CLOSED

U.S. District Court
Northern District of Iowa (Western Division)
CRIMINAL DOCKET FOR CASE #: 5:11-cr-04071-MWB-1


Case title: USA v. GCC Alliance Concrete, Inc

Date Filed: 05/18/2011
Date Terminated: 02/08/2012


Interested Party
US Probation represented byuspNotify
Email: pocrecm@ianp.uscourts.gov
ATTORNEY TO BE NOTICED

Assigned to: Judge Mark W Bennett
Referred to: Magistrate Judge Paul A Zoss

Defendant (1)
GCC Alliance Concrete, Inc
TERMINATED: 02/08/2012
represented byDon J DeGabrielle
Fulbright & Jaworski, LLP
1301 McKinney
Suite 5100
**ECF
Houston, TX 77010
713 651 3543
Fax: 651 5246
Email: ddegabrielle@fulbright.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Matthew G Whitaker
Whitaker Hagenow & Gustoff LLP
400 East Court Avenue
Suite 346
**ECF
Des Moines, IA 50309
515 284 5001
Fax: 864 0035
Email: mwhitaker@whgllp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sumera Khan
Fulbright & Jaworski, LLP
1301 McKinney
Suite 5100
**ECF
Houston, TX 77010
713 651 5226
Fax: 651 5246
Email: skhan@fulbright.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

William R Pakalka
Fulbright & Jaworski, LLP
1301 McKinney
Suite 5100
**ECF
Houston, TX 77010
713 651 5208
Fax: 651 5246
Email: wpakalka@fulbright.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
15:1 ANTITRUST VIOLATIONS
(1-3)
JUDGMENT 3/13/2012. Defendant sentenced to probation for up to 18 months. This term consists of up to 18 months on each of Counts 1, 2, and 3 of the Information to be served concurrently. Special Assessment fee of $1,200 (paid). $100,000 Fine.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byAndre M Geverola
US Department of Justice
Antitrust Division
209 S. LaSalle Street
Suite 600
**ECF
Chicago, IL 60604
312 353 6242
Fax: 353 1046
Email: andre.geverola@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Laura Heidi Manschreck
United States Department of Justice
Antitrust Division
209 S. LaSalle
**ECF
Chicago, IL 60604
312 353 6893
Fax: 353 1046
Email: heidi.manschreck@usdoj.gov
ATTORNEY TO BE NOTICED

