TERMED

U.S. District Court
District of Idaho (LIVE Database)Version 5.1.1 (Boise - Southern)
CRIMINAL DOCKET FOR CASE #: 1:12-cr-00115-BLW All Defendants


Case title: USA v. Bodybuilding.com LLC
Other court case numbers: 1:11-cr-18-BLW District of Idaho
1:11-cr-233-BLW District of Idaho
1:11-cr-234-BLW District of Idaho
1:12-cr-090-BLW District of Idaho
1:12-cr-116-BLW District of Idaho

Date Filed: 05/08/2012
Date Terminated: 08/02/2012

Assigned to: Judge B. Lynn Winmill

Defendant (1)
Bodybuilding.com LLC
TERMINATED: 08/02/2012
represented byDru Nielsen
Reilly Pozner LLP
1900 16th Street, Suite 1799
Denver, CO 80202
303-893-6100
Email: dnielsen@rplaw.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Eugene A Ritti
HAWLEY TROXELL ENNIS & HAWLEY
PO Box 1617
Boise, ID 83701
(208) 344-6000
Fax: 1-208-344-6505
Email: eritti@hawleytroxell.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Larry Steven Pozner
Reilly Pozner LLP
1900 16th Street, Suite 1700
Denver, CO 80202
303-893-6100
Email: lpozner@rplaw.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Sean Connelly
Reilly Pozner LLP
1900 16th Street, Suite 1700
Denver, CO 80202
(303) 893-6100
Fax: 1-303-393-6110
Email: sconnelly@rplaw.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
NTRODUCTION AND DELIVERY FOR INTRODUCTION OF MISBRANDED DRUGS INTO INTERSTATE COMMERCE
(1-5)
Defendant is placed on Probation for a term of 4 years, consisting of 4 years on each of Counts 1-5 to run concurrent with each other. Total fine of $7,000,000, consisting of $1,400,000 per count. Total special assessment of $625, consisting of $125 per Count.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byKevin T Maloney
US ATTORNEY'S OFFICE
WASHINGTON GROUP PLZ IV
800 Park Blvd #600
Boise, ID 83712
208 334-1211
Email: Kevin.Maloney@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Wendy Olson
US ATTORNEY'S OFFICE
Washington Group Plaza IV
800 Park Blvd., Ste. 600
Boise, ID 83712
(208) 334-1211
Fax: (208) 334-1038
Email: Wendy.Olson@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/08/2012INFORMATION (Notice sent to USP & USM) as to Bodybuilding.com LLC (1) count(s) 1-5. (Attachments: # 1 Cover Sheet, # 2 Service Information Sheet) (cjm)
05/08/2012PLEA AGREEMENT as to Bodybuilding.com LLC (Notice sent to USP) (cjm)
05/09/2012  Set Hearings as to Bodybuilding.com LLC: Arraignment set for 5/24/2012 09:30 AM in Boise - Courtroom 6 before Judge Candy W Dale. Plea Agreement Hearing set for 5/24/2012 09:30 AM in Boise - Courtroom 6 before Judge Candy W Dale. Per Summons 3 .(cjm)
05/09/2012 MOTION FOR PRO HAC VICE APPEARANCE - Application for Admission Pro Hac Vice for Dru Nielsen - ( Filing fee $ 225 receipt number 0976-879953.) by Bodybuilding.com LLC as to Bodybuilding.com LLC. (Ritti, Eugene)
05/09/2012 MOTION FOR PRO HAC VICE APPEARANCE by Eugene A Ritti - Application For Admission Pro Hac Vice for Larry Pozner - ( Filing fee $ 225 receipt number 0976-879973.) by on behalf of Bodybuilding.com LLC as to Bodybuilding.com LLC. (Ritti, Eugene)
05/09/2012 MOTION FOR PRO HAC VICE APPEARANCE by Eugene A Ritti - Application for Admission Pro Hac Vice for Sean Connelly - ( Filing fee $ 225 receipt number 0976-879985.) by on behalf of Bodybuilding.com LLC as to Bodybuilding.com LLC. (Ritti, Eugene)
05/09/2012DOCKET ENTRY ORDER granting 4 , 5 & 6 Motions for Pro Hac Vice Appearances of attorneys Dru Nielsen, Larry Pozner and Sean Connelly. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) as to Bodybuilding.com LLC (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dks)
05/10/2012AMENDED DOCKET ENTRY NOTICE OF HEARING as to Bodybuilding.com LLC (Notice sent to USP & USM) Per the request of counsel in this matter, the Arraignment and Plea Agreement Hearing currently set for 5/24/2012 09:30 AM is hereby VACATED and RE-SET for 5/22/2012 09:30 AM in Boise - Courtroom 6 before Judge Candy W Dale. Counsel for Defendant to advise client regarding new hearing date. (ah)
05/11/2012Summons Returned Executed on 5/10/2012 as to Bodybuilding.com LLC (Notice sent to USP) (cjm)
