| 4DIV, CLOSED, FRC, INFO |
Case title: USA v. Ashland, Inc. |
Date Filed: 05/13/2002 Date Terminated: 12/23/2002 |
| Assigned to: Judge James M. Rosenbaum | ||
| Appeals court case number: 03-1689 | ||
Defendant (1) |
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Ashland, Inc.
TERMINATED: 12/23/2002 |
represented by | Deborah A Ellingboe
Faegre & Benson LLP 90 S 7th St Ste 2200 Mpls, MN 55402-3901 612-766-7000 Fax: 612-766-1600 Email: dellingboe@faegre.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained James L Volling Faegre & Benson LLP 90 S 7th St Ste 2200 Mpls, MN 55402-3901 612-766-7758 Fax: 612-766-1600 Email: jvolling@faegre.com TERMINATED: 12/23/2002 LEAD ATTORNEY Designation: Retained |
Pending Counts |
Disposition |
|
| 42:7413 (c)(4) CLEAN AIR ACT - NEGLIGENT ENDANGERMENT (misdemeanor count) (2) |
Probation for 5 yrs, spec assmt of .00, fine of ,400,000 payable as follows: .5 million to US Atty and .9 million to Nat'l Park Foundation (see details in judgment), restitution in the amt of ,750,000 payable to Randall Danielson ,500,00, David Slack ,000, Steve Hood ,000, Chris Riley ,000, Darren Wilson ,000, Joe Riley ,000, St Paul Fire Dept ,000, Cottage Grove Fire Dept ,000, Newport Fire Dept ,000, St Paul Park Refinery Emergency Response Team ,000 | |
| 18:1018 - FALSE CERTIFICATION OR WRITING (misdemeanor count) (3) |
Probation for 5 yrs, spec assmt of .00, fine of ,400,000 payable as follows: .5 million to US Atty and .9 million to Nat'l Park Foundation (see details in judgment), restitution in the amt of ,750,000 payable to Randall Danielson ,500,00, David Slack ,000, Steve Hood ,000, Chris Riley ,000, Darren Wilson ,000, Joe Riley ,000, St Paul Fire Dept ,000, Cottage Grove Fire Dept ,000, Newport Fire Dept ,000, St Paul Park Refinery Emergency Response Team ,000 | |
Highest Offense Level (Opening) |
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| Misdemeanor | ||
Terminated Counts |
Disposition |
|
| 42:7411(e) and 7413(c)(1) QQQ - NEW SOURCE PERFORMANCE STANDARDS (felony count) (1) |
prosecution deferred for up to 4 yrs | |
Highest Offense Level (Terminated) |
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| Felony | ||
Complaints |
Disposition |
|
| None |
Intervenor |
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| Marathon Petroleum Company LLC | represented by | Andrew M Luger
Greene Espel 200 S 6th St Ste 1200 Mpls, MN 55402-1415 612-373-0830 Fax: 612-373-0929 Email: aluger@gr-espel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED H Allen Blair Hamline University School of Law 1536 Hewitt Ave INACTIVE St Paul, MN 55104-1237 651-523-2941 Email: hblair01@hamline.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED William P Hefner The Environmental Law Group, Ltd. 133 1st Ave N Minneapolis, MN 55401 (612) 623-2362 Fax: (612) 378-3737 Email: whefner@envirolawgroup.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Plaintiff |
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| United States of America | represented by | William H Koch
Address Unknown INACTIVE LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/13/2002 | 1 | INFORMATION by USA William H Koch against Ashland, Inc. (1) counts 1 (felony), 2 & 3 (misdemeanors). 9 pgs ( Modified on 05/13/2002 (Entered: 05/13/2002) |
| 05/13/2002 | 2 | WAIVER OF INDICTMENT by defendant Ashland, Inc. 1 pg ( (Entered: 05/14/2002) |
