| CLOSED, FRC, KLH |
Case title: USA v. Exide Illinois, et al |
Date Filed: 03/23/2001 Date Terminated: 02/27/2002 |
| Assigned to: Chief Judge David R Herndon | ||
Defendant (1) |
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Exide Illinois a wholly owned subsidiary of the Exide Corporation, dba Exide Technologies TERMINATED: 02/27/2002 |
represented by | Alicia M. Hawley
Jones Day - Chicago Generally Admitted 77 West Wacker Drive Suite 3500 Chicago, IL 60601 312-782-3939 Email: ahawley@jonesday.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Daniel E. Reidy Jones Day - Chicago Generally Admitted 77 West Wacker Drive Suite 3500 Chicago, IL 60601 312-782-3939 Email: dereidy@jonesday.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Laurence A. Urgenson Kirkland & Ellis - Washington DC 655 15th Street, N.W. Suite 1200 Washington, DC 20005 202-879-5000 Fax: 202-879-5200 fax TERMINATED: 02/27/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Susan K. Fitch Kirkland & Ellis - Washington DC 655 15th Street, N.W. Suite 1200 Washington, DC 20005 202-879-5000 Fax: 202-879-5200 fax TERMINATED: 02/27/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Thomas P. McNulty Jones Day - Chicago Generally Admitted 77 West Wacker Drive Suite 3500 Chicago, IL 60601 312-782-3939 Fax: 312-782-8585 Email: tpmcnulty@jonesday.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Victor Arturo Arana Thompson & Knight LLP - Austin 98 San Jacinto Blvd. Suite 1900 Austin, TX 78701 512-469-6100 Fax: 512-469-6180 Email: Victor.Arana@tklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
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| 18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES: conspiracy to commit wire fraud (1) |
Defendant is sentenced to probation for a term of 5 years. Defendant shall pay a special assessment in the amount of $400.00 and a fine in the amount of $27,500,00.00 | |
Highest Offense Level (Opening) |
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| Felony | ||
Terminated Counts |
Disposition |
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| 18:1343 FRAUD BY WIRE, RADIO, OR TELEVISION: wire fraud (2) |
Count 2 is dismissed on the motion of the United States | |
Highest Offense Level (Terminated) |
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| Felony | ||
Complaints |
Disposition |
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| None |
Plaintiff |
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| USA | represented by | Norman R. Smith
Assistant U.S. Attorney - Fairview Heights 9 Executive Drive Suite 300 Fairview Heights, IL 62208 Email: Norman.Smith@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Hal Goldsmith Assistant U.S. Attorney - St. Louis Generally Admitted 111 South Tenth Street 20th Floor St. Louis, MO 63102 314-539-2200 Fax: 314-539-2309 Email: Hal.Goldsmith@usdoj.gov TERMINATED: 11/18/2005 Miriam F. Miquelon U.S. Attorney Generally Admitted 9 Executive Drive Suite 300 Fairview Heights, IL 62208 618-628-3700 TERMINATED: 11/18/2005 |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/23/2001 | 1 | WAIVER OF INDICTMENT by Exide Illinois (jmf) (Entered: 03/23/2001) |
| 03/23/2001 | 4 | INFORMATION by USA Exide Illinois (1) count(s) 1, 2, Joseph C Calio (2) count(s) 1, 2, Gary Marks (3) count(s) 1, 2 (jmf) (Entered: 03/23/2001) |
