PacMar.

Mr. Schiel to prepare and submit order to the Court's orders box at
Trader_Orders@hid.uscourts.gov within seven (7) days of this hearing.

Defendant reserves the right to appeal the Court’s decision to the District Judge. Should
Defendant file a timely appeal, the Court stays the execution of its order during the period
of appeal.

Defendant to remain on previously imposed conditions of pretrial release.

Submitted by: Lian Abernathy, Courtroom Manager.


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