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ASTM001815

EXHIBIT 144

F rom:
Sent:

To:
Cc:
Subject:

Hooper, Kathe <0=ASTM/OU=FIRST ADMINISTRATIVE
GROUP/CN=RECIPIENTS/CN=KHOOPER>
Friday, June 5, 2009 8:44 AM
[e-mail]
Sierk, Christine <[e-mail]>
RE: ASTM Copyrights

Dear Mr. Trimble,

This is in response to your emails to Christine Sierk.
Please be advised that ASTM policy does not permit the posting of our material on the public internet.

Should you have any questions, please contact me (phone: [phone], fax: [phone],
e-mail: [e-mail]).
Kind regards,

Kathe Hooper
A5Till International
100 Barr Harbor Drive, PO Box C700
West Conshohocken, PA 19428-2959

phone: [phone]
fax: [phone]
email.- khooper@astmorg

From: Sierk, Christine
Sent: Wednesday, June 03, 2009 2:07 PM
To: Hooper, Kathe
Subject: FW: ASTM Copyrights
Hi Kathe,
They just resent another email, please see below...
Many Thanks and feel better!
Christi

From: Ninja Paintball [mailto:sales©ninjapaintball.com]
Sent: Wednesday, June 03, 2009 1:09 PM
To: Sierk, Christine
Subject: ASTM Copyrights
Christine,

Sorry to bother you but tried to e-mail ASTM and never got a reply.
I am a member for F08-24 Paintball and am having a discussion with some people on a public forum about some
standards. What is the policy of ASTM regarding copying parts of a standard for discussion on the intemet? Do I need
written permission and is there a fee involved?
Thank you for your time,
Ray Trimble
Sales Manager

ASTM095371

Ninja Paintball
186 Virginia Rd.
Crystal Lake, IL 60014
877-NinjaUSA (646-5287)
815-477-0007 ext 306
Fax [phone]
www.ninja_paintball.com

Proudly Made in the USA

ASTM095372

EXHIBIT 145

From:
Sent:

To:
Subject:

Hooper, Kathe </O=ASTM/OU=FIRST ADMINISTRATIVE
GROUP/CN=RECIPIENTS/CN=KHOOPER>
Friday, January 11, 2013 9:48 AM
Koury, Joe <[e-mail]>
RE: Information usage on the interne

Thank so much, Joe!!!
Kathe Hooper
A5TM International
100 Barr Harbor Drive, PO Box C700
West Conshohocken, PA 19428-2959

A EXHIBIT lt:)(
Deln
RPtianWWW.DEPOBOOK.COM

phone: [phone]
fax: [phone]
email: [e-mail]
From: Koury, Joe
Sent: Friday, January 11, 2013 9:28 AM
To: Hooper, Kathe
Subject: RE: Information usage on the internet

Kathe,

Just talked to the chair. He pretty much said if ASTM is fine with this, then he's fine. His only
concern is this person lifting large chunks of info from D2000 and pasting it on the website. I told him
we have the same concerns, but there's nothing yet that indicates this person is going to that.
So I guess your response below is good to go.
Thanks
Joe
From: Hooper, Kathe
Sent: Thursday, January 10, 2013 3:17 PM
To: Koury, Joe
Subject: FW: Information usage on the internet

Hi Joe.

Hate to bug you...Have you had a chance to talk with your committee officers on the email request below?

Thanks. Kathe
From: Hooper, Kathe
Sent: Thursday, December 20, 2012 9:53 AM
To: Koury, Joe
Subject: FW: Information usage on the internet

Hi Joe,

At John's request, I'll wait to hear from you before moving forward.
Have a great day. If I don't see you tomorrow... Merry Christmas!
Kathe

ASTM092006

From: Pace, John
Sent: Thursday, December 20, 2012 9:50 AM
To: Hooper, Kathe
Subject: RE: Information usage on the internet

OK by me after you get input back from Joe and he needs to touch base first with his committee heads. -JP
From: Hooper, Kathe
Senic: Thursday, December 20, 2012 9:27 AM
To: Pace, John; Koury, Joe