| 03/23/2001 | 5 | MINUTES OF PLEA TO INFORMATION as to Exide IL (pab): before Judge David R. Herndon dft Exide Illinois arraigned; Attorney Laurence A. Urgenson, Susan K. Fitch present; , , guilty plea entered by Exide Illinois as to Count 1 , Sent/disp hrg set 9:30 AM on 7/27/01 for Exide Illinois before Judge David R. Herndon in the USDC/East St. Louis, IL (cc: all counsel) Court Reporter Jennifer Robertson (jmf) Modified on 04/02/2001 (Entered: 03/23/2001) |
| 03/23/2001 | 6 | APPEARANCE for defendant Exide Illinois by Attorneys Laurence Urgenson and Susan Fitch (jmf) (Entered: 03/26/2001) |
| 03/23/2001 | 7 | PLEA Agreement as to Exide Illinois (jmf) Additional attachment(s) added on 1/12/2006 (trb, ). (Entered: 03/26/2001) |
| 03/23/2001 | 8 | STIPULATIONS of fact as to Exide Illinois (jmf) (Entered: 03/26/2001) |
| 03/23/2001 | 9 | ELEMENT OF OFFENSE by plaintiff USA (jmf) (Entered: 03/26/2001) |
| 03/23/2001 | 11 | PLEA Agreement as to Joseph C Calio III (lmc) Modified on 03/27/2001 (Entered: 03/27/2001) |
| 04/11/2001 | TRANSCRIPT of plea to information; held 3/23/01 as to defendant Exide Illinois ; 1 volume(s) Court Reporter: Jennifer Robertson (dlr) (Entered: 04/12/2001) | |
| 06/19/2001 | 20 | Notice/acknowledgment as to defendant Exide Illinois concerning the presentence investigation report by plaintiff USA (cc: Probation Office) (dlr) (Entered: 06/19/2001) |
| 06/27/2001 | 21 | Notice/acknowledgment as to defendant Exide Illinois concerning the presentence investigation report by defendant Exide Illinois (cc: Probation Office) (dlr) (Entered: 07/02/2001) |
| 06/27/2001 | 22 | SENTENCING memorandum as to Exide Illinois (sealed) (dlr) Modified on 07/09/2001 (Entered: 07/02/2001) |
| 07/03/2001 | 23 | UNOPPOSED MOTION to continue sentencing hearings by USA as to defendants' Exide Illinois, Joseph C Calio III, Gary Marks (tjh) (Entered: 07/05/2001) |
| 07/06/2001 | 24 | ORDER by Judge David R. Herndon granting motion to continue sentencing hearings [23-1] Sent/disp hrg to be reset by the Court for Exide Illinois, Joseph C Calio III, Gary Marks (cc: all counsel) (dlr) (Entered: 07/09/2001) |
| 07/13/2001 | 26 | ORDER by Judge David R. Herndon granting motion to vacate the date within which to respond to the presentence investigation report [25-1]. A new date will be fixed by the Court after date is fixed for sentencing (cc: all counsel & probation) (dmw) (Entered: 07/16/2001) |
| 07/23/2001 | 28 | ORDER by Judge David R. Herndon granting motion for additional time to file objections to the presentence investigation report [27-1] (cc: all counsel) (dlr) (Entered: 07/26/2001) |
| 02/20/2002 | 29 | NOTICE to all parties. Sent/disp hrg set for 10:30 AM on 2/27/02 for Exide Illinois before Judge David R. Herndon in the USDC/East St. Louis, IL (cc: all counsel) (pab) (Entered: 02/20/2002) |
| 02/27/2002 | 30 | MINUTES OF DISPOSITION as to defendant Exide Illinois (pab) : before Judge David R. Herndon; sentencing Exide Illinois (1) count(s) 1. Defendant is sentenced to probation for a term of 5 years. Defendant shall pay a special assessment in the amount of $400.00 and a fine in the amount of $27,500,00.00 ; dismissing counts as to Exide Illinois (1) count(s) 2. Count 2 is dismissed on the motion of the United States as to Exide Illinois. Court Reporter Jennifer Robertson (myz) (Entered: 02/28/2002) |
