CLOSED

U.S. District Court
Southern District of California (San Diego)
CRIMINAL DOCKET FOR CASE #: 3:11-cr-01268-JLS-1


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)
CNGI, Inc.
TERMINATED: 08/26/2011
represented byJohn 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)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byU 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)
04/12/2011INFORMATION as to CNGI, Inc. (1) count(s) 1, Randy Frager (2) count(s) 2. (smy) (av1). (Entered: 04/13/2011)
04/12/2011WAIVER OF INDICTMENT by CNGI, Inc. (smy) (Entered: 04/13/2011)
04/12/2011Minute 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)
04/12/2011CONSENT TO RULE 11 PLEA in a Felony Case before United States Magistrate Judge by CNGI, Inc. (smy) (Entered: 04/13/2011)
04/12/2011PLEA AGREEMENT as to CNGI, Inc. (1) (smy) (Entered: 04/13/2011)
04/12/201110 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)
04/12/201111 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)
04/14/201112 NOTICE OF ATTORNEY APPEARANCE Melanie K Pierson appearing for USA. (Pierson, Melanie) (lmt). (Entered: 04/14/2011)
05/11/201114 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)
06/09/201115  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)
06/13/201117 SENTENCING SUMMARY CHART by USA as to CNGI, Inc. (Pierson, Melanie) (lmt). (Entered: 06/13/2011)
06/13/201118 SENTENCING SUMMARY CHART by USA as to CNGI, Inc. (Pierson, Melanie) (lmt). (Entered: 06/13/2011)
07/01/201119 Joint MOTION to Continue Sentencing by CNGI, Inc.. (Attachments: # 1 Proof of Service)(Kirby, John) (ag). (Entered: 07/01/2011)
07/11/201124 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)
08/08/201127 SENTENCING MEMORANDUM by CNGI, Inc. (Attachments: # 1 Exhibit, # 2 Proof of Service)(Kirby, John) (lmt). (Entered: 08/08/2011)
08/08/201129  MOTION to Shorten Time to File Sentencing Memorandum by CNGI, Inc.. (Attachments: # 1 Proof of Service)(Kirby, John) (lmt). (Entered: 08/08/2011)
08/09/201130 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)
08/10/201131 SENTENCING MEMORANDUM by USA as to CNGI, Inc. (Pierson, Melanie) (lmt). (Entered: 08/10/2011)
08/11/201134 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)
08/11/201136  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)
08/12/201139 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)
08/26/201142 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)
09/01/201143 Joint MOTION to Amend/Correct 42 Judgment by USA as to CNGI, Inc.. (Attachments: # 1 Declaration)(Pierson, Melanie) (lmt). (Entered: 09/01/2011)
09/02/201144 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)
09/06/201145 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)
09/20/201146 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)