U.S. District Court
Southern District of Ohio (Cincinnati)
CRIMINAL DOCKET FOR CASE #: 1:09-cr-00149-HJW-1


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)
Arctic Glacier International Inc
TERMINATED: 03/04/2010
represented byJohn 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
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)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Movant
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 byDavid 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
Daniel L. Low
On behalf of victims Martin McNulty and Gary Mowery
represented byDaniel 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
USA represented byKevin 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)
09/10/2009INFORMATION as to Arctic Glacier International Inc (1) count(s) 1. (art, ) (Entered: 09/11/2009)
09/10/2009 MOTION to Seal Case by USA as to Arctic Glacier International Inc. (art, ) (Entered: 09/11/2009)
09/10/2009ORDER 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)
09/15/2009ORDER: 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)
09/18/2009ORDER: 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)
09/22/2009ORDER: 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)
10/09/2009ELEMENTS OF THE OFFENSE as to Arctic Glacier International Inc (sct1) (Entered: 10/09/2009)
10/13/2009 MOTION to Unseal Case by USA as to Arctic Glacier International Inc. (sct1) (Entered: 10/13/2009)
10/13/200910 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)
10/13/200911 PLEA AGREEMENT as to Arctic Glacier International Inc (sct1) (Entered: 10/13/2009)
10/23/200912  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)
10/27/200913 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)
10/27/200914 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)
10/27/200915 NOTICE of Appearance by David F. Axelrod by Arctic Glacier International Inc (Axelrod, David) (Entered: 10/27/2009)
10/27/200916 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)
10/27/200917 WAIVER OF INDICTMENT by Arctic Glacier International Inc (do) (Entered: 10/28/2009)
10/28/200918 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)
10/28/200919 NOTICE: Written Consent of Directors by Arctic Glacier International Inc (do) (Entered: 10/28/2009)
11/09/200920 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)

11/10/200921 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)
11/10/200922 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)
11/10/200923 NOTICE of Presentence Investigation and Disclosure as to Arctic Glacier International Inc (do) (Entered: 11/10/2009)
11/12/200924 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)
11/12/200925 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)
11/17/200926 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)

12/30/200927  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)
12/30/200928  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)
01/07/201029 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)
01/11/201030 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)
01/19/201031 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)
01/21/201032 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)
01/22/201033 Notice of PSI Transmittal to Judicial Officer as to Arctic Glacier International Inc. Laura S. Jensen is USPO. (jlw1) (Entered: 01/22/2010)
01/25/201034 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)
01/29/201035 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)
02/01/201036  MOTION for Downward Departure by USA as to Arctic Glacier International Inc. (Culum, Kevin) (Entered: 02/01/2010)
02/01/201037  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)
02/11/201038 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)
02/11/201039 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)
02/11/201040 EXHIBIT LIST by Arctic Glacier International Inc (do1) (Entered: 02/12/2010)
02/11/201041 EXHIBIT LIST by David F. Axelrod for Victims Group. (do1) (Entered: 02/12/2010)
02/16/201042 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)
02/16/201043 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)
02/16/201044 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)
02/18/201045 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)
02/18/201046 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)
02/18/201047 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)
02/22/201048 **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)
02/22/201049 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)
02/25/201050 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)
03/01/201051 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)

03/01/201052 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)
03/02/201053 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)
03/03/201054 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)
05/25/201056 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)