Subject: RE: Information usage on the internet

John/Joe,

Thanks for your comments on this request. Unless I hear from you otherwise, I will grant Richard
Ludlam/Eriks UK permission to build the guide on their website around the values and parameters in the
standard and ask that they use the following credit line. "The values in this guide have been extracted, with
permission, from ASTM D2000-12 Standard Classification System for Rubber Products in Automotive
Applications. A copy of the complete standard may be obtained from ASTM, www.astm.org."
will also note that they may not lift any other text, figures or charts from the standard, use our logo, or imply
ASTM endorses or certifies his product.
I

Thanks again. Have a good day. Kathe
From: Pace, John
Wednesday, December 19, 2012 6:36 PM
To: Koury, Joe
Cc: Hooper, Kathe
Subjeci:: FW: Infor ation usage on the internet
Joe-

Just for safety's sake, why don't you touch base with the committee chair of this particular standards activity and make
him aware. There are many many products out there like this in other areas....as long as they don't lift text, figures,
charts, ver batim, and don't claim an official designation status, and don't use our logo, there isn't really too much we
can do other than my recommendation.

John P.
Nsuury, Joe

to;eciii sday, December 19, 2012 4:18 PM
Hooper, Kathe
Pace, John

17,-.)jc: RE: Information usage on the internet

D2000 is a pretty important standard in the rubber industry, so I'm totally in favor of John's suggestion
below regarding the disclaimer.
However, if you both think this doesn't vvarrant time and energy, then I'm fine with that as well.

D2000 is going to be a good seller regardless of what this person does on h s website.
Thanks

ASTM092007

Joe
From: Hooper, Kathe
Sent: Tuesday, December 18, 2012 2:20 PM
To: Koury, Joe
Cc: Pace, John
Subject: RE: Information usage on the internet

Joe, Any comments before I respond?

Thank you. Kathe
Kathe Hooper
ASTIII International
100 Barr Harbor Drive, PO Box C700
West Conshohocken, PA 19428-2959
phone: [phone]

fax: [phone]
email: khooper astm.cys
From: Pace, John
Sent: Wednesday, December 12, 2012 8:20 AM
To: Hooper, Kathe; Koury, Joe
Subject: RE: Information usage on the internet
Kathe/Joe-

I looked briefly but had troubles and didn't spend much time trying to navigate the site. Botton line....he cannot use our
logo and imply ASTM endorses or certifies his product. He cannot use exact text lifted from the standard or replication
of figures and tables as they may possibly reside in the standard (if such is the case). If he has built a product based
around the values and parameters included in the ASTM standard without any violations which I've briefly highlighted
above, although this is a derivative type product and borderline as to stepping on our toes, there isn't much we can do
to legally stop him. We could possibly bluff him and ask him to put a disclaimer that "ASTM has granted him ERIKS
permission to use values from D2000 but for legal and liability purposes, users should reference and confirm results with
the originally published version of ASTM D2000"....but I'm not sure that is worth the time and energy. Is the owner of
this product an active member?
So let me know if you discover more that might push this over the edge into something for which we need to address
and challenge more directly. Otherwise, he has a mouse trap for which if we had the expertise, time, resources, etc, we
possibly should have developed ourselves!!!
Thanks!
John Pace

From: Hooper, Kathe
Sent: Tuesday, December 11, 2012 3:40 PM
To: Pace, John; Koury, Joe
Subject: FW: Information usage on the internet

Hello, John and Joe.

Please see the request below. It appears to me that they are creating a derivative work of the D2000 and that
we should not allow this.
Let me know your thoughts.

