Case title: USA v. Arctic Glacier International Inc |
Date Filed: 09/10/2009 Date Terminated: 03/04/2010 |
| Assigned to: Judge Herman J. Weber | ||
| Appeals court case number: 10-3160 Sixth Circuit Court of Appeals | ||
Defendant (1) |
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Arctic Glacier International Inc
TERMINATED: 03/04/2010 |
represented by | John M Majoras
Jones Day 51 Louisianna Ave, NW Washington, DC 20001-2113 202-879-3939 Email: jmmajoras@jonesday.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
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| 15:1 CONSPIRACY TO RESTRAIN TRADE ANTITRUST VIOLATIONS (1) |
The defendant is hereby SENTENCED to 5 years Probation as to Count 1 of the Information. It is ordered that the defendant shall pay to the United States a SPECIAL ASSESSMENT of $400.00 (due immediately). Fine in the amount of nine (9) million imposed. Payment schedule established by the Court. Defendant advised of Right to Appeal. Judgment Order to issue. | |
Highest Offense Level (Opening) |
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| Felony | ||
Terminated Counts |
Disposition |
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| None | ||
Highest Offense Level (Terminated) |
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| None | ||
Complaints |
Disposition |
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| None |
Movant |
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David F. Axelrod On behalf of The Baron Group, Inc. d/b/a Baron's Ice House, Lawrence J. Acker, Brian W. Buttars, Linda Desmond, James Feeney, Ainello Mancusi, Ron Miastkowski, Perry Peka, Patrick Simasko and Wayne Stanford ("Petitioners") |
represented by | David Freeman Axelrod
Axelrod LLC 137 East State Street Columbus, OH 43215 614-545-6306 Fax: 614-222-2033 Email: david@axelrodohio.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Movant |
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Daniel L. Low On behalf of victims Martin McNulty and Gary Mowery |
represented by | Daniel Low
Kotchen & Low LLP 2300 M. Street NW, Suite 800 Washington, DC 20037 (202) 841-7164 Fax: (202) 280-1128 Email: dlow@kotchen.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Plaintiff |
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| USA | represented by | Kevin C. Culum
U.S. Department of Justice Carl B. Stokes United States Court House 14th Floor 801 W. Superior Avenue Cleveland, OH 44113-1857 216-687-8415 Fax: 216-687-8423 Email: kevin.culum@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/10/2009 | Judge update in case as to Arctic Glacier International Inc. Judge Herman J. Weber added. (art, ) (Entered: 09/11/2009) | |
| 09/10/2009 | 1 | INFORMATION as to Arctic Glacier International Inc (1) count(s) 1. (art, ) (Entered: 09/11/2009) |
| 09/10/2009 | 3 | MOTION to Seal Case by USA as to Arctic Glacier International Inc. (art, ) (Entered: 09/11/2009) |
| 09/10/2009 | 4 | ORDER granting USA's 3 Motion to Seal Case as to Arctic Glacier International Inc (1). Signed by Magistrate Judge Timothy S Hogan on 9/10/2009. (art, ) (Entered: 09/11/2009) |
| 09/15/2009 | 5 | ORDER: Arraignment and Plea scheduled for 10/1/09 at 2:30 p.m. as to Arctic Glacier International Inc. Signed by Judge Herman J. Weber on 9/15/09. (do1, ) (Entered: 09/15/2009) |
| 09/18/2009 | 6 | ORDER: Pursuant to the request by counsel for the government, the Arraignment and Plea scheduled for October 1, 2009 is VACATED as to Arctic Glacier International Inc. Signed by Judge Herman J. Weber on 9/18/09. (do1, ) (Entered: 09/18/2009) |