| 05/13/2002 | 3 | Power of Atty as to Ashland, Inc. - Appointing Vice President, Glenn W. Hammer to negotiate, execute, deliver and peform under, and on behalf of the Corporation, a plea agreement. 1 pg ( (Entered: 05/14/2002) |
| 05/13/2002 | 4 | MINUTES: before Chief Judge James M. Rosenbaum first appearance, arraignment & plea of Ashland, Inc; guilty plea entered to misdemeanor counts 2 & 3; prosecution deferred as to count 1 for a period of up to four years from the date of the plea agreement. Power of attorney filed. PSI ordered. Court Reporter: Kim Evavold, Shaddix & Assoc. 1 pg ( (Entered: 05/14/2002) |
| 05/13/2002 | 5 | PLEA AGREEMENT AND SENTENCING STIPULATIONS as to Ashland, Inc. 14 pgs ( (Entered: 05/14/2002) |
| 05/31/2002 | 6 | ORDER FOR REASSIGNMENT (Chief Judge James M. Rosenbaum / date signed 5/31/02) case reassigned to Chief Judge James M. Rosenbaum from Judge Joan E. Lancaster. (cc: all counsel) 1 pg ( (Entered: 05/31/2002) |
| 08/12/2002 | 7 | JOINT MOTION for more time to file objections and proposed amendments to PSI by Ashland, Inc., & USA. 2pgs (LEG) (Entered: 08/13/2002) |
| 09/05/2002 | 8 | POSITION of deft with respect to sentencing Ashland, Inc. (8 pages) (PJS) (Entered: 09/09/2002) |
| 11/12/2002 | 9 | POSITION of govt with respect to sentencing Ashland, Inc. (30 pages) ( (Entered: 11/14/2002) |
| 12/23/2002 | 10 | MEMORANDUM IN AID OF SENTENCING as to deft Ashland, Inc. (16 pages) (PJS) (Entered: 12/24/2002) |
| 12/23/2002 | 11 | MINUTES: before Chief Judge James M. Rosenbaum SENTENCING Ashland, Inc. (1) counts 2 & 3 - Probation for 5 yrs, spec assmt of $250.00, fine of $5,400,000 payable as follows: $1.5 million to US Atty and $3.9 million to Nat'l Park Foundation (see details in judgment), restitution in the amt of $3,750,000 payable to Randall Danielson $3,500,00, David Slack $10,000, Steve Hood $10,000, Chris Riley $10,000, Darren Wilson $10,000, Joe Riley $10,000, St Paul Fire Dept $50,000, Cottage Grove Fire Dept $50,000, Newport Fire Dept $50,000, St Paul Park Refinery Emergency Response Team $50,000. Prosecution deferred for up to 4 yrs as to count 1. Attorney's are given 21 days to propose a way to use a specialist as an expert/special probationer. If unable to agree, they will submit position papers to the court. Some funds will be reserved to pay specialist. Court Reporter: Dawn Hansen. 4 pgs ( (Entered: 12/30/2002) |
| 01/13/2003 | 12 | TRANSCRIPT OF SENTENCING held 12/23/02 before JMR as to defendant Ashland, Inc. (Court Reporter: Dawn M. H. Hansen). 45pg(s) (SEPARATE) (LEG) (Entered: 01/14/2003) |
| 01/15/2003 | 13 | SENTENCING JUDGMENT as to defendant Ashland, Inc. by Chief Judge James M. Rosenbaum (dated 1/14/03). (Copies dist'd) 6 pages (PJS) (Entered: 01/22/2003) |
| 01/24/2003 | 14 | POSITION of govt with respect to "Probation Consultant" and MAP as to deft Ashland, Inc. (100 pages) (PJS) (Entered: 01/27/2003) |
| 01/29/2003 | 15 | JUDGMENT returned executed as to defendant Ashland, Inc. 1/29/03 (Probation). 6 pgs ( (Entered: 01/30/2003) |
| 01/29/2003 | 16 | NOTICE OF APPEARANCE for Marathon Ashland as to deft Ashland, INc. (1 page) (PJS) (Entered: 01/31/2003) |
| 01/29/2003 | 17 | MOTION AND MEMORANDUM by Marathon Ashland as to deft Ashland, Inc. to intervene (to Chief Judge James M. Rosenbaum). (6 pages) (PJS) (Entered: 01/31/2003) |
| 01/29/2003 | 18 | MOTION to amend judgment by Ashland, Inc. (3 pages) (PJS) (Entered: 01/31/2003) |