ASTM092008

Thank you.
Kathe
Kathe Hooper
A5Tivl International
100 Barr Harbor Drive, PO Box C700
West Conshohocken, PA 19428-2959

phone: [phone]
fax: [phone]
[e-mail]

From: Richard Ludlam Lmailto:[e-mail]]
Sent: Tuesday, December 11, 2012 10:37 AM
To: Hooper, Kathe
Subject: Information usage on the internet
I'd just like to check with you what we need to do to use the information contained within your American Society for
Testing and Materials D-2000 Line call-outs on a web site that guides our customers through the process, we have built a
test area at http://oring,7groove-wizard.eriks.co.uk/ASTMlookup.aspx, this simple screen is something our customers have
asked for but uses your processes and data.
Can you advise if there is any licensing implication please.

Richard Ludlam
Marketing Manager

ERIKS UK
Amber VVay I Halesowen I VVest Midlands I 662 8W0
t 0121 508 6000 I t 0121 508 6255
www eriks co uk

This email and any tiles transmitted with it are confidential and intended solely for the use of the individual or
entity to whom they are addressed.
If you are not the intended recipient, please notify us immediately and do not disclose, distribute, or retain this
email or any part of it.
Unless expressly stated, opinions in this email are those or the individual sender, and not of F. 'n Group.
We believe, but do not warrant, that this email and any attachments are virus free. You must thereibre take full
responsibility for virus checking.
ERIKS Group and its -!,h.icliaries reserve the right to monitor all
communications through their networks.
ERTI(

Compati;:. iiunibei:

Ltd
i 41.338 Registered in England and Wales

Register,d office: ::..mber Way. Halesowen, West Midlands B62 8WG

ASTM092009

EXHIBIT 146
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EXHIBIT 147

ASTM D396 - 98 Standard Specification for Fuel Oils

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1. Scope
1.1 This specification (Note 1) covers grades of fuel oil intended for use in various types of fuel-oilburning equipment under various climatic and operating conditions. These grades are described as
follows:
1.1.1 Grades 1, 1 Low Sulfur, 2 and 2 Low Sulfur are middle distillate fuels for use in domestic and
small industrial burners. Grades 1 and 1 Low Sulfur are particularly adapted to vaporizing type
burners or where storage conditions require low pour point fuel.
1.1.2 Grades 4 (Light) and 4 are heavy distillate fuels or distillate/residual fuel blends used in
commercial/industrial burners equipped for this viscosity range.
1.1.3 Grades 5 (Light), 5 (Heavy), and 6 are residual fuels of increasing viscosity and boiling range,
used in industrial burners. Preheating is usually required for handling and proper atomization.
Note 1--For information on the significance of the terminology and test methods used in this
specification, see Appendix X1.
Note 2--A more detailed description of the grades of fuel oils is given in X1.3.
1.2 This specification is for the use of purchasing agencies in formulating specifications to be
included in contracts for purchases of fuel oils and for the guidance of consumers of fuel oils in the
selection of the grades most suitable for their needs.
1.3 Nothing in this specification shall preclude observance of federal, state, or local regulations
which can be more restrictive.
1.4 All values are stated in SI units and are regarded as standard.
Note 3--The generation and dissipation of static electricity can create problems in the handling of
distillate burner fuel oils. For more information on the subject, see Guide D 4865.
2. Referenced Documents (purchase separately)
ASTM Standards

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ASTM D396 - 98 Standard Specification for Fuel Oils

