| CLOSED |
Case title: USA v. Bouchard Transportation Company, Inc. |
Date Filed: 03/29/2004 Date Terminated: 01/05/2005 |
| Assigned to: Magistrate Judge Marianne B. Bowler | ||
Defendant (1) |
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Bouchard Transportation Company, Inc.
TERMINATED: 01/05/2005 |
represented by | Mark A. Walsh
Dewey & LeBoeuf LLP 1101 New York Avenue NW Washington, DC 20005 202-346-8150 Fax: 202-356-3355 Email: mark.walsh@dl.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Ronald W. Zdrojeski Robinson & Cole 280 Trumbull Street Hartford, CT 06103 860-275-8200 Email: rzdrojeski@rc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Thomas M. Russo Freehill, Hogan and Mahar LLP 80 Pine Street New York, NY 10005 212-425-1900 Fax: 212-425-1901 Email: Russo@freehill.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
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| 33:1319(c)(1); 1321(b)(3) - Clean Water Act-Negligent Discharge of Pollutant (1) |
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| 33:1319(c)(1), 1321(b)(3) Clean Water Act-Negligent Discharge of Pollutant (1s) |
Three years probation plus a $10,000,000.00 fine for counts 1s and 2s; $9,000,000.00 plus the $175.00 special assessment to be paid forthwith and $1,000,000.00 suspended as long as deft. complies with standard and special conditions of probation. | |
| 16:703 and 707(a) Migratory Bird Treaty Act (2) |
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| 16:703 and 707(a) Migratory Bird Treaty Act (2s) |
Three years probation plus a $10,000,000.00 fine for counts 1s and 2s; $9,000,000.00 plus the $175.00 special assessment to be paid forthwith and $1,000,000.00 suspended as long as deft. complies with standard and special conditions of probation. | |
Highest Offense Level (Opening) |
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| Misdemeanor | ||
Terminated Counts |
Disposition |
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| None | ||
Highest Offense Level (Terminated) |
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| None | ||
Complaints |
Disposition |
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| None |
Plaintiff |
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| USA | represented by | Jonathan F. Mitchell
United States Attorney's Office John Joseph Moakley Federal Courthouse 1 Courthouse Way Suite 9200 Boston, MA 02210 617-748-3274 Fax: 617-748-3960 Email: jonathan.mitchell@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Joshua S. Levy Ropes & Gray LLP Prudential Tower 800 Boylston Street Boston, MA 02199-3600 617-951-7281 Fax: 617-951-7050 Email: jlevy@ropesgray.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Nadine Pellegrini United States Attorney's Office John Joseph Moakley Federal Courthouse 1 Courthouse Way Suite 9200 Boston, MA 02210 617-748-3107 Fax: 617-748-3951 Email: nadine.pellegrini@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/29/2004 | 1 | INFORMATION (Misdemeanor) as to Bouchard Transportation Company, Inc. (1) count(s) 1, 2. (Gawlik, Cathy) (Entered: 03/31/2004) |
| 03/29/2004 | 9 | PLEA AGREEMENT as to Bouchard Transportation Company, Inc. (Rynne, Michelle) (Entered: 05/24/2004) |
| 03/31/2004 | CASE FILE as to Bouchard Transportation Company, Inc. Referred to Emergency Judge Gertner for determination as to whether the case should be continued before the District Court or referred to a Magistrate Judge of this Court. (Gawlik, Cathy) (Entered: 04/07/2004) | |