| 01/29/2003 | 19 | REPLY POSITION of deft on the issue of probation. (7 pgs) (PJS) (Entered: 01/31/2003) |
| 02/03/2003 | 20 | RESPONSE of pltf USA to deft Ashland, Inc.'s motion to amend judgment [18-1]. 4pgs (LEG) (Entered: 02/04/2003) |
| 02/05/2003 | 21 | ORDER (Chief Judge James M. Rosenbaum / date signed 2/5/03) that defendant Ashland Inc.'s motion for an extension of time to file a Notice of Appeal is granted. Defendant's time within which to file a Notice of Appeal shall be extended for 30 days, under Fed.R.App.P.4(b)(4) (cc: all counsel) (1pg) (BLW (Entered: 02/05/2003) |
| 02/05/2003 | 22 | MOTION for extension of time to file appeal by Ashland, Inc. (3 pages) (PJS) (Entered: 02/06/2003) |
| 02/26/2003 | 23 | SATISFACTION OF MONETARY IMPOSITION as to Ashland, Inc. in the amount of $9,150,250.00. 1pg (cc: FSD) (LEG) Modified on 02/27/2003 (Entered: 02/27/2003) |
| 03/05/2003 | 24 | AMENDED JUDGMENT as to defendant Ashland, Inc. by Chief Judge James M. Rosenbaum (dated 3/4/03) re probation and special conditions of probation. (Copies dist'd) 6 pages (PJS) (Entered: 03/06/2003) |
| 03/07/2003 | 25 | NOTICE OF APPEAL TO THE EIGHTH CIRCUIT COURT OF APPEALS by deft Ashland, Inc. (filed by Faegre & Benson) from judgments of JMR filed 1/15/03 and 3/5/03 [13-1] [24-1]. (cc: all counsel) 2 pages (PJS) (Entered: 03/11/2003) |
| 03/10/2003 | 26 | RECEIPT as to deft Ashland, Inc. in the amount of $105.00 receipt number 265612 for notice of appeal. (PJS) (Entered: 03/11/2003) |
| 03/11/2003 | DELIVERED TWO COPIES of each of the following to the Court of Appeals, St. Paul Office: Revised information sheet, Notice of Appeal, Order or Judgment and Docket entries (certified) as to defendant Ashland, Inc. (PJS) (Entered: 03/11/2003) | |
| 03/11/2003 | Sent to USCA, St Paul, sentencing transcript, Doc. #12, as to Ashland, Inc. (PJS) (Entered: 03/11/2003) | |
| 03/14/2003 | NOTIFICATION BY CIRCUIT COURT of Appellate Docket Number 03-1689 as to defendant Ashland, Inc. ( (Entered: 03/14/2003) | |
| 03/17/2003 | 27 | Clerk's Record on Appeal delivered to the 8th Circuit Court as to Ashland, Inc. (cc: Counsel). 3pgs (LEG) (Entered: 03/18/2003) |
| 03/20/2003 | 28 | RECEIPT as to defendant Ashland, Inc. in the amount of $304.00 receipt number 142006 for payment for preparation of the designation of record. 1 pg ( (Entered: 03/20/2003) |
| 03/24/2003 | 29 | TRANSCRIPT OF GUILTY PLEA held 5/13/02 before JMR as to defendant Ashland, Inc. (Court Reporter: Kimberly Evavold w/Shaddix). 40 pages (SEPARATE) (PJS) (Entered: 03/24/2003) |
| 03/24/2003 | Sent to USCA, St Paul, PLEA TRANSCRIPT, Doc. 29, as to Ashland, Inc. (PJS) (Entered: 03/24/2003) | |
| 04/07/2003 | Three (3) sealed PSIs sent to USCA, St. Paul, as to Ashland, Inc. (LEG) (Entered: 04/07/2003) | |
| 04/14/2003 | 30 | ORDER ( Chief Judge James M. Rosenbaum / 4/14/03) denying Marathon Ashland Petroleum LLC's motion to intervene [17-1] as to Ashland, Inc. (cc: all counsel) 1 page (PJS) (Entered: 04/15/2003) |
| 09/12/2003 | 31 | STIPULATION AND ORDER by Chief Judge James M. Rosenbaum as to Ashland, Inc. re Probation Consultant. (cc: all counsel, PO) 2 pages (PJS) (Entered: 09/15/2003) |
| 10/17/2003 | 32 | STIPULATION AND ORDER by Chief Judge James M. Rosenbaum as to deft Ashland Inc. re: Probation Consultant (cc: all counsel & PROB). 3pgs (LEG) (Entered: 10/20/2003) |