D56 Test Method for Flash Point by Tag Closed Cup Tester
D86 Test Method for Distillation of Petroleum Products at Atmospheric Pressure
D93 Test Methods for Flash Point by Pensky-Martens Closed Cup Tester
D95 Test Method for Water in Petroleum Products and Bituminous Materials by Distillation
D97 Test Method for Pour Point of Petroleum Products
D445 Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of
Dynamic Viscosity)
D473 Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method
D482 Test Method for Ash from Petroleum Products
D664 Test Method for Acid Number of Petroleum Products by Potentiometric Titration
D1266 Test Method for Sulfur in Petroleum Products (Lamp Method)
D1298 Test Method for Density, Relative Density, or API Gravity of Crude Petroleum and Liquid
Petroleum Products by Hydrometer Method
D2500 Test Method for Cloud Point of Petroleum Products
D4294 Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X-ray
Fluorescence Spectrometry
D4306 Practice for Aviation Fuel Sample Containers for Tests Affected by Trace Contamination
D5854 Practice for Mixing and Handling of Liquid Samples of Petroleum and Petroleum Products
D6892 Test Method for Pour Point of Petroleum Products (Robotic Tilt Method)
D7039 Test Method for Sulfur in Gasoline, Diesel Fuel, Jet Fuel, Kerosine, Biodiesel, Biodiesel
Blends, and Gasoline-Ethanol Blends by Monochromatic Wavelength Dispersive X-ray
Fluorescence Spectrometry
D7094 Test Method for Flash Point by Modified Continuously Closed Cup (MCCCFP) Tester
D7220 Test Method for Sulfur in Automotive, Heating, and Jet Fuels by Monochromatic Energy
Dispersive X-ray Fluorescence Spectrometry
D7371 Test Method for Determination of Biodiesel (Fatty Acid Methyl Esters) Content in Diesel Fuel
Oil Using Mid Infrared Spectroscopy (FTIR-ATR-PLS Method)

Keywords
Burner Fuels - Fuel Oils - Heating And Lighting Fuel Oils - Heavy Distillate Fuels - Liquid Fuels Middle Distillate Fuels - Residual Fuel Oils
ICS Code
ICS Number Code 75.160.20 (Liquid fuels)
UNSPSC Code
UNSPSC Code 15101700(Fuel Oils)

Referencing This Standard
DOI: 10.1520/D0396-98
ASTM International is a member of CrossRef.

Citation Format
ASTM D396-98, Standard Specification for Fuel Oils, ASTM International, West Conshohocken, PA,
2001, www.astm.org
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This nnfamnative annex is hot e port of The :nook/RI:MPS of ibis NAPA document but is included fox infcrmagonal purposes only

Informative Annex K General Categories a Electrical Hazards

K.1 General Categories.

K2 Beane Stsock.

There are three general catelarias of electrical hozando: °lathiest shock atc ffash, and oro blast.

Approximately 30.000 nonfatal ekcbical shock accidente occur each year Tire National Safety Council estimates that about 1030 fatalities each year are due te
electrocution, more than baff af them schfle servicing energized systems oliese than SOO volts.

Electrocution os the fourth tearing cause of Industrial fatalities. sEta traffic. nomicide. and construction accidents. The current required to Hold e TR-watt, 12D.snit lamp.
rpassed acme tire chest. in enough ta cause 2 fatality. The 1112CI damaging patirn through the body are through tire lungs, heart, and brain.

K.3 Arc Flash.

When an otechic currant passes through eh Jalonen targrounded condwaters or between ungrounded cendoctors and grnunded canductors, the temperatures can
leech 35.030F. E:qmsurc to these extrerra temperatures both EMIS the skin tfirectly and causes ignition ct clothing, which adds lo the In. injuTy. The majorty of
hosplal adirissions duelo electrIcal treadercua are from we hash breas, act from shocks. Each your more then 2300 people ere admitted te buen centers with ancore
Bid flash burns-Arc flashes can and do kill at distant.. of 3 m (10 Fi).

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The tremendous temperatures of the aro cause the explosive expansion of both the surrounting air and the metal in Um arc pulir. For exempla. copperexp./ids by
tamor 0167.000 times when it lums-from a solid to svupm.Ths danger associated with this ottpansion is ono of high presmffas, sound, and shrapnel. The high
prosaicrrs con easiy exceed hundreds or even theusar.ds of pounds par square foot, knockirto workers off laddets, rupturing eardrum, and collapsing lungs. lter
sounds associated with these prossures can exceed ISO dB. Flnaity material sed Molten metal ia expelled away from tiro arc m speeds exceetfing 1060 kmihr (700
.141), fast enoUgb for shrapnel to completely penetrate the human body.

E KA Arc Blast.

