CLOSED

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CRIMINAL DOCKET FOR CASE #: 4:00-cr-00361-1


Case title: USA v. Bay Industries, Inc.

Date Filed: 06/05/2000
Date Terminated: 08/31/2000

Assigned to: Judge Nancy F. Atlas

Defendant (1)
Bay Industries, Inc.
TERMINATED: 08/31/2000
represented byLawrence David Finder
Haynes & Boone LLP
1221 McKinney
Ste 2100
Houston, TX 77010
713-547-2006
Fax: 713-236-5520
Email: lawrence.finderl@haynesboone.com
TERMINATED: 08/31/2000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
15:1.F An agreement to restrain trade in interstate commerce by fixing prices MAX PENALTY: The greater of $10,000 fine, twice the pecuniary gain or twice the pecuniary loss to the victim
(1)
$3,500,000 fine. Deft to purchase a copy of this proceeding. Deft to provide status report on 3/1/01, 9/1/01, 3/1/02, and 9/1/02 to be filed under seal.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byKaren J Sharp
US Dept of Justice
Antitrust Division
1700 Pacific Ave
Ste 3000
Dallas, TX 75201
214-661-8600
Fax: 214-661-8623
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mark R Rosman
Dept of Justice
Antitrust Division
1601 Elm St
Ste 4950
Dallas, TX 75201-4717
214-880-9401
Fax: 214-880-9423
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Financial Litigation
U S Attorney's Office
Southern District of Texas
P O Box 61129
Houston, TX 77208
713-567-9000
Fax: 713-718-3391 fax
Email: flu.usatxs-@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Retained

US Marshal - H
515 Rusk
10th Floor
Houston, TX 77002
713-718-4800
Fax: 713-718-4848
ATTORNEY TO BE NOTICED
Designation: Retained

US Pretrial Svcs - H
515 Rusk
6th Floor
Houston, TX 77002
713-250-5218
Fax: 713-250-5666
ATTORNEY TO BE NOTICED
Designation: Retained

US Probation - H
515 Rusk
2nd Floor
Houston, TX 77002
713-250-5266
Fax: INS_prob1
ATTORNEY TO BE NOTICED
Designation: Retained