| 04/07/2004 | ORDER as to Bouchard Transportation Company, Inc. on reference for review of misdemeanor information. After review of this case pursuant to the provisions of Rule 18:3401(f) it is ordered that this case be Ordered Referred to Magistrate Judge. Case assigned to Judge Marianne B. Bowler. (Gawlik, Cathy) (Entered: 04/07/2004) | |
| 04/14/2004 | 2 | NOTICE OF HEARING as to Bouchard Transportation Company, Inc. Arraignment set for 4/22/2004 02:15 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. Initial Appearance set for 4/22/2004 02:15 PM before Magistrate Judge Marianne B. Bowler. (Saccoccio, Dianalynn) (Entered: 04/14/2004) |
| 04/16/2004 | 3 | NOTICE OF ATTORNEY APPEARANCE: Mark A. Walsh appearing for Bouchard Transportation Company, Inc. (Folan, Karen) (Entered: 04/20/2004) |
| 04/16/2004 | 4 | ASSENTED TO MOTION to Continue arraignment and schedule a Rule 11 hearingas to Bouchard Transportation Company, Inc. . (Folan, Karen) (Entered: 04/20/2004) |
| 04/21/2004 | Judge Marianne B. Bowler : electronic ORDER entered granting 4 Motion to Continue as to Bouchard Transportation Company, Inc. (1). The matter is continued until May 13, 2004, at 10:00 a.m. for the purposes of arraignment and a Rule 11 hearing. (Bowler, Marianne) (Entered: 04/21/2004) | |
| 04/21/2004 | 5 | MOTION for Leave to Appear Pro Hac Vice by Ronald W. Zdrojeski and Thomas M. Russo as to Bouchard Transportation Company, Inc. . (No Fee received)(Rynne, Michelle) (Entered: 05/07/2004) |
| 04/23/2004 | FILING FEE PAID $ 100.00 regarding 5 MOTION for Leave to Appear Pro Hac Vice by Ronald W. Zdrojeski and Thomas M. Russo as to Bouchard Transportation Company, Inc. (Rynne, Michelle) (Entered: 05/07/2004) | |
| 05/11/2004 | Judge Marianne B. Bowler : electronic ORDER entered granting 5 Motion for Leave to Appear as to Bouchard Transportation Company, Inc. (1) (Bowler, Marianne) (Entered: 05/11/2004) | |
| 05/13/2004 | Electronic Clerk's Notes for proceedings held before Judge Marianne B. Bowler :Arraignment as to Bouchard Transportation Company, Inc. (1) Count 1,2 held on 5/13/2004, Initial Appearance as to Bouchard Transportation Company, Inc. held on 5/13/2004; Joshua Levy for the govt.;David Picozzi for Pretrial Services; Thomas Russo for the deft. also representing the corporation in order to plead at arraignment; Corporation waives reading of the rights and charges as well; Corporation pleads not guilty; Rule 11 hearing set for May 20, 2004 at 2:00 PM (Tape #Digital.) (Saccoccio, Dianalynn) (Entered: 05/13/2004) | |
| 05/14/2004 | 6 | Power of Attorney by Bouchard Transportation Company, Inc. (Rynne, Michelle) (Entered: 05/18/2004) |
| 05/20/2004 | Electronic Clerk's Notes for proceedings held before Judge Marianne B. Bowler :Plea and Sentence Hearing held on 5/20/2004 Bouchard Transportation Company, Inc. (1) Plea of guilty on Counts 1,2Bouchard Transportation Company, Inc. (1) Plea of guilty on Counts 1,2Bouchard Transportation Company, Inc. (1) Dismissed counts Count 1,2. Joshua Levy and Jonathan Mitchell for the govt.; Thomas Russo, Ronald Zdrojeski and Mark Walsh for the deft.;Atty. Russo pleads guilty on behalf of the corporation to all counts; Court accepts the plea; Sentencing set for September 14, 2004 at 2:15 PM (Court Reporter Valerie O'Hara.) (Saccoccio, Dianalynn) (Entered: 05/20/2004) | |
