CLOSED

U.S. District Court
Eastern District of Kentucky (Ashland)
CRIMINAL DOCKET FOR CASE #: 0:05-cr-00010-DLB-1


Case title: USA v. Cooksey Brothers Disposal Company, Inc. et al

Date Filed: 09/19/2005
Date Terminated: 08/25/2006

Assigned to: Judge David L. Bunning

Defendant (1)
Cooksey Brothers Disposal Company, Inc.
TERMINATED: 08/25/2006
represented byJames H. Moore , III
Campbell Woods, PLLC - Ashland
1608 Carter Avenue
P.O. Box 1862
Ashland, KY 41105-1862
606-329-1974
Fax: 606-324-2025
Email: jmoore@campbellwoods.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
THREE (3) YEARS PROBATION; $400.00 SPECIAL ASSESSMENT

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
33:1311(a) and 33:1319(c)(2)(A) DISCHARGE OF A POLLUTANT FROM A POINT SOURCE INTO A WATER OF THE UNITED STATES WITHOUT A PERMIT
(2)
DISMISSED ON MOTION OF USA
33:1317(d) and 33:1319(c)(2)(A)OPERATION OF A POINT SOURCE IN VIOLATION OF A NATIONAL PRETREATMENT STANDARD BY DISCHARGING A TRUCKED POLLUTANT
(3)
DISMISSED ON MOTION OF USA

