| CLOSED |
Case title: USA v. CNGI, Inc. et al |
Date Filed: 04/12/2011 Date Terminated: 08/26/2011 |
| Assigned to: Judge Janis L. Sammartino | ||
Defendant (1) |
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CNGI, Inc.
TERMINATED: 08/26/2011 |
represented by | John David Kirby
John D Kirby, Attorney at Law 1010 Second Avenue Suite 1850 San Diego, CA 92101 (619) 557-0100 Fax: (619)557-0123 Email: jkirby@johnkirbylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| 21:331(a), 351(f) and 333(a)(2) - Introduction into Interstate Commerce of Unapproved Medical Devices (Felony) (1) |
Probation for 5 years; $400.00 assessment imposed; $100,000.00 fine imposed | |
Highest Offense Level (Opening) |
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| Felony | ||
Terminated Counts |
Disposition |
|
| None | ||
Highest Offense Level (Terminated) |
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| None | ||
Complaints |
Disposition |
|
| None |
Plaintiff |
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| USA | represented by | U S Attorney CR
U S Attorneys Office Southern District of California Criminal Division 880 Front Street Room 6293 San Diego, CA 92101 (619)557-5610 Fax: (619)557-5917 Email: Efile.dkt.gc2@usdoj.gov TERMINATED: 04/14/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Assistant United States Attorney Melanie K Pierson U S Attorneys Office Southern District of California Criminal Division 880 Front Street Room 6293 San Diego, CA 92101 (619)557-5610 Fax: (619)557-7055 Email: Melanie.Pierson@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Assistant United States Attorney |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/11/2011 | Arrest of CNGI, Inc., Randy Frager (smy) (Entered: 04/13/2011) | |
| 04/12/2011 | 1 | INFORMATION as to CNGI, Inc. (1) count(s) 1, Randy Frager (2) count(s) 2. (smy) (av1). (Entered: 04/13/2011) |
| 04/12/2011 | 2 | WAIVER OF INDICTMENT by CNGI, Inc. (smy) (Entered: 04/13/2011) |
| 04/12/2011 | 3 | Minute Entry for proceedings held before Magistrate Judge Louisa S Porter: Initial Appearance and Arraignment on Count 1 of the Information as to CNGI, Inc. (1) held on 4/12/2011. Attorney John David Kirby retained as counsel for CNGI, Inc. Not Guilty plea entered. Change of Plea Hearing as to CNGI, Inc. held on 4/12/2011. Plea Tendered by CNGI, Inc. Guilty on Count 1 of the Information. Objection to Findings due within 14 days. PSR Ordered. Sentence With PSR set for 7/15/2011 09:00 AM in Courtroom 06 before Judge Janis L. Sammartino. (CD# 4/12/2011 POR 16:18-16:48). (Plaintiff Attorney Melanie Pierson, AUSA). (Defendant Attorney John Kirby, RET). (smy) Modified on 4/13/2011 to correct sentencing date; NEF regenerated (smy). (Entered: 04/13/2011) |
| 04/12/2011 | 8 | CONSENT TO RULE 11 PLEA in a Felony Case before United States Magistrate Judge by CNGI, Inc. (smy) (Entered: 04/13/2011) |
| 04/12/2011 | 9 | PLEA AGREEMENT as to CNGI, Inc. (1) (smy) (Entered: 04/13/2011) |
| 04/12/2011 | 10 | FINDINGS AND RECOMMENDATION of the Magistrate Judge upon a Tendered Plea of Guilty as to CNGI, Inc. (1): Recommending that the district judge accept the defendant's plea of guilty. Signed by Magistrate Judge Louisa S Porter on 4/12/11. (smy) (Entered: 04/13/2011) |
| 04/12/2011 | 11 | Excludable Minute Order as to CNGI, Inc. Excludable(s) started as to CNGI, Inc.: XK 4/12/11 - 7/15/11 (Proposed Plea Agreement), XT1 4/12/11 - 7/15/11 (Interest of Justice). Signed by Magistrate Judge Louisa S Porter on 4/12/11. (smy) (Entered: 04/13/2011) |
| 04/14/2011 | 12 | NOTICE OF ATTORNEY APPEARANCE Melanie K Pierson appearing for USA. (Pierson, Melanie) (lmt). (Entered: 04/14/2011) |
| 05/11/2011 | 14 | ORDER as to CNGI, Inc.: No objections having been filed, it is Ordered that the 10 Findings and Recommendation of the Magistrate Judge are adopted and this Court accepts defendant's Plea of Guilty to count(s) 1 of the Information. Signed by Judge Janis L. Sammartino on 5/11/11. (lmt)(jrd) (Entered: 05/11/2011) |
