PROTO

U.S. District Court
DISTRICT OF ARIZONA (Phoenix Division)
CRIMINAL DOCKET FOR CASE #: 2:07-cr-00913-JAT-1


Case title: USA v. Alliance Mechanical LLC et al

Date Filed: 08/14/2007
Date Terminated: 07/03/2008

Assigned to: Judge James A Teilborg

Defendant (1)
Alliance Mechanical LLC
TERMINATED: 07/03/2008
represented byJennifer Beth Healey
Harper Christian Dichter & Graif PC
2700 N Central Ave
Ste 1200
Phoenix, AZ 85004
602-792-1700
Fax: 602-792-1710
Email: jhealey@hcdglaw.com
ATTORNEY TO BE NOTICED

Stephen M Dichter
Harper Christian Dichter & Sluga PC
2700 N Central Ave
Ste 1200
Phoenix, AZ 85004
602-792-1700
Fax: 602-792-1710
Email: sdichter@hcdslaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
15:1 Bid-Rigging
(1)
Corporate Dft is hereby placed on probation for a term of ONE (1) YR; S/A: $400.00; FINE: $55,000.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byKalina M Tulley
US DOJ
209 S LaSalle St
Ste 600
Chicago, IL 60604
312-353-3615
Fax: 312-353-1046
Email: kalina.tulley@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Frank J Vondrak
US Dept of Justice
Antitrust Division
209 S La Salle St
Ste 600
Chicago, IL 60453
312-353-7565
Fax: 312-353-1046
Email: frank.vondrak@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/14/20071INDICTMENT as to Alliance Mechanical LLC (1) count(s) 1, and Kendall Pope (2) count(s) 1. (KMG) (Entered: 08/15/2007)
08/17/20075Summons Returned Executed on 8/17/07 as to Alliance Mechanical LLC (MAP) (Entered: 08/21/2007)
08/27/20076NOTICE OF ATTORNEY Notice of Appearance of Co-Counsel Frank J. Vondrak: Frank J Vondrak appearing for USA. (Vondrak, Frank) (Entered: 08/27/2007)
08/27/20077CORPORATE DISCLOSURE STATEMENT by USA as to Alliance Mechanical LLC, Kendall Pope (Tulley, Kalina) (Entered: 08/27/2007)
08/27/20078NOTICE Correction to Line 12 on Page 2 of Corporate Disclosure Statement by USA as to Alliance Mechanical LLC, Kendall Pope re 7 Corporate Disclosure Statement (Tulley, Kalina) (Entered: 08/27/2007)
08/29/20079NOTICE OF ATTORNEY APPEARANCE: Jennifer Beth Healey appearing for Alliance Mechanical LLC and Entry of Plea of Not Guilty (Healey, Jennifer) (Entered: 08/29/2007)
08/29/200713Minute Entry for proceedings held before Judge Edward C Voss: Arraignment as to Alliance Mechanical LLC (1) Count 1 held on 8/29/2007. Dft enters a plea of NOT guilty as to all pending counts. Motions due by 9/12/2007. Jury Trial set for 10/2/2007 at 09:00 AM before Judge James A Teilborg. (Court Reporter COURTSMART). (ESL) (Entered: 08/29/2007)
08/30/200714 MOTION for Protective Order (Agreed-Upon Protective Order) by USA as to Alliance Mechanical LLC, Kendall Pope. (Attachments: # 1 Text of Proposed Order Agreed-Upon Protective Order)(Tulley, Kalina) (Entered: 08/30/2007)
08/31/200715ORDER as to dfts Alliance Mechanical LLC (01) and Kendall Pope (02). Status Conference re: 10/2/07 trial date (1st setting) set for Wednesday, 9/19/2007 at 11:00 AM before Judge James A Teilborg (Courtroom 503). Counsel from out-of-state may appear telephonically for this hearing by calling chambers in a conference call at 602-322-7560 on the date and time of the hearing (ARIZONA TIME). Signed by Judge James A Teilborg on 8/31/07.(TLB ) (Entered: 08/31/2007)
08/31/200716 MOTION to Continue Interim and Trial Dates; Motion toDesignate Case Unusual or Complex by Alliance Mechanical LLC. (Dichter, Stephen) (Entered: 08/31/2007)
08/31/200717NOTICE of Errata by Alliance Mechanical LLC re 1)(Healey, Jennifer) (Entered: 08/31/2007)
09/05/200720CORPORATE DISCLOSURE STATEMENT by Alliance Mechanical LLC (Dichter, Stephen) (Entered: 09/05/2007)
09/06/200721RESPONSE to Motion by USA as to Alliance Mechanical LLC, Kendall Pope re 16 MOTION to Continue Interim and Trial Dates; Motion toDesignate Case Unusual or Complex (Tulley, Kalina) (Entered: 09/06/2007)
09/11/200722ORDER - granting 14 Motion for an Agreed-Upon Protective Order as to dfts Alliance Mechanical LLC (1) and Kendall Pope (2). Signed by Judge James A Teilborg on 9/11/07.(TLB ) (Entered: 09/11/2007)
09/12/200723REPLY TO RESPONSE to Motion by Alliance Mechanical LLC as to Alliance Mechanical LLC, Kendall Pope re 16 MOTION to Continue Interim and Trial Dates; Motion toDesignate Case Unusual or Complex - Defendant's Reply in Support of Motion (Dichter, Stephen) (Entered: 09/12/2007)