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byRobert M. Duncan , Jr.
U.S. Attorney's Office, EDKY
260 W. Vine Street
Suite 300
Lexington, KY 40507-1612
859-685-4847
Fax: 859-233-2747
Email: Rob.Duncan@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/19/2005INDICTMENT as to Cooksey Brothers Disposal Company, Inc. (1) count(s) 1, 2, 3, Daniel K. Rooney (2) count(s) 1, 2, 3, Ricky B. Handley (3) count(s) 1, 3. (Attachments: # 1 Case Assignment Sheet) (MSH) (Entered: 09/19/2005)
09/19/2005 MOTION for Summons by USA as to Cooksey Brothers Disposal Company, Inc.. (MSH) (Entered: 09/19/2005)
09/19/2005ORDER OF RECUSAL in case as to Cooksey Brothers Disposal Company, Inc., Daniel K. Rooney, Ricky B. Handley Judge Henry R. Wilhoit, Jr recused. Case reassigned to Judge David L. Bunning for all further proceedings . Signed by Judge Henry R. Wilhoit Jr.. (MSH)cc: COR, USM, USP (Entered: 09/20/2005)
09/20/2005  *** MOTION SUBMITTED TO CHAMBERS FOR REVIEW as to Cooksey Brothers Disposal Company, Inc., Daniel K. Rooney, Ricky B. Handley re 3 MOTION for Summons by USA, 4 MOTION for Summons by USA, 2 MOTION for Summons by USA (MSH) (Entered: 09/20/2005)
09/20/2005ORDER FOR ISSUANCE OF SUMMONS: re: 2 Motion for issuance of summons is GRANTED, and Summons shall be ISSUED for a representative of the Defendant, Cooksey Brothers Disposal Co., to APPEAR in U.S. District Court at Ashland, Ky, before Judge David L. Bunning on 10/04/05, at 12:45 P.M.. Defendant is directed to contact USPO within 48 hours of receipt of Summons excluding weekends, in order to arrange an interview by USPO for the purpose of obtaining information pertaining to the pretrial release of the Defendant.. Signed by Judge Henry R. Wilhoit Jr.. (MSH)cc: COR, USM, USP (Entered: 09/20/2005)
09/20/2005NOTICE of Related Prosecution by USA as to Cooksey Brothers Disposal Company, Inc., Daniel K. Rooney, Ricky B. Handley (Duncan, Robert) (Entered: 09/20/2005)
09/20/200510 SEALED Summons Issued in case as to Cooksey Brothers Disposal Company, Inc., Daniel K. Rooney, Ricky B. Handley and given to USM. Arraignment set for 10/4/2005 12:45 PM in Ashland before David L. Bunning. (MSH) (Entered: 09/20/2005)
10/03/200513 SEALED Summons Returned Executed on 9/29/05. as to Cooksey Brothers Disposal Company, Inc. serving Keith Cooksey (SMT) (Entered: 10/03/2005)
10/04/200514 MINUTE ENTRY FOR ARRAIGNMENT AND PLEA as to Cooksey Brothers Disposal Company, Inc. (1) (counsel only appeared) Counts 1,2,3 held on 10/04/05 before Judge David L. Bunning: Defendant acknowledges receipt of Indictment, waives formal arraignment and reading of Indictment. Pleads not guilty to Counts 1,2 & 3. Court's standard order regarding scheduling and discovery procedures entered herewith. Pretrial Conference set for 12/16/2005 09:30 AM in Ashland. Any motion for rearraignment will be heard at the Pretrial Conference. Jury Trial set for 1/17/2006 10:00 AM in Ashland before David L. Bunning. Defendant orally waived Speedy Trial and is directed to file a written waiver within 10 days. Court finds this case to be a complex case for the purposes of the Speedy Trial Act. Defendant released after processing on conditions of release. (COURT REPORTER: AMY BLOSSER) (MSH)cc: COR, USM, USP (Entered: 10/05/2005)
10/04/2005  Attorney update in case as to Cooksey Brothers Disposal Company, Inc.. Attorney James H. Moore, III for Cooksey Brothers Disposal Company, Inc. added. (MSH) (Entered: 10/05/2005)
10/04/200519 ORDER as to Cooksey Brothers Disposal Company, Inc., Daniel K. Rooney, Ricky B. Handley re: general order of discovery and pretrial procedures for criminal actions. . Signed by Judge David L. Bunning. (MSH)cc: COR, USM, USP (Entered: 10/06/2005)
10/11/2005  *** MOTION SUBMITTED TO CHAMBERS FOR REVIEW as to Cooksey Brothers Disposal Company, Inc., Daniel K. Rooney, Ricky B. Handley re 21 MOTION to Continue Trial Date (MSH) (Entered: 10/11/2005)
10/12/200522 WAIVER of Speedy Trial by Cooksey Brothers Disposal Company, Inc. (Moore, James) (Entered: 10/12/2005)
10/14/200523 RESPONSE to Motion by Ricky B. Handley as to Cooksey Brothers Disposal Company, Inc., Daniel K. Rooney, Ricky B. Handley re 21 MOTION to Continue (Duncan, Robert) (Entered: 10/14/2005)
