U.S. District Court
Northern District of West Virginia (Wheeling)
CRIMINAL DOCKET FOR CASE #: 5:12-cr-00030-FPS-1


Case title: USA v. Chesapeake Appalachia, LLC

Date Filed: 09/28/2012
Date Terminated: 12/03/2012

Assigned to: Senior Judge Frederick P. Stamp, Jr

Defendant (1)
Chesapeake Appalachia, LLC
TERMINATED: 12/03/2012
represented byJason B. Hutt
Bracewell & Giuliani LLP
2000 K. Street, NW
Suite 500
Washington, DC 20006
(202) 828-5800
Fax: (800) 404-3970
Email: jason.hutt@bgllp.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Sharon L. Potter
Spilman Thomas & Battle PLLC - Wheeling
PO Box 831
Wheeling, WV 26003
(304) 230-6950
Fax: (304) 230-6951
Email: spotter@spilmanlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
POLLUTANT DISCHARGES ILLEGAL
(1)
2 Years Probation as to each of Counts 1, 2 & 3, to be served concurrently; $200,000 Fine as to each of Counts 1, 2, & 3 (total- $600,000); $125.00 Special Assessment as to each of Counts 1, 2, & 3 (total - $375.00)
POLLUTANT DISCHARGES ILLEGAL
(2)
2 Years Probation as to each of Counts 1, 2 & 3, to be served concurrently; $200,000 Fine as to each of Counts 1, 2, & 3 (total- $600,000); $125.00 Special Assessment as to each of Counts 1, 2, & 3 (total - $375.00)
POLLUTANT DISCHARGES ILLEGAL
(3)
2 Years Probation as to each of Counts 1, 2 & 3, to be served concurrently; $200,000 Fine as to each of Counts 1, 2, & 3 (total- $600,000); $125.00 Special Assessment as to each of Counts 1, 2, & 3 (total - $375.00)

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byDavid J. Perri
U.S. Attorney's Office - Whg
PO Box 591
Wheeling, WV 26003
304-234-0100
Fax: 304-234-0111
Email: David.Perri@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Perry McDaniel
Division of Environmental Protection
Office of Legal Services
300 Virginia Street, East
Suite 4000
Charleston, WV 25301
(304) 558-9160
Email: mcdaniel.perry@epa.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/28/2012INFORMATION as to Chesapeake Appalachia, LLC (1) counts 1-3. (Attachments: # 1 Attachment Waiver of Indictment) (c to USM)(rjs) (Entered: 10/04/2012)
10/02/2012PHV Paid in the amount of $200.00 by Chesapeake Appalachia, LLC RECEIPT #: WVNW000289 for Jason B. Hutt (rjs) (Entered: 10/04/2012)
10/02/2012 MOTION for Leave to Appear PHV Attorney: Jason B. Hutt by Chesapeake Appalachia, LLC. (copy to Judge) (rjs) (Entered: 10/04/2012)
10/03/2012NOTICE OF ATTORNEY APPEARANCE David J. Perri appearing for USA. Perry D. McDaniel as co-counsel. (rjs) (Entered: 10/04/2012)
10/03/2012NOTICE OF ATTORNEY APPEARANCE: Sharon L. Potter appearing for Chesapeake Appalachia, LLC (rjs) (Entered: 10/04/2012)
10/04/2012ORDER Scheduling Information as to Chesapeake Appalachia, LLC. Hearing set for 10/5/2012 03:00 PM in Wheeling District Judge Courtroom, South before Senior Judge Frederick P. Stamp Jr. Signed by Senior Judge Frederick P. Stamp, Jr on 10/4/12. (c to USM, USP, dft.) (rjs) (Entered: 10/04/2012)
10/04/2012NOTICE OF DOCKET CORRECTION: Permission given by Judge Stamp to correct Statistical Data. Original case 5:12-cr-30 was deleted and all filings re-entered using the original documents, file dates and criminal case number. (rjs) (Entered: 10/04/2012)
10/04/2012ORDER: granting 4 Motion for Leave to Appear Admission Pro Hac Vice - Jason B. Hutt as to Chesapeake Appalachia, LLC. Signed by Senior Judge Frederick P. Stamp, Jr on 10/4/2012. (kac) (Entered: 10/04/2012)
10/05/201210 MINUTE ENTRY:

***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY.

Proceedings held before Senior Judge Frederick P. Stamp, Jr: as to Chesapeake Appalachia, LLC. Initial Appearance as to Chesapeake Appalachia, LLC held on 10/5/2012. Plea Hearing held on 10/5/2012. Plea entered by Chesapeake Appalachia, LLC (1) Guilty Counts 1-3. PSR ordered. No bond. (Court Reporter Cindy Knecht.) (soa) (Entered: 10/05/2012)

10/05/201211 WAIVER OF INDICTMENT by Chesapeake Appalachia, LLC (soa) (Entered: 10/05/2012)
10/05/201212 PLEA AGREEMENT as to Chesapeake Appalachia, LLC (soa) (Entered: 10/05/2012)
10/09/201213 ORDER FILING PLEA AGREEMENT as to Chesapeake Appalachia, LLC.. Signed by Senior Judge Frederick P. Stamp, Jr on 10/9/12. (c to USM, USP, dft)(mji) (Entered: 10/09/2012)
10/10/201214 TRANSCRIPT PURCHASE ORDER for proceedings held on 10/5/2012 before Judge Frederick P. Stamp, Jr. (ck) (Entered: 10/10/2012)
10/10/201215  TRANSCRIPT of Proceedings held on 10/5/2012, before Judge Frederick P. Stamp, Jr.. as to U.S.A. vs. Chesapeake Appalachia, LLC Court Reporter/Transcriber Cindy L.Knecht, Telephone number 614.570.1876. Parties have five business days to file a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will become available via PACER to the public without redaction after 90 calendar days. Redaction Request due 10/31/2012. Redacted Transcript Deadline set for 11/13/2012. Release of Transcript Restriction set for 1/8/2013. (ck) (Entered: 10/10/2012)
11/20/201216 ORDER SCHEDULING SENTENCING HEARING: as to Chesapeake Appalachia, LLC, Sentencing set for 12/3/2012 09:00 AM in Wheeling District Judge Courtroom, South before Senior Judge Frederick P. Stamp Jr. Signed by Senior Judge Frederick P. Stamp, Jr on 11/20/2012. (copy to counsel of record via CM/ECF; by mail to defendant and by email to USP & USM)(rjs) (Entered: 11/20/2012)
11/30/201217  SPECIAL ASSESSMENT Paid in the amount of $ 375.00 by Chesapeake Appalachia, LLC RECEIPT #: WVNW000350. (mji) (Entered: 11/30/2012)
12/03/201218 MINUTE ENTRY:

***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY.

Proceedings held before Senior Judge Frederick P. Stamp, Jr: Sentencing held on 12/3/2012 for Chesapeake Appalachia, LLC (1), Counts 1, 2, & 3: 2 Years Probation as to each of Counts 1, 2 & 3, to be served concurrently; $200,000 Fine as to each of Counts 1, 2, & 3 (total- $600,000); $125.00 Special Assessment as to each of Counts 1, 2, & 3 (total - $375.00). PSR ordered sealed. (Court Reporter Cindy Knecht.) (soa) (Entered: 12/03/2012)

12/03/201219 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Chesapeake Appalachia, LLC (soa) (Entered: 12/03/2012)
12/03/201220  JUDGMENT as to Chesapeake Appalachia, LLC (1), Count(s) 1-3, 2 Years Probation as to each of Counts 1, 2 & 3, to be served concurrently; $200,000 Fine as to each of Counts 1, 2, & 3 (total- $600,000); $125.00 Special Assessment as to each of Counts 1, 2, & 3 (total - $375.00). Signed by Senior Judge Frederick P. Stamp, Jr on 12/3/12. (c to USM) (mji) Modified on 12/3/2012 to delete copy to dft (mji). (Entered: 12/03/2012)
12/03/201221  *SEALED* STATEMENT OF REASONS as to Chesapeake Appalachia, LLC. (c to counsel) (mji) (Entered: 12/03/2012)
12/04/201222 TRANSCRIPT PURCHASE ORDER for sentencing hearing held on 12/03/2012 before Judge Frederick P. Stamp, Jr. (ck) (Entered: 12/04/2012)
12/04/201223  TRANSCRIPT of Sentencing Hearing held on 12/03/2012, before Judge Frederick P. Stamp, Jr.. as to Chesapeake Appalachia, LLC Court Reporter/Transcriber Cindy L. Knecht, Telephone number 614.570.1876. (ck) (Entered: 12/04/2012)
12/11/201224 Fine Paid in the amount of $600,000.00 by Chesapeake Appalachia, LLC RECEIPT #: WVNE003583. (cnd) (Additional attachment(s) added on 12/12/2012: # 1 Cover letter) (cnd). (Entered: 12/11/2012)