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Public Comment Suhntission Closing Mae:June 2:7, 2013 era: All Public Comment musa ba racalabd by 500 pm EStrEDST en tire publistIod Closing Data.
Welcome DEBRA BA101
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Harn rd Analysis Wisk Eatitnatinn and Rik FmlboliIKC

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Approximately2,000 nordatal eta:trial shock accidetitioc.cur each year:The National Sak-Vq.o.uncd esdrnated thai about 1000 fataitties each year are.due to et ctrocidirkm more than halt 0.thern White sarirloing
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EXHIBIT 155

Code of Federal Regulations Incorporation by Reference

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Incorporation by Reference
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Contact the agency that issued the
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Incorporation by reference (IBR) allows Federal
agencies to comply with the requirement to
publish rules in the Federal Register and the
Code of Federal Regulations (CFR) by referring
to materials already published elsewhere.
Learn More

Contact the standards organization that
developed and published the material.
Some standards organizations have online reading rooms that are free to the public, to
registered users, or to organization members. Some of the standards incorporated by
reference may be accessible at these standards organization web sites:
ASTM International free online reading room
ASHRAE free resources
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ANSI incorporated by reference (IBR) portal
Underwriters Laboratories standards incorporated by reference

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International Code Council (ICC) free resources
Manufacturers Standardization Society (MSS) reading room
contact aircraft and aircraft parts manufacturers directly.
Some service information incorporated by reference in airworthiness directives may be
available online.

2. You can also find agency phone numbers and other contact information at:
USA.gov
United States Goverment Manual
Federal Citizen Information Center, National Contact Center

3. You may also use the NIST database, Regulatory Standards Incorporated by Reference, for
information on the availability of IBR standards.

http://www.archives.gov/federal-register/cfr/ibr-locations.html#why[12/18/2015 2:25:14 PM]

Code of Federal Regulations Incorporation by Reference

Generally, members of the public must pay a fee to receive a copy of the incorporated material.
If you have difficulty locating the material, contact the regulatory agency that issued the
regulation.

Why is Incorporation by Reference Used?
Incorporation by reference is used primarily to make privately developed technical standards Federally
enforceable. Agency generated documents are presumptively ineligible for incorporation by reference
because that material can and should be published in full text in the Federal Register and CFR.
Agencies are not authorized to incorporate by reference material on their web sites as a substitute for
Federal Register publication.
The legal effect of incorporation by reference is that the material is treated as if it were published in the
Federal Register and CFR. This material, like any other properly issued rule, has the force and effect
of law. Congress authorized incorporation by reference in the Freedom of Information Act to reduce
the volume of material published in the Federal Register and CFR. (See 5 U.S.C. 552(a) and 1 CFR
part 51). Congress gave complete authority to the Director of the Federal Register to determine
whether a proposed incorporation by reference serves the public interest.

Where to Find Materials Incorporated by Reference at NARA Facilities
In most cases, materials incorporated by reference are made available through the standards
organization that developed the standard. Contact the standards organization or other designated
sources through the address listed in the Federal Register or CFR.
However, legal record copies of material incorporated by reference are also filed at the Office of the
Federal Register (OFR) and other NARA facilities. OFR does not distribute IBR materials.
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EXHIBIT 156

Case 5:14-cr-00244 Document 169 Filed 03/10/15 Page 1 of 41 PageID #: 2270

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EXHIBIT 157

Case 5:14-cr-00244 Document 553 Filed 12/10/15 Page 1 of 3 PageID #: 14240

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BECKLEY DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
v.

CRIMINAL ACTION NO. 5:14-cr-00244

DONALD L. BLANKENSHIP,
Defendant.