| 09/22/2009 | 7 | ORDER: Parties are advised that the above styled case is SCHEDULED for an Arraignment and Plea on Tuesday, October 27, 2009 at 3:30 p.m. as to Arctic Glacier International Inc. Signed by Judge Herman J. Weber on 9/22/09. (do1) (Entered: 09/22/2009) |
| 10/09/2009 | 8 | ELEMENTS OF THE OFFENSE as to Arctic Glacier International Inc (sct1) (Entered: 10/09/2009) |
| 10/13/2009 | 9 | MOTION to Unseal Case by USA as to Arctic Glacier International Inc. (sct1) (Entered: 10/13/2009) |
| 10/13/2009 | 10 | ORDER granting 9 Motion to Unseal Case as to Arctic Glacier International Inc (1). Signed by Judge Herman J. Weber on 10/13/09. (sct1) (Entered: 10/13/2009) |
| 10/13/2009 | 11 | PLEA AGREEMENT as to Arctic Glacier International Inc (sct1) (Entered: 10/13/2009) |
| 10/23/2009 | 12 | MOTION for Victim Rights to Establish Procedure for Crime Victim Notification by USA as to Arctic Glacier International Inc. (Culum, Kevin) (Entered: 10/23/2009) |
| 10/27/2009 | 13 | Emergency MOTION for Victim Rights by Baron Group, Inc., et al by USA, Arctic Glacier International Inc as to Arctic Glacier International Inc. (Axelrod, David) (Entered: 10/27/2009) |
| 10/27/2009 | 14 | DECLARATION of Matthew S. Wild in Support of 13 Emergency MOTION for Victim Rights. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Axelrod, David) Modified to clarify docket text and create link to motion on 10/29/2009 (mtw1). (Entered: 10/27/2009) |
| 10/27/2009 | 15 | NOTICE of Appearance by David F. Axelrod by Arctic Glacier International Inc (Axelrod, David) (Entered: 10/27/2009) |
| 10/27/2009 | 16 | Minute Entry for proceedings held before Judge Herman J. Weber:Case called for Arraignment and Formal Plea on a One Count Information. Waiver of Indictment executed. Hearing recessed to 11/10/09 at 10:00 a.m. (Court Reporter L. Lavin (Official).) (do) (Entered: 10/28/2009) |
| 10/27/2009 | 17 | WAIVER OF INDICTMENT by Arctic Glacier International Inc (do) (Entered: 10/28/2009) |
| 10/28/2009 | 18 | ORDER: Pursuant to the record established in open Court on October 27, 2009, this matter is RECESSED to November 10, 2009, at 10:00 a.m. Signed by Judge Herman J. Weber on 10/28/09. (do) (Entered: 10/28/2009) |
| 10/28/2009 | 19 | NOTICE: Written Consent of Directors by Arctic Glacier International Inc (do) (Entered: 10/28/2009) |
| 11/09/2009 | 20 | TRANSCRIPT
of Proceedings as to Arctic Glacier International Inc held on 10/27/09
before Judge Herman J. Weber. Court Reporter/Transcriber: L. Lavin
(Official), Telephone number 513/564-7675. 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 be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 11/27/2009. Redacted Transcript Deadline set for 12/7/2009. Release of Transcript Restriction set for 2/4/2010. (do) (Entered: 11/09/2009) |
| 11/10/2009 | 21 | Minute Entry for Arraignment proceedings (day 2 - continued from October 27, 2009)held before Judge Herman J. Weber:Arraignment as to Arctic Glacier International Inc (1) Count 1 held on 11/10/2009. Corporate Representative present with counsel. Corporate Representative sworn. One-Count Information and Plea agreement read in its entirety. PLEA:GUILTY TO COUNT ONE OF THE INFORMATION. PLEA OF GUILTY ACCEPTED BY THE COURT.Case referred to probation for p.s.i. Sentencing set for Thursday, February 11, 2010 at 10AM. (Court Reporter L. Lavin (Official).) (do) (Entered: 11/10/2009) |