Date Filed #Docket Text
05/31/20001INFORMATION as to Bay Industries, Inc. (1) count(s) 1 , filed. (pgalvan) (Entered: 06/07/2000)
05/31/2000AO 257 Information Sheet as to Bay Industries, Inc. , filed. (pgalvan) (Entered: 06/07/2000)
05/31/2000ORDER for Issuance of Summons as to Bay Industries, Inc. ( Signed by Magistrate Judge Nancy K. Johnson ), entered. (pgalvan) (Entered: 06/07/2000)
05/31/2000  SUMMONS issued for Bay Industries, Inc. First Appearance set for 10:00 6/19/00 for Bay Industries, Inc. before Magistrate Judge Calvin Botley (pgalvan) (Entered: 06/07/2000)
05/31/2000AFFIDAVIT by USA as to Bay Industries, Inc. Re: price fixing case , filed. (pgalvan) (Entered: 01/22/2002)
06/19/200029 SUMMONS issued 6/1/00 Returned Executed as to Bay Industries, Inc. on 6/8/00 filed. (ckrus) Modified on 01/22/2002 (Entered: 06/19/2000)
06/21/2000First Appearance as to Bay Industries, Inc. held before Magistrate Judge Marcia A. Crone Ct Reporter: ERO (Defendant informed of rights.) App. Rosman and Sharp f/govt and Finder f/deft, filed. (ckrus) (Entered: 06/21/2000)
06/21/2000WAIVER OF INDICTMENT by Bay Industries, Inc. , filed. (ckrus) (Entered: 06/21/2000)
06/21/2000Arraignment held before Magistrate Judge Marcia A. Crone Ct Reporter: ERO Bay Industries, Inc. (1) count(s) 1 , filed., Plea of Not Guilty: count 1 App. Sharp f/govt and Finder f/deft. Ronn Kleinschmidt is corp. representative. (ckrus) (Entered: 06/22/2000)
06/21/2000WAIVER of Speedy Trial Limits by Bay Industries, Inc., filed. (ckrus) (Entered: 06/22/2000)
06/21/2000LETTER regarding approving selection of Ronn Kleinschmidt as corporate representative by Bay Industries, Inc, filed. (ckrus) (Entered: 06/22/2000)
06/21/200010 LETTER regarding waiving indictment by Bay Industries, Inc. as to Bay Industries, Inc. , filed. (ckrus) (Entered: 06/22/2000)
06/21/200011SCHEDULING ORDER setting Motion Filing deadline on 7/14/00 for Bay Industries, Inc. ; Motion Response deadline 7/21/00 Proposed Voir Dire and Jury Charges by 7/24/00 Pretrial Conference for 8:30 7/31/00; Jury Trial for 9:00 8/7/00 before Judge Nancy F. Atlas ( Signed by Magistrate Judge Marcia A. Crone ), entered. Parties ntfd. ETT: 3 weeks Waiver of Speedy Trial? NO (ckrus) (Entered: 06/22/2000)
07/14/200012 AGREED MOTION to expedite pretrial conference by Bay Industries, Inc. , filed. (ckrus) Modified on 07/14/2000 (Entered: 07/14/2000)
07/30/200013ORDER granting [12-1] motion to expedite pretrial conference reset pretrial conference for 8:30 7/31/00 for Bay Industries, Inc. before Judge Nancy F. Atlas ( Signed by Judge Nancy F. Atlas ), Parties ntfd. (ckrus) (Entered: 07/31/2000)
07/31/200014HEARING MINUTES AND ORDER (Pretrial Conference held) as to Bay Industries, Inc. ( Signed by Judge Nancy F. Atlas ), entered. Parties ntfd. Ct Reporter: K Metzger K Sharpe f/Govt Larry Finder/Barry McNeil f/deft. Deft notifies the court that it wishes to plead guilty. Rerraignment is set 8/31/00 at 12:30 p.m. Speedy trial finds are made justifying the continuance of the trial setting. The Court agrees to consider waiving the PSI. (pgalvan) (Entered: 08/02/2000)
07/31/200015ORDER as to Bay Industries, Inc. ( Signed by Judge Nancy F. Atlas ), entered. Parties ntfd. The trial setting in this case is continued from the August 7, 2000, date. An excludable delay shall commence 7/31/00 and end at the commencement of trial or a disposition of charges. (pgalvan) (Entered: 08/03/2000)
07/31/200015Excludable Delay Worksheet XT start 7/31/00 as to Bay Industries, Inc. , filed. (pgalvan) (Entered: 08/03/2000)
08/02/2000  Re-Arraignment set for 12:30 8/31/00 for Bay Industries, Inc. before Judge Nancy F. Atlas (pgalvan) (Entered: 08/02/2000)
08/21/200016 MOTION by Bay Industries, Inc. waiver of PSI Report and non probationary sentence , filed. (ckrus) (Entered: 08/22/2000)
08/31/200017 Re-Arraignment held before Judge Nancy F. Atlas Ct Reporter: Sanchez , filed., Plea of Guilty: Bay Industries, Inc. (1) count(s) 1 (Terminated motions - terminating [16-1] motion waiver of PSI Report and non probationary sentence. App. Rosman f/govt and Finder and Kleinschmidt f/deft. (ckrus) (Entered: 09/05/2000)
08/31/200018Plea Agreement as to Bay Industries, Inc. , filed. (ckrus) (Entered: 09/05/2000)
08/31/200019ORDER waiving PSI Report as to Bay Industries, Inc. (Signed by Judge Nancy F. Atlas ), entered. Parties ntfd. (ckrus) (Entered: 09/05/2000)
08/31/200020 Sentencing held before Judge Nancy F. Atlas Ct Reporter: Sanchez Bay Industries, Industries, Inc. (1) count(s) 1. $3,500,000 fine. $200 SA. Deft to purchase a copy of this proceeding. Deft to provide status report on 3/1/01, 9/1/01, 3/1/02, and 9/1/02 to be filed under seal. , filed. US Probation Officer: Pope. App. Rosman f/govt and Finder f/deft. (ckrus) (Entered: 09/05/2000)
08/31/200021Notice of Right to Appeal as to Bay Industries, Inc. ( signed by Judge Nancy F. Atlas ), filed. (ckrus) (Entered: 09/05/2000)
09/08/200022JUDGMENT as to , Bay Industries, Inc. (1) count(s) 1 ( Signed by Judge Nancy F. Atlas ), entered. Parties ntfd. (ckrus) (Entered: 09/11/2000)
10/05/200023 TRANSCRIPT filed in case as to Bay Industries, Inc. for Re-Arraignment & Sentencing Hearing for dates of 8/31/00 before Judge Atlas , filed. ( Court Rptr: J. Sanchez) (fmremp) (Entered: 10/06/2000)
02/27/200124 SEALED DOCUMENT as to Bay Industries, Inc. , filed. Deft Motion to Seal Compliance Report and Supporting Affidavits (pgalvan) (Entered: 02/27/2001)
03/01/200125 SEALED ORDER sealing first compliance report and supporting affidavits as to Bay Industries, Inc. ( Signed by Judge Nancy F. Atlas ), entered. Parties ntfd. (ckrus) (Entered: 03/05/2001)
08/24/200126 MOTION by Bay Industries, Inc. to seal , filed. (ckrus) (Entered: 08/24/2001)
08/24/200127 SEALED DOCUMENT as to Bay Industries, Inc. , filed. (ckrus) (Entered: 08/24/2001)
08/27/200128ORDER granting [26-1] motion to seal second compliance report and supporting affidiavits as to Bay Industries, Inc. (Signed by Judge Nancy F. Atlas), entered. Parties ntfd. (ckrus) (Entered: 08/29/2001)
02/27/200229 MOTION by Bay Industries, Inc. SEALED , filed. (khightower) (Entered: 03/01/2002)
02/27/200230 SEALED DOCUMENT as to Bay Industries, Inc. , filed. (khightower) (Entered: 03/01/2002)
03/05/200231 SEALED ORDER as to Bay Industries, Inc. granting [29-1] motion SEALED as to Bay Industries, Inc. (1) ( Signed by Judge Nancy F. Atlas ), entered. Parties ntfd. (khightower) (Entered: 03/06/2002)
08/30/200232 MOTION by Bay Industries, Inc. SEALED , filed. (4com) (khightower) (Entered: 09/06/2002)
09/10/200233 SEALED ORDER as to Bay Industries, Inc. granting [32-1] motion SEALED as to Bay Industries, Inc. (1) ( Signed by Judge Nancy F. Atlas ), entered. Parties ntfd. (khightower) (Entered: 09/11/2002)