ORDER
On October 1, 2015, came the United States by R. Booth Goodwin, United States Attorney
for the Southern District of West Virginia, together with Assistant United States Attorneys Steven
R. Ruby, R. Gregory McVey and Gabriele Wohl, and also came the Defendant, Donald L.
Blankenship, in person and by his counsel, William W. Taylor, Blair Gerard Brown, James A.
Walls and Eric R. Delinsky, for trial in the above-styled matter.
Jury selection concluded on October 7, 2015, and the parties presented opening statements
and the United States presented evidence. The United States rested its case on November 16,
2015, at which time the Defendant submitted written and oral motion for judgment of acquittal
pursuant to Rule 29 of the Federal Rules of Criminal Procedure. The Court held the Defendant’s
motion in abeyance. The Defendant rested his case on the same day. On November 17, 2015,
the Court instructed the jury, and the parties presented their closing arguments. The jury began
its deliberations on the same day and subsequently returned a verdict of guilty on December 3,
2015, as to Count One of the Superseding Indictment. The jury found the Defendant not guilty
1

Case 5:14-cr-00244 Document 553 Filed 12/10/15 Page 2 of 3 PageID #: 14241

as to Counts Two and Three of the Superseding Indictment. The verdict was filed on that date.
By order entered on the 9th day of December, 2015, the Court denied the Defendant’s Rule 29
Motion for Judgment of Acquittal on all Counts.
Based on the jury=s verdict, the Court ADJUDGES the Defendant, Donald L. Blankenship,
GUILTY, and he now stands convicted of the misdemeanor offense of Conspiracy, in violation
of 30 U.S.C. ' 820(d) and 18 U.S.C. ' 371, as charged in Count One of the Superseding
Indictment.

Further, the Court ADJUDGES the Defendant, Donald L. Blankenship, NOT

GUILTY of the charges contained in Count Two and Count Three of the Superseding
Indictment.
Pursuant to U.S.S.G. ' 6A1 et seq., and subject to any post-trial motions, it is hereby
ORDERED as follows:
1)

That the Probation Office prepare and forward a draft presentence report to the

United States and counsel for the Defendant no later than February 22, 2016; that the United
States Attorney and counsel for the Defendant file objections to the draft presentence report no
later than March 7, 2016; that the Probation Office submit a final presentence report to the Court
no later than March 21, 2016; and that the United States and counsel for the Defendant file a
sentencing memorandum no later than March 28, 2016. THE AFORESAID PRESENTENCE
REPORT DEADLINES HAVE BEEN ESTABLISHED BY THE COURT AND MAY BE
ALTERED ONLY BY THE COURT.

REQUESTS TO EXTEND ANY DEADLINE

SHALL BE SUBMITTED TO THE COURT IN WRITING IN ADVANCE OF THE
ESTABLISHED DEADLINE. SUCH DEADLINES WILL BE EXTENDED ONLY UPON
GOOD CAUSE SHOWN.
2

Case 5:14-cr-00244 Document 553 Filed 12/10/15 Page 3 of 3 PageID #: 14242

2)

Pursuant to United States v. Booker, 543 U.S. 220 (2005) and United States v.

Hughes, 401 F.3d 540 (4th Cir. 2005), the United States and the Defendant shall file a Sentencing
Memorandum addressing the sentencing factors set forth in 18 U.S.C. ' 3553(a) as may pertain to
this case. The Sentencing Memorandum may also address such other matters not previously
addressed in the form of motions or objections to the Presentence Report and may include
argument as to the appropriate sentence to be imposed. Sentencing Memoranda shall be no more
than ten (10) pages in length.
3)

That final disposition of this matter be scheduled for April 6, 2016, at 10:00 a.m.,

in CHARLESTON, West Virginia1.
4)

That the Defendant be released upon the previously executed bond, subject to the

conditions set forth in the Order Setting Conditions of Release previously filed herein and with the
additional condition that the Defendant shall appear for sentencing on April 6, 2016, at 10:00 a.m.
The Court DIRECTS the Clerk to send a copy of this Order to the Defendant and counsel,
to the United States Attorney, to the United States Probation Office, and to the Office of the United
States Marshal.
ENTER:

1

December 10, 2015

The previously scheduled sentencing date of March 23, 2016, has been modified based on defense counsel’s
scheduling conflict for that date.

3