District of Vermont (Burlington)
CRIMINAL DOCKET FOR CASE #: 2:07-cr-00131-wks All Defendants

Case title: USA v. Cabot Creamery Cooperative, Inc.

Date Filed: 11/27/2007
Date Terminated: 05/05/2008

Assigned to: Judge William K. Sessions III

Defendant (1)
Cabot Creamery Cooperative, Inc.
TERMINATED: 05/05/2008
represented byRobert F. O'Neill
Gravel and Shea
76 St. Paul Street
P.O. Box 369
Burlington, VT 05402-0369
(802) 658-0220
Fax: (802) 658-1456
Email: roneill@gravelshea.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1311(a), 1319(c)(1)(A).M POLLUTANT DISCHARGES ILLEGAL - negligently discharged ammonia into the Winooski River
(1)
Probation for a term of 2 years with special conditions including: implementation of a program for employees to receive job specific environmental compliance training; obtain independent consultant to evaluate Cabot's compliance with Federal Clean Water Act & State of VT's water statutes & regulations and submit audit to AUSA & USPO; Cabot to identify the actions it plans to take in response to audit w/i 30 days of receipt of audit; development and submit to the Court an effective compliance and ethics program; contribute $50,000 to fund a Supplemental Environmental Project; payment of $50,000 fine.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byBarbara A. Masterson , AUSA
United States Attorney's Office
District of Vermont
P.O. Box 570
Burlington, VT 05402-0570
(802) 951-6725
Email: barbara.masterson@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
11/27/20071INFORMATION as to Cabot Creamery Cooperative, Inc. (1) count(s) 1. (law) (Entered: 11/27/2007)
11/27/20072PLEA AGREEMENT as to Cabot Creamery Cooperative, Inc. (law) (Entered: 11/27/2007)
11/30/20073NOTICE OF HEARING as to Cabot Creamery Cooperative, Inc.: Arraignment and Plea to an Information Hearing set for 12/17/2007 at 09:30 AM in Burlington Courtroom 542 before William K. Sessions III. (jam) (Entered: 11/30/2007)
12/18/2007MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Arraignment and Plea to an Information as to Cabot Creamery Cooperative, Inc. held on 12/18/2007. Dft present w/ counsel R. O'Neill through J. Pratt, Senior Vice Present; B. Masterson present for govt. Clerk swears dft & Court makes inquiries. Court informs dft of maximum penalties. Plea entered by Cabot Creamery Cooperative, Inc. (1) Guilty Count 1. Plea agreement reviewed. Statement of facts by govt. Court makes findings; accepts guilty plea; acceptance of plea agreement deferred. Dft waives PSR and requests that the Court proceed directly to sentencing. ORDERED: PSR is needed however the whole 90 days period may not be required; sentencing to be scheduled as soon as possible. (Court Reporter: Taped) (jam) (Entered: 12/18/2007)
03/17/20085NOTICE OF HEARING as to Cabot Creamery Cooperative, Inc.: Sentencing set for 4/21/2008 at 02:30 PM in Burlington Courtroom 542 before Judge William K. Sessions III.(jam) (Entered: 03/17/2008)
04/01/20086REVISED NOTICE OF HEARING as to Cabot Creamery Cooperative, Inc.: Sentencing reset for 5/5/2008 at 02:30 PM in Burlington Courtroom 542 before Judge William K. Sessions III.(jam) (Entered: 04/01/2008)
04/30/20087GOVT'S POSITION RE: SENTENCING as to Cabot Creamery Cooperative, Inc. (Attachments: # 1 Certificate of Service)(Masterson, Barbara) (text clarified 5/1/2008)(jmm) (Entered: 04/30/2008)
05/01/20088ALLOCUTION MEMORANDUM by Cabot Creamery Cooperative, Inc. (O'Neill, Robert) (text clarified 5/1/2008)(jmm) (Entered: 05/01/2008)
05/02/20089AMENDMENT to 8 ALLOCUTION MEMORANDUM by Cabot Creamery Cooperative, Inc. (O'Neill, Robert) (text clarified 5/2/2008) (adm) (Entered: 05/02/2008)
05/05/2008  RECEIPT FOR PAYMENT as to Cabot Creamery Cooperative, Inc. Payment of criminal debt in the amount of $50,150.00, receipt # 4682001290. (law) RECEIPT VOIDED 5/5/2008 (incorrect amount paid, refer to next entry for correct payment). (jmm) (Entered: 05/05/2008)
05/05/2008  RECEIPT FOR PAYMENT as to Cabot Creamery Cooperative, Inc.. Payment of criminal debt in the amount of $50125.00, receipt # 4682001291. (law) (Entered: 05/05/2008)
05/05/200810 NOTICE OF VOIDED RECEIPT re: Payment Received by Cabot Creamery Cooperative, Inc. Receipt #4682001290 ($50,150.00) has been VOIDED (incorrect amount paid). For correct amount paid, please refer to entry re: Receipt #4682001291 ($50,125.00). (jmm) (Entered: 05/05/2008)
05/05/200811 MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Sentencing held on 5/5/2008 for Cabot Creamery Cooperative, Inc. J. Pratt present as representative of Cabot w/ counsel R. O'Neill; B. Masterson present for govt. Statements by counsel. Court accepts binding plea agreement and makes findings. SENTENCE: Count 1: Probation for a term of 2 years with special conditions including: implementation of a program for employees to receive job-specific environmental compliance training; obtain independent consultant to evaluate Cabot's compliance with Federal Clean Water Act & State of VT's water statutes & regulations and submit audit to AUSA & USPO; Cabot to identify the actions it plans to take in response to audit within 30 days of receipt of audit; develop and submit to the Court an effective compliance and ethics program; contribute $50,000 to fund a Supplemental Environmental Project within 60 days; payment of $50,000 fine. Fine of $50,000 imposed payable immediately; S/A of $125 imposed. Dft notified of right to appeal. (Court Reporter: Nichols) (jam) (Entered: 05/06/2008)
05/05/200812JUDGMENT as to Cabot Creamery Cooperative, Inc. Count 1: Probation for a term of 2 years with special conditions including: implementation of a program for employees to receive job-specific environmental compliance training; obtain independent consultant to evaluate Cabot's compliance with Federal Clean Water Act & State of VT's water statutes & regulations and submit audit to AUSA & USPO; Cabot to identify the actions it plans to take in response to audit within 30 days of receipt of audit; develop and submit to the Court an effective compliance and ethics program; contribute $50,000 to fund a Supplemental Environmental Project; payment of $50,000 fine. Signed by Judge William K. Sessions III on 5/5/08. Certified copies to USPO, USMS. (jam) (Entered: 05/06/2008)