| 10/17/2003 | 33 | PROBATION CONSULTANT'S AGREEMENT (Chief Judge James M. Rosenbaum / date signed 9/11/03) as to Ashland, Inc. (cc: all counsel & PROB). 8pgs (LEG) Modified on 10/20/2003 (Entered: 10/20/2003) |
| 11/06/2003 | Sent to USCA, St Paul, the original file consisting of two (2) blue folders as to Ashland, Inc. (LEG) (Entered: 11/06/2003) | |
| 02/23/2004 | 34 | OPINION FROM EIGHTH CIRCUIT COURT OF APPEALS (certified copy) as to Ashland, Inc. that the amended judgment of the district court is modified. (8 pages)(PJS) (Entered: 02/25/2004) |
| 02/23/2004 | 35 | JUDGMENT FROM EIGHTH CIRCUIT COURT OF APPEALS (certified copy) as to Ashland, Inc. 25 that the amended judgment of the district court is modified. (copies dist'd) 1 page(PJS) (Entered: 02/25/2004) |
| 03/10/2005 | 36 | STIPULATION AND ORDER that Count 1 of the Information in this matter dated 5/13/02 is hereby dismissed with prejudice and on the merits, and no further prosecution of said Count 1 may be brought. Signed by Cheif Judge James M Rosenbaum on 2/22/05. (JMM) (Entered: 03/11/2005) |
| 03/11/2005 | 37 | JUDGMENT as to Ashland, Inc. re: 36 Stipulation and Order . Signed by Chief Judge James M Rosenbaum on 2/22/05. (JMM) (Entered: 03/11/2005) |
| 12/15/2005 | 38 | MOTION for Order for Early Termination of Probation by Ashland, Inc.. (Volling, James) (Entered: 12/15/2005) |
| 12/15/2005 | 39 | MEMORANDUM in Support by Ashland, Inc. re 38 MOTION for Order for Early Termination of Probation (Volling, James) (Entered: 12/15/2005) |
| 12/15/2005 | 40 | LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Ashland, Inc. re 39 Memorandum in Support of Motion (Volling, James) (Entered: 12/15/2005) |
| 12/15/2005 | 41 | STIPULATION of No Opposition to the Motion for Early Termination of Probation by Ashland, Inc., United States of America (Volling, James) (Entered: 12/15/2005) |
| 12/15/2005 | 42 | Certificate of Service by Ashland, Inc..(Volling, James) (Entered: 12/15/2005) |
| 12/30/2005 | 43 | Minute Entry for proceedings held before Chief Judge James M Rosenbaum :Motion Hearing as to Ashland, Inc. held on 12/30/2005 re 38 MOTION for Order for Early Termination of Probation filed by Ashland, Inc. Motion taken under advisement. (Court Reporter Dawn Hansen) (HLL) (Entered: 01/03/2006) |
| 01/05/2006 | 44 | ORDER denying 38 Motion for early discharge from probation; matter continued for reconsideration on June 30, 2006. Signed by Judge James M Rosenbaum on 01/05/06. (kmc)cc: Prob. on 1/6/2006 (LPH). (Entered: 01/05/2006) |
| 07/03/2006 | 45 | ORDER as to Ashland, Inc. reconsidering and granting 38 MOTION for Order for Early Termination of Probation filed by Ashland, Inc. Defendant is discharged from probation as of June 30, 2006. Signed by Judge James M Rosenbaum on 06/30/2006. (kmc) Modified text on 7/3/2006 (mkf). cc: PO (Entered: 07/03/2006) |
| 05/11/2007 | 46 | ORDER as to Ashland, Inc. That all duties and responsibilities originally assigned to the National Park Foundation by way of this Court's original Judgment shall be transferred to the Mississippi River Fund, a 501(c)(3) non-profit entity. This reassignment is being made at the request of the National Park Foundation and the Mississippi river Fund, and with the consent of the US and Ashland, Inc. . Signed by Judge James M. Rosenbaum on 5/10/07. (KNK) Modified text on 5/15/2007 (leg). Copy to FLU and USDC Financial Unit. (Entered: 05/14/2007) |