CAT A, CLOSED

U.S. District Court
District of Columbia (Washington, DC)
CRIMINAL DOCKET FOR CASE #: 1:09-cr-00099-JDB-1


Case title: USA v. ASIANA AIRLINES, INC.

Date Filed: 04/09/2009

Assigned to: Judge John D. Bates

Defendant (1)
ASIANA AIRLINES, INC. represented byStevan Eaton Bunnell
O'MELVENY & MYERS, LLP
1625 Eye Street, NW
Washington, DC 20006
(202) 383-5321
Fax: (202) 514-8782
Email: sbunnell@omm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Daniel N. Shallman
O'MELVENY & MYERS LLP
400 South Hope Street
Los Angeles, CA 90071-2899
(213) 430-6000
Fax: (213) 430-6407
Email: dshallman@omm.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Pro Hac Vice

Ian Simmons
O'MELVENY & MYERS LLP
1625 Eye Street, NW
Washington, DC 20006
(202) 383-5300
Email: isimmons@omm.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
15:1; ANTITRUST VIOLATIONS; Conspiracy to Restrain Trade
(1-2)
Defendant sentenced to a Fine of Fifty Million Dollars ($50,000,000.00); Special Assessment totaling $800.00 imposed

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byBrent C. Snyder
U.S. DEPARTMENT OF JUSTICE
Antitrust Division
450 Fifth Street, N.W
Suite 11300
Washington, DC 20530
(202) 616-3186
Email: brent.snyder@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Elizabeth Aloi
UNITED STATES DEPARTMENT OF JUSTICE
1401 H Street, N.W.
Suite 3700
Washington, DC 20530
(202) 307-0024
Email: elizabeth.aloi@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kathryn M. Hellings
U.S. DEPARTMENT OF JUSTICE
450 5th St
Suite 11300
Washington, DC 20530
(202) 307-0934
Email: katie.hellings@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mark C. Grundvig
U.S. DEPARTMENT OF JUSTICE
Antitrust Division
450 5th Street, N.W.
Suite 11300
Washington, DC 20530
(202) 305-1878
Fax: (202) 514-6525
Email: mark.grundvig@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Nancy H. McMillen
U.S. DEPARTMENT OF JUSTICE
1401 H Street, NW
Suite 3700
Washington, DC 20530-0001
(202) 307-5777
Fax: 202-514-6525
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
04/09/20091INFORMATION as to ASIANA AIRLINES, INC. (1) on Counts 1-2. (tnr, ) (Entered: 04/09/2009)
04/15/20092 MOTION for Victim Rights by USA as to ASIANA AIRLINES, INC.. (Snyder, Brent) (Entered: 04/15/2009)
04/15/2009  Set/Reset Hearings as to ASIANA AIRLINES, INC.: Plea and Sentence set for 5/5/2009 09:45 AM in Courtroom 8 before Judge John D. Bates. (tb, ) (Entered: 04/15/2009)
04/16/2009  MINUTE ORDER: Upon consideration of the government's motion to establish procedure for crime victim notification pursuant to 18 U.S.C. 3771, and for good cause shown, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that for any public court or parole proceeding involving the crime of the accused in this case, the United States Department of Justice Antitrust Division may provide reasonable, accurate, and timely noticethrough its web site, http://www.usdoj.gov/atr, and through notice to lead counsel for the plaintiffs in the pending civil class actions, rather than individual notices to the crime victims of the air cargo and passenger conspiracies. SO ORDERED. Signed by Judge John D. Bates on 4/16/2009. (ck) (Entered: 04/16/2009)
04/21/20093SENTENCING MEMORANDUM by USA as to ASIANA AIRLINES, INC. (Snyder, Brent) (Entered: 04/21/2009)
04/24/20094NOTICE OF ATTORNEY APPEARANCE: Stevan Eaton Bunnell appearing for ASIANA AIRLINES, INC. (Bunnell, Stevan) (Entered: 04/24/2009)
04/24/20095 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel N. Shallman. :Address- 400 S. Hope Street, Los Angeles, CA 90071. Phone No. - 213-430-6000. Fax No. - 213-430-6407 by ASIANA AIRLINES, INC.. (Attachments: # 4 Certificate of Service)(Bunnell, Stevan) (Entered: 04/24/2009)