09/19/200724Minute Entry for proceedings held before Judge James A Teilborg : Status Conference re: 10/2/07 trial and 16 Defendants' Motion to Designate Case Unusual and Complex; Motion to Continue Interim and Trial Dates as to Alliance Mechanical LLC and Kendall Pope held on 9/19/2007. Court grants continuance of trial to 2/5/08 at 9:00 a.m. Pretrial motions deadline is set for 12/7/07. Court denies Motion to Designate Case Unusual and Complex. Order to follow. (Court Reporter David German). (JIR) (Entered: 09/19/2007)
09/26/200725ORDER granting in part and denying in part 16 Motion to Designate Case Unusual or Coplex; Motion to COntinue Interim and Trial dates. Granting Dfts Motion to Continue Interim and Trial Dates. Trial continued to 02/05/08 at 9:00 am in Phoenix, AZ. Pretrial motions deadline is extended to 12/07/07. Denying Dfts Motion to Designate Case Unusual or Complex. Signed by Judge James A Teilborg on 09/26/07. (ESL) (Entered: 09/26/2007)
12/07/200726First MOTION in Limine To Preclude Defendants from Offering Improper Evidence of Reasonableness, Justification, or Lack of Intent by USA as to Alliance Mechanical LLC, Kendall Pope. (Attachments: # 2 Text of Proposed Order)(Vondrak, Frank) (Entered: 12/07/2007)
12/07/200727First MOTION in Limine For Admission of Guilty Plea, Plea Agreement, and Amnesty Agreement by USA as to Alliance Mechanical LLC, Kendall Pope. (Attachments: # 3 Text of Proposed Order)(Tulley, Kalina) (Entered: 12/07/2007)
12/07/200728First MOTION in Limine To Exclude Improper Evidence and Arguments Designed to Elicit Jury Nullification by USA as to Alliance Mechanical LLC, Kendall Pope. (Attachments: # 2 Text of Proposed Order)(Tulley, Kalina) (Entered: 12/07/2007)
12/28/200729ORDER as to dft Alliance Mechanical LLC and Kendall Pope. Status Conference re: 2/5/08 trial date (2nd setting) set for 1/17/2008 at 04:00 PM before Judge James A Teilborg. Counsel of state counsel may appear telephonically for this status conference. Signed by Judge James A Teilborg on 12/28/07.(TLB, ) (Entered: 12/28/2007)
12/28/200731ORDER granting 30 Motion for Extension of Time In Which to File Responses to the United States' Motions in Limine as to Alliance Mechanical (01) and Kendall Pope (2) to 5:00 p.m., 1/8/2008. No replies will be permitted. Signed by Judge James A Teilborg on 12/28/07.(TLB, ) (Entered: 12/28/2007)
01/08/200832RESPONSE to Motion by Alliance Mechanical LLC, Kendall Pope re 26 MOTION in Limine to Preclude Defendants From Offering Improper Evidence of Reasonableness Justification or Lack of Intent (Kalafat, Jason) (Entered: 01/08/2008)
01/17/200833Minute Entry for proceedings held before Judge James A Teilborg: Status Conference re: 2/5/08 trial date as to dfts Alliance Mechanical LLC (01) and Kendall Pope (02) held on 1/17/2008. Government' having no objection, Defendants to file written motion to continue trial requesting 60 day continuance. Counsel to notify the deputy clerk when ready to set for plea hearing.(Court Reporter David German). (TLB ) (Entered: 01/17/2008)
01/22/200834 MOTION to Continue Trial by Alliance Mechanical LLC as to Alliance Mechanical LLC, Kendall Pope. (Attachments: # 1 Text of Proposed Order Order re: Motion to Continue Trial)(Healey, Jennifer) (Entered: 01/22/2008)
01/24/200835ORDER denying 34 Joint Motion to Continue Trial as to Alliance Mechanical (01) and Kendall Pope (02) without prejudice to defendants re-filing a proper motion. Defendants have failed to cite a statutorily authorized basis for a trial continuance. Signed by Judge James A Teilborg on 1/24/08.(TLB ) (Entered: 01/24/2008)
01/25/200836 MOTION to Continue Trial Defendants' Joint Motion to Continue Trial by Alliance Mechanical LLC as to Alliance Mechanical LLC, Kendall Pope. (Attachments: # 1 Text of Proposed Order)(Healey, Jennifer) (Entered: 01/25/2008)