| 02/27/2002 | 31 | JUDGMENT and Commitment issued as to Exide Illinois by Judge David R. Herndon (cc: all counsel) (myz) (Entered: 02/28/2002) |
| 02/27/2002 | 32 | PRESENTENCE Report & addendum on Exide Illinois (original sealed and held in sealed document area). (myz) (Entered: 02/28/2002) |
| 02/27/2002 | 33 | RECOMMENDATION as to Exide Illinois (original sealed and held in sealed document area). (myz) (Entered: 02/28/2002) |
| 03/11/2002 | TRANSCRIPT of sentencing; held February 27, 2002 as to defendant Exide Illinois ; 1 volume(s) Court Reporter: Jennifer Robertson (pab) (Entered: 03/11/2002) | |
| 03/11/2002 | 34 | NOTICE OF LIEN FOR FINE AND/OR RESTITUTION IMPOSED PURSUANT TO THE ANTI-TERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996 by plaintiff USA regarding defendant Exide Illinois (dlr) (Entered: 03/12/2002) |
| 10/02/2002 | 50 | ORDER by Judge David R. Herndon granting motion for permission to travel (order) [49-1] as to defendant Marks (cc: all counsel) (dlr) (Entered: 10/02/2002) |
| 05/08/2003 | REMARK--Certified copoies of the docket sheet, information and J&C regarding defendant Gary Marks mailed to the Northern Dist of IL (dlr) Modified on 05/08/2003 (Entered: 05/08/2003) | |
| 11/18/2005 | 52 | NOTICE OF ATTORNEY APPEARANCE Norman R. Smith appearing for USA. (Smith, Norman) (Entered: 11/18/2005) |
| 11/18/2005 | 53 | MOTION Government's Motion for Hearing to Determine the Effect of Defendant's Default on Payment of a Fine and Motion to Show Cause Why Exide Illinois and Exide Technologies Should Not Be Held in Contempt by USA as to Exide Illinois. (Attachments: # 9)(Smith, Norman) (Entered: 11/18/2005) |
| 12/12/2005 | 54 | NOTICE OF ATTORNEY APPEARANCE: Victor Arturo Arana appearing for Exide Illinois (Arana, Victor) (Entered: 12/12/2005) |
| 12/12/2005 | 55 | Joint MOTION set schedule on Government's Motion for Hearing and for Rule to Show Cause Filed November 18, 2005 by Exide Illinois. (Arana, Victor) (Entered: 12/12/2005) |
| 12/13/2005 | 56 | ORDER granting 55 Motion as to Exide Illinois. Signed by Judge David R Herndon on 12/13/05. (klh, ) (Entered: 12/13/2005) |
| 01/23/2006 | 57 | MOTION for Extension of Time to File Response/Reply as to 53 MOTION Government's Motion for Hearing to Determine the Effect of Defendant's Default on Payment of a Fine and Motion to Show Cause Why Exide Illinois and Exide Technologies Should Not Be Held in Contempt, 55 Joint MOTION set schedule on Government's Motion for Hearing and for Rule to Show Cause Filed November 18, 2005 by Exide Illinois. (Arana, Victor) (Entered: 01/23/2006) |
| 01/23/2006 | 58 | ORDER granting 57 Motion for Extension of Time to File Response/Reply as to Exide Illinois (1). Signed by Judge David R Herndon on 1/23/06. (klh, ) (Entered: 01/23/2006) |
| 03/03/2006 | File Sent to FRC on 3/22/05: accession number 021-04-0293, box number 64 of 73, location 326654-326726SAN. (skp, ) (Entered: 03/03/2006) | |
| 03/08/2006 | 59 | Joint MOTION for Extension of Time Regarding the Government's Motion for Hearing and for Rule To Show Cause Filed November 18, 2005 by Exide Illinois. (Arana, Victor) (Entered: 03/08/2006) |
| 03/08/2006 | 60 | ORDER granting 59 Motion for Extension of Time as to Exide Illinois (1). Signed by Judge David R Herndon on 3/8/05. (klh, ) (Entered: 03/08/2006) |
| 04/12/2006 | 61 | MOTION for Extension of Time Regarding the Government's Motion for Hearing and for Rule To Show Cause Filed November 18, 2005 by Exide Illinois. (Arana, Victor) (Entered: 04/12/2006) |