Robert Michael Jacobs
US Deptartment of Justice
Antitrust Division
209 S. LaSalle Street
Suite 600
**ECF
Chicago, IL 60604
312 353 8304
Fax: 353 1046
Email: robert.jacobs@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/18/2011INFORMATION as to GCC Alliance Concrete, Inc (1) count(s) 1-3. (USA, USP, USM) (djs) (Entered: 05/18/2011)
05/19/2011WAIVER OF INDICTMENT by Defendant GCC Alliance Concrete, Inc (Geverola, Andre) (Entered: 05/19/2011)
05/19/2011NOTICE of Intent to Plead Guilty by Defendant GCC Alliance Concrete, Inc (Geverola, Andre) (Entered: 05/19/2011)
05/19/2011SEALED Rule 11 Letter By Plaintiff as to GCC Alliance Concrete, Inc (Geverola, Andre) (Entered: 05/19/2011)
05/19/2011NOTICE of Attorney Appearance: Matthew G Whitaker appearing for Defendant GCC Alliance Concrete, Inc (Whitaker, Matthew) (Entered: 05/19/2011)
05/19/2011ORDER to Continue - Ends of Justice as to Defendant GCC Alliance Concrete Inc. Time excluded from 5/18/2011 until 5/20/2011. Change of Plea Hearing set for 5/20/2011 09:00 AM in SC 1st Fl Ct before Chief Magistrate Judge Paul A Zoss. Signed by Chief Magistrate Judge Paul A Zoss on 5/18/2011. (des) (Entered: 05/19/2011)
05/20/2011 MOTION for Leave to Appear Pro Hac Vice Attorney: Sumera Khan, by GCC Alliance Concrete, Inc. (Whitaker, Matthew) (Additional attachment(s) added on 5/24/2011: # 1 Certificate of Good Standing) (src). (Entered: 05/20/2011)
05/20/2011 MOTION for Leave to Appear Pro Hac Vice Attorney: Don J. DeGabrielle, by GCC Alliance Concrete, Inc. (Whitaker, Matthew) (Additional attachment(s) added on 5/24/2011: # 1 Certificate of Good Standing) (src). (Entered: 05/20/2011)
05/20/201110  MOTION for Leave to Appear Pro Hac Vice Attorney: William Pakalka, by GCC Alliance Concrete, Inc. (Whitaker, Matthew) (Additional attachment(s) added on 5/24/2011: # 1 Certificate of Good Standing) (src). (Entered: 05/20/2011)
05/20/2011  Attorney update in case as to Defendant GCC Alliance Concrete, Inc. Attorney Don J DeGabrielle for GCC Alliance Concrete, Inc added pursuant to 11 Minutes. Clerk checked for conflicts - none found. (djs) (Entered: 05/20/2011)
05/20/201111 MINUTE Entry for proceedings held before Chief Magistrate Judge Paul A Zoss:Initial Appearance, Arraignment and Plea Hearing as to Defendant GCC Alliance Concrete, Inc (1) Counts 1-3 held on 5/20/2011. Attorney Matthew Whitaker and Don DeGabrielle for defendant, and defendant pled guilty to Counts 1-3 of the Information. Attorney Matthew Whitaker moved to allow attorney Don DeGabrielle to appear pro hac vice. Attorney DeGabrielle was sworn in by the court. Government offered Court Exhibits A and B (attached). (Court Reporter FTR Gold.) (Attachments: # 1 Court Exhibit A, # 2 Court Exhibit B) (djs) (Entered: 05/20/2011)
05/23/201112 REPORT AND RECOMMENDATION to Accept Guilty Plea to Counts One, Two, and Three of the Information as to GCC Alliance Concrete, Inc. Objections to R&R due by 6/6/2011. Signed by Chief Magistrate Judge Paul A Zoss on 5/20/2011. (des) (Entered: 05/23/2011)
05/23/201113 AMENDED 12 REPORT AND RECOMMENDATION to Accept Guilty Plea as to Counts 1, 2 and 3 of the Information as to GCC Alliance Concrete, Inc (Objections to R&R due by 6/6/2011). Signed by Chief Magistrate Judge Paul A Zoss on 5/20/11. (djs) Modified on 5/24/2011 to add link (djs). (Entered: 05/23/2011)
05/24/2011  Attorney update in case as to Defendant GCC Alliance Concrete, Inc. Attorneys Sumera Khan, and William R Pakalka for GCC Alliance Concrete, Inc added. Attorneys added pursuant to pro hac vice order dated 05/24/11. No conflicts were identified with MWB/PAZ. (src) (Entered: 05/24/2011)