| 05/20/2004 | 8 | CONSENT TO TRIAL BEFORE US MAGISTRATE JUDGE, WAIVER OF RIGHT TO TRIAL BY JURY, and WAIVER OF RIGHT TO HAVE 30 DAYS TO PREPARE FOR TRIAL, by Bouchard Transportation Company, Inc. (Rynne, Michelle) (Entered: 05/24/2004) |
| 05/21/2004 | 7 | Judge Marianne B. Bowler : ORDER entered PROCEDURAL ORDER re sentencing hearing as to Bouchard Transportation Company, Inc. Sentencing set for 9/14/2004 02:15 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Saccoccio, Dianalynn) (Entered: 05/21/2004) |
| 05/27/2004 | 10 | NOTICE OF ATTORNEY APPEARANCE Jonathan F. Mitchell appearing for USA. (Rynne, Michelle) (Entered: 06/08/2004) |
| 08/19/2004 | 11 | TRANSCRIPT of Hearing as to Bouchard Transportation Company, Inc. held on May 20, 2004 before Judge Bowler. Court Reporter: Valerie A. O'Hara. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 978-465-1458 or the Clerk's Office. (Scalfani, Deborah) (Entered: 08/19/2004) |
| 08/20/2004 | 12 | Unoppossed MOTION for Extension of Time to 9/3/04 for objections to the presentence report as to Bouchard Transportation Company, Inc. by USA. (Rynne, Michelle) (Entered: 09/08/2004) |
| 09/09/2004 | Judge Marianne B. Bowler : electronic ORDER entered granting 12 Motion for Extension of Time as to Bouchard Transportation Company, Inc., nunc pro tunc. (1) (Bowler, Marianne) (Entered: 09/09/2004) | |
| 09/10/2004 | 13 | SENTENCING MEMORANDUM by USA as to Bouchard Transportation Company, Inc. (Rynne, Michelle) (Entered: 09/29/2004) |
| 09/14/2004 | Electronic Clerk's Notes for proceedings held before Judge Marianne B. Bowler :Hearing as to Bouchard Transportation Company, Inc. held on 9/14/2004; Johnathan Mitchell for the govt.; Thomas Russo for the deft.; Sentencing did not take place today; Court holds sidebar and take a brief recess; Court resumes; Parties are to file briefs by October 1, 2004 and a conference call is scheduled in this court on October 7, 2004. (Court Reporter Richard Romanow.) (Saccoccio, Dianalynn) (Entered: 09/14/2004) | |
| 09/14/2004 | 15 | Letter (non-motion) by Barney Frank, Mark Montigny, Joan Menard, Marc Pacheco, John Quinn, Robert Koczera, Antonio Cabral, Mark Howland, William Straus, Michael Rodrigues, Susan Williams Gifford regarding allocation of fine as to Bouchard Transportation Company, Inc. (Rynne, Michelle) (Entered: 10/01/2004) |
| 09/30/2004 | 14 | Assented to MOTION for Extension of Time to 10/14/04 to File briefs supporting plea agreement and to 10/20/04 for hearing on sameas to Bouchard Transportation Company, Inc. by USA. (Rynne, Michelle) (Entered: 10/01/2004) |
| 10/01/2004 | Judge Marianne B. Bowler: Electronic ORDER entered granting 14 Motion for Extension of Time to File as to Bouchard Transportation Company, Inc.(1). (Bowler, Marianne) (Entered: 10/01/2004) | |
| 10/22/2004 | 16 | Assented to STATUS REPORT by USA as to Bouchard Transportation Company, Inc. (Rynne, Michelle) (Entered: 10/22/2004) |
| 10/22/2004 | 17 | SUPERSEDING INFORMATION (Misdemeanor) as to Bouchard Transportation Company, Inc. (1) count(s) 1s, 2s. (Gawlik, Cathy) (Entered: 10/22/2004) |
| 11/01/2004 | 18 | PLEA AGREEMENT as to Bouchard Transportation Company, Inc. (Barrette, Mark) (Entered: 11/04/2004) |
| 11/08/2004 | 19 | NOTICE OF HEARING for Bouchard Transportation Company, Inc.: Plea and Sentencing set for 11/18/2004 at 2:30 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Saccoccio, Dianalynn) (Entered: 11/08/2004) |