| 04/13/2006 | 62 | ORDER granting 61 Motion for Extension of Time as to Exide Illinois (1). Signed by Judge David R Herndon on 4/13/06. (klh, ) (Entered: 04/13/2006) |
| 05/09/2006 | 63 | Joint MOTION for Hearing Motion To Schedule a Hearing Date Regarding the Government's Motion for Hearing and for Rule To Show Cause Filed November 18, 2005 by Exide Illinois. (Arana, Victor) (Entered: 05/09/2006) |
| 05/09/2006 | 64 | Joint MOTION for Leave to File the Parties' Agreement and Proposed Joint Resolution of the Government's November 18, 2005 Motion Under Seal by Exide Illinois. (Arana, Victor) (Entered: 05/09/2006) |
| 05/10/2006 | 65 | ORDER granting 63 Motion for Hearing as to Exide Illinois (1). Hearing set for May 31, 2006 at 11:00 a.m.. Signed by Judge David R Herndon on 5/10/06. (klh, ) (Entered: 05/10/2006) |
| 05/10/2006 | Set/Reset Hearings as to Exide Illinois: Hearing set for 5/31/2006 11:00 AM in East St. Louis Court House before Judge David R Herndon. (klh, ) (Entered: 05/10/2006) | |
| 05/10/2006 | 66 | ORDER granting 64 Motion for Leave to File as to Exide Illinois (1). Signed by Judge David R Herndon on 5/10/06. (klh, ) (Entered: 05/10/2006) |
| 05/12/2006 | 67 | STRICKEN AS ORDERED BY COURT--NOTICE Agreement and Proposed Joint Resolution (Arana, Victor) Modified on 5/15/2006 (dlr ). Additional attachment(s) added on 5/15/2006 (dlr, ). (Entered: 05/12/2006) |
| 05/15/2006 | 68 | NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 67 Notice (Other) filed by Exide Illinois,. See attached document for specifics (dlr ) (Entered: 05/15/2006) |
| 05/15/2006 | 69 | UNSEALED BY CLERK'S OFFICE PER ORDER #70--Sealed Document (Attachments: # 4 Exhibit Exide Illinois Unanimous Consent)(Arana, Victor) Modified on 6/1/2006 (dlr ). (Entered: 05/15/2006) |
| 05/31/2006 | 70 | ORDER Modifying Installments on Fine Previously Imposed as to Exide, denying 53 show cause motion filed by the Government as to Exide Illinois, adopting Agreement and Proposed Joint Resolution of the parties 69 . Signed by Judge David R Herndon on 5/31/06. (klh, ) (Entered: 05/31/2006) |
| 05/31/2006 | 71 | Minute Entry for proceedings held before Judge David R Herndon:In-Court Hearing as to Exide Illinois re: Doc 53 held on 5/31/2006. Written order to follow. (Court Reporter Jennifer Robertson.) (pab)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/31/2006) |
| 06/21/2006 | 72 | SEALED TRANSCRIPT on proceedings held on 5/31/06 before Judge David R. Herndon. Court Reporter: Jennifer Robertson. This is a text entry only - no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (tjh) (Entered: 06/22/2006) |
| 06/21/2006 | 73 | TRANSCRIPT of Rule to Show Cause as to Exide Illinois held on 5/31/06 before Judge David R. Herndon. Court Reporter: Jennifer Robertson. This is a text entry only - no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (tjh) (Entered: 06/22/2006) |
| 01/24/2007 | 74 | Joint MOTION Joint Status Report and Motion Regarding Exide's Compliance with the Court's Sentencing Order of February 27, 2002, and with the Modified Payment Schedule Set Forth in the Court's Order of May 31, 2006 by Exide Illinois. (Arana, Victor) (Entered: 01/24/2007) |
| 01/25/2007 | 75 | ORDER granting 74 Motion as to Exide Illinois (1). Signed by Judge David R Herndon on 1/25/07. (klh, ) (Entered: 01/25/2007) |