05/24/201114 ORDER granting 8 Motion for Leave to Appear for Sumera Kahn as to GCC Alliance Concrete, Inc; granting 9 Motion for Leave to Appear for Don J DeGabrielle as to GCC Alliance Concrete, Inc; granting 10 Motion for Leave to Appear re William Pakalka as to GCC Alliance Concrete, Inc. Signed by Clerk on 05/24/2011. (src) (Entered: 05/24/2011)
06/07/201115 ORDER Accepting Report and Recommendation re Plea as to Defendant GCC Alliance Concrete Inc for 13 Report and Recommendation to Accept Guilty Plea to Counts 1, 2, and 3 of the Information. Signed by Judge Mark W Bennett on 6/7/2011. (des) (Entered: 06/07/2011)
09/06/201116 SEALED Draft Presentence Investigation Report by USA, US Probation, GCC Alliance Concrete, Inc as to Defendant GCC Alliance Concrete, Inc (Attachments: # 1 Instructions for Objecting) (Guthrie, Loretta) (Entered: 09/06/2011)
09/20/201117 WITHDRAWN - SEALED Objection to Presentence Investigation Report By Defendant as to GCC Alliance Concrete, Inc 16 (Khan, Sumera) Modified on 1/17/2012, objection withdrawn per 23 Sealed Withdrawal (skm). (Entered: 09/20/2011)
11/09/201118 ORDER Setting Hearing as to Defendant GCC Alliance Concrete, Inc. Sentencing set for 2/2/2012 09:00 AM in SC 3rd Fl Ct before Judge Mark W Bennett. Signed by Judge Mark W Bennett on 11/9/11. (djs) (Entered: 11/09/2011)
11/14/201119  MOTION to Set Briefing Schedule by USA as to GCC Alliance Concrete, Inc. (Geverola, Andre) (Entered: 11/14/2011)
11/14/201120 NOTICE of Consent to 19 Motion to Set Briefing Schedule by Defendant GCC Alliance Concrete, Inc (Khan, Sumera) Modified text to add link on 11/15/2011 (skm). (Entered: 11/14/2011)
11/17/201121 ORDER - Granting 19 MOTION To Set Briefing Schedule filed by USA as to Defendant GCC Alliance Concrete, Inc. Any filings under Local Criminal Rule 32(a)(2) shall be filed no later than January 19, 2012, and any filings under Local Criminal Rule 32(a)(3) shall be filed no later than January 26, 2012. Signed by Judge Mark W Bennett on 11/17/2011. (src) (Entered: 11/17/2011)
01/11/201222 SEALED Presentence Investigation Report Final and Amended Presentence Report with Sentencing Worksheet attached by USA, US Probation, GCC Alliance Concrete, Inc as to Defendant GCC Alliance Concrete, Inc (Attachments: # 1 Sentencing Worksheet) (Guthrie, Loretta) (Entered: 01/11/2012)
01/18/201224 SEALED Sentencing Memorandum By Defendant as to Defendant GCC Alliance Concrete, Inc (Attachments: # 1 Exhibit List to GCC Alliance Sentencing Memorandum) (Khan, Sumera) (Entered: 01/18/2012)
01/19/201225 SENTENCING Memorandum by USA as to Defendant GCC Alliance Concrete, Inc (Jacobs, Robert) (Entered: 01/19/2012)
02/02/201226 MINUTE Entry with Exhibit List for proceedings held before Judge Mark W Bennett: Sentencing held on 2/2/2012 as to defendant GCC Alliance Concrete, Inc. Defendant's Hearing Exhibits due by 2/5/2012. (Court Reporter - Shelly Semmler) (src) (Entered: 02/02/2012)
02/03/201227 NOTICE of Filing of Exhibits from Hearing by Defendant GCC Alliance Concrete, Inc., re 26 Sentencing Hearing. (Khan, Sumera) Modified text on 2/6/2012 (skm). (Entered: 02/03/2012)
02/08/201228 VACATED - per order at 31 - JUDGMENT as to Defendant GCC Alliance Concrete, Inc, Counts 1-3, Defendant sentenced to probation for up to 18 months. This term consists of up to 18 months on each of Counts 1, 2, and 3 of the Information to be served concurrently. Special Assessment fee of $1,200.00 (paid). Signed by Judge Mark W Bennett on 02/08/2012. (src) Modified on 2/15/2012 to update text. (src) (Entered: 02/08/2012)
02/09/201229 SEALED Statement of Reasons by USA, US Probation, GCC Alliance Concrete, Inc as to Defendant GCC Alliance Concrete, Inc (Guthrie, Loretta) (Entered: 02/09/2012)