11/22/200526 ORDER as to Cooksey Brothers Disposal Company, Inc., Daniel K. Rooney, Ricky B. Handley re 21 MOTION to Continue filed by Ricky B. Handley, Telephone Conference set for 11/30/2005 02:30 PM in Ashland before David L. Bunning. court will initiate call. Signed by Judge David L. Bunning. (SMT)cc: COR, USM, USP (Entered: 11/22/2005)
11/30/200527 ORDER: On 11/30/05 a telephone conference regarding the scheduling of a new trial date. (1) Defendant Ricky Handley's Motion to Reset Trial Date 21 is granted. (2) Pretrial Conference scheduled for 12/16/05 is rescheduled for 01/27/06 at 10:00 a.m. in Ashland; and (3) Trial scheduled 01/17/06 is rescheduled for 02/27/2006 10:00 AM in Ashland before David L. Bunning. (COURT REPORTER: LISA WIESMAN) (MSH)cc: COR, USM, USP (Entered: 12/01/2005)
01/20/200628 ORDER as to Cooksey Brothers Disposal Company, Inc., Daniel K. Rooney, Ricky B. Handley ; due scheduling conflict; Pretrial Conference set for 1/27/06 is rescheduled for 2/7/2006 10:00 AM in Ashland before David L. Bunning.. Signed by Judge David L. Bunning. (SMT)cc: COR, USM, USP (Entered: 01/20/2006)
02/07/200631 MINUTE ENTRY FOR PRETRIAL CONFERENCE as to Cooksey Brothers Disposal Company, Inc. held on 02/07/06 before Judge David L. Bunning: The Co-defendant, Daniel K. Rooney is scheduled for Rearraignment on Friday, 02/10/06 and co-defendant Ricky B. Handley entered a guilty plea in this case on this date. The trial date remains scheduled for 02/27/06 as to this defendant. The USA is directed to fromally advise the Court within 10 days by status report or by motion to dismiss the Indictment as to how it will proceed against the corporation in this case. (COURT REPORTER: LISA WEISMAN) (MSH)cc: COR, USM, USP (Entered: 02/08/2006)
02/23/200639  MOTION to Continue by USA as to Cooksey Brothers Disposal Company, Inc.. (Attachments: # 1 Proposed Order)(Duncan, Robert) (Entered: 02/23/2006)
02/23/200640 NOTICE by USA as to Cooksey Brothers Disposal Company, Inc., Daniel K. Rooney, Ricky B. Handley (Duncan, Robert) Modified on 3/1/2006 NOTICE WITHDRAWN per order 43 (Heaberlin, Margaret). (Entered: 02/23/2006)
02/24/2006  *** MOTION SUBMITTED TO CHAMBERS FOR REVIEW as to Cooksey Brothers Disposal Company, Inc. re 39 MOTION to Continue Trial by USA (MSH) (Entered: 02/24/2006)
02/24/200641 ORDER TO CONTINUE - Ends of Justice as to Cooksey Brothers Disposal Company, Inc., granting 39 MOTION to Continue trial of 2/27/06; case continued until 4/20/2006 12:30 PM in Ashland before David L. Bunning.. Signed by Judge David L. Bunning. (SMT)cc: COR, USM, USP (Entered: 02/24/2006)
02/27/200642  MOTION to Withdraw Document by USA as to Cooksey Brothers Disposal Company, Inc., Daniel K. Rooney, Ricky B. Handley. (Attachments: # 1 Proposed Order)(Duncan, Robert) (Entered: 02/27/2006)
02/28/2006  *** MOTION SUBMITTED TO CHAMBERS FOR REVIEW as to Cooksey Brothers Disposal Company, Inc., Daniel K. Rooney, Ricky B. Handley re 42 MOTION to Withdraw Document (MSH) (Entered: 02/28/2006)
03/01/200643 ORDER granting 42 Motion to Withdraw Document No. 40 as to Cooksey Brothers Disposal Company, Inc. (1), Daniel K. Rooney (2), Ricky B. Handley (3). Signed by Judge David L. Bunning. (MSH)cc: COR,USM,USP (Entered: 03/01/2006)
04/17/200645 ORDER as to Cooksey Brothers Disposal Company, Inc. chambers having been orally advised by gov't that dft motion for rearraignment; oral motion is granted and Rearraignment set for 4/20/2006 12:30 PM in Ashland before David L. Bunning.. Signed by Judge David L. Bunning. (SMT)cc: COR, USM, USP (Entered: 04/17/2006)
04/18/200646  MOTION to Continue the rearraignment proceedings as to Cooksey Brothers Disposal Company, Inc.. (Attachments: # 1 Proposed Order Proposed Order re: Arraignment)(Moore, James) (Entered: 04/18/2006)
04/18/200647 RESPONSE to Motion by USA as to Cooksey Brothers Disposal Company, Inc. re 46 MOTION to Continue (Duncan, Robert) (Entered: 04/18/2006)
04/19/2006  *** MOTION SUBMITTED TO CHAMBERS FOR REVIEW as to Cooksey Brothers Disposal Company, Inc., Daniel K. Rooney, Ricky B. Handley re 46 MOTION to Continue (SMT) (Entered: 04/19/2006)
04/19/200648 ORDER as to Cooksey Brothers Disposal Company, Inc., granting 46 MOTION to Continue 4/20/06 rearraignment / rearraignment rescheduled for 5/15/2006 11:00 AM in Covington before David L. Bunning.. Signed by Judge David L. Bunning. (SMT)cc: COR, USM, USP (Entered: 04/19/2006)
