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Home Court filings U.S. v. Evan Edwards Notice of Defendant's Compliance with Court Order [Dkt. 175] — United States v. Evan Ed…

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Notice of Defendant's Compliance with Court Order [Dkt. 175] — United States v. Evan Edwards (a/k/a Ian Heringa) and Joshua Edwards

No. 6:22-cr-00201-AGM-LHP · Doc. 177 · Docket on CourtListener

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Case 6:22-cr-00201-AGM-LHP          Document 177       Filed 05/14/24     Page 1 of 4 PageID 832




                        UNITED STATES DISTRICT COURT
                      FOR THE MIDDLE DISTRICT OF FLORIDA
                               ORLANDO DIVISION

  UNITED STATES OF AMERICA,                   )
                                              )
         Plaintiff,                           )
                                              )
         v.                                   ) Case No. 6:22-cr-00201-WWB-LHP
                                              )
  EVAN EDWARDS,                               )
                                              )
         Defendant.                           )
                                              )

                        NOTICE OF DEFENDANT'S
                 COMPLIANCE WITH COURT ORDER [DKT. 175]

         COMES NOW, the undersigned counsel, and in compliance with this Court’s

  Order dated May 10, 2024, [Dkt. 175] hereby states as follows:

         1.     On May 10, 2024, this Court entered an Order requiring the

  undersigned counsel to keep the Court advised as to the prior Order's requirement

  that the Defendant, inter alia, "shall get himself admitted to the Orlando Regional

  Medical Center" for evaluation and the completion of certain forms. Dkt 175. This

  was to be done "no later than" May 15, 2024. Id.

         2.     Within five (5) minutes of receipt, a member of the office of the

  undersigned1 transmitted the same to the Defendant’s third-party custodian, Mary


  1
   The Court may recall that counsel for the Defendant remains, as of the date of this submission,
  lead defense counsel in a two-week jury trial ongoing in Orange County Circuit Court.
Case 6:22-cr-00201-AGM-LHP      Document 177      Filed 05/14/24   Page 2 of 4 PageID 833




  Jane Edwards, and called to request confirmation of receipt of the same. No call

  back was received until after close of business on May 10, 2024.

        3.     On May 13, 2024, at approximately 5:45 p.m., the undersigned spoke

  with the Defendant’s third-party custodian and requested an update as to her progress

  in compliance with the Court’s Order.

        4.     Ms. Edwards’ response to the undersigned was that her daughter, Joy

  Edwards, visited ORMC that day and its respective, individualized divisions (e.g.,

  Neurology, Orthopedics, and others) in an attempt to discuss possible admission of

  her father for evaluation. Despite a request for confirmation and details of the same,

  none have been provided to the undersigned by Mrs. Edwards nor her daughter.

        5.     During this call, Mrs. Edwards was instructed to await contact from the

  undersigned before transporting the Defendant to ORMC. Mrs. Edwards was further

  instructed that upon transport to ORMC, she must bring with her a copy of the

  medical information forms as supplied by the USMS as well as a copy of the Court’s

  Order dated May 10, 2024.

        6.     On the afternoon of May 14, 2024, Mrs. Edwards informed the office

  of the undersigned that the Defendant was admitted to ORMC for evaluation, in

  compliance with this Court’s Order requiring the same.           This was the first

  communication shared with the office of the undersigned since the telephone call the

  prior evening, despite multiple attempts to contact Mrs. Edwards prior to her taking



                                            2
Case 6:22-cr-00201-AGM-LHP     Document 177    Filed 05/14/24   Page 3 of 4 PageID 834




  Mr. Edwards to ORMC. Based on email traffic from ORMC, it appears that the

  United States and their contacts at ORMC were aware of Mr. Edwards presentation

  at the Emergency Department as well as the terms of the Court's Order of May 10,

  2024, before the undersigned was made aware of the Defendant’s admission to

  ORMC.

        7.    Today, Mrs. Edwards further stated that (a) her husband had been

  "admitted" to ORMC, (b) that the attending physicians had refused to complete the

  requested paperwork, despite having been supplied with this Court's Order of May

  10, 2024, and (c) was discharged from ORMC and returned home.

        WHEREFORE, the undersigned hereby submit the instant notice of

  compliance with this Court’s Order dated May 10, 2024. Dkt. 175.

        Respectfully submitted this 14th day of May, 2024.

                                          /s/ A. Brian Phillips, Esq.
                                          A. BRIAN PHILLIPS, ESQ
                                          912 Highland Avenue
                                          Orlando, Florida 32803
                                          Telephone: (407) 872-0777
                                          Email:
                                          brian.phillips@phillips-law-firm.com
                                          Counsel for Defendant




                                          3
Case 6:22-cr-00201-AGM-LHP      Document 177     Filed 05/14/24   Page 4 of 4 PageID 835




                           CERTIFICATE OF SERVICE

        I HEREBY CERTIFY that on the 14th day of May, 2024, I filed a copy of the

  foregoing with the Clerk of the Court via the CM/ECF system. I further certify that

  opposing counsel to this case received service via hand delivery.

                                  s/A. Brian Phillips
                                  A. BRIAN PHILLIPS, ESQ.
                                  Fla. Bar No. 0067113
                                  A. BRIAN PHILLIPS, P.A.
                                  912 Highland Avenue
                                  Orlando, Florida 32803
                                  Telephone: (407) 872-0777
                                  Telecopier: (407) 872-0704
                                  Email: Brian.Phillips@Phillips-Law-Firm.com
                                  Counsel for Defendant Evan Edwards




                                           4


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