| 11/10/2009 | 22 | ORDER: Parties are hereby advised that the above styled case is SCHEDULED for a Sentencing Hearing on Thursday, February 11, 2010 at 10:00 a.m.as to Arctic Glacier International Inc. Signed by Judge Herman J. Weber on 11/10/09. (do) (Entered: 11/10/2009) |
| 11/10/2009 | 23 | NOTICE of Presentence Investigation and Disclosure as to Arctic Glacier International Inc (do) (Entered: 11/10/2009) |
| 11/12/2009 | 24 | ORDER granting 12 Motion to establish procedure for Crime Victim notification. Signed by Judge Herman J. Weber on 11/10/09. (do) (Entered: 11/12/2009) |
| 11/12/2009 | 25 | ORDER granting in part and denying in part 13 Emergency Motion for a Declaration Under the Crime Victims Rights Act. Signed by Judge Herman J. Weber on 11/10/09. (do) (Entered: 11/12/2009) |
| 11/17/2009 | 26 | TRANSCRIPT
of Proceedings (Day 2) of Arraignment/Plea as to Arctic Glacier
International Inc held on 11/10/09 before Judge Herman J. Weber. Court
Reporter/Transcriber: Luke Lavin (Official), Telephone number
513/564-7675. 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 be obtained
through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 12/7/2009. Redacted Transcript Deadline set for 12/15/2009. Release of Transcript Restriction set for 2/12/2010. (do) (Entered: 11/17/2009) |
| 12/30/2009 | 27 | MOTION to Unseal Document Presentence Investigation by David F. Axelrod as to Arctic Glacier International Inc. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order) (Axelrod, David) (Entered: 12/30/2009) |
| 12/30/2009 | 28 | MOTION For enlargement of time to file objections to presentence investigation report by David F. Axelrod as to Arctic Glacier International Inc. (Attachments: # 1 Text of Proposed Order) (Axelrod, David) (Entered: 12/30/2009) |
| 01/07/2010 | 29 | RESPONSE to Motion by USA as to Arctic Glacier International Inc re 27 MOTION to Unseal Document Presentence Investigation, 28 MOTION For enlargement of time to file objections to presentence investigation report (Culum, Kevin) (Entered: 01/07/2010) |
| 01/11/2010 | 30 | RESPONSE to Motion by Arctic Glacier International Inc re 27 MOTION to Unseal Document Presentence Investigation, 28 MOTION For enlargement of time to file objections to presentence investigation report (Majoras, John) (Entered: 01/11/2010) |
| 01/19/2010 | 31 | REPLY TO RESPONSE to Motion by David F. Axelrod as to Arctic Glacier International Inc re 27 MOTION to Unseal Document Presentence Investigation Reply Memorandum in Support of Victims' Motion for Disclosure of Presentence Investigation Report (Attachments: # 1 Text of Proposed Order) (Axelrod, David) (Entered: 01/19/2010) |
| 01/21/2010 | 32 | Minute Entry for proceedings held before Judge Herman J. Weber:Telephone Conference as to Arctic Glacier International Inc held on 1/21/2010. Hearing recessed to 1/25/10 at 2:00 p.m.(Court Reporter L. Lavin (Official).) (do) (Entered: 01/21/2010) |
| 01/22/2010 | 33 | Notice of PSI Transmittal to Judicial Officer as to Arctic Glacier International Inc. Laura S. Jensen is USPO. (jlw1) (Entered: 01/22/2010) |
| 01/25/2010 | 34 | Minute Entry for proceedings held before Judge Herman J. Weber:Telephone Conference as to Arctic Glacier International Inc held on 1/25/2010. Hearing recessed to 1/28/10 at 4PM. (Court Reporter J. Perkins (Official.) (do) (Entered: 01/25/2010) |
| 01/29/2010 | 35 | Minute Entry for proceedings held before Judge Herman J. Weber:Telephone Conference as to Arctic Glacier International Inc held on 1/29/2010. Sentencing date of 2/11/10 is Confirmed. (Court Reporter M. Ranz (Official).) (do1) (Entered: 01/29/2010) |