05/15/200652 MINUTE ENTRY FOR REARRAIGNMENT as to Cooksey Brothers Disposal Company, Inc. held on 5/15/06 before Judge David L. Bunning :; dft plead guilty to count 1 of indictment remaining counts to be dismissed at sentencing; written plea agreement tendered; sufficient factual basis for guilty plea; indictment read and formally arraigned and advised of rights copy given to dft court ordered presentence report; dft to remain on bond and case continued for Sentencing set for 8/25/2006 01:00 PM in Ashland before David L. Bunning. (COURT REPORTER: LISA WIESMAN) (SMT)cc: COR, USM, USP (Entered: 05/15/2006)
05/15/200653 PROPOSED PLEA AGREEMENT as to Cooksey Brothers Disposal Company, Inc.cc: COR, USP (SMT) (Entered: 05/15/2006)
05/15/200654 ORDER as to Cooksey Brothers Disposal Company, Inc. pursuant to Sentencing Reform Act August 25, 2006 at 1:00 p.m. . Signed by Judge David L. Bunning. (SMT)cc: COR, USM, USP (Entered: 05/15/2006)
07/17/200674 ORDER as to Cooksey Brothers Disposal Company, Inc. Sentencing scheduled for 8/25/2006 01:00 AM in Ashland will be heard AT COVINGTON before David L. Bunning.. Signed by Judge David L. Bunning. (MSH)cc: COR, USM, USP (Entered: 07/17/2006)
08/25/200679 AUDIOTAPE OF COURT PROCEEDINGS; Plea of 5/15/06 and Sentencing of 8/25/06 in regard to Douglas Smith for Cooksey Brothers Disposal Co. before Judge Bunning (placed in vault in numerical sequence) (SMT) (Entered: 08/29/2006)
08/25/200680 MINUTE ENTRY FOR SENTENCING as to Cooksey Brothers Disposal Company, Inc. held on 8/25/2006 before Judge David L. Bunning: No objections to Presentence Report. Plea Agreement filed and Judgment entered. Defendant to remain on bond on conditions of probation. (COURT REPORTER: LISA WIESMAN) (MSH)cc: COR, USM, USP, Keri Hieneman (Entered: 08/31/2006)
08/25/200681 Plea Agreement Accepted as to Cooksey Brothers Disposal Company, Inc.cc: COR,USP (MSH) (Entered: 08/31/2006)
08/25/200682 JUDGMENT UPON PLEA OF GUILTY as to Cooksey Brothers Disposal Company, Inc. (1), Count 1: THREE (3) YEARS PROBATION; $400.00 SPECIAL ASSESSMENT due immediately; Count 2, AND 3, DISMISSED ON MOTION OF USA; SPECIAL CONDITIONS OF SUPERVISION; The organization shall report to the probation officer as directed by the probation officer. Shall permit a probation officer to visit the corporation at its business office or elsewhere and shall fully comply with all local, state and federal environmental regulations. Cooksey Brothers Disposal Company, Inc. terminated. . Signed by Judge David L. Bunning. (MSH)(cc: Paper copy w/ NOE to COR & copy of SOR; Paper Copy to USM x 1 cert. copy; Paper Copy to USP x 2 cert. copies w/ original SOR; electronic copy to Finance) (Entered: 08/31/2006)
08/25/200683 SEALED PSR Rule 32(C) info as to Cooksey Brothers Disposal Company, Inc. (MSH) (Entered: 08/31/2006)
08/25/200684 SEALED PRESENTENCE INVESTIGATION REPORT as to Cooksey Brothers Disposal Company, Inc. (MSH) (Entered: 08/31/2006)
09/10/2009  NOTICE TO COUNSEL OF RECORD RE: RETURN OF PRE-SENTENCE REPORT AND RULE 32 INFORMATION: re 78 PSR Rule 32(C) info - SEALED, 76 PSR Rule 32(C) info - SEALED, 83 PSR Rule 32(C) info - SEALED, 75 Presentence Investigation Report - SEALED, 84 Presentence Investigation Report - SEALED, 77 Presentence Investigation Report - SEALED will be returned to U.S. Probation in the absence of an objection filed within 15 days. cc: COR (SMT) (Entered: 09/10/2009)
09/28/200986 Receipt for Pre-Sentence Investigation Report and Rule 32(c) Information received by United States Probation Office as to Cooksey Brothers Disposal Company, Inc., Daniel K. Rooney, Ricky B. Handley (SMT) (Entered: 09/30/2009)
10/07/2009  Clerk's Note: as to Cooksey Brothers Disposal Company, Inc., Daniel K. Rooney, Ricky B. Handley: re 66 Plea Agreement Accepted, 69 Plea Agreement Accepted, 81 Plea Agreement Accepted (SMT) Modified on 10/7/2009 to state plea agreements returned to USAttorney's this date (SMT). (Entered: 10/07/2009)
10/16/200987 Receipt for Plea Agreement received by USAttorney's office this date as to Cooksey Brothers Disposal Company, Inc., Daniel K. Rooney, Ricky B. Handley (SMT) (Entered: 10/16/2009)