| 06/09/2011 | 15 | PRE-SENTENCE REPORT as to CNGI, Inc.. Report prepared by: Gina Gitana. (Document applicable to USA, CNGI, Inc..) (Luna, G.) (lmt). (Entered: 06/09/2011) |
| 06/13/2011 | 17 | SENTENCING SUMMARY CHART by USA as to CNGI, Inc. (Pierson, Melanie) (lmt). (Entered: 06/13/2011) |
| 06/13/2011 | 18 | SENTENCING SUMMARY CHART by USA as to CNGI, Inc. (Pierson, Melanie) (lmt). (Entered: 06/13/2011) |
| 07/01/2011 | 19 | Joint MOTION to Continue Sentencing by CNGI, Inc.. (Attachments: # 1 Proof of Service)(Kirby, John) (ag). (Entered: 07/01/2011) |
| 07/11/2011 | 24 | ORDER granting 19 Joint Motion to Continue Sentencing as to CNGI, Inc. (1): The Sentence With PSR set for 7/15/11 is continued to 8/12/2011 at 09:00 AM. Signed by Judge Janis L. Sammartino on 7/11/11.(lmt) (Entered: 07/12/2011) |
| 08/08/2011 | 27 | SENTENCING MEMORANDUM by CNGI, Inc. (Attachments: # 1 Exhibit, # 2 Proof of Service)(Kirby, John) (lmt). (Entered: 08/08/2011) |
| 08/08/2011 | 29 | MOTION to Shorten Time to File Sentencing Memorandum by CNGI, Inc.. (Attachments: # 1 Proof of Service)(Kirby, John) (lmt). (Entered: 08/08/2011) |
| 08/09/2011 | 30 | ORDER granting 29 Motion to Shorten Time as to CNGI, Inc. (1). Signed by Judge Janis L. Sammartino on 8/9/11.(lmt) (Entered: 08/09/2011) |
| 08/10/2011 | 31 | SENTENCING MEMORANDUM by USA as to CNGI, Inc. (Pierson, Melanie) (lmt). (Entered: 08/10/2011) |
| 08/11/2011 | 34 | Notice of Document Discrepancies and Order Thereon by Judge Janis L. Sammartino Accepting Document: Government's Sentencing Memo from USA. Non-compliance with local rule(s), Civ. L. Rule 7.1 or 47.1: Date noticed for hearing not in compliance with rules/documents are not timely. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge Janis L. Sammartino on 8/11/11. (lmt)(jrd) (Entered: 08/11/2011) |
| 08/11/2011 | 36 | MOTION to Shorten Time for filing of Sentencing Memo by USA as to CNGI, Inc.. (Attachments: # 1 Declaration)(Pierson, Melanie) (lmt). (Entered: 08/11/2011) |
| 08/12/2011 | 39 | Minute Entry for proceedings held before Judge Janis L. Sammartino : Sentence With PSR Hearing for CNGI, Inc. (1) on count 1 of the Information. Probation for 5 years; $400.00 assessment imposed; $100,000.00 fine imposed (Court Reporter Gayle Wakefield / CRD A Ramos / USPO M English / AUSA Melanie Pierson / RETD John D. Kirby) (acr) Modified on 8/25/2011 re fine imposed (acr) (Entered: 08/15/2011) |
| 08/26/2011 | 42 | JUDGMENT as to CNGI, Inc. (1), Count(s) 1, Probation for 5 years; $400.00 assessment imposed; $100,000.00 fine imposed. Signed by Judge Janis L. Sammartino. (lmt) (cap). (Entered: 08/26/2011) |
| 09/01/2011 | 43 | Joint MOTION to Amend/Correct 42 Judgment by USA as to CNGI, Inc.. (Attachments: # 1 Declaration)(Pierson, Melanie) (lmt). (Entered: 09/01/2011) |
| 09/02/2011 | 44 | Notice of Document Discrepancies and Order Thereon by Judge Janis L. Sammartino Accepting Document: Joint Motion for Amendment of Judgment from USA. Non-compliance with local rule(s), OTHER: Missing joint s/ signature. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge Janis L. Sammartino on 9/2/11. (lmt)(jrd) (Entered: 09/02/2011) |
| 09/06/2011 | 45 | ORDER granting 43 Motion to Amend Judgment as to CNGI, Inc. (1): it is hereby ordered that the Judgment and Commitment Order for defendant CNGI, Inc. shall be amended to delete the words "jointly and severally with Randy Frager" on page 4 of the Judgment. Signed by Judge Janis L. Sammartino on 9/6/11.(lmt) (Entered: 09/06/2011) |
| 09/20/2011 | 46 | AMENDED JUDGMENT as to CNGI, Inc. (1), Count(s) 1, Probation for 5 years; $400.00 assessment imposed; $100,000.00 fine imposed. Signed by Judge Janis L. Sammartino. (lmt) (jrl). (Entered: 09/20/2011) |