| 02/01/2010 | 36 | MOTION for Downward Departure by USA as to Arctic Glacier International Inc. (Culum, Kevin) (Entered: 02/01/2010) |
| 02/01/2010 | 37 | MOTION for Victim Rights Objections to Plea Agreement and Request That It Be Rejected by David F. Axelrod as to Arctic Glacier International Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Axelrod, David) (Entered: 02/01/2010) |
| 02/08/2010 | Attorney update in case as to Arctic Glacier International Inc. - Attorney Daniel Low added as Movant on behalf of victims Martin McNulty and Gary Mowery. (mtw1) (Entered: 02/08/2010) | |
| 02/11/2010 | 38 | AFFIDAVIT in Support by David F. Axelrod as to Arctic Glacier International Inc re 37 MOTION for Victim Rights Objections to Plea Agreement and Request That It Be Rejected Supplemental Declaration of Martin McNulty (Axelrod, David) (Entered: 02/11/2010) |
| 02/11/2010 | 39 | Minute Entry for proceedings held before Judge Herman J. Weber:Sentencing held on 2/11/2010 for Arctic Glacier International Inc (1), Count(s) 1. Statements presented (see attached appearance list). Defense Exhibit A offered and admitted. Victims Group Exhibits V1-V11 offered and admitted. The defendant is hereby SENTENCED to 5 years Probation as to Count 1 of the Information. It is ordered that the defendant shall pay to the United States a SPECIAL ASSESSMENT of $400.00 (due immediately). Fine in the amount of nine (9) million imposed. Payment schedule established by the Court. Defendant advised of Right to Appeal. Judgment Order to issue.. (Court Reporter M. Ranz (Official).) (Attachments: # 1 Appr. List) (do1) (Entered: 02/12/2010) |
| 02/11/2010 | 40 | EXHIBIT LIST by Arctic Glacier International Inc (do1) (Entered: 02/12/2010) |
| 02/11/2010 | 41 | EXHIBIT LIST by David F. Axelrod for Victims Group. (do1) (Entered: 02/12/2010) |
| 02/16/2010 | 42 | Emergency MOTION Stay of Entry of Judgment by David F. Axelrod as to Arctic Glacier International Inc. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order) (Axelrod, David) (Entered: 02/16/2010) |
| 02/16/2010 | Conference call scheduled for 2/16/10 at 1PM. Counsel notified telephonically and by email. (do1) (Entered: 02/16/2010) | |
| 02/16/2010 | 43 | Minute Entry for proceedings held before Judge Herman J. Weber:Motion Hearing as to Arctic Glacier International Inc held on 2/16/2010 re 42 Emergency MOTION Stay of Entry of Judgment filed by David F. Axelrod. Stay granted until 2/18/10 at 3PM. Order to issue. (Court Reporter L. Lavin (Official).) (do1) (Entered: 02/16/2010) |
| 02/16/2010 | 44 | ORDER granting 42 Motion for Stay. Entry of Judgment stayed until 3PM on 2/18/10. Signed by Judge Herman J. Weber on 2/16/10. (do1) (Entered: 02/16/2010) |
| 02/18/2010 | 45 | NOTICE OF APPEAL (Interlocutory) by David F. Axelrod as to Arctic Glacier International Inc re 24 Order on Motion for Victim Rights, 25 Order on Motion for Victim Rights, 44 Order on Motion for Miscellaneous Relief, 4 Order on Motion to Seal Case. Filing fee $ 455 DUE. Appeal Record due by 3/1/2010. (Axelrod, David) Modified to clarify filing fee status on 2/19/2010 (mtw1). (Entered: 02/18/2010) |
| 02/18/2010 | 46 | TRANSCRIPT
of Sentencing Hearing Proceedings as to Arctic Glacier International
Inc held on 2/11/10 before Judge Herman J. Weber. Court
Reporter/Transcriber: M. Ranz (Official), Telephone number 513/564-7626.