04/27/2009  MINUTE ORDER: Upon consideration of 5 the motion for admission pro hac vice of Daniel L. Shallman, and pursuant to Local Criminal Rule 44.1(d), it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the appearance of Daniel Shallman is entered on behalf of defendant ASIANA AIRLINES, INC. Signed by Judge John D. Bates on 4/27/2009. (ck) (Entered: 04/27/2009)
04/27/20096Corporate Disclosure Statement by ASIANA AIRLINES, INC. (Attachments: # 1 Certificate of Service)(Bunnell, Stevan) (Entered: 04/27/2009)
04/27/2009  Attorney update in case as to ASIANA AIRLINES, INC.. Attorney Daniel N. Shallman for ASIANA AIRLINES, INC. added. (mm) (Entered: 04/28/2009)
04/30/20097SENTENCING MEMORANDUM by ASIANA AIRLINES, INC. (Attachments: # 1 Certificate of Service)(Bunnell, Stevan) (Entered: 04/30/2009)
05/04/20098NOTICE OF ATTORNEY APPEARANCE: Ian Simmons appearing for ASIANA AIRLINES, INC. (Simmons, Ian) (tnr, ). (Entered: 05/04/2009)
05/05/2009  Minute Entry for proceedings held before Judge John D. Bates:Arraignment as to ASIANA AIRLINES, INC. (1) on Counts 1-2 held on 5/5/2009. Defendant sworn and plea of guilty entered as to Counts 1-2. Sentencing set for 5/5/09 at 10:30 a.m. in Courtroom 8 before Judge John D. Bates. (Court Reporter: Bryan Wayne; Defense Attorney: Steven Bunnell; US Attorney: Brent Snyder) (tnr, ) (Entered: 05/05/2009)
05/05/2009  Minute Entry for proceedings held before Judge John D. Bates:Sentencing held on 5/5/2009 as to ASIANA AIRLINES, INC. (1). Counts 1-2: Defendant sentenced to a Fine of Fifty Million Dollars ($50,000,000.00); Special Assessment totaling $800.00 imposed. (Court Reporter: Bryan Wayne;Defense Attorney: Steven Bunnell; US Attorney: Brent Snyder; Witness: Andrea Herszfeld [impact statement given]) (tnr, ) (Entered: 05/05/2009)
05/05/20099WAIVER of Right to Trial by Jury as to ASIANA AIRLINES, INC. approved by Judge John D. Bates on 5/5/09. (tnr, ) (Entered: 05/05/2009)
05/05/200910WAIVER OF INDICTMENT by ASIANA AIRLINES, INC. signed by Judge John D. Bates on 5/5/09. (tnr, ) (Entered: 05/05/2009)
05/05/200911MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS as to ASIANA AIRLINES, INC. (tnr, ) (Entered: 05/05/2009)
05/05/200912PLEA AGREEMENT as to ASIANA AIRLINES, INC. (tnr, ) (Entered: 05/05/2009)
05/06/200913JUDGMENT as to ASIANA AIRLINES, INC. Statement of Reasons Not Included signed by Judge John D. Bates on 5/6/09. (tnr, ) (Entered: 05/06/2009)
05/06/200914STATEMENT OF REASONS as to ASIANA AIRLINES, INC. re 13 Judgment; Not for public disclosure per Judicial Conference Policy signed by Judge John D. Bates on 5/6/09. (tnr, ) (Entered: 05/06/2009)
05/07/200915AMENDED JUDGMENT as to ASIANA AIRLINES, INC. signed by Judge John D. Bates on 5/7/09. (tnr, ) (Entered: 05/08/2009)
05/07/200916STATEMENT OF REASONS as to ASIANA AIRLINES, INC. re 15 Amended Judgment; Not for public disclosure per Judicial Conference Policy signed by Judge John D. Bates on 5/7/09. (tnr, ) (Entered: 05/08/2009)
05/14/200917TRANSCRIPT OF PROCEEDINGS in case as to ASIANA AIRLINES, INC. before Judge John D. Bates of proceedings held on 5/5/09; Page Numbers: 1 - 56. Date of Issuance:5/14/09. Court Reporter/Transcriber Bryan A. Wayne, Telephone number 202-354-3186, Court Reporter Email Address : bryanawayne@verizon.net.

For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.

Redaction Request due 6/4/2009. Redacted Transcript Deadline set for 6/15/2009. Release of Transcript Restriction set for 8/12/2009.(Wayne, Bryan) (Entered: 05/14/2009)
06/03/2009  NOTICE that the Finance Office is in receipt of a wire transfer in the amount of $4,000,000.00 as to ASIANA AIRLINES, INC.; Receipt No: 461600102. (tnr, ) (Entered: 06/09/2009)
04/26/201018 MOTION to Modify Fine Installment Payments by USA as to ASIANA AIRLINES, INC.. (Snyder, Brent) (Entered: 04/26/2010)
04/27/201019ORDER granting 18 Motion to Modify Fine Installment Payments as to ASIANA AIRLINES, INC. (1) signed by Judge John D. Bates on 4/27/10. (tnr, ) (Entered: 04/30/2010)