| 11/18/2004 | Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Plea and sentence hearing for Bouchard Transportation Company held on 11/18/2004; (1) Plea of guilty and sentencing on Count 1s and 2s; (Court Reporter Carol Scott.) (Saccoccio, Dianalynn) Modified on 12/29/2004 (Saccoccio, Dianalynn). (Entered: 12/29/2004) | |
| 12/06/2004 | 20 | TRANSCRIPT of Plea and Disposition as to Bouchard Transportation Company, Inc. held on November 18, 2004 before Judge Bowler. Court Reporter: Donald E. Womack. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/06/2004) |
| 12/29/2004 | electronic Clerk's Notes for proceedings held before Magiatrate Judge Marianne B. Bowler: Sentencing held on 11/18/2004 for Bouchard Transportation Company, Inc. (1) for count(s) 1s and 2s; Three years probation plus a $10,000,175.00 fine for counts 1s and 2s; $9,000,000.00 plus the $175.00 special assessment to be paid forthwith and $1,000,000.00 suspended as long as deft. complies with standard and special conditions of probation. (Court Reporter Carol Scott.) (Saccoccio, Dianalynn) (Entered: 12/29/2004) | |
| 01/05/2005 | 21 | Judge Marianne B. Bowler : ORDER entered. JUDGMENT as to Bouchard Transportation Company, Inc. (1), Count(s) 1s, Three years probation plus a $10,000,000.00 fine, of which $9,000,000.00 plus the $175.00 special assessment to be paid forthwith and $1,000,000.00 suspended as long as deft. complies with standard and special conditions of probation; Count(s) 2s, Three years probation plus a $10,000,000.00 fine, of which $9,000,000.00 plus the $175.00 special assessment to be paid forthwith and $1,000,000.00 suspended as long as deft. complies with standard and special conditions of probation. Said sentence to run concurrent with Count 1s. (Johnson, Mary) Modified on 1/6/2005 (Johnson, Mary). Additional attachment(s) added on 1/7/2005 (Saccoccio, Dianalynn). (Entered: 01/06/2005) |
| 01/06/2005 | Case Terminated as to Bouchard Transportation Company, Inc.. (Johnson, Mary) (Entered: 01/06/2005) | |
| 01/07/2005 | Remark for Bouchard Transportation Company, Inc.: Docket Entry 21 re-docketed for correction on page 7 of judgment. (Saccoccio, Dianalynn) (Entered: 01/07/2005) | |
| 02/17/2006 | 22 | Letter (non-motion) as to Bouchard Transportation Company, Inc. filed by the Govt. (Duffy, Marc) (Entered: 02/21/2006) |
| 03/28/2006 | 23 | Letter (non-motion) regarding Bouchard's response to USA's letter of February 17, 2006 advising of your concerns which arose from Capt. Ireland's audit pursuant to the plea agreement. as to Bouchard Transportation Company, Inc. (Attachments: # 8 Supplement to March 23, 2006 letter)(Russo, Thomas) (Entered: 03/28/2006) |
| 05/04/2006 | 24 | Letter (non-motion) by USA as to Bouchard Transportation Company, Inc. (Duffy, Marc) (Entered: 05/05/2006) |
| 05/15/2006 | 25 | Letter (non-motion) regarding Response to AUSA's request for more details regarding Bouchard Transportation Company's adoption of Capt. Ireland's suggestions and asking that BTC allow Capt. Ireland to prepare an interim audit focusing on BTC's implementation of his recommendations in his First Annual Report. as to Bouchard Transportation Company, Inc. (Russo, Thomas) (Entered: 05/15/2006) |
| 02/10/2009 | 26 | First MOTION for Clarification of Fine as to Bouchard Transportation Company, Inc.by USA. (Donato, Christopher) (Entered: 02/10/2009) |
| 02/18/2009 | 27 | RESPONSE to Motion by Bouchard Transportation Company, Inc. re 26 First MOTION for Clarification of Fine (Russo, Thomas) (Entered: 02/18/2009) |