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 be obtained through
PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 3/11/2010. Redacted Transcript Deadline set for 3/22/2010. Release of Transcript Restriction set for 5/19/2010. (do1) (Entered: 02/18/2010) |
| 02/18/2010 | USCA Case Number as to Arctic Glacier International Inc 10-3160 for 45 Notice of Appeal - Interlocutory, filed by David F. Axelrod. Case Manager: Jill Colyer. (sct1) (Entered: 02/18/2010) | |
| 02/18/2010 | 47 | ORDER of USCA (certified copy) as to Arctic Glacier International Inc re 45 Notice of Appeal - Interlocutory that the district court's filing of the judgment upon its docket in this case is stayed pending further order of this court. The United States and the defendant in the district court action are requested to file any pleadings responsive to the motion to stay and the petition for a writ of mandamus prior to 3:00 p.m. on Friday, February 19, 2010. The district court judge is invited, but is not required, to respond. (sct1) (Entered: 02/18/2010) |
| 02/22/2010 | 48 | **SEALED** Transcript of Proceedings held on 01/28/2010, before Judge Herman J. Weber. Court Reporter/Transcriber Mary Ann Ranz (Official), Telephone number (513) 564-7626. (mtw1) (Entered: 02/22/2010) |
| 02/22/2010 | 49 | ORDER of USCA (certified copy) as to Arctic Glacier International Inc re 45 Notice of Appeal - Interlocutory: The petition for a writ of mandamus filed as No. 10-3159 is DENIED. The motion to dismiss the appeal in No. 10-3160 is GRANTED. The motion to consolidate Nos. 10- 3159/3160 is DENIED as moot. The temporary stay previously entered is DISSOLVED. (sct1) (Entered: 02/24/2010) |
| 02/25/2010 | 50 | ORDER of USCA (certified copy) as to Arctic Glacier International Inc re Writ of Mandamus (10-3201): The United States and Arctic Glacier are requested to file any responsive pleading by 3:00 p.m. on Friday, February 26, 2010. The district court judge is not required to respond. (sct1) (Entered: 02/25/2010) |
| 03/01/2010 | 51 | TRANSCRIPT
of Telephonic Motion Hearing Proceedings as to Arctic Glacier
International Inc held on 2/16/10 before Judge Herman J. Weber. Court
Reporter/Transcriber: Luke Lavin (Official), Telephone number
513/564-7675. 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 be obtained
through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 3/22/2010. Redacted Transcript Deadline set for 4/1/2010. Release of Transcript Restriction set for 6/1/2010. (do1) (Entered: 03/01/2010) |
| 03/01/2010 | 52 | LETTER/NOTICE from U.S. Court of Appeals, Sixth Circuit that appellant's motion to file a supplemental brief is GRANTED. (mtw1) (Entered: 03/01/2010) |
| 03/02/2010 | 53 | OPINION AND JUDGMENT of USCA (certified copy) as to Arctic Glacier International Inc re Petition for Writ of Mandamus by petitioner Martin McNulty: The petition for a writ of mandamus is DENIED. (sct1) (Entered: 03/02/2010) |
| 03/03/2010 | 54 | JUDGMENT ORDER as to Arctic Glacier International Inc. Signed by Judge Herman J. Weber on 3/3/10. (do1) Modified to correct filing date on 3/5/2010 (sct1). (Entered: 03/04/2010) |
| 03/05/2010 | USCA Appeal Fees received $ 455, receipt number 100CIN007842 as to Arctic Glacier International Inc re 45 Notice of Appeal - Interlocutory, : (sct1) (Entered: 03/05/2010) | |
| 05/25/2010 | 56 | ORDER to modify conditions of supervision (PROB12B) as to Arctic Glacier International Inc. Signed by Judge Herman J. Weber on 5/25/10. (do1) (Entered: 05/25/2010) |