05/15/201210 DOCKET ENTRY ORDER as to Bodybuilding.com LLC - IT IS HEREBY ORDERED THAT this matter shall be referred to Chief United States Magistrate Judge Candy W. Dale for the purpose of taking a plea. Signed by Judge B. Lynn Winmill. (Notice sent to USM)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jlg)(Mailed to attorney Pozner by cjm).
05/15/201211 WITHDRAWN - MOTION to Seal Document (Unopposed) by Bodybuilding.com LLC. (Nielsen, Dru) Modified on 5/23/2012 to reflect withdrawn document per Minute Entry 14 and Docket Entry Order #15 (cjm).
05/15/201212 WITHDRAWN - Sealed Document Re: 11 MOTION to Seal Document (Unopposed) (Nielsen, Dru) Modified on 5/23/2012 to reflect withdrawn document per Minute Entry 14 and Docket Entry Order #15 (cjm).
05/21/201213 ORDER ON MOTION TO SEAL denying 11 Motion to Seal Document as to Bodybuilding.com LLC (1). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
05/22/201214 Minute Entry for proceedings held before Judge Candy W Dale: Arraignment as to Bodybuilding.com LLC (1) Counts 1-5 held on 5/22/2012. Plea Agreement Hearing also held. (Notice sent to USP & USM) (Sentencing set for 8/1/2012 02:00 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill.) (ESR Z. Springer.) (ah)
05/22/201216 WAIVER OF RIGHT TO HAVE DISTRICT JUDGE TAKE PLEA by Bodybuilding.com LLC (jm) (Entered: 05/23/2012)
05/22/201217 REPORT AND RECOMMENDATIONS on Plea of Guilty as to Bodybuilding.com LLC. Objections to R&R due by 6/8/2012. Signed by Judge Candy W Dale.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jm) (Entered: 05/23/2012)
05/23/201215 DOCKET ENTRY ORDER - At Defendant's arraignment and plea agreement hearing on May 22, 2012, counsel for Defendant advised the Court that the Motion to Seal 11 was filed in error, as the subject document 12 did not need to be before the Court or otherwise a part of the record. Defendant orally moved to withdraw the Motion to Seal 11 , which the Government did not oppose, and which Judge Dale granted 14 . Consistent with those proceedings, and the withdrawal of the Motion to Seal 11 , IT IS ORDERED THAT the subject document 12 is also withdrawn. The document 12 shall be sealed from view as though it had not been filed. (Notice sent to USM) Signed by Judge B. Lynn Winmill.(dh)
06/11/201218 ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Bodybuilding.com LLC for 17 Report and Recommendation of Guilty Plea, (Notice sent to USP & USM). Signed by Judge B. Lynn Winmill.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dks)
07/17/201219 OBJECTION/RESPONSE/REPLY TO PRESENTENCE INVESTIGATION REPORT (Sealed Document) by Bodybuilding.com LLC (Notice sent to USP) (Nielsen, Dru)
07/18/201220 Certificate of Service by Bodybuilding.com LLC re 19 Objection/Response/Reply to Presentence Investigation Report (Nielsen, Dru)
07/25/201221 SENTENCING MEMORANDUM by USA as to Bodybuilding.com LLC (Notice sent to USP) (Maloney, Kevin)
07/31/201222  MOTION Motion for Order Permitting the Destruction of Products by USA as to Bodybuilding.com LLC. (Maloney, Kevin)
08/01/201223  Minute Entry for proceedings held before Judge B. Lynn Winmill:Sentencing held on 8/1/2012 for Bodybuilding.com LLC (1), Count(s) 1-5, Defendant is placed on Probation for a term of 4 years, consisting of 4 years on each of Counts 1-5 to run concurrent with each other. Total fine of $7,000,000, consisting of $1,400,000 per count. Total special assessment of $625, consisting of $125 per Count. (Notice sent to USP & USM) (Court Reporter Tammy Hohenleitner.) (jlg) (Entered: 08/02/2012)
08/02/201224 JUDGMENT as to Bodybuilding.com LLC (1), Count(s) 1-5, Defendant is placed on Probation for a term of 4 years, consisting of 4 years on each of Counts 1-5 to run concurrent with each other. Total fine of $7,000,000, consisting of $1,400,000 per count. Total special assessment of $625, consisting of $125 per Count. (Notice sent to USP and USM). Signed by Judge B. Lynn Winmill.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
08/02/201225 ORDER PERMITTING DESTRUCTION OF PRODUCTS granting 22 Motion to Permit Destruction of Products as to Bodybuilding.com LLC (1). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)