02/01/200837ORDER - IT IS ORDERED granting Dfts' 36 Joint Motion to Continue Trial as to Alliance Mechanical LLC (1), Kendall Pope (2). IT IS ORDERED continuing trial from 2/5/08 to 4/1/08 at 9:00 a.m. in Phoenix, Arizona as to both dfts. IT IS FURTHER ORDERED extending the time to file pretrial motions to 2/22/08 as to both dfts. Signed by Judge James A Teilborg on 1/31/08.(SAT) (Entered: 02/01/2008)
02/22/200838 IT IS ORDERED as to Alliance Mechanical LLC, Change of Plea Hearing set for 3/6/2008 at 10:00 AM in Courtroom 304, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Edward C Voss.(ECV)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (Entered: 02/22/2008)
02/26/200840 MOTION to Continue Change of Plea Hearing Defendants' Joint Motion to Switch Times for Entry of Guilty Pleas; Agreement of Government by Alliance Mechanical LLC as to Alliance Mechanical LLC, Kendall Pope. (Attachments: # 1 Text of Proposed Order)(Dichter, Stephen) (Entered: 02/26/2008)
02/27/200841ORDER granting dfts Alliance Menchanical LLC (1) and Kendall Pope's 40 Motion to Switch Times for Entry of Guilty Pleas. That the new time for Dft Kendall Pope's plea hearing is 10:00 a.m. and for Dft Alliance Mechanical's plea hearing is 10:30 a.m. on March 6, 2008. Signed by Magistrate Judge Edward C Voss on 2/27/08.(KMG) (Entered: 02/27/2008)
03/06/200846CONSENT OF DEFENDANT Alliance Mechanical LLC AND ORDER OF REFERRAL to Magistrate Judge EDWARD C. VOSS for entry of guilty plea.. Signed by Judge James A Teilborg on 2/21/08.(PKD, ) (Entered: 03/06/2008)
03/06/200847Minute Entry for proceedings held before Magistrate Judge Edward C Voss: Change of Plea Hearing as to Alliance Mechanical LLC held on 3/6/2008, Dave Miller appears as Vice President as the party to enter the plea on behalf of the company Alliance Mechanical LLC enters plea of guilty to count(s) Indictment. See attached Secretary Certificate. Sentencing set for 5/19/2008 04:00 PM before Judge James A Teilborg.(Court Reporter COURTSMART). (Attachments: # 2 Secretary Certificate)(PKD, ) (Entered: 03/06/2008)
03/06/200848MAGISTRATE JUDGE'S FINDINGS & RECOMMENDATIONS UPON A PLEA OF GUILTY AND ORDER as to Alliance Mechanical LLC.. Signed by Magistrate Judge Edward C Voss on 3/6/08.(PKD, ) (Entered: 03/06/2008)
05/09/200850JOINDER by Alliance Mechanical LLC as to Alliance Mechanical LLC, Kendall Curtis Pope (Attachments: # 1 Text of Proposed Order)(Healey, Jennifer) (Entered: 05/09/2008)
05/14/200851ORDER - granting 49 Motion to Continue Sentencing as to Kendall Curtis Pope (2), with Joinder by co-defendant Alliance Mechanical. Sentencing for both defendants reset from 5/19/2008 to 6/30/2008 at 4:00 p.m. Signed by Judge James A Teilborg on 5/14/08.(TLB, ) (Entered: 05/14/2008)
06/30/200858Minute Entry for proceedings held before Judge James A Teilborg: Sentencing as to dft Alliance Mechanical LLC (corporate dft) held on 6/30/2008. Judgment to issue.(Court Reporter David German). (TLB, ) (Entered: 07/02/2008)
06/30/200863PLEA AGREEMENT as to Alliance Mechanical LLC (KMG) (Entered: 07/03/2008)
07/02/200860TRANSCRIPT DESIGNATION AND ORDER FORM by USA as to Alliance Mechanical LLC, Kendall Curtis Pope for proceedings held on 6-30-2008 before Judge Teilborg. (Tulley, Kalina) Modified on 7/3/2008 DOCUMENT DOES NOT CONTAIN A CASE NUMBER (KMG). (Entered: 07/02/2008)
07/03/200861JUDGMENT OF PROBATION ISSUED as to Alliance Mechanical LLC (1), Count(s) 1, Corporate Dft is hereby placed on probation for a term of ONE (1) YR. Signed by Judge James A Teilborg on 7/2/08.(KMG) (Entered: 07/03/2008)
07/10/200864TRANSCRIPT of Proceedings as to Alliance Mechanical LLC, Kendall Curtis Pope re: Sentencing held on 6/30/08 before Judge James A Teilborg. Court Reporter: David C German. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may Transcript Deadline set for 8/11/2008. Release of Transcript Restriction set for 10/8/2008. (BAS, ) (Entered: 07/10/2008)
07/10/200865NOTICE OF FILING OF OFFICIAL TRANSCRIPT (BAS, ) (Entered: 07/10/2008)
04/09/200972RESPONSE to Motion by USA as to Alliance Mechanical LLC, Kendall Curtis Pope re 70 MOTION to Modify Conditions of Release and Special Conditions of Probation, 71 MOTION Motion for Return of Passport United States' Combined Response to Defendant's Motions to Modify Special Conditions of Probation and for Return of Passport (Tulley, Kalina) (Entered: 04/09/2009)