02/15/201230  MOTION to Alter 28 Judgment by USA as to GCC Alliance Concrete, Inc. (Attachments: # 1 Brief) (Jacobs, Robert) Modified on 2/16/2012 to add link to judgment (skm). (Entered: 02/15/2012)
02/15/201231 ORDER Sua Sponte Vacating Judgment 28 as to Defendant GCC Alliance Concrete, Inc. The parties are directed to confer amongst themselves and determine a briefing schedule, and when the parties wish to be heard telephonically in oral argument. Once they have conferred, they are directed to contact my legal assistant, Jennifer Gill, and advise her of what the parties have determined. Telephonic oral argument will then be set by further order. Signed by Judge Mark W Bennett on 02/15/2012. (src) (Entered: 02/15/2012)
02/21/201232 ORDER re 30 MOTION to Alter Judgment filed by USA as to Defendant GCC Alliance Concrete, Inc. Defendant is directed to file a brief in response by 2/24/2012. Prosecution shall file any brief in reply by 3/2/2012. Telephonic Motion Hearing set for 3/12/2012 02:00 PM before Judge Mark W Bennett. Chambers will initiate telephone conference call. See text of order for further instructions. Signed by Judge Mark W Bennett on 2/21/12. (djs) (Entered: 02/21/2012)
02/24/201233 NOTICE of Filing of Official Transcript of Sentencing Proceedings as to Defendant GCC Alliance Concrete, Inc held on 02/02/2012, before Judge Mark W Bennett. Court Reporter - Shelly Semmler, Telephone number 712-233-3846. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/16/2012. Redacted Transcript Deadline set for 3/26/2012. Release of Transcript Restriction set for 5/24/2012. (src) Modified on 2/24/2012 to note NEF to Court Reporter via email. (src) (Entered: 02/24/2012)
02/24/201234 NOTICE of Filing of Electronic Transcript: Administrative Order attached: Please read for instructions for actions parties/counsel may be required to take re 33 Transcript of Sentencing. (src) (Entered: 02/24/2012)
02/24/201235 SUPPLEMENT/ADDENDUM 24 Sealed Sentencing Memorandum by Defendant GCC Alliance Concrete, Inc (Khan, Sumera) (Entered: 02/24/2012)
03/02/201236 REPLY TO RESPONSE to Motion by USA as to Defendant GCC Alliance Concrete, Inc re 30 MOTION to Alter Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Jacobs, Robert) (Entered: 03/02/2012)
03/12/201237 MINUTE Entry for proceedings held before Judge Mark W Bennett: Telephonic Motion Hearing as to Defendant GCC Alliance Concrete, Inc held on 3/12/2012 re 30 MOTION to Alter Judgment. Motion is granted. Exhibits previously filed at 36 . (Court Reporter Shelly Semmler.) (djs) (Entered: 03/12/2012)
03/14/201238 JUDGMENT as to Defendant GCC Alliance Concrete, Inc (1), Count(s) 1-3. Defendant sentenced to probation for up to 18 months. This term consists of up to 18 months on each of Counts 1, 2, and 3 of the Information to be served concurrently. Special Assessment fee of $1,200 (paid). $100,000 Fine. Signed by Judge Mark W Bennett on 3/13/2012. (des) (Entered: 03/14/2012)
03/19/201239 SEALED Statement of Reasons by USA, US Probation, GCC Alliance Concrete, Inc as to Defendant GCC Alliance Concrete, Inc (Guthrie, Loretta) (Entered: 03/19/2012)
04/02/201240 NOTICE of Filing of Official Transcript of Telephonic Hearing Proceedings as to Defendant GCC Alliance Concrete, Inc held on March 12, 2012, before Judge Mark W Bennett. Court Reporter Shelly Semmler, Telephone number - 712.233.3846. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/23/2012. Redacted Transcript Deadline set for 5/3/2012. Release of Transcript Restriction set for 7/2/2012. (src) (Entered: 04/02/2012)
04/02/201241 NOTICE of Filing of Electronic Transcript: Administrative Order attached: Please read for instructions for actions parties/counsel may be required to take re 40 Transcript of Telephonic Hearing. (src) (Entered: 04/02/2012)